Lawyers representing the five Proud Boys charged with seditious conspiracy have repeatedly sparred with U.S. District Judge Timothy Kelly during breaks in testimony.
face up to 20 years in prison if convicted of seditious conspiracy. Acquittals on the rarely used charge — which strikes at the heart of what prosecutors say happened that day — would be a setback in the government's Jan. 6 investigation, which continues to grow two years later.
The Proud Boys trial is on a pace to last several weeks longer than last year's landmark trial for Oath Keepers group leaders and members, who were charged in a separate Jan. 6 case. A dozen of the first 14 prosecution witnesses in the Proud Boys trial have been FBI agents and other law enforcement officials. Jurors also have heard testimony from a former Proud Boys member who cut a plea deal with prosecutors and a British documentary filmmaker who was embedded with the Proud Boys on Jan. 6.
One of Tarrio's lawyers asked for a mistrial after a witness said that Tarrio had burned a Black Lives Matter banner at a protest in Washington during a December 2020 demonstration by Trump supporters. J. Daniel Hull, one of Biggs' lawyers, told the judge on Jan. 19 that he saw a juror nodding off that morning. In response, the judge told lawyers that"focusing their presentations might help that issue."A day before the trial started, Hernandez said she felt compelled to withdraw from the case if the judge allowed prosecutors to show a particular video as evidence.
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