Live: Follow along for Day 14 of the Proud Boys seditious conspiracy trial

The Proud Boys on trial for seditious conspiracy enter Day 14 of proceedings on Thursday. If you want to catch up, here’s where we left off. 

UPDATE: Thursday, Feb 2, 2023 · 9:35:04 PM +00:00 · Brandi Buchman

That does it for today — jurors will return on Tuesday at 9 a.m. They will not sit on Monday because prosecutors and defense attorneys need to hash out issues over Telegram exhibits that could be admitted into evidence. 

Thanks for following along! 

I will post a big recap of this week in court on Friday. 

UPDATE: Thursday, Feb 2, 2023 · 9:33:42 PM +00:00 · Brandi Buchman

Cooney was cross-examined briefly by other defense attorneys, including those for Henry Tarrio and Dominic Pezzola. 

Tarrio’s attorney Nayib Hassan asked Cooney if she was listening to police radio transmissions from Ellipse on Jan. 6 while former President Donald Trump delivered his speech. 

She didn’t have access to those transmissions, she testified, and she didn’t know what Trump was saying. 

She told Hassan she moved from the east side of the Capitol to the west side of the Capitol around 12:53 p.m. on Jan. 6, She wasn’t aware of the precise timing, however, until she prepared for her testimony with prosecutors handling this case. 

Hassan attempted to enter a hypothetical, suggesting that if Trump’s speech had ended at 12:16 p.m., she wouldn’t have known it. 

Prosecutors objected and the judge sustained it. In fact, Trump’s speech ended closer to 1 p.m. 

Cooney didn’t use pepper spray on protesters on Jan. 6 nor did she use pepper balls on protesters. She’s not trained to use them at all, in fact. 

Defense attorney Roger Roots, for Dominic Pezzola, asked Cooney if she knew whether it was a violation of the USCP use of force policy to fire pepper balls in the faces of protesters? 

Cooney said it was an area she understood officers were not supposed to target. 

Under redirect by prosecutor Conor Mulroe, Mulroe refocused the jurors' attention to earlier testimony about the moment the crowd seemed to shift from angry but manageable to a full-on riot. 

Mulroe: Did that or did that not include individuals you saw on screen with backwards cap and the gaiter (Nordean, Biggs)?
That would include that, Cooney testifies.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Its footage from the black fence as its being rocked back and forth.
Did it take use of force to remove that fence?
Cooney: Yes, it was screwed into the concrete.. it takes a great amount of force to get that detached.
More than 1 person would need to try? Yes

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Did you see the man in black cap being taken for a ride on that fence?
No. He was pulling at the fence out of the concrete.
Mulroe: He didn't just lay it on the ground?
Cooney: No.
And that does it for this witness.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

UPDATE: Thursday, Feb 2, 2023 · 8:25:32 PM +00:00 · Brandi Buchman

Cooney has come under cross from Nick Smith, defense attorney for Ethan Nordean. 

Smith took pains not to refer to his client by name, only referring to him as a “man in a black baseball cap” as he showed jurors and the witness footage from the breach. 

Smith asks if man in black baseball cap should have stopped, he didn't, even after Cooney asked him to stop. He then moved up onto the landing.
Smith: Should he have gone there.
No, Cooney testifies.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

...if they would have stayed in that area and not charged fwd, it wouldn't have impacted her job that day as badly.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Cooney told Smith she was positive it was Nordean that called her a ‘pig’ and ‘traitor.’

Smith asks her to confirm who called her a pig and traitor: The man in the black cap? (Nordean)
Cooney: Yes
How do you know it was him who said it?
Cooney: Because he looked right at me

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Smith now shows footage from higher above this same location we've been reviewing, Smith circles Nordean in crowd, appears to be grabbing at someone who is pushing a police officer. Smith asks Cooney if she can see that....

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

From aerial shot, Smith notes how many people in crowd wore similar attire, gaiters, sunglasses.
Smith: Is it possible you were remembering a different person when this man shouted pig at you?
Cooney: No
Smith: Its not possible?
Cooney: No its not possible

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Smith shows footage of Nordean drinking something from can while he stands facing the crowd, his back to police officers at the fencing. Smith moves the clip ahead and Nordean is still seen at fencing, yes?
Yes, Cooney testifies.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Smith asks Cooney if it looks like Nordean appears to be rocked backward abruptly "like a marionette, pulled back by a string"
He's standing, there's no fencing. Smith plays the video forward a bit and the camera is pointed at ground.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Did you see man in black cap use a flagpole or baseball bat or encourage anyone to do that?
Cooney says no to both.
Did this man strike you or encourage others to strike you?
No.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

UPDATE: Thursday, Feb 2, 2023 · 8:22:07 PM +00:00 · Brandi Buchman

Under direct examination by prosecutor Conor Mulroe, Officer Shae Cooney described how those in the crowd threw bits of fence at her and other officers, frozen water bottles, flag poles. 

“Anything that they had brought with them, they were throwing at us,” Cooney testified. “We were hit with thin blue line flags, American flags.”

The projectiles were a distraction, she added, as she and other officers struggled to deal with the people closest to them. 

The stairs that protesters charged up, including members of the Proud Boys, had been closed to the public since September 11 and certainly were not considered unrestricted on Jan. 6. When she saw the crowd moving toward the entryway at the top of the stairs, she ran toward the scene. 

Jurors heard Cooney on police radio transmission describing the breach and later, as rioters swelled over scaffolding erected around the inaugural stage, she made a call for “less than lethal support.” 

Mulroe now has a different angle from the breach at the scaffolding. The officers are few. There's an arc of OC spray that jets out from the crowd toward the officers.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Cooney responded to danger in multiple parts of the Capitol on Jan. 6 after her time on the lower west front. She was at the Capitol when certification was disrupted and was there when it resumed. She was there too when it ended. 

Cooney did not get home until 4:30 a.m. on Jan. 7 and was scheduled to work the next day.

Cooney: I'm trained on the m4 rifle and when congress is in session they have us in the upper house, upper senate landings, so I was in charge of the upper house landing going back with the m4 with a few other officers

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

And after she left, did she come back 8 hours later?
Cooney: no. 5 hours later. got 2 hours of sleep. took a shower.
Why did she come back so soon?
Cooney: It didn't feel right to take too much time off between the last shift and my next shift

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

UPDATE: Thursday, Feb 2, 2023 · 8:10:36 PM +00:00 · Brandi Buchman

I will post the next update in a large chunk — both direct and cross examination have moved very fast. 

UPDATE: Thursday, Feb 2, 2023 · 7:48:31 PM +00:00 · Brandi Buchman

QUICK CORRECTION:

Two names have been misspelled in my recent coverage. My sincere regrets and apologies. 

It is FBI Special Agent Kate Camiliere. 

And it is FBI Special Agent Ann Borgertpoepping. 

UPDATE: Thursday, Feb 2, 2023 · 7:09:46 PM +00:00 · Brandi Buchman

The government called its next witness on Thursday: U.S. Capitol Police Officer Shae Cooney. 

Cooney testified about her experience at the Capitol on Jan. 6. She served as part of the first responder’s unit and has been on the force for six years. 

Her testimony was interspersed with footage from the Capitol where Proud Boy defendants Joseph Biggs and Ethan Nordean allegedly pushed past a bike rack and charged past police. 

Cooney testified that the crowd grew angrier once police lined up in front of the barriers, screaming “pigs” or “traitors” or chanting “USA” and “Trump.” Some of the police wore protective gear on that line but many did not. 

Her testimony will continue this afternoon now that jurors have returned from lunch.

UPDATE: Thursday, Feb 2, 2023 · 4:46:24 PM +00:00 · Brandi Buchman

After the uneventful cross of Special Agent D’Agenlo, the government called its next witness: FBI Special Agent Ann Borgertpepping. 

Like D’Angelo, the agent went through evidence that was seized from the defendants’ respective homes. She was a case agent that took part in the search of defendant Ethan Nordean’s Ashburn, Washington home but her assignment was generalized. She did not have specific investigative knowledge of this case. 

On direct by prosecutor Nadia Moore, Agent Borgertpepping testified that roughly 10 to 12 search agents were present. Once inside, agents found several pieces of evidence that prosecutors argue are connected to the Jan. 6 conspiracy and the relationship between the alleged conspirators. There were Proud Boy caps, challenge coins, and other items like membership cards featuring the Proud Boys mantra and slogans. There were t-shirts and other Proud Boys ephemera including items that featured Nordean’s Proud Boys handle or nickname, Rufio Panman. 

Under cross by Nordean’s defense attorney Nick Smith, Smith asked Agent Borgertpepping if she was aware whether assault rifles were pointed at Nordean’s wife by a SWAT team when they arrived to search the home. 

How does agent know Nordean's wife was talked to? She knows Nordean's wife spoke to Rick Hall.
Smith asks if agent knows whether wife asked for a lawyer and was denied?
Objection. Sustained.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Smith asks about a phone seized from Nordean's home.
Do you understand if govt has gained access to that phone?
Yes
Do you know how?
I'm not sure. I had no direct interaction with phone other than seizing it, so I don't know what happened with it.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Smith asks if she recalls seeing black marks on ground and wall on foyer because flash bangs had been sent into home?
Yes, agent says.
Why flashbangs used if Nordean wasn't there?
I wasn't part of SWAT, I can't testify to that

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

Smith also asked the agent if she recalled finding a passport in Nordean’s home. Borgertpepping said she didn’t personally locate it and couldn’t recall the agent who did. Smith asked a few questions on Thursday about an agent named Rick Hall though it was not clear why. Under questioning, Borgertpepping said she couldn’t recall whether it was Hall who located the passport during the search of Nordean’s home or if he remarked about it during the search or if he suggested Nordean was a flight risk. 

Smith elicited testimony from the agent as well that there was not a cache of weapons tied to Jan. 6 found in Nordean’s home. 

Cross-examination by other defense attorneys went quickly:

• Hernandez (for Rehl) had no questions
• Tarrio’s attorney Sabino Jauregui asked if there was any evidence found in Nordean’s home that was directly connected to the Proud Boy ringleader in any way. The agent said there was not.
• Roger Roots (for Dominic Pezzola) elicited testimony under cross that the special agent spent 3 to 4 hours in Nordean’s residence 

The next witness for the government is expected shortly. 

This is a significant difference from other days in this trial where proceedings have dragged at a snail’s pace. 

UPDATE: Thursday, Feb 2, 2023 · 3:36:33 PM +00:00 · Brandi Buchman

FBI Special Agent D’Angelo’s direct examination was very short-lived by prosecutor Nadia Moore. Moore only had her review a few challenge coins found in defendant Zachary Rehl’s Philadelphia home in March 2021. One of the coins found there was similar to the one found in Joseph Biggs home during a warranted search. The coin features the White House with fireworks behind it, a person on a scooter, the year 2020 and includes the text “Glorious Bastards” and a picture of the Capitol on the other side.

Ethan Nordean’s counsel waived cross-examination. Dan Hull had only a few questions, largely meandering ones about conferences she has attended before in her professional capacity (fire safety, weapons of mass destruction panels).

Under cross from defense attorney Carmen Hernandez, Hernandez asked questions about the search of Rehl’s home. Hernandez elicited testimony: When the FBI arrived, Rehl was home. They conducted a protective sweep, met with his wife, who was pregnant at the time. Rehl’s wife provided agents with a key to a storage locker. Jurors saw a very cute picture of Rehl’s wife and baby.

UPDATE: Thursday, Feb 2, 2023 · 2:35:00 PM +00:00 · Brandi Buchman

We will resume direct examination of FBI Special Agent Elizabeth D’Angelo today but before we do—

Jurors have not yet entered the courtroom. Instead, U.S. District Judge Timothy Kelly has begun addressing a few lingering issues from Wednesday. 

Defense attorney Norm Pattis, for defendant Proud Boy Joseph Biggs, requested that FBI Special Agent Kate Camillieri not be allowed to sit in the courtroom while other witnesses testify. 

While witnesses are not allowed to be in the courtroom during testimony, there is an exception for the government. They can have at least one person, a case agent, available to watch proceedings. There have been at least two case agents in the courtroom during the last week of this trial.

Prosecutors said Wednesday that Camillieri was a necessary addition in the courtroom because of the complexity of the case but Judge Kelly did not agree:

Judge Kelly: Until I receive greater legal authority or factual authority or proffer on whether she's necessary for govt to present their case -- I have no doubt she would aid the govt, but at this point, based on what I know, I'm going to exclude her going forward.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

The government can still have contact with the special agent outside of the courtroom to discuss the case, Judge Kelly said. 

On a separate matter, the judge suggested that the defense come up with instructions for the jury around how to view handwritten notes taken by Agent Camillieri as she conducted her investigation of the Proud Boys Parler posts leading up to Jan. 6. 

Kelly: The agent expressed views on the nature of conspiracy....it came out on cross. started with regard to her notes, as she clarified her notes.
Hernandez objected on redirect to govt further clarifying that.
At end of the day, the jury can't consider the agent's opinion...

— Brandi Buchman (@Brandi_Buchman) February 2, 2023

and think about the nature of the conspiracy in terms of the evidence presented.

— Brandi Buchman (@Brandi_Buchman) February 2, 2023