J6 prosecutors’ dirty secrets revealed

WASHINGTON – President Donald Trump delivered on his promise, granting clemency to hundreds of January 6 prisoners and defendants via an executive order on Day One of his new administration, offering survivors of Biden’s weaponized Justice Department a second chance.

But for Proud Boys leaders – Marine Corps veteran Zachary Rehl, decorated Army veteran Joseph Biggs and Marine Corps veteran Dominic Pezzola – the fight for justice continues.

With their sentences commuted to time served, but not being fully pardoned like all the others, these men remain branded insurrectionists and even terrorists, saddled with nearly a dozen felony convictions each.

In bombshell court filings awaiting U.S. District Judge Timothy Kelly’s ruling, the trio alleges federal prosecutors and the FBI broke laws to frame them with “seditious conspiracy” during their six-month trial.

Their attorney, Roger Roots, claims the Biden-led government knew the Proud Boys had no plan to “overthrow the U.S.” on Jan. 6, 2021, yet it orchestrated an informant-driven entrapment operation to “impose a one-party, slave-plantation-style government wherein political dissidents would be jailed, tormented and silenced” with wrongful convictions for merely trespassing while walking through the U.S. Capitol building.

His 19-page motion to dismiss accuses the feds of planting undercover agents among the group – some even within the group’s defense team – and barring any trial mention of them.

Zachary Rehl, Joseph Biggs, Dominic Pezzola_ Motion To Dismiss Exposes Exactly How Gov’t Broke the Law by alicia.m.powe

Not only did the undercover informants influence protesters to commit crimes during the riot, but the government embedded them within the Proud Boys’ defense counsel, like the confidential human source, or CHS, named “J.K.” who used the alias “Aaron” when he took the stand.

“It was FBI informant ‘Aaron’ himself who placed furniture in a doorway area to keep the entry open for demonstrators to stream into the Capitol,” the filing states. “‘Aaron’ also admitted that it was he – a paid undercover FBI CHS – who invited the scariest and most heavily armored marcher (Robert Geiswein) to join the Proud Boy march on the morning of January 6.”

Each informant repeatedly confirmed with law enforcement officials that no plan had ever been devised by Rehl, Biggs, Pezzola or any member of the Proud Boys organization to carry out a terror attack or violently overthrow the government.

Yet, the intel from the spooks deployed by the government to entrap the group did not stop prosecutors from advancing a fictitious conspiracy narrative, Roots says.

“[Aaron] texted his FBI handlers in real time informing them that the Proud Boy defendants had no plan or intention of breaching the Capitol Grounds,” the defense argued. “Thus, the FBI knew through the entire case that there was no plan, no seditious conspiracy, and no organized effort to riot or unlawfully obstruct the proceedings of January 6.”

In addition, during the FBI’s bid to attempt to entrap “Trump’s army” with allegations of sedition, the Metropolitan Police Department deployed more than two dozen undercover plainclothes officers among the Proud Boys on Jan. 6, 2021.

“One of these [undercover] officers is heard on camera urging protestors to ‘Go! Go! Go!’ and ‘Push forward!’ up the steps toward the Capitol building. The defendants still have not been provided with all the body-worn camera footage of all these undercover MPD officers,” the motion states. “Even with entire squadrons of informants among the defendants and the Proud Boy organization, not a single informant was able to report any plans of sedition being made by Proud Boys.”

The government’s key evidence, the “1776 Returns/Winter Palace” document outlining a Capitol takeover, was a fraud, Roots asserts.

Prosecutors pinned it on the Proud Boys, but admitted during trial that it was authored and planted by the intelligence community in co-defendant Enrique Tarrio’s inbox.

Worse, an FBI agent accidentally sent the defense a spreadsheet exposing agents and prosecutors spying on attorney-client talks, destroying evidence and pressuring witnesses – violations they then sealed under Kelly’s orders, Roots says.

“The government knew all along that the document was authored and created by the government’s ‘intelligence community’ – and that the document was planted in co-defendant Tarrio’s inbox at the direction of the government,” the motion states.

“When these facts were revealed to the defense in discovery, the government immediately moved to censor, silence, seal and prevent all discussion of the facts,” Roots notes in the motion to dismiss. “The government demanded sealed proceedings to prevent the public knowing these revelations, in violation of the 6th Amendment. The government further demanded, and the Court ordered, that defendants delete these outrageous and astonishing revelations from their files.”

“It was revealed during trial that FBI special agents in this case communicated with each other by messages in which they casually discussed destruction of evidence, intercepting defendant Rehl’s attorney/client communications (and announced their intention to find more), and deliberately evaded a filter team.

“It was revealed in sealed hearings that the FBI altered a document relating to a CHS and exploited the financial and family distress of defendant Rehl and other witnesses [to] pressure them to cooperate with the government.

“The FBI also ordered that ‘338 pieces of evidence’ be destroyed.”

In a sealed hearing, the Trump-appointed federal judge issued a protective order on the FBI’s correspondence with prosecutors and ordered all parties to destroy the spreadsheet.

Attorney-client privilege, a bedrock principle in U.S. law, ensures that all communications between a client and their attorney remain confidential and cannot be disclosed without the client’s consent.

Without a warrant obtained under the Foreign Intelligence Surveillance Act, or FISA, the FBI’s surveillance of the privileged communication is a violation of both the Sixth Amendment right to counsel and the Fourth Amendment’s prohibition of unreasonable searches and seizures

This “outrageous government and prosecutorial misconduct” warrants dismissal of the case, Root contends. On top of prosecutors securing convictions by destroying evidence and planting undercover informants within the defense, lawyers representing the Proud Boys discovered the jurors were “stalked, terrified and intimidated” throughout the trial.

The “terrified” jury members were left to investigate their own harassers after prosecutors shrugged off the threats – further tainting the verdict made behind sealed doors.

“Although the jury brought these threats to the attention of the government, the government did little to inquire or investigate. Out of desperation, the terrified jurors then launched their own investigation, photographing and monitoring their stalker(s),” the filing states. “The trial result was fundamentally tainted by this terrorized jury.

“Sealed hearings prevented the public from properly knowing and evaluating the verdict in light of the terrified and intimidated jury, in violation of the 6th amendment right to fair trial, jury trial and public trial.”

Roots suspects Judge Kelly, who has thus far sided with the government at every turn and sentenced his clients to decades in prison for misdemeanor trespassing and thought crimes, is unlikely to reverse course and drop the case.

“I’m not counting on Judge Kelly stepping up,” the crusading attorney told WND in an exclusive interview. “My ultimate goal is to get an evidentiary hearing where we can analyze the prosecutorial misconduct that occurred and really have the judge dig into this and investigate it.”

Roots criticized U.S. Attorney General Pam Bondi for inaction despite Trump’s order to dismiss all J6 “pending indictments.”

“Trump’s pardon states, ‘I [further] direct the Attorney General to dismiss with prejudice, all pending indictments related to January 6,'” he said. “This should apply to every live case – all these cases should be dismissed. The government is interpreting that to mean all cases that are still on appeal. These guys are walking around free – why maintain the appeals?”

After being charged with sedition plus about a dozen felonies, Rehl and Biggs lost their military veteran status. They are still being mandated by the U.S. Treasury Department to pay back the military benefits they received following the Capitol riot, to the tune of approximately $100,000 each.

With a long rap sheet that follows them the rest of their lives, marring them as felons and essentially domestic terrorists, staining their reputation and hindering professional prospects, the Proud Boys are calling on Bondi to purge the U.S. Attorney’s office of the lawbreaking prosecutors who refuse to clear their names.

As part of a purge of 200 FBI agents and 30 D.C. prosecutors tied to J6 abuses, Assistant U.S. Attorney Jason McCullough, once a key player in the Proud Boys case, was demoted to traffic disputes in February – a significant downgrade from his prior national security and major conspiracy casework.

Yet scores of prosecutors who opposed their motion to dismiss, like Jocelyn Valentine, remain active.

“Where’s Pam Bondi?” Roots quipped. “Trump promised to ‘clean house’ and get rid of all these weaponized prosecutors, but for some reason, a senior DOJ supervisor that was sitting in the courtroom supervising the prosecutors, remains.”

As Chief Judge James Boasberg spars with Trump over immigration and Elon Musk pushes for judicial ousters, Roots doubts Kelly – who sentenced his clients to decades in prison for trespassing – will probe the corruption.

For these commuted vets, the exposed DOJ plot is cold comfort without full exoneration.