Prosecutors’ witness list offers glimpse into Jan. 6 trial strategy


The witnesses additionally embrace three Capitol Police officers who say they tried to cease Reffitt’s advance with pepper balls and chemical spray.

Sgt. Adam DesCamp, Sgt. Matthew Flood and Officer Shauni Kerkhoff are anticipated to explain confronting Reffitt outdoors the Capitol in addition to calling for and deploying their non-lethal weapons in opposition to him. Their testimony will likely be supported by surveillance video clips, radio clips and photographs taken of their interactions with Reffitt.

A fourth Capitol Police official, Inspector Monique Moore, can also be slated to testify. Moore oversaw the division’s command heart that day and prosecutors say she is going to focus on the riot’s total impression on the division, in addition to its impact on the continued effort by Congress to rely Electoral College votes.

The witness list additionally reveals that jurors will get a historical past lesson on the Electoral Count Act from former Senate aide Daniel Schwager, who was counsel to the secretary of the Senate on Jan. 6, 2021, and was on the Senate flooring when rioters broke into the constructing and compelled them to evacuate. Schwager, prosecutors say, will clarify to jurors how the Jan. 6 session of Congress labored and its significance in finalizing the outcomes of presidential elections.

The witness list underscores the complexity of the case prosecutors should lay out to determine proof past an inexpensive doubt that Reffitt breached Capitol grounds with the intent of disrupting Congress’ Electoral College counting session — and that his actions contributed to interrupting that course of. To try this, jurors should have an understanding of the difficult Jan. 6 proceedings and complicated procedures adopted by the Capitol Police, the Secret Service and the FBI.

Reffitt’s case is without doubt one of the extra uncommon to emerge from the Capitol riot partially due to his household’s position. He was one of many first rioters arrested and charged with felonies after the Jan. 6 assault and has been held in pretrial detention for almost a year.

Reffitt’s trial is slated to start Feb. 28 and might be the primary arising from the Capitol assault to come back earlier than a jury. But federal trials have been in flux and repeatedly postponed because the courts grapple with Covid-related restrictions and delays. Judges have emphasised they intend to prioritize trials for detained defendants like Reffitt.

The Justice Department revealed it plans to name Reffitt’s two kids — together with his son Jackson Reffitt, who reported his father to the FBI in December 2020 after which secretly recorded him after he returned dwelling from Washington in January 2021. Jackson Reffitt has publicly talked about his efforts in variousmedia interviews over the previous year.

Both of Reffitt’s kids are anticipated to testify about what the federal government has described as threats their father made to his household to forestall them from reporting him to federal investigators.

In addition, prosecutors say they may name a fellow member of the Three Percenter militia group that Reffitt was a part of. This affiliate “traveled with the defendant from Texas to Washington, D.C., and back between January 4 and 8, 2021,” they are saying.

“He will testify about how he knows the defendant, discussions he had with the defendant, their travel arrangements, the defendant’s firearms and tactical gear, and the defendant’s movements and actions.”

The witness, solely recognized as R.H. within the new submitting, was granted immunity in alternate for his testimony.