Confiscation of Legal Mail and Documents

grievance_form · Oct 6, 2022

Govt Supplement to Opposition - Doc 169 p.3/5 - SanDisk Photo & Sect III

Page 3 of 5 of Doc 169. Includes a photograph of evidence bag with SanDisk USB drive labeled Nichols, COVID-19 vaccination record. Section III argues second drive that Nichols claims disappeared was not operable and returned in 2021.

grievance_form · Oct 6, 2022

Govt Supplement to Opposition - Doc 169 p.4/5 - Two Drives Issue

Page 4 of 5 of Doc 169. Continues quoting Nichols motion. Notes Nichols asserts in reply brief (ECF 168) and affidavit (ECF 168-4) that he had TWO hard drives on Aug 29 2022. Government requests court deny emergency release.

motion · Sep 30, 2022

Defendant Reply — page 3 of 14

Section E: alleges USMS transferred Nichols to moot habeas petition. Argument II.A: thumb drive confiscation is sufficient basis for release under § 3142(i).

motion · Sep 30, 2022

Defendant Reply — page 5 of 14

Argues government carefully worded representation about prosecution team possessing thumb drive does not cover guards, jail litigation team, US marshals, J6 committee, or news media.

motion · Sep 30, 2022

Defendant Reply — page 7 of 14

Subsection 3: thumb drive confiscated again Sept 5, still missing two weeks later. Subsection 4: Ali findings on harsh conditions not reversed.

grievance_form · Sep 9, 2022

DC DOC Complaint 9/9/22 - hard drives with FBI/habeas materials seized

Second DC DOC Inmate Complaint Form same date by Ryan Nichols. Documents being placed in administrative segregation/solitary confinement by Lt. Lancaster (Capt. Lancaster) on false allegations, with hard drives containing attorney-client privileged notes, FBI reports, and habeas corpus case information CONFISCATED AND NEVER RETURNED. Major Sixth Amendment / due process violation.

motion · Aug 30, 2022

Emergency Motion for Release — page 5 of 12

Argument I.B: Defendant ability to prepare for trial irreparably compromised by raid and confiscation of discovery. Cites United States v. Ali and Barker v. Wingo.

motion · Aug 30, 2022

Emergency Motion for Release — page 3 of 12

Details of ERT raid: Corporal Feliciano and officer Stretch covered badges, no body cam. Reference to Exhibit A (email from counsel to DOC). Discusses PTSD aggravation and suicide watch.

grievance_form · Jul 24, 2022

IGP Calendar tracking grievances 2022

Handwritten IGP (Inmate Grievance Procedure) tracking calendar listing 16+ grievance issues with Step 1-4 dates from March 2022 through July 2022. Tracks business-day deadlines and responses.

grievance_form · Jul 5, 2022

IGP Step 4 Appeal 7/5/22: legal/US mail confiscated 3.5 weeks

DC DOC IGP Appeal - Deputy Director (Step 4) by Ryan Nichols 376795 C2B dated 7/5/22. Appeals US Mail and Legal Mail confiscation/not returned for 3.5 weeks. Step 1 written 5/10/22, Step 2 5/20/22, Step 3 6/1/22 with no response. Could not work on his case; told by LT Lancaster discovery wasnt nowhere to be found. Notes: My legal mail and US mail was magically found only after he filed IGPs.

grievance_form · May 20, 2022

Step 2 Formal Grievance #20220527-603: Mail/legal docs taken 1 month, IGP records

DC DOC Step 2 Formal Grievance Form (IGP # 20220527-603) by Ryan Nichols dated 5/20/22, escalating 5/10/22 informal IGPs about property/mail/legal documents taken for almost a month, not returned until 4 days after returning to C2B. DOC Response 5/27/22 Campbell PCM: Non-grievable - See attached. Manager Covid-19.

exhibit · May 13, 2022

DC DOC Issues log continued - May 9-13, 2022

Continuation of DC DOC issues log. 5/9/22 Taken back to SHU-B from medical S2. 5/10/22 Taken back to C2B. 5/13/22 Legal mail & commissary returned.

motion

Defense Argument p.2 — Thumb Drive Confiscation Makes Trial Prep Impossible

Page 2 of defense argument outline. Legal standard under 18 U.S.C. 3142(i) — subsequent order for temporary release if necessary for trial preparation or another compelling reason. Argues confiscation of Mr. Nichols thumb drive containing privileged litigation strategies makes trial preparation impossible. Thumb drive confiscated Aug 29, then again Sept 5, never returned; government doesnt know where it is.

letter

Defense letter — Discovery access problems at DC Jail (Nichols hard drive & Relativity)

Letter (likely from defense team) detailing longstanding discovery access problems for Ryan Nichols at DC Jail: hard drive confiscated by Sgt. Franklin in November, Evidence.com access only recently restored, no Relativity access. Argues for 60-day continuance.

letter

From Robert Morss — Cell C2B conditions list, religious denial (p.2)

Page 2 of Morss letter - itemized complaints of C2B cell. Jagged edge rusty metal desk/bunks, caked feces/urine/blood on walls and vents, thin mattresses sleeping on metal cooking tray 3 months. Flooding incidents - bedsheets to control. Requested VA Rep with no developments. Food terrible no nutritional value, religious services denied (Church, Clergy, Chaplain visits). "Consistently compared to beasts, hogs, and dogs in delivered religious material." Broken sink/no hot water, broken toilet splashing filthy water, rusty metal cuts skin/hair/clothes. Mail: hundreds of letters never reached him.

exhibit · Oct 19, 2021

Meeting With Jail Staff page 4 - grievances, PREA, racial discrimination, CPL Hayes/Armstrong/Holmes

Page 4 of jail town hall notes. Documents extensive grievances filed by Pod C2B detainees: legal mail not mailed (Tim Hale), PREA violation grievance by Sean McHugh witnessed by Alan Byerly, racial discrimination by Ryan Nichols/Shane Jenkins/Jose Padilla. Names CPL Hayes (harassed Kash Kelly), CPL Armstrong (door-kicking incident), CPL Holmes (told detainees Shut The F up and F America when singing National Anthem), Scott Fairlamb confronted Hayes. Sgt Robinson, Lt Shoemake mentioned.

letter

From Timothy L. Hale-Cusanelli #376441 — conditions list (Ryan Samsel beating note)

Letter signed by Timothy L. Hale-Cusanelli (#376441), J6 detainee, listing DC Jail conditions in bullet form. Church Services cannot be accessed/religious material is unavailable or has blatant discrimination. Dietary needs nearly impossible to attain without having a heart attack first. Meals devoid of nutrition, no real protein, rotten vegetables, excessive soy. Water metallic taste, contaminated w/ mold; ventilation contaminated w/ mold. Limited hygiene/grooming, no shaving/haircuts, sewage in showers. Recreation arbitrarily given, often in cells over 24 hrs straight, outdoor rec frequently cancelled. Access to court limited, attorney calls monitored, legal visits blocked, late for court because guards. Legal mail stolen by guards, discovery blocked by staff, grievances opened & read by offending officers. Guards make copies of personal mail and info of loved ones, share inmate court info w/ other guards for fun. "Testimony of physical abuse and threatened sexual abuse expressed by officers and Jail (beating of Ryan Samsel)." Mail and books withheld for weeks-months after safe arrival. Medical treatment withheld after numerous requests, lack of nutrition + exercise caused atrophy ignored despite appointments. Broken door locks fixed overnight but toilets go weeks without repair, toilet floods often fill whole C2B pod up to ankles. Inmate uniforms impossible to get replaced, clothing cheaply made.

affidavit

Witness statement: Kenneth Harrelson — hate-mail received in DC Jail

Handwritten witness statement from Sgt Kenneth Harrelson (US Army, ret.) describing 10+ months of hate mail received while detained at DC DOC, postmarked Orlando FL, including harassment of his wife via GiveSendGo and misuse of bible verses.

other

Peter Stager — envelope labeled IGP Legal Mail, Peter Stager 376784, C2B-08

Mailing envelope with handwritten markings: "IGP Legal Mail" (upper left) and "Peter Stager 376784, C2B-08" (centered). Documents Peter Stager identity, DCDC# 376784, and housing assignment. Likely the envelope for mailing one of his IGP-related grievance documents.

affidavit · Apr 6, 2022

Jessica Watkins veteran witness statement re DC DOC (p.2, signed 6 Apr 22)

Page 2 (signed) of Watkins' affidavit: filthy peroxide cleaner instead of bleach, black mold/sewer flies/cockroaches, Marjorie Taylor Greene and Louie Gohmert congressional visit, due process violations (seized/lost Discovery), constant mail interference, improper strip searches of transgender detainee. Signed Jessica Watkins #376520, 6 Apr 22.

motion · Oct 28, 2022

Nichols Supplement to Motion for Pretrial Release - Doc 177 p.1/11

Page 1 of 11 of Document 177 - Defendant Nichols Supplement to Motion for Pretrial Release. Background section references Aug 30 2022 Emergency Motion (ECF 150), DC Jail hard drive confiscation, Salerno precedent.

motion · Oct 28, 2022

Nichols Supplement to Pretrial Release - Doc 177 p.7/11 - ARGUMENT Point One

Page 7 of 11 of Doc 177. Begins ARGUMENT section. Point One: Missing hard drive justifies release. Section 3142(i) provides release for defense preparation. Three questions Washington must explain. Sept 5 removal as pretext to steal blue drive.

motion · Oct 28, 2022

Nichols Supplement to Pretrial Release - Doc 177 p.6/11 - Missing blue drive & Rappahannock Sgt. Foster

Page 6 of 11 of Doc 177. Details: Aug 29 confiscation of black terabyte (blue thumb not noticed); Sept 5 someone took blue thumb drive. Rappahannock Jail (now holding Nichols) does not allow electronic discovery review outside attorney visits. Sgt. Foster told Nichols Oct 28 jail aware of Court order.

grievance_form · May 10, 2022

Step 1 Informal Resolution: Missing legal mail/Congressman letter from SMU property - IGP #20220512-290

DC DOC Informal Resolution Form (IGP # 20220512-290) filed by Ryan Nichols 5/10/22 alleging legal mail, US Mail, legal documents, letters from Congressman and pictures have been lost/stolen/sabotaged from property hold during placement in SMU-A 4/20/22. Demands his legal property and sensitive documents not be seen by DC DOC; if not released should be sent to attorney Joseph McBride.

motion

Defense outline p2: three drives, Aug 29 confiscation, Officer Swolwannii bodycam

Page 2 of the McBride opening-statement outline. Establishes three Nichols hard drives (two Files & Harrison thumb drives — red + blue — and one black 1 TB McBride drive). Notes that Officer Swolwannii at DC Jail let Nichols keep red drive during a McBride visit and the event is verifiable via Swolwannii bodycam. Itemizes Ingrid Washingtons Aug 29 2022 confiscation of hard drives, Sept move six days later with blue thumb drive stolen, no discipline charge, Marshals demand for FOIA. Argues DOJs position relies entirely on the Ingrid Washington affidavit which is provably false (Washington at CTF vs Nichols at CDF; all J6ers kept drives 6+ months).

motion · Aug 10, 20223 pages

Petition for Writ of Habeas Corpus (Civil Action 1:22-cv-02356, Nichols v. Garland, filed 8/10/2022, 65 pp.)

Page 25 completes First Amendment allegations (paragraphs 103-113): denial of right to speak with congressman, retaliation when Congress or lawyer takes action, derogatory comments and threats based on race, political views, and Christian faith, denied reading materials and force-fed racist propaganda. Cites Lee v. Weisman 505 U.S. 577 (1992). Opens Section V.G Sixth Amendment Deprivation (paragraphs 114-118): attorney-client privileged calls illegally monitored since detention began, discovery confiscated repeatedly including Nov 1 2021 before Dec 20 bail hearing.

letter · Sep 13, 2021

Garret Miller — 23/15 lockdown, shoulder surgery, Memorial Day flags seized (p.2)

Page 2 of Garret Miller civil rights timeline. (8) Oklahoma Transfer Center 23-hour 15-min lockdown, 45 min/day rotating for phone/law library/showers. Bone solidified with multiple bone shards before received shoulder surgery. (9) Chickasaw County overnight no bedding/extra clothing, slept on floor. (10) DC-CTF: no religious services, observant Jew - inseparable requests and Bible requests unanswered. No outdoor rec for a month (3 months including Oklahoma). Mail withheld, no haircuts, no visitation. Harassment for actions of others. 2 hand-drawn American Flags confiscated for showing patriotism on Memorial Day. Refers to attorney Clint Broden (214) 563-3154, 2600 State St, Dallas TX 75204.

grievance_form · Oct 6, 2022

Govt Supplement Doc 169 p4/5: TWO drives argument, prayer to deny release

Page 4 of 5 of ECF Doc 169. Quotes Nichols motion claims about USB drive, notes Nichols reply (ECF 168) and affidavit (ECF 168-4) introduce a second blue drive for first time. Notes Ms. Washington stated first discovery drive delivered to DOC was not operable or not compatible with DOC discovery laptops; attorney notified Oct 7, 2021. Government concludes by requesting Court deny emergency-release motion.

grievance_form · Oct 6, 2022

Govt Supplement to Opposition to Motion for Release re USB hard drive (Doc 169, p1/5)

Page 1 of 5 of Government supplement (ECF Doc 169) to its opposition to Nichols motion for release in 1:21-cr-117 (TFH). Discusses DOC confiscation and return of Nichols electronic-discovery hard drive at DC jail on Aug 29, 2022, citing affidavit of Ingrid Washington (DOC Litigation Support Unit).

grievance_form · Oct 6, 2022

Govt Supplement Doc 169 p3/5: bagged USB drive photo, prosecution team denial

Page 3 of 5 of ECF Doc 169. Includes photo exhibit of a bagged Nichols USB hard drive labeled Nichols, Ryan alongside COVID-19 vaccination card. Government denies prosecution team ever examined or possessed the drive. Section III rebuts Nichols claim that hard drive mysteriously disappeared.

transcript · Dec 20, 2021

Judge Hogan on the record: Ryan Nichols' due process rights were violated

Transcript page from Ryan Nichols' December 20, 2021 second bond hearing before Hon. Thomas F. Hogan. The Judge acknowledges 22-23 hour/day cell retention as "terrible, confining, and difficult" and accepts defense counsel's argument that Ryan's due-process rights were violated — "that should be another basis for his release." On the same page, attorney Joseph McBride lays out retaliation: the DC Jail confiscated Ryan's discovery and revoked his laptop access immediately after he raised conditions of confinement in his November 1 papers. Despite this on-record admission, bond was again denied.

exhibit · Mar 15, 2021

DC DOC voluminous evidence review procedure (Mar 15 2021) — Doc 169-1 p6/13

Page 6 of 13 of ECF Doc 169-1: DC Department of Corrections procedure dated March 15 2021 for voluminous or electronic evidence review during COVID-19 pandemic. Lists DOC Litigation Support Unit contacts Kimberlee Smith (nee Lewis) kimberlee.lewis@dc.gov and Ingrid Washington ingrid.washington@dc.gov.

motion · Sep 8, 2022

Doc 156 p3: No detox bath, mental health denied, Spanish grievance form

Page 3 of 4 (Doc 156). Details aftermath: 24-hour shower denial after chemical spray, scolded staff after 36 hours, mental health visits canceled ("Fuck you. You aint going to see mental health"), attorney-client materials and discovery confiscated, electronic grievance shut off, staff gave him grievance form written in Spanish and laughed, no pen. Argues Lancasters cruelty retaliation for habeas petition.

grievance_form · Oct 6, 2022

Govt Supplement to Opposition - Doc 169 p.1/5 - Hard Drive Status

Government supplement to opposition to motion for release (Doc 169), page 1 of 5. Addresses status of electronic discovery and DOC confiscation of USB hard drive from Nichols on August 29, 2022.

exhibit · Oct 6, 2022

Doc 169-1 p.7/13 - DOC Voluminous Evidence Review Procedure (Exhibit A pt 2)

Page 7 of 13 of Doc 169-1 (Washington affidavit attachments). Continuation of DOC procedure letter (Exhibit A) describing inmate evidence review rules, two-week review periods, waitlists, refusal process.

motion · Aug 30, 2022

Emergency Motion for Release — page 2 of 12 (Background)

Background section explaining 20-month detention since January 18, 2021, habeas petition, and DC Jail confiscation of USB drive containing attorney-client privileged discovery materials on Aug 29, 2022.

exhibit4 pages

DC DOC Inmate Handbook 2022-2023

Page 14 of DC DOC Inmate Handbook covering Legal Mail rules, Law Library access via APDS tablets, Leisure Library via DC Public Libraries, and Inmate Request Slip uses.