Ryan Nichols

Person of record

Joseph McBride

Defense Attorney · Private counsel

Defense attorney representing Ryan and other January 6 defendants. Correspondence with U.S. Marshals over the September 2022 unannounced transfer from DC Jail to Rappahannock Regional Jail and over Sukkot religious accommodation.

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Evidence on file

51 documents on file

Co-detainee3 documents

Witness statements and letters from fellow January 6 detainees. These are attributed accounts, not court findings.

letter · Dec 29, 2021

Sean McHugh — letter to Joe McBride (12-29-21) re: Jacob TDS, John Pierce, 92-115mo plea offer

Dated 12/29/21 letter from Sean McHugh to attorney Joseph McBride characterizing public defender Maria Jacob as his "public prosecutor not my public defender." Says Jacob would only consider a "public authority" defense to blame Trump for January 6; rejected the Declaration of Independence as a legal document; encouraged him to take a 92-115 month plea on Assault with a Deadly Weapon (federal officer) because she was "afraid they might use the terror enhancement" for a window-breaking charge. Notes he was charged with assault despite no victim identification or weapon found; the only alleged victim looks like an MPD officer, not a federal officer. The one motion Jacob filed sought investigation into Trump ("TDS — Trump Derangement Syndrome") and omitted his requested Comms between Pelosi, Schumer, Capitol Police, MPD, National Guard & Secret Service in days leading up to and on Jan 6th. Was thrilled when John Pierce took his case so he could fire Jacob.

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letter · Dec 29, 2021

Sean McHugh — letter to atty Joe McBride re: counsel attacking McBride credibility

Handwritten letter from Sean McHugh to attorney Joseph McBride dated 12-29-21, reporting that his appointed counsel Maria Jacob and co-counsel Ms. Schroff (a "terrorist lawyer from NY") have told him McBride is "not credible" and "reckless," and warning that he has a story he plans to publish on Gateway Pundit to support his son financially.

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grievance_form · Nov 17, 2021

Informal Grievance Form #135251 page 2 — witness list incl. Jon Mellis, Doug Jensen, Brandon Fellows (11/17/21)

Page 2 of Ryan Nichols' Informal Grievance #135251/IGP #22111223-848 dated 11/17/21 — cites Inmate Handbook page 1 number 8 non-discrimination clause, references unresolved 9/18/21 incident, lists J6 co-detainee witnesses, and requests copy for attorney Joseph McBride.

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Attorney45 documents in 36 items

Defense counsel correspondence (Joseph McBride, Jonathan Gross).

motion · Oct 28, 2022

Nichols Supplement to Pretrial Release - Doc 177 p.10/11 - Conclusion & Signatures

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.

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motion · Oct 28, 2022

Nichols Supplement to Pretrial Release - Doc 177 p.11/11 - COS

Page 11 of 11 (final page) of Doc 177. McBride contact info continued (phone, email). CERTIFICATE OF ELECTRONIC SERVICE: filed Oct 28, 2022 via CM/ECF by /s/Jonathan Gross.

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motion · Oct 28, 2022

Nichols Supplement to Pretrial Release - Doc 177 p.5/11 - Three drives explained

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.

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letter · Oct 14, 2022

Atty/Rabbi Gross to SDUSM Haywood: Nichols Sukkot religious accommodation (Oct 2022)

Oct 14 2022 1:17 PM Gmail message from Jonathan Gross (attorney and Jewish rabbi) to Supervisory Deputy US Marshal Derek Haywood (Derek.Haywood@usdoj.gov), cc Joseph McBride. Reports Marshal Ruffin identified Haywood as contact. Says Ryan Nichols (USMS custody at Rappahannock Jail) wants to observe Sukkot (Leviticus 23:44) by having a meal in a Sukkah; Jail denied his 15-minute outside-under-sky request; grievance filed but holiday ends Sunday.

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affidavit · Oct 5, 2022

Affidavit of Ingrid Washington - Doc 169-1 p.3/13 (Aug 29 incident)

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.

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motion · Sep 30, 2022

Emergency Motion for Release - Doc 168 p.14/14 - Signature/COS

Page 14 of 14 (final page) of Emergency Motion for Release. Contains signatures of Jonathan Gross and Joseph D. McBride, and Certificate of Electronic Service.

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motion · Sep 28, 2022

Reply to Govt Opposition p8: McBride & Gross signature, cert of service

Page 8 of 8. Signed by Joseph D. McBride (McBride Law Firm PLLC, NY) and Jonathan S. Gross (Clevenger Firm, Baltimore MD). Dated September 28 2022 Washington DC. Certificate of service via ECF.

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letter · Sep 13, 2022

Marshal Ruffin reply to Gross re USMS authority/policy on Nichols transfer (Sep 13 2022)

Sept 13 2022 12:17 PM email from US Marshal (A) Lamont Ruffin (Lamont.Ruffin@usdoj.gov) responding to attorney Jonathan Gross. Cites Judiciary Act of 1789 and 28 USC, asserts USMS authority over District Court prisoners, refuses to share policy (suggests FOIA), states moves were within policy and movement details not provided to anyone until completed. Designates SDUSM Haywood as contact. Includes Grosss earlier Sept 13 12:06 PM reply asking who is the immediate custodian and to identify the policy authorizing sudden transfer of a pretrial detainee without informing him, counsel, or family.

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letter · Sep 12, 2022

Email: DC DOC GC Eric Glover Confirms USMS Picked Up Nichols

Sept 12, 2022 email exchange between Jonathan Gross and Eric S. Glover, General Counsel for DC Department of Corrections (cc: McBride, Andrew Mazzuchelli/DOC). Glover confirms Mr. Nichols, a federal defendant, was picked up by USMS today and is technically in USMS custody; DC DOC does not know where he is being housed.

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letter · Sep 12, 2022

Email: Gross to USMS Ruffin re Sudden Transfer from DC Jail

Sept 12, 2022 3:15 PM email from Jonathan Gross (The Clevenger Firm) to U.S. Marshal Lamont Ruffin (cc: Joseph McBride). Gross reports learning of activity at the DC Jail involving a possible transfer of Mr. Nichols without notice to attorneys or family; DC Jail counsel deflected to USMS as actual custodians. Requests information about transfer plans.

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letter · Sep 12, 2022

Atty Jonathan Gross to USMS Marshal Lamont Ruffin re Nichols transfer (Sep 12 2022)

Sep 12 2022 3:15 PM email from defense attorney Jonathan Gross (Clevenger Firm) to U.S. Marshals Service Marshal Lamont Ruffin (LRuffin@usms.doj.gov), cc atty Joseph McBride (jmcbride@mcbridelawnyc.com). Reports that an unannounced transfer activity involving Nichols occurred at the DC Jail; DC Jail counsel said Nichols was in US Marshals custody and to contact Ruffin. Demands information on what happened and Marshals plans for Nichols.

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motion · Sep 8, 2022

Motion to Dismiss page 5: McBride signature and certificate of service

Page 5 of 5 of Motion to Dismiss (Doc 155). Signed Joseph D. McBride Esq., Bar ID NY0403, The McBride Law Firm PLLC, 99 Park Avenue 6th Floor, New York NY 10016, jmcbride@mcbridelawnyc.com. Certificate of Service dated September 8, 2022 via ECF.

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motion · Aug 30, 2022

Emergency Motion for Release — page 12 of 12 (Conclusion, Signature)

Final page: Argument II proposing wife Bonnie Nichols as third-party custodian. Conclusion seeking immediate release. Signed by Joseph D. McBride of The McBride Law Firm PLLC.

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motion · Aug 12, 2022

Motion to Dismiss Count Two — Certificate of Service (p.21 of 21)

Doc 138 p.21 of 21. Final page — Certificate of Service dated 12th day of August 2022, signed by Joseph D. McBride, Esq. ECF System service.

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motion · Aug 12, 2022

Motion to Dismiss Count Two — Conclusion and WHEREFORE (p.20 of 21)

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.

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motion · Aug 11, 2022

Doc 132 (8/12/22): Motion to Join Harkrider p.3 signature/COS

Page 3 of 3 of Doc 132 Motion to Join Harkriders ECF 94 motion. Signature page and certificate of service. Signed by Joseph D. McBride dated August 11, 2022. Certificate of Service via ECF system.

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motion · Aug 11, 2022

Doc 134 (8/12/22): Motion to Join Harkrider Reply p.4 - Certificate of Service

Page 4 of 4 of Doc 134 Motion to Join Harkrider Omnibus Reply. Certificate of Service signed Joseph D. McBride dated August 11, 2022.

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motion · Aug 11, 2022

Motion in Limine — signature page with WHEREFORE list of excluded terms (p.5)

Page 5 of 5, signature page of Nichols motion in limine. WHEREFORE clause requests exclusion of terms: terrorism, terrorist, insurrection(ist), mob, rioter, treason, traitor, sedition, conspiracy, attack on Capitol/democracy/Congress, white supremacy, police were killed, Oathkeepers, Proud Boys, Three Percenters, areas of Capitol Nichols never entered. Signed by Joseph D. McBride, Esq.

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motion · Aug 11, 2022

Doc 129 (8/10/22): Nichols Motion to Continue p.2 - signed Joseph McBride

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.

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motion · Aug 11, 2022

Doc 134 (8/12/22): Motion to Join Harkrider Reply p.3 - USCP shot first, conclusion

Page 3 of Doc 134. Cites In re Grand Jury Subpoena 870 F.3d 312 (4th Cir 2017) on opinion work product. Asserts USCP shot first, launched barrage at peaceful protestors, no authorization to fire concussion grenades at faces/heads/torsos. Calls for Court to grant ECF 117 and deny Govts ECF 100-104. Signed Joseph D. McBride 8/11/22.

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motion · Aug 11, 2022

Motion to Join and Adopt Co-Defendant ECF 96 Motion to Compel

Doc 137 filed 08/12/22. Nichols (by McBride) moves to adopt co-defendant Alex Harkrider Motion to Compel (ECF 96) regarding viewing, measuring, and inspecting areas of the alleged crimes.

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other · Jul 15, 2022

DC DOC Request for Legal Visit — Joseph McBride (7/15/22)

DC Department of Corrections Request for Legal Visit form (PP 4160.3 Att. B) for inmate Ryan Nichols (DCDC #376795, housing C2B) by attorney Joseph McBride, Bar #5445879. Dated 7/15/22 with pink date stamp.

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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.

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grievance_form · May 2, 2022

IGP #2022050-120 page 2: Civil court max damages, McBride contact, release demand

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.

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grievance_form · May 1, 2022

Electronic IGP #2022050-120: Water shut off 3-4 hrs, cell 9 inmate medical emergency

Electronic Informal Grievance Form (IGP # 2022050-120, Response ID 192673) submitted by Ryan Nichols on 5/1/22 at 9:53 PM detailing 3-4 hour water shutoff in cell while cell 9 inmate had medical emergency and threw up. Officers shut water off to punish cell 9 inmate but his water was also shut. Will inform attorney Joseph McBride.

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grievance_form · Mar 9, 2022

Grievance 3/9/22 — request to add investigative attorney to APDS tablet (atty Joseph McBride, 6A counsel)

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.

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grievance_form · Mar 7, 2022

Inmate request form — 3/7/22 add investigative attorney David Sumrall to call list

Printed DC DOC Inmate Request Form (Response ID 167429) 3/7/22: Ryan asks staff to add investigator David Sumrall (903-355-4683), working for attorney Joseph McBride (917-757-9537) of McBride Law Firm, to his private call list and tablet contacts. Handwritten 'updated 3/8 McCain'.

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other · Oct 18, 2021

Conditions log — 10/18 discovery laptop deadline (Sgt Franklin, Joseph McBride, Ms Wilson)

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.

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exhibit

Pre-Trial Release notes for attorney McBride

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.

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transcript

Hearing Transcript p.18 — McBride: FBI Raid, Self-Surrender, Munchel/Tanios

Page 18 of a federal court hearing transcript. Defense attorney Joseph McBride argues that FBI raided Ryan Nicholss home in Longview while he was in Oklahoma over MLK weekend visiting in-laws; Nichols self-surrendered within four hours, cooperated, was interviewed by FBI, never tried to flee. McBride cites D.C. Circuit decisions U.S. v. Munchel and U.S. v. Tanios on future dangerousness.

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motion

Defense outline: Illegal Taking of Nichols thumb drive — opening statement notes

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.

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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).

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exhibit

McBride note - witness statement on sexual assault & mental illness

Brief handwritten yellow legal pad note: "McBride told me to come to you about getting statement for being mentally ill / sexual assault." Likely refers to attorney Joseph McBride (Ryan's defense team). Top of page has code CVUb5a04XDM and timestamps 9:30, 3:14, 1:40, 6:00 - possibly a bodycam reference.

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motion · Sep 8, 2022

Doc 156 p4: McBride signature & certificate of service

Page 4 of 4 (Doc 156). Signature page for Supplement to Emergency Pretrial Release Motion. McBride signature dated September 8 2022. Cert of service dates 11th day of August 2022.

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motion · Aug 12, 20222 pages

Doc 155 — Motion to Dismiss All Charges (Sept 2022)

Page 4 of 6 (Doc 135). Argues federal government decided to investigate J6 at any cost, J6 Committee robbed Nichols of impartial jury. Quotes McBrides July 21 2022 status hearing statement about Committee framing Nichols as leading angry lynch mob, citing ECF No. 113 transcript 12:5-20 and 13:9-17.

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motion · Aug 10, 20229 pages

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

Caption page of Ryan Taylor Nichols petition for writ of habeas corpus under 28 U.S.C. 2241 and complaint for declaratory and injunctive relief, filed in the U.S. District Court for the District of Columbia against AG Merrick Garland and D.C. Jail Deputy Warden Michelle Jones.

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Court2 documents

Court orders, rulings, transcripts, and docket entries.

Govt response1 document

Responses from DC DOC, the U.S. Marshals, and federal agencies.