In a motion filed on Thursday, January 6 defendant and Proud Boys member Dominic Pezzola requested that all undercover operatives and confidential human sources (CHS) relating to the events on January 6 2021 in the nation’s capitol be disclosed.
The Motion to Compel Disclosure of All Confidential Human Sources of Homeland Security, posted to Twitter by American Greatness senior writer Julie Kelly, stated that "Pezzola recently learned that a federal agency other than the FBI — the Homeland Security Investigations (HIS) unit — was handling and running undercover CHSs on Jan. 6."
"The federal prosecutors, in this case, are refusing to disclose information regarding these non-FBI informants," the motion continued. "The existence, and likely conduct of these CHSs is almost certainly exculpatory for Pezzola."
The motion stated that these CHSs on January 6, Pezzola learned, were working for Washington, DC’s Metropolitan Police Department and HIS.
"At least two law enforcement agencies each outnumbered the FBi in terms of running undercover agents, informants, and CHSs on Jan. 6. First, the DC Metro Police had at least 13 undercover plain-clothes agents among the Proud Boys and other patriots on Jan. 6," the motion stated.
"Next, there appear to have been some 19 CHSs on Jan. 6 belonging to an agency called HIS (Homeland Security Investigations). When added to the 8 FBI CHSs now acknowledged by the prosecutors, this means that there were at least forty (40) undercover informants or agents doing surveillance among defendants on January 6."
The motion revealed that on March 31, "federal prosecutors in this case pulled defense lawyers aside and revealed that the United States possessed previously undisclosed information regarding MPD officers working undercover on Jan. 6," and that "specifically, there are previously undisclosed text messages between the undercover officers and Proud Boy supporters which evidence very close, familial, and/or intimate contact and relationships."
This information involved 12 undercover or plain closed Dc MPD officers, which the motion noted is now known to be 13, among the demonstrators that day.
"Some of these undercover Metro officers marched with the Proud Boy march. And some appear to have played roles of instigators, in that they are seen on body-worn videos chanting 'Go! Go!,' 'Stop the Steal!,' and 'Whose house? Our house!' on Jan. 6. Others generally followed demonstrators toward the Capitol," the motion stated.
"With each bombshell, the government generally begins its responses to late disclosure complaints by saying the government was provided the information; even if buried in mountains of unnavigable discovery debris. But in this situation, prior discovery dumps did not provide all the information," the motion later added.
"Buried in this discovery was a chart naming twelve Metro officers working for the unio on Jan. 6. But an additional, thirteenth undercover Metro officer was revealed in the recent revelations. (And coincidentally, the thirteenth undercover officer appears to have been the most vociferous in promoting the storming of the Capitol on Jan. 6."
Kelly wrote on Twitter that a person known as FreeStateWill on the platform "forced DOJs hand to admit role of undercover DC Metro cops including a few acting like Trump supporters," and that the late disclosure in the case came after he "identified the officers in court motions."
In conclusion, the motion stated, "the United States is refusing to provide information which obviously has a high likelihood of being exculpatory. Under the most foundational principles of Brady v Maryland, defendants are entitled to this information."
"Accordingly, Pezzola asks for an order compelling the United States to provide the names, identities, and reports of all HSI confidential informants operating at or near the Capitol or around the Proud Boys on January 6, 2021."
Pezzola is one of over 1,000 people to have been charged in connection to the Capitol riots on January 6, 2021. According to the Department of Justice, he has been charged with Civil Disorder, Government Property or Contracts, Obstruction of an Official Proceeding, Robbery of Personal Property of the United States, Restricted Building or Grounds; Aiding and Abetting, and Conspiracy; Assaulting, Resisting, or Impeding Certain Officers.
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