It took a full year for investigators to unlock the cell phone of Proud Boys leader Enrique Tarrio. Now the information collected is causing the trial over his actions on Jan. 6 to be put on hold.
Tarrio's phone wasn't encrypted, the investigators explained it was a bureaucratic problem. What was contained in those files is enough that Judge Timothy Kelly put the May trial date on hold, court documents show.
Legal affairs reporter Kyle Cheney posted excerpts from the court filings, saying that the judge found evidence gathered from the phone along with the unprecedented complexity of the Jan. 6 investigation was enough of a reason for the delay. The statement led Ethan Nordean's lawyers to argue that the delay is violating his Sixth Amendment right to a speedy trial. Judge Kelly, however, said that the Justice Department has acted with “reasonably diligence” in providing evidence and information to defendants.
Nordean also tried to have Tarro removed from his case, but Judge Kelly rejected the request as well.
See the screen captures of the filings below:
Kelly disagreed with Nordean, who argued that the govt has violated his speedy trial rights by repeatedly requesting delays. The judge said DOJ has acted with \u201creasonably diligence\u201d in its effort to produce evidence/discovery to defendants.pic.twitter.com/VyPOL5wlMa— Kyle Cheney (@Kyle Cheney) 1649820689