After prosecutors loudly objected, Judge Timothy Kelly abruptly dismissed the jury.
Rather than express outrage at the fact that the FBI was spying on what is commonly considered privileged communications protected by the Constitution, Kelly instead gave prosecutors time to concoct a face-saving strategy-and that they did.
"Everything has been done under cover. And now, they come in here; they use this word 'classified' to try and delay the case. I think we should continue. I think Mr. Smith's 'gotcha' moment yesterday was ruined, and he had every right to get that agent and destroy her on cross and, all of a sudden, the trial was stopped." Kelly, a longtime Justice Department employee who worked for years at the U.S. attorney's D.C. office-the same office prosecuting every January 6 case-was unpersuaded by the defense argument and the totality of the evidence before him.
"Rehl waived any privilege by knowingly using -Philadelphia's monitored email system to communicate with his attorney." Prosecutors demanded that cross-examination of Agent Miller, which Kelly interrupted right before the line of questioning got juicy, be limited to "Video, photographic, and message evidence from January 6, 2021, from midnight to shortly before 5:00 p.m." Translation: Anything Miller discussed after January 6 should be off the table.
As expected, Kelly folded to nearly every government demand.
If the government's version of what happened related to the report is true, Kelly sniffed, the defense objections are "Much ado about nothing." What Kelly must not realize is that the public does not view the dirty secrets accidentally "Spilled" by an untrustworthy FBI and Justice Department as "Nothing." Kelly, and the Justice Department, can wave off due process rights, transparency, and the basic tenets of a fair trial.
As the American people come to terms with the phony narrative of January 6, they ultimately will hold shameless judges like Kelly and rogue federal officials, like Ballantine and Miller, responsible for the accelerating degradation of the U.S. justice system.
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