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Sep 30, 2022

Defendant Reply — page 4 of 14

Arguments: 90 minutes is enough time to copy thumb drive contents; government representation that prosecution team has not reviewed is meaningless.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 30, 2022

Defendant Reply — page 5 of 14

…e does not cover guards, jail litigation team, US marshals, J6 committee, or news media.

Sep 30, 2022

Defendant Reply — page 6 of 14

Argues litigation strategies could be leaked to media or J6 committee. Cites Mohamedou Ould Salahi v. Obama for proposi…

Sep 30, 2022

Defendant Reply — page 7 of 14

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

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 30, 2022

Defendant Reply — page 8 of 14

Distinguishes Ali: D.C. Circuit only reversed on flight risk grounds; the harsh conditions findings stood. Ali was a Somali pirate; Nichols is American citizen, veteran, philanthropist.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 30, 2022

Defendant Reply — page 9 of 14

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.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 30, 2022

Defendant Reply to Government Opposition — page 1 of 14

Cover page of Defendant Nichols Reply to Government Opposition to Motion for Pretrial Release (Doc 168). References Exhibit A (habeas petition) and Exhibit C (further conditions of confinement).

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 30, 2022

Emergency Motion for Release - Doc 168 p.13/14 - Conclusion

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.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

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.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 29, 2022

Ryan Nichols Biography By Bonnie Nichols

…e (EX-172), preserved and published as part of the complete J6 record.

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.

Source: J6 Scan 10 folder / Drive

Sep 20, 2022

C-2B notes Sept 17-20: Kamala Harris shirt, EKT/TKU riot gear, food

Continuation of C-2B contemporaneous jail conditions log Sept 17-20. Documents case manager wearing Kamala Harris for the People shirt, 30+ EKT/TKU officers in full riot gear, an officer calling Padilla a Pussy Ass Cracker, detainees locked in cells without toilet/water access until 2:50pm, night shift officer banging flashlight 1am-5am, inadequate dinner trays, multiple grievances filed.

Source: J6 Scan 4 folder / Drive

Sep 16, 2022

Notes on C-2B: jail conditions Sept 7-16

Handwritten contemporaneous log of conditions in C-2B unit dated Sept 7-16. Documents flooding in Room 32, Officer Scott making detainees stop containing flood, no hot water multiple days, dark brown drinking water, Cpl. Armstrong kicking door into Ryans head, incomplete food trays, Oath Keepers/Proud Boys served without quarantine, grievance filed.

Source: J6 Scan 4 folder / Drive

Sep 15, 2022

Government Opposition — page 2 of 9 (Aug 29 and Sept 5 incidents)

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.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 15, 2022

Government Opposition — page 3 of 9 (Legal Standard)

Government continues: Nichols allegedly held chair threateningly, transferred to Central Virginia Regional Jail. Legal Standard section cites Lee and Thorne; emphasizes § 3142(i) is granted sparingly.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 15, 2022

Government Opposition — page 4 of 9 (§ 3142(g) Factors)

Government argues § 3142(g) factors continue weighing for detention. Cites Chrestman factors, ECF 75 prior order, characterizes Nichols statements about war and second American revolution.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 15, 2022

Government Opposition — page 5 of 9

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.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 15, 2022

Government Opposition — page 6 of 9

Argument II.B: length of pretrial detention and complexity not compelling reasons. Government concedes 19 months 28 days detention but argues no due process violation.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 15, 2022

Government Opposition — page 7 of 9

Government cites cases finding longer detentions (5+ years, 4+ years, 37 mo, 33 mo, 31 mo, 30 mo) did not violate due process. Lists continuances Nichols joined.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 15, 2022

Government Opposition — page 8 of 9

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.

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 15, 2022

Government Opposition — page 9 of 9 (Conclusion, signatures)

Conclusion: government requests Court deny Nichols motion. Signed by Matthew M. Graves (USA), Douglas B. Brasher (AUSA, Dallas), and Sarah W. Rocha (Trial Attorney).

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 15, 2022

Government Opposition to Motion for Pretrial Release — page 1 of 9

Government opposition to defendant motion for pretrial release (Doc 161). Argues 18 U.S.C. § 3142(g) factors still weigh for detention; cites December 23, 2021 Memorandum Opinion (ECF 75).

Source: J6 Scan 31 — Emergency Motion For Release / Drive

Sep 13, 2022

Email: Attorney Gross to USMS Marshal Ruffin re Ryan Nichols Transfer

Email exchange dated Sept 13, 2022 between attorney Jonathan Gross and U.S. Marshal Lamont Ruffin (cc: Joseph McBride, SDUSM Derek Haywood). Marshal Ruffin cites Judiciary Act of 1789 and Title 28 USC for authority over remanded prisoners; refuses to share move policy. Gross challenges sudden transfer of a pretrial detainee without notice to counsel or family.

Source: J6 Scan 8 folder / Drive

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.

Source: J6 Scan 7 folder / Drive

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.

Source: J6 Scan 7 folder / Drive

Sep 12, 2022

Email thread: Marshal Ruffin confirms Nichols moved to Rappahannock Regional Jail (Sep 12 2022)

Tail of email thread between attorney Gross and US Marshal (A) Lamont J. Ruffin (DC). Ruffins Sep 12 2022 5:10 PM message confirms Nichols transferred to Rappahannock Regional Jail (RRJ, rrj.state.va.us); says transportation logistics not discussed until movement is completed, Court was made aware, Nichols remains at RRJ until further notice. Gross prior message demands info shared with the court to justify the sudden transfer. Includes Ruffins full signature block (333 Constitution Ave NW Room 1500, Washington DC 20001, 202-353-0607).

Source: J6 Scan 7 folder / Drive

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.

Source: J6 Scan 8 folder / Drive

Sep 12, 2022

Email: Gross Confirms DC DOC Cant Locate Nichols, USMS Has Custody

Sept 12, 2022 12:42 PM email from Jonathan Gross to Eric Glover (DC DOC General Counsel), cc McBride. Gross confirms in writing Glovers statement that DC DOC is not Nicholss immediate custodian, only houses him for USMS because there is no federal facility in DC, and that USMS (Lamont Ruffin) can take him at any time for any reason.

Source: J6 Scan 8 folder / Drive

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.

Source: J6 Scan 8 folder / Drive

Sep 12, 2022

Email: USMS Ruffin Confirms Transfer to Rappahannock Regional Jail (RRJ)

Continuation of Gross/USMS email chain. Sept 12, 2022 5:10 PM email from U.S. Marshal Lamont J. Ruffin (D.C., 333 Constitution Ave NW Room 1500) confirming Mr. Nichols was transferred to Rappahannock Regional Jail (RRJ). Ruffin says Court was made aware of transfer and Nichols will remain at RRJ until further notice. Gross asks for justification provided to the court.

Source: J6 Scan 8 folder / Drive

Sep 11, 2022

DC DOC Complaint 9/11/22 - 72hr solitary, denied attorney, Deputy Warden Lonita Tortura

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.

Source: J6 Scan 7 folder / Drive

Sep 11, 2022

Grievance tracker - 15/15/20/30 business day escalation chart

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.

Source: J6 Scan 6 folder / Drive

Sep 9, 2022

DC DOC Complaint 9/9/22 - hard drives with FBI/habeas materials seized

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.

Source: J6 Scan 7 folder / Drive

Sep 9, 2022

DC DOC Complaint 9/9/22 - Sgt. Stevens (Badge 8463) denied mental health, choking

Third DC DOC Complaint Form same date by Ryan Nichols regarding Sgt. Stevens (Badge 8463) escorting him to medical, denying access to mental health worker, and physically assaulting him - putting hand over his mouth and yanking his chain to make him bleed. Direct evidence of physical abuse during detention.

Source: J6 Scan 7 folder / Drive

Sep 9, 2022

DC DOC Inmate Complaint Form 9/9/22 - chemicals/Lt. Lancaster

Official DC Department of Corrections Inmate Informal Resolution Complaint Form (PP 4030.1) filed by Ryan Nichols (DCDC# 376795) on 9/9/22. Incident 9/5/22-9/6/22 at 11:39 AM, Unit South 1, alleging Lt. Lancaster violently assaulted Ronald [Dr...] with OC spray; Ryan also sprayed and caught chemicals; cells went without chemicals being decontaminated for nearly 24 hours. Direct evidence of jail mistreatment relevant to compensation.

Source: J6 Scan 7 folder / Drive

Sep 8, 2022

Doc 156 p2: Lancaster maced Maccabees, 15 witness statements

Page 2 of 4 (Doc 156). Describes Lancaster macing Maccabees unprovoked, then claiming He assaulted me. Lancaster grabbed and threw Maccabees against wall. Nichols pushed a chair to ground in spontaneous outburst of frustration but did not advance/threaten. Lancaster maced him too. 15 witnesses signed statements on behalf of Nichols and Maccabees. Nichols charged with inciting riot.

Source: J6 Scan 10 folder / Drive

Sep 8, 2022

Doc 156 p3: No detox bath, mental health denied, Spanish grievance form

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.

Source: J6 Scan 10 folder / Drive

Sep 8, 2022

Doc 156: Supplement to Emergency Pretrial Release p1 - Lancaster assault

Page 1 of 4 of Defendants Supplement to Emergency Motion for Immediate Pretrial Release (Doc 156). Describes Sept 5 2022 incident where Lt. Lancaster (named in habeas petition) entered Nichols cell block and pushed pretrial detainee Maccabees over masking dispute during medication distribution.

Source: J6 Scan 10 folder / Drive

Sep 8, 2022

Motion to Dismiss All Charges (Doc 155) page 1 with Ryans annotations

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.

Source: J6 Scan 10 folder / Drive

Sep 8, 2022

Motion to Dismiss page 2: Bidens 31 anti-MAGA statements (1-12)

Page 2 of 5 of Motion to Dismiss All Charges (Doc 155). Quotes statements 1-12 from Bidens Sept 1 2022 speech labeling MAGA Republicans an extremist threat, claiming they do not respect the Constitution, do not believe in rule of law, and look at January 6th mob as patriots.

Source: J6 Scan 10 folder / Drive

Sep 8, 2022

Motion to Dismiss page 3: Bidens 31 statements (13-27)

Page 3 of 5 of Motion to Dismiss All Charges (Doc 155). Continues quoting Biden statements 13-27 calling MAGA Republicans a clear and present danger to democracy, citing Judge Michael Luttig, claiming MAGA cant be pro-insurrectionist and pro-American.

Source: J6 Scan 10 folder / Drive

Sep 8, 2022

Motion to Dismiss page 4: Bidens speech conclusion, US v Thomas cite

…cklit by red and flanked by Marines, incited nation to hate J6 defendants, cites United States v. Thomas, 22 M.J. 388, 393…

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.

Source: J6 Scan 10 folder / Drive

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.

Source: J6 Scan 10 folder / Drive

Sep 6, 2022

9/6/22 Events log: LT Munoz, Sowannii, Nhuindo

Handwritten contemporaneous timeline of events on 9/6/22: 8:50am LT Munoz served paperwork, refused to sign, said not guilty; 9:45 asked Sowannii for IGPs, shower, medical forms; 10:30am shower by officer Sowannii; 1:30pm gave Sowannii witness list with only 3 forms; 6:25pm asked Nhuindo about witness statements.

Source: J6 Scan 10 folder / Drive

Sep 6, 2022

Issues in C-4 log 9/4-9/6/22 - rec times denied

Detailed log of daily rec-time denials in cell block C-4 between 9/4/22 and 9/6/22 - naming Officer Purcell, 1st Sgt, Ms Berry, and Officer Carl, calculating lost minutes.

Source: J6 Scan 6 folder / Drive

Sep 5, 2022

Ryans 9/5/22 IGP Complaint Form re: LT Lancaster macing Ronald McAfee

DC DOC Inmate Informal Resolution Complaint Form (PP 4030.1 Attachment C) filed by Ryan Nichols DCDC #376795, Unit C2B, 9/5/22. Reports LT Lancaster came to C2B at 11:40am, told inmates we are locking down, moved towards Ronald McAfee, pushed him, denied medication, and sprayed him with OC spray for not wearing a mask. Signed by Ryan.

Source: J6 Scan 10 folder / Drive

Sep 4, 2022

IGP Complaint 9/4/22: Toilet paper denied, supervisor refusal w/ case cites

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.

Source: J6 Scan 10 folder / Drive