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William McCall Calhoun, a Georgia attorney who allegedly bragged that he was among the first who "kicked in Nancy Pelosi's office door" and fantasized about her being "torn into little pieces" is currently undergoing a detention hearing (already-in-progress). This is a thread.
A government attorney just pressed FBI agent Armentrout who prepared the affidavit and arrest warrant about the timing of Calhoun's social media posts--noted that they were made several hours before the Capitol siege and liked by dozens of individuals.
The witness steps down. The government moves to submit their case. The defense is up now making arguments.
Defense attorney running through the charges. Previously documented here: https://lawandcrime.com/u-s-capitol-siege/georgia-lawyer-who-allegedly-bragged-about-being-one-of-the-first-to-kick-in-pelosis-office-door-is-hit-with-serious-charges/
Defense says the only evidence the government offered so far is that Calhoun made social media posts about going to the Capitol "to voice objections about the electoral process." Says he was simply in the Capitol with a lot of other people.
Defense: "He used the royal 'we'." Argues this says "he was narrating and showing what was going on." Admits it can be read the government's way as well--but says if there's an equal possibility, it cannot support probable cause.
Defense also said that "on a normal day" the U.S. Capitol would be a public building that people are allowed to be in.
"We think the government has not met its burden," the defense says.
Government attorney responds. Again references Calhoun's social media posts and his intent to effect a change within the U.S. Congress. "We know he was in the building...there's not a lack of evidence...he's said it as plainly as it could be said."
Brief recess as the judge will review his notes and case law cited by the defense in service of their probable cause argument. During the interim, here's some of what we missed during the live-tweeting (apologies, the hearing started a bit earlier than the court said it would.)
During the government's brief case-in-chief, FBI Agent Armentrout identified Calhoun on a screen of a public video as being among the Capitol rioters. He also cited an Atlanta Journal-Constitution interview where he described himself and others as "heroic" and "patriotic."
Defense then moved to trip up Armentrout by citing the affidavit claiming Calhoun "encouraged a crowd of individuals who forcibly entered the U.S. Capitol." The attorney's lawyer asked what evidence the government had to support that accusation.
Armentrout said that "the entirety of the circumstances" on the day in question combined with what "he posted online" was enough to support that line in the affidavit.
The defense then honed in on the unlikelihood that Calhoun's social media posts would have been read in real-time during the siege. Armentrout attempted to brush that off by saying that "his social media posts are indicative of his mindset."
The defense continued to forcefully press the agent. Asked whether there were any "photographs or video evidence" of Calhoun actually breaking into Pelosi's office, Armentrout conceded there were not.
Similarly, the defense asked if there were any videos of damage or assault involving Calhoun specifically. Again, Armentrout conceded the point--occasionally noting that there was, however, ample video evidence showing him in the Capitol on January 6.
"We have no videos or photos of him in the office, no," FBI Special Agent Timothy D. Armentrout.
The defense also asked about the number of social media followers that Calhoun had on the day of the failed insurrection. Armentrout said he didn't know but only because Calhoun deleted all his profiles. (This prompted the government to mention the number of likes on his post.)
There was also a brief discussion about the "royal we" that the defense reprised for the judge's benefit.
The government wants to keep it based on what's in the court papers. The defense, obviously, wants to chip away by saying the affidavit assumes too much. That about brings us up to speed. We'll be back shortly with the judge's take on the defense's probable cause argument.
Court in session: "With regard to probable cause, there are three charges set out in the complaint," the judge notes.
The charges:
The judge finds PC to support 18 U.S.C. § 1752(a).
The judge finds PC to support 40 U.S.C. § 5104(e)(2).
As for the felony charge, 18 U.S.C. § 1512(c)(2), the crime of obstruction of an official proceeding. "The defendant joined a large mob of people who disrupted the Capitol proceedings...it's clear that the defendant was involved in that."
Judge adds that Calhoun's social media posts show that he intended to "Stop the Steal or whatever" and "disrupt the Congress." The defendants own words support the charge. The judge rules in favor of the government.
Judge notes that the felony will require an indictment. This is procedural and largely pro forma but by no means guaranteed. Need a grand jury here.
Government questioning Armentrout again. FBI agent says has reviewed somewhere around 150-200 social media posts. He singles out the relevant exhibits here. They are Twitter posts. Says they are from Calhoun's account.
One such post: "Standing by and when Trump makes the call, many of heavily-armed patriots" will deal with "the Chicom Democrats. Oh yeah, the military and police are on our side."
Another post: a picture with a caption "hang the bastards."
Another post: takes aim at BLM and anti-fascists. Says there is an intent to "hang 'em high" and that "in Georgia" we have "a right to self-defense you idiot."
Another post: takes up the honor of one Tiffany [Trump?] and promises "headshots" (shots in the head).
Another post: promises "hot lead" for communists.
Another post: "War is coming," again evidences an obsession with communists.
Another post: Deals with "ejection stealing" [sic].
Another post: "We've got to get serious about stopping them with the force of arms...I'm a lawyer saying these things."
Another post: Calls for "violent retribution against the media and the Democrats."
Another post: Asks for "upvote"s if people are ready to storm Washington with an AR.
Another post: "Think ethnic cleansing but it's anti-communist cleansing."
