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

50 documents on file

Co-detainee3 documents

Corroborating witness statements and letters from fellow January 6 detainees.

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

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.

Attorney45 documents in 36 items

Defense counsel correspondence (Joseph McBride, Jonathan Gross).

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

Pre-Trial Release notes for attorney McBride

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.

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

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.

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

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.

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

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).

Court1 document

Court orders, rulings, transcripts, and docket entries.

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

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.

Govt response1 document

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