In his latest motion, Defense Counsel for Dominic Pezzola moved to DISMISS entire case with PREJUDICE due to the content of messages found within FBI Agent Nicole Miller’s spill of sensitive, but not confirmed to be classified materials to the defense.
“Pezzola herein submits that (1) Special Agent Nicole Miller’s messages from fellow FBI agents contain extremely casual discussions of evidence tampering, witness tampering, destruction of evidence, and fabrication and alteration of documents relating to CHSs among Miller and her FBI colleagues. (2) These acts constitute serious federal crimes including obstruction of official proceedings (18 U.S.C. 1512(c)), wire fraud (18 U.S.C. § 1343), honest services fraud (18 U.S.C. 1346), falsifying records (18 U.S.C. § 1001(a)), evading a taint team (18 U.S.C. 1505) and evidence tampering (18 U.S.C.1519). (3) The unceremonious and uninhibited nature of Miller’s discussion of committing these serious crimes suggests an FBI culture of corruption and lawlessness that must be immediately stopped, and fully investigated.
Further, SA Miller’s hidden messages reveal casual discussions among the FBI regarding the monitoring of codefendant Rehl’s trial strategy, Rehl’s defenses and “interesting” points, and ways the government can get around Rehl’s defenses. Contrary to assertions by the United States, this monitoring was explicitly intentional, knowing, systematic and willful (“need to find other emails”). Additionally, these messages indicate Miller’s (and the FBI’s) awareness that the government’s conspiracy claims in this case are false and that such allegations can only succeed by trickery and overzealousness by the U.S. Attorneys Office (“my AUSA is just a little overzealous”).
Far from conspiracy theory, it appears that a full-scale frame job was not only perpetuated against the Proud Boys, but that the FBI KNEW what they were doing to be illegal, as they forged ahead anyways.
Roots notes on the first page read:
“It must be noted that SA Miller’s messages were all on a LYNCS network channel specifically relating to Proud Boys cases. Thus, any claim that talk of ‘destroying 338 pieces of evidence’ or altering records to eliminate specific agents’ names might apply to other cases is untrue.
Counsel recalls that SA Miller seemed to have suspiciously deleted her own messages, while retaining the incriminating messages of her FBI colleagues. “found an email thread with REHL and his attorney MOSELEY. the attorney raised some interesting points and arguments”; “nope. he mentioned how the government did things improperly”
Counsel recalls, but did not note, Miller’s understanding that FBI colleagues were tracking Rehl’s (and others’), emotional states, family relationships and financial conditions in real time, in order to exploit such pressures into getting false guilty pleas from codefendants.
“The only conspiracy is The Conspiracy team conspiring against the other teams.” Assistant US Attorney United.
UPDATE: Unfortunately, Judge Kelly eventually bought the Cover-Up artist, Jocelyn Ballantine’s crap cover story about how Miller’s deleted files were unrelated to the Proud Boys case and that none of her messages constituted as evidence of Misconduct – but SINCE that day, the DOJ has also produced evidence of MORE CHS’s never disclosed to Defense, including Jen Loh, a long time right-wing organizer who kept her involvement and close friendships with her FBI handlers a secret for almost 4 years, and more recent revelations that may unravel the entire case, if permitted into the courtroom.
Pray Judge Kelly allows it.
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