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Remember Jennifer Kerkhoff, the former DC US Attorney who tried to lock up #J20 protesters mass arrested at Trump's inauguration for 80+ years?
She goes by Jennifer Kerkhoff Muyskens now and her ethics trial at the DC Bar starts today - she could get disbarred:
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Kerkhoff and the entire US Attorney's office got sanctioned by DC's Chief Judge in 2018 after proof surfaced that they had illegally altered undercover videos taken at protest planning meetings before providing those videos to the court: https://unicornriot.ninja/2018/prosecutors-illegally-withheld-evidence-from-trump-inauguration-protesters-judge-finds/
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Anarchists & antifascists held a militant anti-capitalist march to resist the start of Trump's first term, w some marchers fighting police & destroying property.
Starbucks & Bank of America locations and a limousine were among the casualties that day: https://unicornriot.ninja/2017/no-peaceful-transition-trump-thousands-disruptj20-washington-d-c-inauguration-day/
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DC police trapped and arrested as much of the group as they could, and everyone present was hit with mass felony charges - the case against #J20 demonstrators was based almost entirely on conspiracy & "mere presence", with most defendants not accused of specific criminal acts: https://unicornriot.ninja/2017/protesters-face-80-years-us-attorney-brings-unprecedented-mass-felony-charges/
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Kropf describes concerns about Detective Pemberton (Kerkhoff's star witness) showing "bias on social media" - saying he "liked or reposted things... opposed to our clients..."
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The DC Bar Association's Board of Professional Responsibility has broken for lunch - Day 1 of the ethics trial of former DC prosecutor Jennifer Kerkhoff will resume at 1:30 pm eastern time: https://www.youtube.com/@d.c.bprhearingcommitteeliv1642
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Kropf says she remembers MPD undercover officer Adelmeyer describing talk of "disrupting" during the planning meetings he infiltrated but not specific preparations for violence or destruction beyond vague comments like "we're gonna fuck up the city"
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"[Kerkhoff] told the jury that... Adelmeyer told the govt that [protesters at #DisruptJ20 organizing meeting] discussed preparations for violence and property descruction" - Sara Kropf
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"Since they didn't have direct evidence of my client's intent this was a way to get to circumstantial evidence" - Sara Kropf
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O'Brien: Is that info you would expect the govt to disclose?
Kropf: Absolutely... if anything on those videos suggestes the protests were suggested to be nonviolent or suggest the lack of planning for anything violent that is crucial evidence... the govt is obligated to give it to us
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O'Brien: Regarding the planning meeting videos, did the govt prove your client attended that meeting?
Kropf: They did not... they used phrases like "well, everyone who showed up got the memo"
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O'Brien reads closing arguments by Kerkhoff's co-counsel Rizwan Qureshi:
"These defendants and their co-conspirators agreed to destroy your city and now they're hiding behind the First Amendment"
Kropf: Our argument was that our clients were protesting and protected by the First Amendment
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O'Brien: Were you aware, at the time of the trial, that the government had been withholding additional planning meeting videos?
Kropf: No... defense had discussed that it seemed like they had been edited
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O'Brien asks Kropf about Kerkhoff's assurances that she had provided full, unaltered evidence to the court:
"Why did you trust the government?"
Kropf laughs - "We didn't have much choice."
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O'Brien asks Kropf to describe MPD Detective Gregg Pemberton's description of video evidence introduced by the govt - says Pemberton just said the govt received the videos "on a hard drive", didn't say the videos came from Project Veritas and didn't mention that segments of the videos were withheld.
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Kropf says Pemberton said he received 4 videos, and that 3 showed the planning meeting alleged to implicate her client and other defendants.
O'Brien: When did you learn there were actually other videos?
Kropf: After our trial.
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O'Brien [DC Bar Disciplinary Counsel}: What was your client's intent that day?
Kropf: She was a medic... she was there wearing a red cross... the govt's theory was that she joined a conspiracy to riot bc she came... prepared to provide first aid...
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O'Brien has been asking Kropf some more about evidentiary stuff from the first #J20 trial where Kropf represented a nurse arrested while acting as a street medic during protests during/after Trump's first inauguration in DC on Jan. 20, 2017.
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O'Brien: were you aware before the trial that the videos the govt referred to as "planning meeting videos" had come from Project Veritas?
Kropf: I was not.
O'Brien: In-trial was the first time you learned that?
Kropf: From the govt... yes.... defense [had] been asking about it
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"The govt's theory was that these protesters simply by showing up and wearing black clothing had agreed to join a conspiracy to commit various felonies." - Sara Kropf
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Kropf says First Amendment considerations were "something we fought quite a bit about" as defendants were being held liable for the acts of others just based on being present at the same event - claiming they "willfully joined the conspiracy"
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Sara Kropf, first witness in the DC Bar ethics case against Kerkhoff, is beginning to testify now. She's a defense attorney and Georgetown grad who would eventually represent a #J20 defendant at the first trial in Nov-Dec 2020
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"The govt alleged that a group of 100s of protesters engaged in rioting... after the 1st inauguration of Donald Trump... our trial group was made up of ppl who were not accused of committing any acts of violence or destruction that day." - Sara Kropf
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Kropf's client, who was just protesting, was "charged with felony riot, inciting to riot and a host of malicious rioting charges"
O'Brien: "Was your client rioting?"
Kropf: "She was not."
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Hoffinger says Kerkhoff consistently made a "good faith attempt" to meet evidentiary obligations and follow procedure, comply with court orders etc
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"There was no road map for the endless road map of issues, defendants and complications in this case... the case was grossly understaffed.. the case was on the shoulders of Ms. Kerkhoff... the word 'Herculean' is an understatement..." - Hoffinger (Kerkhoff's counsel)
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"There was no intentional misconduct, no intentional withholding of evidence [etc.]" - Hoffinger finishes his opening statements on behalf of Respondent and former, now "retired" Assistant US Attorney Jennifer Kerkhoff Muyskens (formerly just Kerkhoff as of the #J20 cases)
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Hoffinger says that the evidence against Kerkhoff in the DC Bar Office of Disciplinary Counsel's case will primarily be based on testimony from defense lawyers whose clients were prosecuted by Kerkhoff - several of whom filed lawsuits, one of which is still pending
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Hoffinger cites as evidence of bias in this case a blog written by an attorney and upcoming witness that "noone was particularly surprised" by the mounting ethics case against Kerkhoff
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Hoffinger tells the Chair stickers saying "Fuck Off Kerkhoff" were placed by the US Attorney's Office in DC and that his client has been referred to as "Jerkoff"
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Hoffinger refers to Project Veritas undercover videographer's comments that "organizers" "don't know any of the upper echelon stuff" - part of the video that was deleted before given to the court - as "just his opinion" and not exculpatory evidence
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Hoffinger tells the DC Bar that Kerkhoff was trying to be considerate about #J20 defense counsel complaints about having tons of evidence "dumped" on them and was also trying to "protect the First Amendment rights of individuals not involved in the rioting."
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Hoffinger says Kerkhoff was at times "walled off from interacting directly with the court" bc of directions from her supervisors at the DC US Attorney's Office
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"There were routine redactions made throughout... edited is a funny word... editing does not mean manipulating... there was no exculpatory information that was intentionally withheld... [or] edited..." - Hoffinger on behalf of Kerkhoff
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Hoffinger refers to a "call to action" by #J20 defendants' supporters to pressure Kerkhoff early in the case and says the "ODC [Office of Disciplinary Counsel]" "has now joined that call" - refers to DC bar emails citing "evidence of... misconduct" as evidence of this.
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Hoffinger refers to a "call to action" by #J20 defendants' supporters to pressure Kerkhoff early in the case and says the "ODC [Office of Disciplinary Counsel]" "has now joined that call" - refers to DC bar emails citing "evidence of... misconduct" as evidence of this.
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Kerkhoff's attorney Hoffinger moves on to talking about the Project Veritas video - "[Undercover] Officer Adelmeyer testified that the video corroborated... it doesn't matter... if it was filmed by Project Veritas or John Doe... he... testified it hadn't been edited..."
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Kerkhoff's lawyer Hoffinger starts arguments w a description of black bloc participants "concealing their identity" "carrying hammers", "smashing windows", "throwing trash cans" etc:
"McDonalds was destroyed!"
"They set a limousine on fire!"
"Police officers were attacked!"
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Hoffinger is going on about alleged harassment against Kerkhoff as she led the mass prosecution of protesters that would later get her entire office sanctioned. Citing security details at her home, claims without evidence there was a bomb threat at her home.
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Kerkhoff's attorney does his best to lend a sense of grace to his client as he tells the DC Bar that she has "ended her government career" and "is now retired"
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"Repeated false statements to the defense and the court... about the full extent of the editing of the videos... the full extent of the evidence possessed by the government...providing the court with false justifications for withholding the evidence..."
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"There were court orders... that the government disclose everything in its possession and disclose grand jury transcripts, and she did not do that."
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"The thing about this violation is it's so easy for a prosecutor to avoid, all they have to do is disclose... she doubled down by trying to cover it up... a willingness to disregard the truth when it suited her purposes."
-DC Bar Disciplinary Counsel Sean O'Brien
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"The evidence that was withheld was exculpatory as to the intent of all the [#J20] defendants... especially defendants that were present at any of the planning meetings" - O'Brien
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O'Brien cites DC Superior Court Chief Judge Robert Morin's findings that "evidence of the discussion of nonviolent activities... at the same location as discussion of criminal activities... would be exculpatory... [and] important to a jury's decision..."
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"Respondent was intentionally suppressing information which... is evidence of consciousness of guilt."
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Kerkhoff claimed that the videos she did not provide were from an "action camp" held at American University - a description of these videos included training in "deescalation" and nonviolence
O'Brien: "that alone would constitute exculpatory info in the context of this case"
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The govt argued [at trial] that all #J20 protesters planned to be violent [or]... support elements that were criminal..." - DC Bar Disciplinary Counsel Sean O'Brien
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O'Brien cites video of a Jan. 17, 2017 spokescouncil meeting re: #DisruptJ20 planning meeting - "What is not audible.. in this meeting... is any discussion of violence or discussion of confronting the police... what is discussed... is things like having a police liason..."
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"[Kerkhoff] watched the videos, she took notes on them, and then she made an intentional decision not to disclose them." - Sean O'Brien
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O'Brien presents a 2018 court filing in which Kerkhoff disclosed receiving 7 videos from Project Veritas - but only 3 videos were disclosed to the first trial group in 2017.
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Kerkhoff claimed that "the videos that were not disclosed" did not fall under Brady rules of evidence disclosure (exculpatory aka could help prove the defense's case)
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Kerkhoff cited planning meeting discussions about visiting "gentrified neighborhoods", "wearing all black", "unarrest" and "safety in the group" to prove that everyone attending "got the memo" to either engage in destruction & violence or indirectly support such
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Kerkhoff introduced portions of the Project Veritas video that seemed to implicate protesters but knowingly withheld about an hour of footage that was edited out that would have supported the defense's case, DC Bar Disciplinary Counsel says
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In November 2017 DC Superior Court Judge Lynn Leibovitz, presiding over the first trial of #J20 defendants, asked Kerkhoff about disclosing the source of the Project Veritas videos, Kerkhoff said "I don't think anyone ever asked me."
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"The evidence will show that multiple questions were asked." - DC Bar Disciplinary Counsel Sean O'Brien, just now
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Kerkhoff's closing arguments at the first trial quoted undercover officer Adelmeyer's testimony that "destruction of property was discussed and planned" at Trump inauguration protest planning meetings - a claim repeated by various DC police officials - "the riot was planned", etc.
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Grand jurors asked for assurance that the Project Veritas videos wouldn't be "edited, biased or distored" and Kerkhoff promised to provide "information about where it came from and how it was edited" as the case proceeded.
(Narrator: she didn't.)
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Disciplinary counsel says Kerkhoff instead sought to use DC Police undercover officer Brian Adelmeyer to authenticate the Veritas videos in court without disclosing the actual source of the video.
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The same video was also used in a search warrant singed by (Kerkhoff and Detective Pemberton) to raid a protest organizer's home - the source of the video was just called a "third party" "non law enforcement" individual
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"Kerkhoff... and Detective Pemberton made a purposeful decision to use videos they received from Project Veritas of protest plannning meetings...without disclosing that Project Veritas was the source of the videos..."
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DC Bar Disciplinary Counsel O'Brien says Kerkhoff/Pemberton knew #DisruptJ20 was a "far-left" group and also that Project Veritas, who they sought to secretly use as a source, was "far-right" in a way that would "undermine" credibility of the evidence and be a "can of worms"
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Disciplinary counsel is showing a grand jury transcript where Kerkhoff told a grand juror that Project Veritas did seek to "subvert" #DisruptJ20, the group Kerkhoff sought to criminalize.
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Kerkhoff's ethics trial re: #J20 prosecution is getting underway now after a procedural delay - catch the stream at top of thread!
DC Bar Office of Disciplinary Counsel Sean O'Brien is outlining the events on Jan. 20, 2017.
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"They kettled the protesters...many from the crowd fled the scene including approx 70 people.. broke through the police line and were able to escape.... the police arrested the remaining 230+..."
"Individuals arrested were charged under the theory that the crowd was acting as a unit... everyone... was helping to facilitate the violence and destruction... Ms. Kerkoff charged...all... with felony riot..."
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"The first trial group included 6 defendants, none of whom were alleged to have engaged in any violence or any destruction of property... The jury acquitted all 6 defendants."
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Before the break, DC Bar Disciplinary Counsel Sean O'Brien asked Sara Kropf, who represented a defendant in the first #J20 trial group, about the American University "action camp" video withheld by the prosecution.
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The video from AU - which Kerkhoff didn't give to the court during Kropf's client's trial - showed discussions re: nonviolence and deescalation by some protesters and organizers. Kerkhoff's case used the videos she DID provide to claim all protesters present conspired to riot.
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DC Bar Board on Professional Responsibility has reconvened after lunch - years after ethics complaints filed over her illegally hiding evidence while prosecuting protesters arrested at Trump's 2017 inauguration, Jennifer Kerkhoff may lose her law license
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DC Bar Disciplinary Counsel Sean O'Brien played a short clip of the undercover video taken by Project Veritas infiltrator at the 1/8/17 #DisruptJ20 planning mtg (which Kerkhoff used in court while hiding the source) - mostly just to illustrate what evidence is being discussed
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O'Brien reviews with witness Sara Kropf part of a transcript from another Project Veritas undercover video, from the #J20 "action camp" at American University that discussed "deescalation" and "peacekeeping."
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Kropf testified that the AU video was not disclosed to her when she defended her client at trial & that this video would have been exculpatory bc the govt claimed planning meetings proved a conspiracy to commit violence that her client was a party to.
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