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United States v. Nichols
Case No. 1:21-cr-00117 · U.S. District Court for the District of Columbia · 10 federal charges · Judge Hon. Thomas F. Hogan (pretrial & detention, 2021–2023); Hon. Royce C. Lamberth (plea, sentencing & judgment, 2023–2025)
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Accountability Index
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Aug 30, 2022
Emergency Motion for Release — page 11 of 12
Continues complexity arguments referencing FBI entrapment concerns, Jill Sanborn Senate testimony, Mar-a-Lago raid, FBI whistleblower allegations. Argument I.D: conditions of confinement violate civil rights.
ReadAug 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.
ReadAug 30, 2022
Emergency Motion for Release — page 2 of 12 (Background)
Background section explaining 20-month detention since January 18, 2021, habeas petition, and DC Jail confiscation of USB drive containing attorney-client privileged discovery materials on Aug 29, 2022.
ReadAug 30, 2022
Emergency Motion for Release — page 3 of 12
Details of ERT raid: Corporal Feliciano and officer Stretch covered badges, no body cam. Reference to Exhibit A (email from counsel to DOC). Discusses PTSD aggravation and suicide watch.
ReadAug 30, 2022
Emergency Motion for Release — page 4 of 12 (Legal Standard, Argument)
Legal standard under 18 U.S.C. § 3142(i) for temporary release. Argument I.A: DC Jail retaliating by escalating unlawful inhumane treatment.
ReadAug 30, 2022
Emergency Motion for Release — page 5 of 12
Argument I.B: Defendant ability to prepare for trial irreparably compromised by raid and confiscation of discovery. Cites United States v. Ali and Barker v. Wingo.
ReadAug 30, 2022
Emergency Motion for Release — page 6 of 12
Contrasts Ali (pirate hostage taker) with Nichols (decorated veteran with search/rescue work). Argument I.C: sheer length of pretrial confinement violates due process.
ReadAug 30, 2022
Emergency Motion for Release — page 7 of 12
Discusses six-factor due process analysis from Accetturo and First Circuit Zannino standard that 16 months would be unconstitutionally excessive pretrial detention.
ReadAug 30, 2022
Emergency Motion for Release — page 8 of 12
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.
ReadAug 30, 2022
Emergency Motion for Release — page 9 of 12
Argues Defendant is neither flight risk nor danger. Discusses how Government has needlessly added complexity through unprecedented J6 prosecution of 600+ defendants across all 50 states.
ReadAug 30, 2022
IGP Complaint 8/30/22: Denied outdoor rec, indoor gym only
DC DOC IGP Complaint by Ryan Nichols 376795 C2B dated 8/30/22. Facility woke him 7:45am for inside gym rec - denying ability to go outside. After he was up and dressed told there was no longer any rec. Multiple weeks since he went outside. Wants to be treated like a human being. Witnessed by Kosh L Kelly.
ReadAug 30, 2022
IGP Formal Grievance 8/30/22: phones turned off and tablet taken
DC DOC Inmate Formal Grievance Form (Step 2) by Ryan Nichols 376795 C2B dated 8/30/22. Escalates 8/8/22 informal grievance about phones turned off and tablet taken which was never responded to. Calls it racial discrimination, retaliation, punishment. Witnessed by Jordan Mink 377189.
ReadAug 30, 2022
Doc 169-1 p.12/13 - Exhibit C: Aug 30 2022 DOC Updated Procedure Letter
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.
ReadAug 30, 2022
Emergency Motion for Immediate Pretrial Release (ECF 150)
The emergency motion for immediate pretrial release, with exhibits documenting conditions, August 2022.
ReadAug 30, 2022
Doc 169-1 p.13/13 - Exhibit C end: Aug 30 2022 DOC Procedure final page
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.
ReadAug 29, 2022
IGP Complaint 8/29/22: Discovery confiscated by force, Ms Washington Legal
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.
ReadAug 26, 2022
IGP Complaint 8/26/22: Cpl Carter sleep deprivation torture techniques
DC DOC IGP Complaint by Ryan Nichols 376795 C2B dated 8/26/22. Reports Cpl Carter at around 2:00am intentionally disturbed inmates by slamming multiple doors, keeping inmate up throughout the night and not allowing him to sleep. Calls these classic torture techniques previously heard about in PoW training in the Marine Corps. Witnessed by Kenneth Harrelyn 377692.
ReadAug 26, 2022
IGP Complaint 8/26/22: No outdoor recreation in 27 weeks
DC DOC IGP Complaint Form by Ryan Nichols DCDC 376795 Unit C2B dated 8/26/22. Complains he has not been outside in over 27 weeks; facility tells inmates they have outdoor rec but only takes them to the gym. Wants natural sunlight on his skin. Departments cited: Facilities Management, Discrimination, Staff Treatment. Witnessed by Kenneth Harrelyn 377692.
ReadAug 26, 2022
U.S. Marshal IGP Report - Ricky Rice/Marvin Buckhalter/Chief Anderton (8/26/22)
Handwritten witness statement by Ryan Nichols (DCDC# 376795) dated 8/26/22 documenting a meeting with U.S. Marshal Ricky Rice at DC DOC cellblock C2B. Confirms that the Inmate Grievance Process at both CDF and CTF is broken. References Mr. Marvin T. Buckhalter and Chief Anderton. Co-signed by witnesses Peter F. Stager (DCDC# 376784) and James McGrew (DCDC# 377892).
ReadAug 23, 2022
DOJ Reports Robert Morss Stipulated-Trial Findings
DOJ announcement reporting Judge Trevor N. McFadden's findings after the stipulated bench trial involving Robert Morss, Geoffrey Sills, and David Judd.
ReadAug 23, 2022
Robert Morss Statement of Facts for Stipulated Trial
Twelve-page stipulated-trial record for Counts 20, 27, and 34. Morss acknowledged the statement as true and accurate with counsel's concurrence; Judge McFadden returned findings after the stipulated bench trial.
ReadAug 23, 2022
Kaleb Dillard — DOJ Arrest Record, August 23, 2022
Official DOJ release reporting Dillard's arrest and the complaint-stage charges. The complaint allegations are not presented as findings of guilt.
ReadAug 12, 2022
Doc 132 (8/12/22): Motion to Join Harkrider p.2 - Texaco v Short cite, GoPro note
Page 2 of Doc 132 Motion to Join/Adopt Harkrider ECF 94 motion to dismiss Counts 5 and 7. Cites Texaco Inc v Short, 454 U.S. 516, 532 (1982) on legislature publishing law. Discusses USCP map, bike racks, entry through window. Handwritten margin note: GoPro video at BLM plaza about weapons.
ReadAug 12, 2022
Doc 132 (8/12/22): Motion to Join/Adopt Harkrider ECF 94 (1752 dismiss) p.1
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.
ReadAug 12, 2022
Doc 134 (8/12/22): Motion to Join Harkrider Omnibus Reply ECF 117 p.1 (self-defense)
Defendant Ryan Nichols Motion to Join, Supplement, and Adopt Co-Defendant Harkriders Omnibus Reply at ECF 117 (Doc 134), filed 8/12/22. Page 1 of 4. Supplements reply to Governments motion to preclude self-defense claim. Argues Government not entitled to preview defense strategy.
ReadAug 12, 2022
Doc 134 (8/12/22): Motion to Join Harkrider Reply p.2 - self-defense argument
Page 2 of Doc 134. Argument cites Fed Crim Proc Rules 12.1-12.3 - self-defense not on the list of pretrial-disclosure defenses. Cites Waters v Lockett 896 F.3d 559 (DC Cir 2018), US v Mumuni Saleh 946 F.3d 97 (2d Cir 2019), US v Acosta-Sierra 690 F.3d 1111 (9th Cir 2012).
ReadAug 12, 2022
Doc 136 (8/12/22): Motion in Limine p.2 - Legal Standard, FRE 401-403
Page 2 of 5 of Doc 136 Motion in Limine. Section II Legal Standard cites Williams v Johnson, US v Bikundi, FRE 401-403, US v ONeal, Sprint/United Mgmt v Mendelsohn 552 US 379.
ReadAug 12, 2022
Doc 136 (8/12/22): Motion in Limine p.3 - US v Berger, denies Proud Boys/militia ties
Page 3 of 5 of Doc 136 Motion in Limine. Cites US v Berger 295 US 78, 88 (1935) on prosecutorial duty. Denies Nichols charged with insurrection/seditious conspiracy/terrorism. Denies membership in Proud Boys, Oath Keepers, militia, white supremacist groups, BLM. States did not enter rotunda, chamber, or Pelosis office; did not bring firearm. Cites US v Monaghan 741 F.2d 1434, US v Hawkins 595 F.2d 751 (DC Cir).
ReadAug 12, 2022
Doc 136 (8/12/22): Motion in Limine to preclude inflammatory language p.1
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.
ReadAug 12, 2022
Motion to Dismiss Count Two — arbitrary application is unconstitutional (p.8 of 21)
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.
ReadAug 12, 2022
Motion to Dismiss Count Two — arbitrary novel application argument (p.10 of 21)
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.
ReadAug 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.
ReadAug 12, 2022
Motion to Dismiss Count Two — Electoral Count is ministerial, not proceeding (p.19 of 21)
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.
ReadAug 12, 2022
Motion to Dismiss Count Two — Electoral Count not a contemplated proceeding (p.18 of 21)
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.
ReadAug 12, 2022
Motion to Dismiss Count Two — Enron loophole legislative history (p.4 of 21)
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.
ReadAug 12, 2022
Motion to Dismiss Count Two — grammatical interpretation of otherwise (p.11 of 21)
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).
ReadAug 12, 2022
Motion to Dismiss Count Two — Nichols never tampered with documents (p.7 of 21)
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).
ReadAug 12, 2022
Motion to Dismiss Count Two — noscitur a sociis / Yates / Begay (p.14 of 21)
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).
ReadAug 12, 2022
Motion to Dismiss Count Two — selective prosecution examples (p.9 of 21)
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.
ReadAug 12, 2022
Motion to Dismiss Count Two — statutory background of 1512(c)(2) (p.3 of 21)
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.
ReadAug 12, 2022
Motion to Dismiss Count Two (1512(c)) — 1512(c) context argument (p.2 of 21)
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.
ReadAug 12, 2022
Motion to Dismiss Count Two (1512(c)) — cover page (p.1 of 21)
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).
ReadAug 12, 2022
Motion to Join Transfer Venue (Doc 135) page 1 of 6
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.
ReadAug 12, 2022
Motion to Transfer Venue p3: Aguilars statement & Nicholss Pence quote
Page 3 of 6 (Doc 135). Quotes Rep. Pete Aguilars June 13 2022 opening statement at 12:44 from the J6 Committee hearing and includes Trump and Ryan Nichols quotes about Pence, where Ryan said "if Pence caved, were going to drag motherfuckers through the streets." Argues this prejudicially aired before potential DC jurors.
ReadAug 12, 2022
Motion to Transfer Venue p4: McBride July 21 status hearing statement
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.
ReadAug 12, 2022
Motion to Transfer Venue p5: US v North cite, Eastern District of Texas
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.
ReadAug 12, 2022
Motion to Transfer Venue page 2: court concerns, Watergate analogy
Page 2 of 6 (Doc 135). Quotes Judge Hogans own concerns about jury prejudice from publicity, references Watergate-era reversals (Col North conviction overturned), cites June 13 2022 J6 Committee hearing portraying Nichols as leader of insurrectionist mob. Footnote 2 cites npr.org J6 Committee transcript.
ReadAug 12, 2022
Motion in Limine — exclude inflammatory descriptors (p.4)
Page 4 of 5 of Nichols motion in limine arguing against inflammatory descriptors. Cites US v. Johnson (231 F.3d 43) and US v. Ring (706 F.3d 460) regarding prosecutorial limits on inflaming jury passions. Begins Conclusion section.
ReadShowing 625–672 of 1,866 documents