Denied Access to Discovery

grievance_form · Mar 29, 2024

DC DOC PP 4030.1 Attachment D Inmate Formal Grievance (pink copy) by Ryan Nichols 3/29/24, alleging Sgt Iyamah & Officer Wright coerced him to sign IGP with only Resolved box checked, backdated to 3/20/24; Major N. Reid said Capt L. Johnson should not be handling medical IGPs.

exhibit · Mar 29, 2024

Detailed medical log naming Sgt Iyamah, Cpl McKelton, Major N. Reid, Officer Wright, and L. Johnson regarding testosterone shot timing, denied medical care, IGP retaliation, and selectively muted bodycams.

grievance_form · Oct 19, 2022

Page 1 of 3 of Document 172 - Government Second Supplement to Opposition to Motion for Release. In advance of Oct 24 2022 motion hearing. References inventory log from Rappahannock Regional Jail.

grievance_form · Oct 17, 2022

Rappahannock Regional Jail Inmate Request Form #1209691 PROG-0024 — Ryan Nichols (ID #20221663, SSN xxx-xx-4381) Housing Unit C-4/18 dated 10/17/22 requesting access to a computer (secured) to view evidence.com/relativity.com and hard-drive discovery before trial, asking DC DOC help. Received by Officer Lucas 10/18/22 at 1000. Action taken by C/O Pruitt: "We do not allow access to outside.com for any inmate. It is unlikely the hard drive request could be sent to US Marshals. Discovery this is appropriate I will see if we can accommodate this request." Response received by counselor 10/25/22 at 1300.

grievance_form · Oct 6, 2022

Page 2 of 5 of Doc 169. Details Ms. Washington (DOC) administering Voluminous and Electronic Evidence Review program at CDF and CTF. Nichols hard drive transported to Central Virginia Regional Jail.

grievance_form · Oct 6, 2022

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

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

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

motion · Sep 30, 2022

Continues B (character: Marines, Ellen talk show, saved lives). C: Sept 5 incident - Nichols allegedly abused by lieutenant, never charged. D: confiscation of thumb drives.

motion · Sep 30, 2022

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

Argues Ali findings on harsh DC Jail practices were not reversed. Subsection 5: government policies make trial prep impossible due to opaque 2-week laptop rotation.

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).

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 15, 2022

Government characterizes Aug 29 incident as routine 2-week laptop rotation. Sept 5 incident: another inmate allegedly assaulted jail official; pepper spray deployed; Nichols allegedly visible.

grievance_form · Sep 15, 2022

Government Argument II: no compelling reason. Notes drive only taken for 90 minutes; argues Ali was reversed on appeal; characterizes the Sept 5 incident as not compelling.

other · Sep 11, 2022

Handwritten grievance tracking spreadsheet logging dates of complaints (8/8/22 through 9/11/22) and escalation deadlines at 15, 15, 20, 30 business days for issues like Protest Phones Tablets, Outdoor Rec, Cpl Carter Doors, LT Lancaster, denial of shower after being sprayed, locked in cell, etc.

grievance_form · Sep 9, 2022

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

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 · 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.

grievance_form · Jul 24, 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

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 · 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 · May 31, 2022

DC DOC Inmate Formal Grievance Form (PP 4030.1, Step 2) filed by Ryan Nichols regarding tablets being offline the entire month of May 2022, preventing access to discovery (Evidence.com) and trial prep. References Informal IGP #20220601-0693.

grievance_form · May 28, 2022

DC DOC Inmate Informal Resolution Complaint Form (Step 1, IGP # 20220601-693) filed by Ryan Nichols 5/28/22 alleging his discovery was not available to view on clear tablet from 5/11-5/25, with trial pushed back so he could prepare. DOC response dated 6/2/22 by Coordinator Smith confirms inmates would be placed on discovery list to prepare for trial in November 2022.

motion · Apr 17, 2022

Ryan Nichols handwritten outline at DC Jail CTF (C2B) preparing change-of-venue arguments: PTSD habeas motion, conditions-of-confinement claims, and discovery issues. Lists supporting evidence types and complaints about lockdown.

letter · Jul 30, 2021

July 30 2021 follow-up letter from Files Harrison P.C. (FR Files Jr) to Ingrid Washington at the DC Correctional Treatment Facility, enclosing an additional flash drive of discovery material for inmate Ryan Taylor Nichols, Case 1:21CR-00117. Companion to j6s7-022 — second drive sent three days later, relevant to the two-drives factual dispute in Doc 169.

letter · Jul 27, 2021

July 27 2021 letter from Files Harrison P.C. (Tyler, TX) attorneys Brett Harrison and F.R. Files Jr to Ingrid Washington, Correctional Treatment Facility, 1901 D Street SE Washington DC 20002. Encloses flash drive of US Attorney discovery for inmate Ryan Taylor Nichols (co-defendant Alex Kirk Harkrider), Case 1:21CR-00117, ahead of Aug 4 status hearing. This is the original transmittal of the discovery drive at issue in Doc 169.

letter

Page 4 of Ryan timeline (June - present): Plea to get in front of a microphone. "I am a political prisoner." Government is hiding him w/o support; ex-wife took home, truck, clothes, everything. Cries on phone with daughter. Says "Jordan had his discovery taken by force" and computer/information confiscated, handcuffed against his will. Commissary extortion: guards crowd around tables when commissary arrives saying "You be got a lot of honeybun, Hey what you be do with them. Oh, Im going to eat them, oh they are extorting food & money from inmates for phones, knives, weed." Names Hays, Pinky, Dillion, Holmes, Armstrong. Breakfast = 3 spoons of chili, 10 spoons of grits, sweet cake. Medical/dental/cleaning supplies unaddressed for months.

letter

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.

motion

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.

discovery

Handwritten discovery list naming specific Capitol Police bodycam tags (X6039BJJV, X6039B9NO, X6039BF8H) and named officers/officials: Roseanne, Fanone, Robert Reeder, Hogan. Demands FBI Form 321/FD-1023 CHS (Confidential Human Source) reporting documentation KL000239.

motion

Page 4 of defense argument outline. Continues Dupree analysis (Hedberg software unavailable at MDC; attorneys fees). Cites government counter-arguments and additional case law: US v. Acevedo-Baldera (D. Conn. 2020), US v. Stephens, 447 F. Supp. 3d 63, 67 (S.D.N.Y. 2020) where 3142(i) was granted due to pandemic, and US v. Jeffries (E.D. Tenn. 2011) on means short of release.

letter

Page 4 of Ryan Nichols letter — list continues: lead paint in cells, no discovery access, no legal printers, denial of legal motions, vaccine requirements for visits/haircuts/religious services, CRT and re-education propaganda on tablets, 25.5+ hour solitary confinement, Congressional visits denied, racial and religious profiling, political mockery by staff wearing Democrat/BLM/Kamala/Biden attire, sent to The Hole for political views.

letter

Ryan update Sept 8: water diaphragm broke in cell 32, water floods like Red Sea fills entire cell block. Names ERT and guards on duty: Franklin, Cobb, white shirt Hays, Pinky. Identifies "Dr Walls & Dr Coffman, chiropractors both here in DC, both Democrats, both on video beating police, both released for picketing." Two inmates have discovery video showing beating to death of two women during riot — never shown on TV, no officers held accountable. Names officer who allegedly assaulted/assisted in suicide: "Taylor Etcaranto: Responsible for death of officer who committed suicide; Assault & assist in suicide on officer." Recounts again March 18 intake — "the only white man taken into roach infested, dimly lit, holding facility...inmates figured out I was a white Trump supporter...we be ass fucking you white boy."

letter

Ryan page: ERT Capt C/Lt C.D. Jordan from cell, handcuffed, searched cell, took all his discovery and left. "Gestapo tactics communist block manuver." Was sent about 200 pages of discovery — was led down hallway by Hays & another female. Refill of acid reflux meds: name told hidden, attitude issue, being spoken to like a dog. Listen to my breathing - WTF, does my breathing have to do w/ acid reflux. "Every time I am seen by medical I am met w/ disdain, racism, rude, minimal care, attitude issues." Names video Vintoqadyzah cut e 105-100 ft (?) - video of woman beat to death by police, cut & edited. Dental: told he didnt want to be operated on, they cancel him back next time. Female Lt came in yelling about masks, inmates wearing masks correctly but she was screaming. Notes inmates eating dandelion leaves & stems to supplement nutrition. Franklin/Mandae mask enforcement: "If we dont comply w/ mask Mandate we will go to the hole. We never leave Pod. Only came in contact w/ other guards who leave building."

motion

Page 7 of defense argument outline. Lists character letters, biography, and video clips supporting Nichols. Compares Nicholss treatment to more favorably treated dangerous criminals: Ali (Somali pirate released over thumb drive issue); cites US v. El-Hage, 213 F.3d 74, 77 (2d Cir. 2000) — co-defendant of Osama bin Laden; US v. El-Gabrowny, 35 F.3d 63, 64 (2d Cir. 1994) — 93 WTC bombing; and Millan (heroin enterprise leader).

exhibit

Critical observations from full hallway footage. Documents Waldo signaling officer on ledge holding hand up like a phone (suspected coordination); Redskin signaling halt to police; officer bodycam on red bottle; police spraying Roseanne, others, and themselves at 2:32:20 (after she was brought into hallway from compression scene).

other

Handwritten list documenting Sixth Amendment access-to-counsel and access-to-courts barriers at jail: 15-minute calls, expensive non-privileged calls, golfer pencil only, books inspected and approved, no laptop, no law library, scanned mail.

other

Handwritten enumeration of 10 retaliatory acts by jail staff: cell searches/shakedowns, contraband seizures (stolen mail), no restrooms during rec, ERT show-of-force, lights and knocking during sleep, higher-ups telling officers to be harsh, entering cells while at rec, targeting Jess Watkins specifically for being named in lawsuit (sleep deprivation), denying law library/laptops/discovery, officers intimidating inmates during calls.

discovery

Handwritten discovery notes logging video timestamps with corresponding officer helmet numbers and behaviors (spraying crowd, signaling to stop) for use identifying officers in J6 footage.

discovery

Brief bodycam discovery note flagging file 210106-Felonyriot-US-Capitol from Body Cam X6039BJ4E at 18:15 minutes for and 16:29 time of day - identifying a "straight shank shot lifo" instance.

exhibit · Oct 18, 2021

Handwritten essay by Ryan Nichols titled Discovery Delays describing failure to receive discovery for 2.5 months post-arrest, partial discovery thumb drive, internet requirements, and 10+ months in jail with 8 in solitary as of Oct 18 2021.

exhibit8 pages

Handwritten notes identifying tunnel bodycam serial number and timestamps where officer commands about pepper spray use are heard, naming Officer David Pitt.

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.

exhibit7 pages

Handwritten notes identifying another video footage Ryan needs for discovery, focusing on Officer Carlton Wilhoit striking McGrew with a baton and a conveniently failing body cam.

grievance_form

Handwritten numbered list of 9 grievances after being placed in the hole: hard drive disappeared, no evidence.com access, no meds 48+ hours, denied mental health visits despite ERT direction, sleep deprivation, denied outside counsel, punishment without finding of guilt, motion claims he did not pick up a chair when he admits he did, Officer King referred to him as insurrectionist, no pens/pencils.

letter

Page 4 of handwritten DC Jail conditions essay listing further grievances: 9 days without shower, medical care denied, lead paint, no discovery access, CRT propaganda, vaccine mandates, solitary confinement, political mockery.

letter · Oct 4, 2022

Email dated October 4, 2022 from Ted Hull (Superintendent, Northern Neck Regional Jail) to attorney Jonathan Gross (jonathansgross@gmail.com), cc Michelle Lewis, regarding J6 co-defendant Christopher Quaglin's missing discovery materials. Hull dismissively says he has no interest in resolving the "mystery" of disappeared discovery and offers to swap volumes if too large. Documents jail interference with attorney-client discovery in another J6 case.

grievance_form · Mar 8, 2022

DC DOC Step 2 Inmate Formal Grievance Form filed by Shane Jenkins #377186, Unit C2B, complaining about the mailroom returning his discovery to his lawyer rather than delivering it, alleging mailroom worker Officer Hamil/Hamilton or Hampton mishandled materials and grievances are being delayed and ignored.

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.

motion · Dec 28, 2021

Page 4 of pro se IAC motion, dated 12/28/21. Items 11-14: (11) at last court date Judge Bates would not let him explain why Maria Jacob was ineffective; counsel later lied in a breakout room about the topic being jail/discovery; (12) Jacob said his mother wouldn’t be a good witness because prosecution would call her biased; (13) Jacob has no defense theory, refuses critical discovery, won’t challenge the DA; (14) Jacob said she represents him not all J6ers, so the Darren Beattie / Revolver entrapment-and-lack-of-security defense is "out of the question."

exhibit · Oct 19, 2021

Page 3 of jail town hall notes. Documents discovery laptop shortage (Shirley Smith of Litigation explained 14-day limits, Julian Khater only had 10 days, DOJ failed to provide laptops). No haircuts since March, eating mustache hair, broken nail clippers; IRPs not being responded to by jail.

letter · Oct 14, 2021

Dated 10/14/21 letter from Sean McHugh to a Ms. Kabele thanking her for hand-written correspondence, with the lower half of the page containing an outline of topics for a planned public letter ("Letter to Americans to Randy Ireland") covering jail conditions, US Marshals cover-up, ineffective counsel, Sussman case parallel, lack of discovery, Sucherland-Biggs courts, Lafayette Square Federal Police, inauguration protest, Department of Interior, Kavanaugh hearing, White House attack SS, and condemnation of January 6 judges and DOJ.

letter · Jul 28, 2021

Letter dated July 28, 2021 from Federal Community Defender Office (E.D. Pa.) — signed by Katrina Young (Assistant Federal Defender) and Catherine Henry (Senior Litigator) — to fellow J6 detainee Jeffrey McKellop #376887 re Discovery and Protective Order, scheduling July 30, 2021 visit. Annotated in handwriting (likely Ryan) "WHAT FUCKING PAPERWORK?"

letter

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

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.

motion

Continuation of pro se IAC brief with margin annotation noting Maria Jacob waived his time on the 30th day of incarceration absent indictment. Alleges Jacob ran the DA’s PowerPoint at the detention hearing when prosecution’s wouldn’t open — "clearly indicating a conflict of interest and thus virtue signaling she’s playing ball on his team." Notes the DA is from Utah and that prior counsel Lexi Negin traveled to Utah for a week during transition of representation. References July 24 hearing where Maria said she had to waive time because she was not ready and government needed more time, and July 11 conversation about motions she promised to handle.

motion

Page 3 of pro se ineffective-assistance motion. Items 7-10: McHugh told Maria Jacob in July what motions to file (none filed to date); she refused to provide grand jury transcripts, then detention-hearing transcripts (citing cost); she dismissed his discovery requests on identity/warrants as "boring"; and she ignored his complaints about jail treatment.

other

Handwritten notes (likely McHugh’s) summarizing a status conference: case-specific discovery (jail calls outstanding, plus one other), global discovery on evidence.com (23,000 files, 17k Capitol footage, body cam remaining, GPS spreadsheet for radios), end-of-January completion; 17 hours withheld due to Executive of Congress (interior mostly, some exterior). Prosecutor "Strain" estimates 5 trial days / ~10 witnesses; defense "Jacob" suggests 7 days. Court ("Bates") could start 9th or 21st; tentatively March 9th.

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 · Sep 14, 2021

Page 2 of Jenkins letter. In Mr Fairlamb cell they took off all jewelry and body cams. Many wrote grievances about it - returned by Officer Holmes (the very officer they were written on). Edward Lang arguing with Sgt Robinson when door opened and sprayed him with pepper spray. Nurses refer to pod/dorm as "the Red Neck Tank." Bologna. Breakfast 2AM many months - "form of torture." Jordan Mink had officers handcuff and threaten over discovery after DOJ told him not to share. DCDOC cell 1.5 months no hot water, several months no rec. No vaccine no haircuts denied fingernail clippers. Officer McCade worked 9-14-21 wearing hardened knuckle gloves with "some heat" written across knuckles, carrying mag, slapping in hand - threats of violence. FB & IG locked over arrest "innocent until proven guilty." Jeep/Compass lost due to ruined credit. Excessive bail - Houston judge accused him of attempting to "overthrow our fragile democracy" by flying to DC armed. Multiple harassment over political statements like Trump won. Re-education tablet CRT, book "White Supremacy and Me." 4 case managers in 4 months, revolving door. Mail tampered (return address, postmark removed).

affidavit

Daniel Caldwell (#376977, arrested 3/10/21) veteran statement page 1 listing experiences in DC DOC: hyper-vigilance, hygiene tactics denial, mold in cells/showers, memory loss, total mental breakdown, extended solitary, lack of trial date for 1 year 2 months, denial of Bail v. Brunfardo 2020 (Brunson?), stacked charges, food service failures.

motion · Oct 28, 2022

Page 5 of 11 of Doc 177. Explains THREE drives at issue: red+blue thumb drives delivered Jul 2021 by Buck Files (prior attorney), black terabyte drive Oct 2021 by McBride. Red drive given to McBride during attorney visit; Officer Solwannii witness with body cam.

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 10 of 11 of Doc 177. Section 3142(i) factors weigh in favor of release. Government released massive discovery drop including thousands of videos. Cong J6 Committee revealed new footage. CONCLUSION requesting release. Signatures of Jonathan Gross and Joseph D. McBride.

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 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.

affidavit · Oct 5, 2022

Page 3 of 13 of Washington affidavit. Describes Aug 29 2022 incident where Washington attempted to retrieve discovery laptop and USB drive from Nichols. Nichols refused, became confrontational, other inmates yelled. Other COs retrieved USB drive, returned shortly after.

letter · Oct 3, 2022

Continuation of email from defense attorney Jonathan Gross (The Clevenger Firm, Baltimore MD) re Quaglin: requests neutral third-party food observer for gluten cross-contamination, raises pattern of disappearing discovery documents, attorney visit policies.

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.

other · Oct 18, 2021

Single-entry note that Sgt Franklin warned Ryan he has one week left with his laptop & discovery; per attorney Joseph McBride Ryan needs longer, must request through Ms Wilson at general counsel.

motion

Defense attorney working draft / opening statement outline for Nichols motion (likely ECF 150 emergency release / 177/177-1/177-2 supplements). First-person attorney McBride enumerates timeline: FBI surrender Jan 18 2021 in Texas; FTC Oklahoma; DC Jail Mar 2021 - Sept 6 2022; Files & Harrison representation Jan-Aug 2021; thumb drive #1 (red) sent Jul 27 2021 (Ex A ECF 177-1); thumb drive #2 sent Jul 30 2021 (Ex B ECF 177-2); McBride retained Aug 2021; bought 1 TB hard drive with USAFX downloads delivered Oct 7 2021; mac-adapter issue, Ingrid Washington email same day stating drive inoperable.

motion

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, 20225 pages

Second page of the Table of Contents covering sections VI.G (prolonged solitary as torture), VII (PRLA exhaustion), VIII Causes of Action (five claims: deliberate indifference, illegal solitary, prolonged solitary, interference with 6th Amendment counsel/discovery access, retaliation for press/Congress speech), IX Conclusion, and X Prayer for Relief.

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).

grievance_form · Oct 6, 2022

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

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

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.

grievance_form · Oct 6, 2022

Page 2 of 5 of ECF Doc 169. Explains DOC Central Detention Facility (CDF) vs Central Treatment Facility (CTF) Voluminous Evidence Review program, Ingrid Washingtons Aug 29 2022 collection of Nichols laptop and USB drive, claim she did not review or copy USB contents, and US Marshals transfer of Nichols USB drive to Central Virginia Regional Jail (CVRJ).

transcript · Dec 20, 2021

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.

motion · Sep 8, 2022

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.

exhibit

Handwritten Detention Hearing notes (items 16-24) by Ryan Nichols challenging his counsels handover of evidence, bodycam red light meaning, video retention, Waldo being sprayed, pepper spray chain of custody questions.

grievance_form · Oct 27, 2022

Rappahannock Regional Jail (RRJ) Returned Grievance Form Control No. 032590 dated 10/27/22, returned by Ombudsman (Boyce?) to Ryan Nichols. Marked: failed to file an Inmate Request Form to attempt informal resolution, complaint not grievable issue, improperly filed. Cites IRF #1209691, references US Marshals approval, Inmate Handbook Sections 23-24. Federal judges have no control over RRJ facility.

grievance_form · Oct 19, 2022

Page 2 of 3 of Doc 172. Government does not oppose transfer if other facility can accommodate. DOC confirms only 2 drives. No personal belongings remaining. Requests DOC General Counsel attend Oct 24 hearing virtually. Signature block.

grievance_form · Oct 6, 2022

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

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.

affidavit · Oct 5, 2022

Final page of Washington affidavit text. Paragraphs 7-9 conclude. Aug 30 2022 DOC issued letter clarifying Voluminous/Electronic Discovery procedure. Washington did NOT confiscate USB. Signature of Ingrid Washington, executed Oct 5, 2022.

motion · Aug 30, 2022

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.

exhibit · Aug 30, 2022

Final page (13/13) of Doc 169-1. End of Exhibit C - Aug 30 2022 DOC updated procedure letter. Contact info for DOC General Counsel Eric S. Glover and Attorney Advisor Andrew Mazzuchelli.

exhibit · Aug 30, 2022

Page 12 of 13 of Doc 169-1. Exhibit C - the Aug 30 2022 DOC updated procedure letter referenced in Washington affidavit para 8. Updates the March 15 2021 procedure for voluminous/electronic discovery review.

exhibit · Oct 7, 2021

Page 10 of 13 of Doc 169-1. Exhibit B - email from Ingrid Washington (DOC) to Joseph McBride (Nichols attorney) on Oct 7 2021 re: bringing new discovery to CTF and picking up non-operable drive.