Constitutional Right Violations

motion · Sep 30, 2022

Argues this case is easier than Thorne/Ali because no flight risk, no genocide attempt. Trial earliest March 2023. Section C: jail conditions complaints directly relevant.

motion · Sep 30, 2022

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

Cites Thorne extensively: § 3142(g) factors considered without requiring new/material change. Discusses Thorne defendant facing life imprisonment, 44 kg heroin/fentanyl, released for COVID.

motion · Sep 30, 2022

Page 13 of 14 of Emergency Motion for Release (Doc 168). Discusses PTSD, solitary confinement, government as immediate custodian, transfer as due process violation, and conclusion requesting pretrial release.

grievance_form · Sep 15, 2022

Government represents no prosecution team possessed/reviewed thumb drive. Dismisses arguments about FBI/Whitmer/Mar-a-Lago. Argument II.C: jail conditions complaints irrelevant since Nichols is no longer at DC Jail.

grievance_form · Sep 11, 2022

DC DOC Complaint by Ryan Nichols dated 9/11/22 regarding being held in punitive solitary confinement 50+ hours (close to 72) without disciplinary hearing, denied secure call with attorney despite asking. Cites pretrial detainee constitutional right not to be punished until found guilty. Names Deputy Warden Tortura. Cruel and unusual punishment claim.

motion · Sep 8, 2022

Page 4 of 5 of Motion to Dismiss (Doc 155). Finishes statements 28-31 from Bidens speech, argues President backlit by red and flanked by Marines, incited nation to hate J6 defendants, cites United States v. Thomas, 22 M.J. 388, 393 (C.M.A. 1986), and moves to dismiss the indictment in its entirety.

grievance_form · Sep 4, 2022

DC DOC IGP Complaint by Ryan Nichols 376795 C2B dated 9/4/22 12:05am. Last night watched in utter horror as Kosh Kelly begged for toilet paper, was denied toilet paper until a CO showed up. Multiple inmates asked to speak to white shirt supervisor, told no. Cites Sellars v. Beto 409 U.S. 968, Mitchell v. Aluminum, Hoptowit v. Spellman 753 F.2d 779.

motion · Aug 30, 2022

Contrasts Ali (pirate hostage taker) with Nichols (decorated veteran with search/rescue work). Argument I.C: sheer length of pretrial confinement violates due process.

motion · Aug 30, 2022

Discusses six-factor due process analysis from Accetturo and First Circuit Zannino standard that 16 months would be unconstitutionally excessive pretrial detention.

motion · Aug 30, 2022

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

Argues complexity factors: 1512(c)(2) charge dismissed in Miller, J6 Committee TV show, Biden speech same day, Michigan Whitmer FBI plot revelations.

motion · Aug 30, 2022

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.

motion · Aug 30, 2022

Cites case law including 14-month and 21-month detentions found excessive. Describes Defendant as Marine veteran with medals, founder of 501(c)(3) Rescue the Universe.

grievance_form · Aug 29, 2022

DC DOC IGP Complaint by Ryan Nichols 376795 C2B dated 8/29/22. Discovery taken by force without consent by Ms Washington from Legal, Cpl Feliciano, and another ERT member called Stretch at 12:50pm. Everyone else in C2B was allowed to keep discovery except him - discriminatory, retaliatory, violation of 6th Amendment. Filed habeas corpus, directly targeted. Cpl Felicianos body cam was on. Witnessed.

motion · Aug 12, 2022

Doc 138 p.8 of 21. Section 2: The Statute is Unconstitutional in Arbitrary Application. Argues 1512(c)(1) and (c)(2) viewed as disjointed via the word "otherwise" (conjunctive adverb), no relation to witness/evidence required. Notes there was not a single witness on January 6; Electoral Count Act never mentions "witness" or "evidence." References Colbert TV crew exception.

motion · Aug 12, 2022

Doc 138 p.13 of 21. Explains adverb vs conjunctive adverb distinction. Cites Frederick Crews The Random House Handbook 403 (6th ed. 1992), US National Bank v. Independent Insurance Agents of America (508 U.S. 439). Notes 1512(c) was enacted as part of Sarbanes-Oxley to penalize impairing integrity of records, documents, and tangible objects.

motion · Aug 12, 2022

Doc 138 p.3 of 21. Argues political weaponization (Trump flag in Senate charged but no-flag plea dismissed). Section II: Statutory Background and History — quotes full text of 1512(c) (alters/destroys/mutilates a record/document; or otherwise obstructs official proceeding), §1515(a)(1) defining "official proceeding" (judge, Congress, federal agency), and amended definition of "corruptly" via §1505.

motion · Aug 12, 2022

Doc 138 p.10 of 21. Argues 1512(c)(2) novel application for January 6 defendants - treats catch-all clause as if Congress buried it, turning statute on head: anything that interrupts an official proceeding can be 20-year felony. Argues government must articulate credible statutory standard or charge equally. The indictment essentially recharges trespass and civil disorder as document-tampering crime.

motion · Aug 12, 2022

Doc 138 p.16 of 21. Discusses Begay v. US interpretation of "otherwise" clause in 18 U.S.C. 924(e)(2)(B) (DUI not covered by violent felony otherwise clause due to crimes listed being burglary, arson, extortion, explosives). Section 6: Government construction creates surplusage. Cites Independent Ins. Agents v. Hawke (211 F.3d 638), Qi-Zhuo v. Meissner, Marx v. General Revenue Corp.

motion · Aug 12, 2022

Doc 138 p.17 of 21. Lists 1512 subsections rendered superfluous by government interpretation (1512(a)(1)(A)-(b)(2)(D), 1512(d)(1)). Section 7: Review of all of 1512 shows government interpretation is wrong - 1512(a) covers murder, (b) intimidation, (d) harassment, each tied to suppressing testimony/evidence. Argues Nichols could not have known what conduct violates the law.

motion · Aug 12, 2022

Doc 138 p.18 of 21. Argues 1512(c)(2) requires an act against documents; Nichols charged with civil disorder and restricted trespass as lesser crimes. Argues Nichols cannot have known what acts violate law. Section B: The Electoral Count is not a proceeding as contemplated when 1512(c) was passed. Cites Twelfth Amendment, 3 U.S.C. § 1 et seq., 3 U.S.C. § 15 - certificates presented by tellers, then read in hearing of two Houses.

motion · Aug 12, 2022

Doc 138 p.14 of 21. Cites US v. Hutcherson (2006), US v. Pugh (E.D.N.Y. 2015). Section 5: Government interpretation violates canons of noscitur a sociis and ejusdem generis. Cites Yates v. United States (135 S.Ct. 1074) (fishermen overboard grouper case) and Begay v. United States (553 U.S. 137).

motion · Aug 12, 2022

Doc 138 p.9 of 21. Lists examples of DOJ not using 1512: Jan 6, 2017 protester yelling during Electoral Vote Count; Code Pink at Kavanaugh hearings; activists accosting Senators in hallways; Kyrsten Sinema bathroom incident; David Hogg outburst June 20, 2022; and DC Jail IGP Coordinator T. Campbell allegedly altering Nichols grievance documents April 11, 2022. Footnote cites Habeas Petition Nichols v. Garland 1:22-cv-02356 ECF 1 at 33:140 and 34:140.

motion · Aug 12, 2022

Doc 138 p.2 of 21. Argues 1512(c)(2) taken out of Witness Tampering context, originally designed to prevent altering/tampering/destroying evidence. Argues novel construction violates due process under US v. Lanier, 520 U.S. 259. Notes Nichols was already charged for civil disorder (231(a)(3)), restricted building (1752(a)(1)), disorderly conduct (1752(a)(2)) — lesser inherent crimes. Notes Nichols was nowhere near Congress during electoral count disruption.

motion · Aug 12, 2022

Doc 138 p.12 of 21. Section 4: Misuse of Grammar Allows Misapplication of the Law. Argues "otherwise" is a conjunctive adverb that connects 1512(c)(1) and (c)(2). Discusses six types of adverbs (time, manner, place, degree, frequency, conjunction). Cites thesaurus.com and American Heritage Dictionary (5th Ed. 2020).

motion · Aug 12, 2022

Doc 138 p.19 of 21. Argues Electoral Count roles are purely ceremonial/ministerial. Defines "ministerial" via Wests Encyclopedia and Free Dictionary. Argues proceeding under 1512(c)(2) requires (1) witness and (2) evidence through testimony/documents - neither in Electoral Count. Notes only Arizona objection before evacuation, no witnesses scheduled, no Secretaries of State present.

motion · Aug 12, 2022

Doc 138 p.15 of 21. Continues Yates analysis: Sarbanes-Oxley prompted by Enron/Arthur Andersen document destruction. Discusses Yates plurality use of interpretive canons (noscitur a sociis, ejusdem generis). Cites Miller (2022 U.S. Dist. LEXIS 45696) on "hide an elephant in a mousehole" / "zebra standing out in a flock of geese." Cites Gustafson v. Alloyd Co., Washington State Dept. of Social Services v. Keffeler.

motion · Aug 12, 2022

Doc 138 p.11 of 21. Section 3: Argues DOJ/Court mistaken grammatical interpretation. Word "otherwise" was intended to marry 1512(c)(1) and (c)(2) together. Notes Congress used "or" nine times in 18 USC 1512 to demarcate 20 separate methods; "otherwise" alone is inserted between (c)(1) and (c)(2) for unique constructive purpose. Therefore Nichols cannot defend separately against 1512(c)(2).

motion · Aug 12, 2022

Doc 138 p.7 of 21. Cites Stat. 807 (2002), DOJ Criminal Resource Manual CRM 1729 ("proscribes conduct intended to illegitimately affect the presentation of evidence in Federal proceedings"). Argues Nichols was not inside the Capitol when the proceeding was interrupted, never tampered with evidence or electoral certificates (which were on fancy paper for ceremony, not marked as evidence, likely in National Archives).

motion · Aug 12, 2022

Doc 138 p.4 of 21. Section B notes 1512 is titled "Witness Tampering" under Chapter 73. Section C explains 1512(c) was created to fill Enron-era loophole. Cites Senate Report 107-146 p.7 (2002), Senator Lott introducing 1512(c) on July 10, 2002 to deter fraud/abuse by corporate executives, Senator Biden calling it making document shredding a crime, Senator Hatch on document shredding.

grievance_form · Jul 5, 2022

DC DOC IGP Appeal - Deputy Director (Step 4) by Ryan Nichols 376795 C2B dated 7/5/22. Appeals all outstanding IGPs that have not been answered (Step 1 written prior to 5/10/22, Step 2 on 6/8/22 not responded to). Common issue with IGPs since arriving at DC DOC on 3/9/21. Jail hides, declines and avoids IGPs to avoid being responsible. Cites Prison Litigation Reform Act.

grievance_form · Jul 5, 2022

DC DOC Wardens Administrative Remedy Form (Step 3) by Ryan Nichols 376795 C2B dated 7/5/22. In response to evidence.com being taken off tablet to review for trial during the month of May. Step 1 written 5/28/22, Step 2 6/9/22 not responded. Escalating to Warden for proper response to ensure this 6th Amendment violation of due process rights does not happen again - will cost him anyone precious and valuable time to meaningfully prepare for trial.

grievance_form · Jul 5, 2022

DC DOC IGP Appeal - Deputy Director (Step 4) by Ryan Nichols 376795 C2B dated 7/5/22. Step 1 4/20/22, Step 2 5/13/22, Step 3 6/10/22 about being placed in punitive solitary confinement over allegation by inmate, no investigation done before being segregated. Pre-Trial detainees with diagnosed PTSD should not be placed in punitive solitary confinement without internal hearing, or without any kind, in fact. Demands answers to these due process violations.

grievance_form · Mar 17, 2022

DC DOC Wardens Administrative Remedy Form (Step 3, PP 4030.1 Attachment F) by Ryan Nichols dated 3/17/22 appealing Formal IGP # 22091385-795 [likely 2202(or 220x)1385-795]. Original informal grievance concerned solitary confinement and constitutional/due process violations from solitary confinement of a pretrial detainee. Cites multiple electronic grievances since December that were never answered, and cases: Porter v. PA Dept of Corr (W.D. Pa 2018), Campbell v. McGruder 580 F.2d 521 (DC Cir 1978), Williams v. Secy PA Dept of Corr 848 F.3d 549 (3d Cir 2017), Lock v. Jenkins 641 F.2d 488 (7th Cir 1981), Bell v. Wolfish 441 U.S. 520 99 S.Ct. 1861 60 L.Ed.2d. Witness: blank.

other · Feb 22, 2022

Page 5: 6 shakedowns in 5 days, sit-in for constitutional rights & retaliatory lockdown, prolonged tablet/phone outage, LT D. Dowery Sr disclosing CTF has video visits while denied to J6 unit, Officer Dandy suspended 7 days, Jail Covid lawsuit paper grievance posted to inmates.

grievance_form · Feb 10, 2022

DCDOC Formal Grievance #22091885-795 escalating IGP #20220126-551. Nichols argues 22-hr-a-day lockdown meets Merriam-Webster definition of solitary confinement and violates constitutional rights. DOC response (Major Marr 3/9/22): all CDF housing units on 5 hours out-of-cell as of Feb 28, 2022; IGP was during modified medical stay-in-place (22:2).

grievance_form · Jan 29, 2022

DC DOC Inmate Informal Resolution Complaint Form filed by Ryan Nichols (DCDC# 376795, Unit C2B) on 1/29/22 alleging 6th Amendment violation: phones down 7 days since 1/22/22, unable to communicate with attorney or family during ongoing court case and active motions.

grievance_form · Jan 7, 2022

DC DOC IGP Form by Ryan Nichols (DCDC# 376795, C2B) 1/7/22 on Personal Hygiene/Health Care/Communications/Religious Services. IGP# 22020126-551, stamped received Jan 26 2022. About state of his mental health being affected by DC DOC policies as pre-trial detainee. No haircut/shave since arrival March 4, 2021 even though all requirements met. Denied family visits, attorney visits, religious services, banished to solitary confinement despite being fully vaccinated. DOC response 2/8/2022 by M. May references fully vaccinated, modified medical stay-in-place policy, all services approved. Refers to history of housing pre-trial detainees per current modified unit movement, 2 hours out of cell per DOC COVID protocols.

other · Dec 24, 2021

Short log of two tablet (electronic) grievances Ryan submitted re: lockdown — 12/23 cites 5th, 6th, 8th, 14th Amendment due-process violations; 12/24 adds Supreme Court solitary confinement / torture case law.

exhibit · Jan 6, 2021

Page 2 of Trump statement transcriptions. Contains the criminal enterprise, fight like hell, and Lets walk down Pennsylvania Ave quotes.

other

Ryan's outline for Writ of Habeas Corpus on unconstitutional conditions of confinement and due-process violations. Lists Eighth Amendment cruel/unusual punishment incidents: Pussy Ass Cracker incident Sep 18; J. Johnson white privilege incident Nov 17; mace sprayed/everyone choking Nov 29; Staff Appreciation Day lockdown; Dec 18 & 19 24-hour lockdown. Cases: 1) Chandler v District of Columbia Dept of Corrections; 2) Irish Republican Army Hunger strike Bobby Sands.

letter

Final page of multi-detainee letter, signed by Ryan Nichols Sr (#376745) along with 16+ J6 detainees, requesting transfer to Guantanamo Bay as it allegedly provides better treatment than DC Jail. Includes signatures of Pete Schwartz #377185, Robert A. Morss #377890, Brandon Fellows #377943, Jeffrey McKellop #376887, Andrew Taake #378837, Scott Fairlamb #376877, Daniel Caldwell, Joseph Padilla #376981, Guy Reffitt #376782, Troy Smocks #376973, Chris Quaglin #378835, Sean McHugh #378159, Shane J. Jenkins #377186, Dominic Pezzola #376366, Edward Lang #376444, Peter F. Stager #376784, Jeff Brown #376979.

exhibit

Handwritten legal research notes citing Entrapment by Estoppel; Speed v United States 562 A 2d 124 (DC 1989) DC Code 22-505 on right of citizen to defend against officers excessive force; Dr David Walls-Kaufman DC chiropractor (not charged, on video assaulting in hallway); Taylor F. Taranto; Robert Reeder picketing, registered Dem, on video assaulting police; Bell v Wolfish on pretrial release vs punishment 441 US 520; Hendrickson v Kingsley 2015 (7th Cir 2015); Nelson Mandela rules - international rules for solitary confinement.

other

Ryan's personal legal-research notes page 1 for Habeas Corpus filing under heading Deliberate Indifference: quotes Hudson v. Palmer, 468 U.S. 517 (1984) at 526 re prison administrators' duty to ensure safety; Farmer v. Brennan, 511 U.S. 825 (1994) Section II.A on Eighth Amendment liability requiring sufficiently serious deprivation and culpable state of mind.

letter

Handwritten personal statement explaining his lifelong practice of carrying firearms as a Texan, citing 2nd Amendment, search and rescue, Hurricane Harvey, and family protection. Page 1.

other

Habeas notes page 2 continuing Farmer v. Brennan analysis: Ryan's own thoughts in margin (what are minimal civilized measures? what does case law say re solitary & mental health?), Wilson v. Seiter on culpable state of mind, Estelle v. Gamble 429 U.S. 97 on deliberate indifference standard requiring more than mere negligence.

other

Habeas notes page 3 continuing Farmer: Eighth Amendment claimant must show more than indifference, Whitley standard purposeful/knowing conduct not necessary for conditions cases; deliberate indifference = recklessness; prison official liable only if aware of facts from which inference of substantial risk could be drawn and actually draws inference. Ryan's margin note: he has many grievances about conditions, solitary, mental health; facility is aware.

motion

Handwritten supporting argument for Motion to Dismiss: discusses sitting President influencing jury pool, influence of racial prejudice citing case reversal if found, the hypothetical "if Biden said blacks are the enemy of the state", asks how MAGA Republicans are fair game for sub-constitutional treatment. References Tyler FBI supervisor and Jeffery Fifer.

motion · Aug 12, 2022

Page 5 of 6 (Doc 135). Cites United States v. North 910 F.2d 843 and Judge Walds dissent re: Judge Gesell excusing all jurors who recalled Norths immunized testimony. Argues social media and viral clips of 2022 dwarfs Norths 1987 reach. Requests Eastern District of Texas as venue under Sixth Amendment.

letter2 pages

Page 4 of Khater letter - critical evidence. Names officer Hayes "purposefully walking around intimidating us, saying hes gonna write DRs (Disciplinary Reports) on us, you know what youre looking at? A proud blackman." Khater alleges Hayes "beat Ryan Samsel up and ziptied his hands behind his back. Ryan almost lost his sight in one eye and had blood clots. They had to take him out of here and to a medical facility in VA." Breakfast at 2:30AM, lights at night. Shackled wherever moved despite being pretrial detainees. "Locked us down for over 6 DAYS STRAIGHT for Trumps Birthday - only let us shower once (hardly 10 minutes). It also happened to be my brothers birthday, and they wouldnt even let me make a couple private phone calls." Service turned off all tablets. Discovery taken from Jorden, threatened him.

letter

Page 6 of handwritten essay closing with a stark request to be transferred to Guantanamo Bay, citing that the J6 detainees would receive better treatment there than at DC jail.

motion

Page 1 of 8 of Defendants Reply to Governments Opposition to Defendants Motion to Dismiss (responds to ECF No. 165). Argues this case is distinguishable from all high-profile prosecutions because the US President demonized a specific class of people - MAGA Republicans - to which the Defendant belongs.

grievance_form · Mar 29, 2022

DCDOC Formal Grievance Form (Response ID 174908, IGP #20220330-520) by Shane Jenkins (DCDC #377186, C2B) escalating earlier lockdown grievance IGP #20220105-069. Argues 22-hr cell confinement is cruel and unusual punishment for pretrial detainees.

grievance_form · Feb 19, 2022

Warden's Administrative Remedy Form (Response ID 164343, Grievance #22092746-038) by Shane Jenkins (DCDC #377186, Unit C2b) appealing denial of haircut access due to vaccine status. Received Feb 22 2022. Step Formal Request.

grievance_form · Feb 3, 2022

DC DOC Step 1 Informal Resolution form filed by Shane Jenkins #377186, Unit C2b, complaining that on 1-30-22 he received a Notice of Disposition stating his legal discovery flash drive had been returned to sender without being given to him or his lawyer. Names mailroom Officer Hampton.

affidavit

Timothy Hale veteran statement listing experiences in DC DOC: religious discrimination, ideological repression, no nutrition or gym access, extended solitary, no veterans/mental health services, mail/phone/electronic abuses, denial of legal counsel, mold/insects, targeted political/racial harassment by staff, jailhouse-snitch sabotage, restricted law library, and 1.5 years isolation. Specifically references Ryan Nichols' decline. Signed Timothy Hale #376441.

affidavit

Jessica Watkins (DC DOC #376520) describes Ryan Nichols arriving in unit C2B as a proud Marine and father who provided encouragement, then deteriorating after six months into a moody, irritable, reclusive state due to harassment, conditions, and lack of hygiene/nutrition.

letter

Letter from J6 detainee Nathaniel DeGrave #376789 titled "Amendment Violations." At Pahrump County Jail in Nevada: subjected to 20 minutes rec time 3 times per week, denied legal calls prior to bond, kept in solitary confinement, retainer thrown out. Taken to solitary confinement for 30 days at DC DOC without cause. Shown photos of Stab Victims. Allowed 1 hr rec at DOC first 60 days. No law library, no video visits, no religious services or classes. 26 hr lockdowns as of today (sic). No haircut for 6 months. 60+ day mail delays. Birthday card returned. No hardcover books, publisher only. No in-person attorney visits or from friends/family. Clothing thrown out. Communication w/ friends/family difficult & expensive. 8 month detainment based off speculation. Poor nutrition, Bologna 5 days/wk. Due Process Violation. "Assault charge but no assault? Pull away door lie. Turned away Congressmen. Govt lies - no body armor."

letter

Letter from J6 detainee Nathaniel DeGrave #376789 titled "Amendment Violations." At Pahrump County Jail in Nevada: subjected to 20 minutes rec time 3 times per week, denied legal calls prior to bond, kept in solitary confinement, retainer thrown out. Taken to solitary confinement for 30 days at DC DOC without cause. Shown photos of Stab Victims. Allowed 1 hr rec at DOC first 60 days. No law library, no video visits, no religious services or classes. 26 hr lockdowns as of today (sic). No haircut for 6 months. 60+ day mail delays. Birthday card returned. No hardcover books, publisher only. No in-person attorney visits or from friends/family. Clothing thrown out. Communication w/ friends/family difficult & expensive. 8 month detainment based off speculation. Poor nutrition, Bologna 5 days/wk. Due Process Violation. "Assault charge but no assault? Pull away door lie. Turned away Congressmen. Govt lies - no body armor."

letter2 pages

Page 1 of letter/affidavit from fellow J6 detainee James McGrew (inmate #377892) listing violations of 1st, 4th, 5th(?), 6th, 8th, 14th Amendment rights. Describes being denied a renal diet despite ICU/dialysis history while held at Florence AZ US Marshall facility and Grady County Correctional in Oklahoma.

exhibit · May 17, 2022

Ryan Nichols handwritten page 3 documenting a meeting with Jorden Mink on 5/17/22 listing solitary confinement, family/video visits, IAP issues, officer mistreatment, haircuts, medication vs mental health therapy, vaccine requirements, hopelessness, possible C2B informants, sit-in over constitutional violations, and lack of outside therapy. Notes the 5/9/22 suicide-watch caution cell stay was not addressed.

affidavit · Apr 6, 2022

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.

letter

Amendment violations of elderly J6 detainee Lonnie Coffman (age 71, #376190). Suboxone (opioid) doses out of 12-hour window required 2x/day; given 2 hrs early and 3 hrs late on numerous occasions. Never given Miranda Rights. 2 mattresses requested took 3-4 months. Osteoarthritis prevents reaching back, hygiene needs impossible. Requested MRI for shoulder 4 months, denied 4 times. Shoulder pains worse with time, rotator cuff issues completely ignored by jail medical especially after fell from table onto concrete onto left shoulder - medical decided to inject Lonnie's right shoulder with an unknown liquid. Window leak put in 4 times still gushing water onto blankets while sleeping. Jagged rusty metal throughout cell. Requested VA Rep never seen.

motion · Oct 28, 2022

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

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.

motion · Oct 28, 2022

Page 8 of 11 of Doc 177. POINT TWO: Government admits current conditions prevent trial preparation - Sixth Amendment violation. Sgt Foster admitted. Extensive footnote: jail deprives rec time, locked in cell, inadequate law library (no internet, no cases past 2017), Foster says Nichols target for filing grievances.

motion · Oct 28, 2022

Page 2 of 11 of Doc 177. Details Sept 5 2022 incident (jail official manufactured pretext to remove Nichols from cell, transferred to another facility), missing second drive, Sept 15 Govt opposition. Cites Ali case.

motion · Oct 28, 2022

Page 9 of 11 of Doc 177. US Marshal Lamont Ruffin email (Exhibit C) - US Marshals are primary custodian. Refused Sukkot religious holiday request for 15 min outside. Begins POINT THREE - recent discovery drop and J6 congressional hearings show govt at fault for long detention.

motion · Oct 28, 2022

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 · Aug 30, 2022

Cover page of Defendant Ryan Taylor Nichols emergency motion for immediate pre-trial release and request for emergency hearing, filed 08/30/22 in case 21-cr-117-1(TFH).

motion · Aug 12, 2022

Defendant Ryan Nichols Motion to Join and Adopt Co-Defendants ECF No. 94 Motion (Doc 132), filed 8/12/22 in Case 21-CR-117 (TFH). Page 1 of 3. Adopts Alex Harkriders Motion to Dismiss Counts 5 and 7 (18 USC 1752(a)(1) and (2)) of the indictment.

motion · Aug 12, 2022

Doc 138 p.20 of 21. Notes VP Pence Jan 6, 2021 letter calling his role ceremonial. Argues Electoral Count Act revisions add word "ministerial" to solidify no decision-making. Section V Conclusion + WHEREFORE: Nichols moves to dismiss Count Two of Indictment for failure to state offense under 18 U.S.C. 1512(c)(2) and 18 U.S.C. Section 2; and for unconstitutional application of both statutes. Dated August 12, 2022. Signed Joseph D. McBride, Esq.

motion · Aug 12, 2022

Doc 138 p.1 of 21. Nichols motion to dismiss Count Two of indictment (1512(c) obstruction of an official proceeding) for failure to state an offense. Argues Section 1512(c) under Chapter 73 (Obstruction of Justice) does not criminalize obstruction of legislative action. Cites US v. Ermoian, 752 F.3d 1165 (9th Cir. 2013).

motion · Aug 12, 2022

Defendants Motion in Limine to Preclude Use of Certain Language, Terms and False Associations (Doc 136), filed 8/12/22 in Case 21-CR-117. Page 1 of 5. Seeks to exclude terms like terrorism, insurrection, mob, treason, traitor, sedition, conspiracy, attack on the Capitol, white supremacy, Proud Boys, Oath Keepers.

motion · Aug 11, 2022

Page 2 of Doc 129 Motion to Continue trial filed by Joseph D. McBride for Nichols. Cites US v. Bailey 2021 WL 5798045. Notes co-counsel Kira West has no objection, government objects. Signed New York, NY August 11, 2022.

grievance_form · May 2, 2022

Page 2 of electronic IGP # 2022050-120 dated 5/2/22 - Ryan Nichols reiterates no disciplinary issues since arrest 1/18/21 or arrival 3/9/21, asks for MAX damages in civil court for Solitary Confinement at DC DOC, demands release from DC DOC due to unconstitutional conditions of confinement. Provides attorney Joseph McBride contact 917-757-9537 for settlement.

grievance_form · Mar 9, 2022

DC DOC Informal Resolution Complaint Form by Ryan Nichols 3/9/22. Requests his investigative attorney be added to his APDS Tablet because discovery has been shared on the APDS tablet and he needs to share that information with his legal team. On 3/7/22 he requested for his Investigative Attorney to be added but was denied. For his attorney Joseph McBride this is a violation of his 6th Amendment right to counsel. Asks resolution so he can properly prepare for trial.

exhibit

Handwritten notes by Ryan Nichols for attorney Joseph McBride on pre-trial release arguments. Cites US v. Sinmyah Amera Ceasar (Nos 19-2881(L), 19-2892), an alleged ISIS terrorist released pretrial with ankle monitor, and US v. Melendez ruling pretrial detention based solely on alleged dangerousness unconstitutional past 8 months. Notes Ryan was helping people in the hallway, built a gun box for legal compliance, did not bring weapons into DC, owns RTU search-and-rescue non-profit.

motion · Aug 10, 202214 pages

First page of the Table of Contents listing sections I–VI.F of the Nichols habeas petition: Introduction, Jurisdiction, Venue, Parties, Statement of Facts (incl. PTSD, DC Jail conditions, Dec 20 2021 bail hearing, model prisoner), constitutional rights deprivations (1st/5th/6th/8th Amendments), deliberate indifference to medical condition, broken grievance process, and Legal Standard sections.

grievance_form · Oct 26, 2022

Rappahannock Regional Jail Inmate Grievance Form OPER-0019, Control No. 032590, filed by Ryan Nichols (ID #20221663, SSN xxx-xx-4381) housing C-4/18 on 10/26/22 at 17:20 to Officer Vick. Grievance: Judge Thomas Hogan in Federal Court ordered that Ryan could view evidence.com/relativity.com and have access to his discovery in jail to prepare for trial. Cites violation of 6th Amendment right. References Inmate Request Form #1209691 returned 10/25/22 3:25 PM. Returned by Ombudsman 10/27/22 (the form returned in j6s8-044).

motion · Aug 12, 2022

Page 1 of 6 of Motion to Join, Adopt, and Supplement Co-Defendant Alex Harkriders Motion to Transfer Venue in US v Nichols, Case 1:21-CR-117 (TFH), filed Aug 12 2022. References June 9 2022 January 6 Committee video presentation seen by 20 million people and tweet with 5.5M views, argues poisoning of DC jury pool.

transcript · Dec 1, 2021

Transcript page from the December 2021 bond hearing in U.S. v. Nichols. U.S. District Judge Thomas F. Hogan, on the record, agreed that 22-23 hours of cell confinement is "terrible" and stated: "I accept your argument that his due process rights were violated and that should be another basis for his release." Defense counsel Joseph McBride then raises Sixth Amendment violations and jail retaliation.

letter

Letter from J6 detainees protesting retaliation after Judge Lamberth held the DC Jail warden and DC DOC deputy director in contempt of court. Within 24 hours, detainees report being cut off from counsel and family communications. They demand restoration of WiFi/attorney access and pledge prayer-protest until rights restored.

motion · Sep 8, 2022

Page 1 of 5 of Motion to Dismiss All Charges in US v Nichols Case 1:21-CR-117 (TFH), filed Sept 8 2022. Argues Bidens Sept 1 2022 prime-time anti-MAGA speech poisoned the jury pool. Heavily annotated by Ryan with terms gerrymandering, lobbying, voting rights, impossible political influence, no process more sacred than the right of the Accused to a fair trial.

photo · Nov 4, 2022

Page 5 of 1050 of the House Judiciary GOP staff report — full-page notice ATTENTION: All Justice Department and FBI Employees You have a right to speak with Congress, with the Republican staff contact number for whistleblower tips.