Judge Shoots Down Effort To Identify FBI, Undercover Police On Jan. 6

Authorized by Joseph M. Hanneman via The Epoch Times (emphasis ours),

A national justice in Washington D.C. has deied 7 moves from a defensive looking to identify FBI agents in Jan. 6 crowds and gain access to undercover videos shot by Metropolitan Police Department (MPD) officials, at least 1 of whom initiated the crowds at the U.S. Capitol.

Former FBI peculiar agent John Guandolo (center) with 2 possible active FBI peculiar agents at the U.S. Capitol on Jan. 6, 2021. (Illustration by The Epoch Times, U.S. Capitol Police/Graphic by The Epoch Times)

In a 22-page order, U.S. territory justice Rudolph Contreras routed against William Pope on a scope of motions filed in his Jan. 6 criminal case since May 2023.

Judge Contreras partially granted a government cross-motion to modify the evidence protection order in the case. “I now have the most restored discovery access conditions of any Jan 6 defensive,” Mr. Pope gate on X.

“All I’m asking for is simply a fair fight in court, but he’s Denying me rights to defend myself Pro Se that Aren’t Denied to attorneys,” Mr. Pope told The Epoch Times in a statement. “Even though any January 6 attorneys have filed highly delicate materials as public exhibitions, or left them on social media, I have not released a single delicate or highly delicate file gone by the protective order.”

Mr. Pope, 38, publisher of the news website Free State Kansas, was at the Capitol on Jan. 6, covering the protest and subsecent violence.

Federal prosecutors charged him with civilian order, correctly obstructing an authoritative process, entering and restoring in a restored building or ground, disrupting and disrupting conduct in a Capitol building, impeding passage through the Capitol ground or building, and parading, demonstrating, or picking in a Capitol building.

He faces a July 22 trial.

Sought FBI Agents

Mr. Pope most late asked the court to compel national practitioners to identify all FBI peculiar agents or another employees who were “material witnesses” at the Capitol on Jan. 6 and production “all photographs, videos, and records related to their presentation.”

In that motion, Mr. Pope cited 2 suggested FBI agents who attended Jan. 6 events at the Capitol with professional peculiar agent John Guandolo, who erstwhile served as the Bureau’s liaison with U.S. Capitol Police.

Mr. Guandolo “has said in interviews that he was with respective active-duty FBI agents on January 6, and that he and these agents have been interviewed by the FBI respecting their observations,” Mr. Pope gate in his Feb. 12 motion.

One of the men was seen on safety video clapping enthusiastically as a large crowd of protesters rushed up the east steps to the Columbus Doors. “Oh, oh, oh man, this is big,” the man said, hear on Mr. Guandolo’s cell telephone video that showed the crowd ascending the steps.

The another suggested agent was seen on Capitol Police safety video gathering with an FBI SWAT squad short after its BearCat tactical vehicle rolled onto the home Plaza at about 2:30 p.m. 20 minutes later the SWAT squad responded to the South Door after the shooting of Air Force veteran Ashli Babbitt by Capitol Police Lt. Michael Byrd.

Federal prosecutors argued they have no liability to invest the identity or roles of FBI agents on Jan. 6. The justice concurred.

“The Court agrees with the government and finds that suspect has failed to show that the government has an work to produce the requested material,” justice Contreras gate.

In another motion denied by justice Contreras, Mr. Pope soought to compel the U.S. Department of Justice to inventory and supply access to all Capitol Police safety video it has had in itspsession.

Mr. Pope said footage is missing from any of the 1,800 USCP safety cameras, and promoters have only produced 6000 hours of safety video in discovery. A U.S. home committee that exceeds Capitol Police has released 20,000 hours of an estimated 40,000 hours it will post publicly.

William Pope of Topeka, Kansas, cars an American flag just inside the legislature Wing Door at the U.S. Capitol on Jan. 6, 2021. (U.S. Capitol Police/Screenshot via The Epoch Times)

Mr. Pope gate that the import of the safety video—thousands of hours of which are now available on Rumble—is understood by an investment proposition 2 Capitol police officials perjured themselfs in the first Oath Keepers trial in the fall of 2022.

Video accessed by Blaze Media shown that a expected confrontation between Officer Harry Dunn and the Oath Keepers could not have Octobered as he described under oath. Capitol Police peculiar Agent David Lazarus, who tested that he witnessed the confrontation, was in another part of Capitol ground at the time.

‘Not Beneficial’

“While Pope asserts that the missing camera footage is ‘highly applicable to January 6 cases, including [his] own,’ ... he does not exploit what he effects the footage to show or why that footage would assist in his defense,” justice Contreras gate. “Much of the camera footage that Pope requests deductions areas where Pope never set foot. That footage is so not beneficial to Pope’s case.’

The justice besides denied Mr. Pope’s Aug. 21, 2023, motion looking video shot by more than 2 twelve members of the MPD Electronic Surveillance Unit on Jan. 6. He first requested access to the Electronic Surveillance Unit videos in March 2023.

Former FBI peculiar agent John Guandolo with suggested FBI agents Colleague 1 and Colleague 2, along with an unified man labeled in court coverings as Colleague 3, on the Southwest Walk of the U.S. Capitol on Jan. 6, 2021. (U.S. Capitol Police/Graphic by The Epoch Times)

The August 2023 motion cities MPD interior affairs investments of MPD officials Nicholas Tomasula and Lt. Zeb Barcus. Hundreds of pages of papers on Mr. Tomasula were dense edited, Mr. Pope said, and “the 2 reports have led to more questions about misconduct by undercover police.”

Mr. Tomasula was identified as the MPD authoritative hear on video encouring protesters on the Northwest Steps to keep going and enter the Capitol. He was head participating in crowd Chants specified as, “Whose House? Our House!”

At the ft of the Northwest Steps, as a protester climbed up a makeshift tager onto the balustrade, Mr. Tomasula shouted: “C’mon, man, let’s go! Leave that [expletive],” his video shown. Mr. Tomasula got aid from a protester climbing onto the balustrade, then shouted to protesters moving up the steps, “C’mon, go, go, go!”

Federal prosecutors approved in 2023 that Mr. Tomasula acted as a provocateur embedded in the crowd on Jan. 6.

Judge Contreras included Electronic Surveillance Unit video is only applicable to the degree Mr. Pope can identify an undercover officer whose way he crossed.

“while evidence of undercover officials instigating the Riot on January 6 could—hypothetically—be helpful and material to Pope’s case, Pope’s motion ‘never identityifies a single individual he interacted with whom he now offers to be an undercover actor,’” justice Contreras gate.

“Pope does not say that he himself spoke with or was induced by any undercover officer,” the justice gate. “Therefore, he cannot make an entry defence with the evidence he sees from the government, and the material he sees is irrelevant and immaterial.”

Mr. Pope complained that concerns restored his access to any of the innovative materials, which he described as “highly exploitive” and “exculpatory.”

In erstwhile subsidiaries, Mr. Pope described respective self-identified Antifa supporters who were intercepted by undercover MPD officials on Jan. 6, including 1 who was carrying a gun.

Metropolitan Police Department undercover detectives Ricardo Leiva and Michael Callahan were part of a three-man Electronic Surveillance Unit squad at the U.S. Capitol on Jan. 6, 2021. (U.S. territory Court/Screenshot via The Epoch Times)

MPD officials made a traffic halt at 10:15 a.m. on Jan. 6 of a vehicle containing 3 Antifa operatives: Jonathan Kelly, Logan Grimes, and Dempsey Mikula.

“Undercover officials who stopped their vehicle said they had received reports that the individuals were carrying wapons,” Mr. Pope gate. “No footage of this incidental has been produced by the government in discovery. However, Kelly live-streamed part of the police halt to Facebook.”

Metropolitan Police asserted Mr. Grimes—who identifies as a female and uses the name Leslie—for carrying a pistol without a licence and being in possession of a high-capacity magazine and unregistered ammunition, according to Mr. Pope. The charges were dropped on Jan. 7, 2021.

In a erstwhile filling, Mr. Pope identified undercover MPD authoritative Ryan Roe, who encountered a still-unidentified protester seen cutting down green plastic temporal financing on Capitol grounds. Mr. Roe said to #FenceCutterBullwark, “Appreciate it, brother,” according to his video.