A lawyer representing one of five Proud Boys members on trial for seditious conspiracy asked a federal judge to throw out the case Thursday, saying that federal prosecutors hid “plainly exculpatory” US Capitol security footage played on Fox News host Tucker Carlson’s show.
Carlson aired selective pieces of footage this week in an attempt to downplay the violence and defend the pro-Trump mob. According to the US Capitol Police, 140 officers from various departments were assaulted on January 6, 2021.
The court filing is the most recent of several requests for a mistrial from attorneys representing the five Proud Boys, who have repeatedly alleged government wrongdoing. All of the previous requests have been denied by the judge.
A Justice Department spokeswoman said the department “will respond through the court.”
On Tuesday, prosecutors said that “nearly all” of the Capitol security footage Carlson played was previously available to attorneys representing riot defendants.
Roger Roots, an attorney for New York Proud Boy Dominic Pezzola, wrote that the video Carlson played of the “QAnon Shaman,” Jacob Chansley, proves protesters went into the Senate Chamber on the invitation of US Capitol Police. Roots alleged that prosecutors “withheld” the footage from his client.
“This footage is plainly exculpatory; as it establishes that the Senate chamber was never violently breached, and – in fact – was treated respectfully by January 6 protestors,” Roots wrote. “To the extent protestors entered the chamber, they did so under the supervision of Capitol Police. The Senators on January 6 could have continued proceedings.”
Roots continued, “It was not Pezzola or codefendants who caused the Congress to recess. Congress interrupted its own proceedings.”
The filing does not mention any video that…
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