Report: FBI Caught Doctoring, Destroying '338 Items of Evidence' in Jan. 6 Proud Boys Case
CORRECTION, March 13, 2023: The original headline of this article misstated the number of evidence items said to be ordered to be destroyed. It is 338.
The FBI has been accused of doctoring evidence against a defendant who was involved in the Capitol incursion.
The controversy erupted last week after an attorney for Ethan Nordean, a Proud Boys member facing charges over the events of Jan. 6, 2021, said “hidden” messages between FBI agents had been found in a document presented to the court by FBI Special Agent Nicole Miller, according to Newsweek.
“[A] close examination of the agent’s sheet revealed over one thousand hidden Excel rows of messages,” a court document said.
“Nordean must be permitted to cross-examine Miller with the hidden Lync messages to determine whether defendants’ Sixth Amendment rights have been violated through government collection of attorney-client communications about trial strategy,” said the court filing by Nordean’s attorney, Nicholas Smith.
The disclosure resulted in a pause on the trial of several Proud Boys members until next week, including Dominic Pezzola, a co-defendant of Nordean’s who is facing obstruction and conspiracy charges.
BREAKING: Drama in the Proud Boys trial yesterday after FBI agent caught lying on the stand and concealing evidence from defense attorneys.
Motion filed this morning from Nick Smith, attorney representing Ethan Nordean.
This is what happens when a rogue, corrupt FBI… pic.twitter.com/iNVnIIgPLn
— Julie Kelly 🇺🇸 (@julie_kelly2) March 9, 2023
Roger Roots, an attorney for Pezzola, explained the significance of the find.
“There are a couple of emails between FBI agents casually discussing altering a document and destroying hundreds of pieces of evidence. It’s very disturbing and right now we have more questions than answers,” Roots said, according to the Epoch Times.
Roots then filed a motion to dismiss the charges against Pezzola.
The motion said that “[in] the Nordean case, confidential attorneys-client trial/defense strategy and position was wrongfully obtained by the government, about which was overheard, shared, utilized, where potentially ‘338 items of evidence’ were ordered to be ‘destroyed.’”
In a separate filing, Miller is quoted as saying “[her] boss assigned [her] 338 items of evidence [she has] to destroy.”
More Proof we have a rogue, weaponized FBI
Julie Kelly: “Drama at the Proud Boys trial after an FBI agent caught lying on the stand and concealing evidence from defense attorneys.”
🔥FBI Agent’s request to special agent Miller: “EDIT OUT THAT I WAS PRESENT.” This is not just… https://t.co/fXTMph9FLi pic.twitter.com/UWo1LZE2bd
— LionHearted (@LionHearted76) March 10, 2023
The motion said “a secret hidden tab in an FBI spreadsheet showed some of Agent Miller’s emails in which the FBI agent admitted fabricating evidence and following orders to destroy hundreds of items of evidence.”
“If justice means anything, it requires this case to be dismissed,” the motion said.
“My thoughts are we need a longer pause to get to the bottom of some of Agent Miller’s emails,” Roots said.
The motion also cited footage from Jan. 6, 2021, aired by Fox News host Tucker Carlson in the effort to dismiss the charges. The footage showed protester Jacob Chansley walking through the Capitol in the company of Capitol police, who were not making any physical effort to remove him.
“This footage is plainly exculpatory; as it establishes that the Senate chamber was never violently breached, and — in fact –was treated respectfully by January 6 protestors. To the extent protestors entered the chamber, they did so under the supervision of Capitol Police,” the motion claimed.
Truth and Accuracy
We are committed to truth and accuracy in all of our journalism. Read our editorial standards.