Day 16 of Oath Keepers Trial
The morning began shortly after 9am with the media room being fed the audio from the status/scheduling hearing for the NEXT OKs trial, scheduled to being when (and if?) this one ever gets finished. (Happy Thanksgiving! Too soon?) I’m hearing Mehta optimistically planning pre-trial hearings BEFORE Thanksgiving. (Perhaps Mehta should start handing out ivermectin and hydroxychloroquine every morning, to everyone. Aren’t we entering Wu-Hu Flu season, again?)
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The courtroom tech just came down and cut off our feed. Apparently Mehta has called another sealed session. After yesterday’s debacle, one can only guess . . .
Opportunity for more coffee. I’ll be back shortly . . .
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Got back from refilling my coffee just in time - as feed from courtroom has just been turned back on . . .
Court in session at 9:39am.
Mehta announces that Atty Woodward will not be back until Monday. He hopes Rhodes will be allowed back by Monday . . . but his return not until next Thursday is still likely, based on the Alexandria jail’s rules. The Court hopes to be finished with four of the “inconsequential to Rhodes” witnesses today, then the court will go into recess until at least Monday. It has been decided that Officer Dunn and Special Agent Lazarus will not testify until Monday, due to concerns expressed by attys Woodward and Haller - regards his accidental injury yesterday, and Haller’s not being prepped for those two cross-exams. AUSA Nestler expresses other potential options for moving things forward more quickly, with less delays, and concerns about another witness already flying here for a scheduled testimony before the jury tomorrow. Bottom line . . . this whole situation is fluid, and subject to adjustment daily, but Mehta is going to have to lock this down ASAP, in respect to everyone’s travel schedules for the coming week. In short, it’s entirely possible we may not have a full day today, (assuming crosses are short and sweet), and then be in recess until Monday. Rhodes may or may not be in court by Monday. Nestler has said the government will need three more days to conclude their case after Rhodes gets back - be that Monday or next Thursday.
Jury seated at 9:48am . . .
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Government calls Secret Service Agent Lanelle Hawa who was working as liaison between SS and Congress on January 6, and the primary protectee of the SS that day was VP Pence and his family, who were all at the Capitol on J6.
The opening of the testimony basically deals with Hawa’s duties that day, Pence’s schedule and location throughout the morning. Haha personally greeted VP and escorted him to his ceremonial office, and as he moved throughout the building.
As Haha was attending to her duties with Pence and his family, she began getting messages of outer perimeter breaches on Capitol property, and eventually could hear actual protestors and police clashes. Video and photos showed of VP’s motorcade and also from the interior of the Capitol.
After breaches were confirmed, Haha reports having difficulty getting help from the understaffed USCP, who were already being overwhelmed confronting protestors. She then details the actual evacuation efforts and locations of Pence’s movements.
Nor further questions . . . and defense offers no cross exams.
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Government calls Officer Christopher Owens. Metropolitan Police Department officer. Was assigned to Civil Disturbance Unit on J6. (CDU)
When they received a trouble call from Capitol they went ‘Code 1’ (with lights and sirens) to Capitol, wearing protective gear and gas masks.
His CDU was sent inside the Capitol building, estimates he entered at about 2:40pm, and we are shown videos of those moments from CCTV cameras.
Next video is from Ofc Owens' own body cam. We immediately see a scene of violent confrontation with protestors as his CDU was attempting to protect the Senate chamber from entry by the protestors. Owens describes being lifted off his feet by the surge of rioters coming down the hallway. At one point being on the ground and rioters trying to take their gear - including firearm, magazines, badge, etc. We hear threatening language from rioters, directed at both the officers and Pelosi.
At 2:46:10, body cam video shows additional chanting, taunts, and intimidation from protestors, then same scene from another bodycam - different angle. Large group of Metro CDU officers backing up Owen and the others on front line facing rioters. Still, they were significant outnumbered by rioters.
More body cam scenes - eventually captures “shots fired” radio call at 2:46pm. Then audio of rioters chanting either “Mitch McConnell” or “Bitch McConnell” and other chants. Police line slowly being pushed back by advancing protestors using flagpoles and 2x4s to assault officers. But, they did hold their line, and prevented that hallway from being breached.
After clearing out the hallway leading to the main Senate door, they were moved to the Rotunda to assist clearing our remainder of Capitol.
No further questions . . . (Hmmmm . . . and no interactions with OKs presented. Just prejudicial videos shown to jury.)
Crisp - for Watkins - begins cross . . .
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Crisp begins by establishing where Hawa’s CDU entered the Capitol building upon their arrival, and where their first confrontations with rioters began.
No further questions (from Crisp) . . .
Defense has no further questions
Redirect has one question: “Where would rioters have reached had you not stopped them?”
Hawa: “The Senate Chamber”
No further questions. (Still not connections from that witness and testimony to OKs.)
Mehta calls for morning break, and then confirms the government will only have one more witness today.
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Note: Two witnesses’ testimonies already completed this morning. Neither witness had any interactions with the OK defendants on J6, nor were they asked any questions about the OKs.
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Mehta back from break at 11:14am . . . jury immediately seated.
Government calls Jason McIntyre. Works for ‘Architect of the Capitol.’ Registered fire protection engineer. Their department oversees maintenance, care, repair, and major construction projects at Capitol building.
Questions and answers about post J6 damage assessment - which he and his team began on J7. Assessed door and windows images, graffiti, and blood stains. Questions then focused on east side Columbus doors - showing video already brought into evidence. Describes the “ceremonial’ Columbus doors workings, vs.. the inner bronze and glass doors’ workings.
Showing sign at east doors which shows an alarm will sound after door mechanism is pushed for 3 seconds, then they will unlock 15 seconds after alarm sounds. Columbus doors are then described as being “open” most of the time, due to the difficulty of opening 20,000 lb. doors in event of an emergency.
McIntyre is shown photos of damage done to both sets of doors. Identifies broken panes of glass, missing door handles, chemical irritant residue and general damage to doors and surroundings.
McIntyre explains it is not the duty of the ‘Architect of the Capitol’ to assess HOW the damaged happened, only to assess costs and needs required for repairs or replacement to damaged property. ($10,063.00 to repair inner east doors. $24,175.00 to repair Columbus doors.)
No further questions.
No cross from defense.
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<Mehta calls sidebar>
Mehta closes by saying we have “come to the end of our day and the end of our week.” We’ve gone as far as we can go this week given the unavoidable circumstances, etc., etc.
<Another sidebar with attys>
Mehta returns to tell jury they need to plan on being at court on Monday, and only then will we know if or how long they will be needed.
Jury dismissed . . .
Mehta continues with attys, suggesting they can reconvene today at 2pm to try and get as much done as possible, including resolution of disputes about evidences and coming “jury instructions.”
Everyone dismissed until 2pm.
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I attended the ‘jury instructions’ hearing . . . and I have notes, but before I comment, I’ve requested the document of objections and requests they were working from. That will help me better explain (and understand) everything that took place. I will tell you, there were a couple of very good moments for the defense in that hearing.
Stay tuned . . .