03-23-21 - NOTICE OF DISCOVERY by USA as to JOHN EARLE SULLIVAN.txt

U.S. Department of Justice  
C
hanning D. Phillips 
Acting United States Attorney  
D
istrict of Columbia  
Judiciary Center  
555 Fourth St., N.W.  
Washington, D.C.  20530
M arch 23, 2021 
Via Email  
Steven K iersh 
Counsel for John Earle Sullivan 
5335 Wisconsin Avenue, N.W., Suite 440 
Washington, D.C. 20015 
skiersh@aol.com 
R
e: United States v. John Earle Sullivan 
Case No.  1:21- cr-00078- EGS  
D
ear Counsel:  
T
he enclosed memorializes the provision of the following preliminary discovery in this 
case, via filesharing (unl ess otherwise indicated ): 
1. I
ndictment (emailed on 2/3/2021)
2. Signed Complaint (emailed on 2/18/2021)3. Signed Affidavit Supporting Complaint (emailed on 2/18/2021)4. 302 from Defendant’ s Interview 1/7 (emailed on 2/18/2021)
5. 302 from  Defendant ’s Interview 1/9 (emailed on 2/18/2021)
6. Signed Redacted Complaint7. Signed Arrest Warrant, and Arrest Warrant Return8. 9 Screenshots of Defendant from Affidavit9.Criminal History  Report
10.Vide o of Defendant’ s Interview  1/11
11. Videos Provided by Defendant 1/11 (10 files )
12. CenturyLink Subpoena Production (2 files)13. Beehive Broadband Subpoena Production (2 fil es)
14.Defendant ’s Molotov Cocktail Video  and Jayden X screen shot
15.Defendant ’s Insurgence USA Instagram post “ How to Take Down A
Monument”
16.Defendant ’s Periscope video  “Let’s Explore DC ”
17.Defendant ’s Facebook post “ Let’s start a riot”
Case 1:21-cr-00078-EGS   Document 18-1   Filed 03/23/21   Page 1 of 32 
 18. Defendant ’s Facebook post “ Insurgence Defense Fund”  
19. Defendant ’s Youtube videos  (7 files ) 
20. Defendant ’s Youtube screenshots  (11 files)  
21. Defendant ’s Twitter videos  (9 files ) 
22. Defendant ’s Tweets  (6 posts)  
23. Open -Source Videos (10 files, zipped)  
24. Open -Source Articles  (5 files)  
25. Vide o of Defendant ’s Infowars Interview  
 
 Due to the extraordinary nature of the January 6, 2021 Capitol Attack , the government 
anticipates that a large volume of materials may contain information  relevant to this prosecution.  
These materials may include , but are not limited to,  surveillance video, statements of similarly 
situated defendants, forensic searches of electronic devices and social media accounts of 
similarly situated defendants, and  citizen tips .   The government is working to develop a system 
that will facilitate access to these materia ls.  In the meantime, p lease let me know if there are any 
categories of information  that you believe are particularly relevant to your client. 
  The discovery is unencrypted .  Please contact me if you have any issues accessing the 
information, and to confer regarding pretrial discovery as provided in Fed. R. Crim. P. 16.1.  
  Additional materials will be provided after the entry of a Protective Order in this case.  
 
I recognize the government’s discovery obligations under Brady v. Maryland, 373 U.S. 
83 (1963), its progeny, and Rule 16.  I will provide timely disclosure if any such material comes to light.  Consistent with Giglio , Ruiz , and  18 U .S.C. § 3500, I  will provide information about 
government witnesses prior to trial and in compliance with the court’s tr ial management order.     
 I request reciprocal discovery to the fullest extent provided by Rule 16 of the Federal 
Rules of Criminal Procedure, including results or reports of any physical or mental examinations, or scientific tests or experiments, and any expert witness summaries.  I also request that defendant(s) disclose prior statements of any witnesses defendant(s) intends to call to testify at any hearing or trial.  See Fed. R. Crim. P. 26.2; United States v. Nobles , 422 U.S. 255 (1975).  I 
request th at such material be provided on the same basis upon which the government will 
provide defendant(s) with materials relating to government witnesses.  
  
 Additionally, pursuant to Federal Rules of Criminal Procedure 12.1, 12.2, and 12.3, I 
request that defen dant(s) provide the government with the appropriate written notice if 
defendant(s) plans to use one of the defenses referenced in those rules.  Please provide any notice within the time period required by the Rules or allowed by the Court for the filing of  any pretrial 
motions.  
  I will forward additional discovery as it becomes available.  If you have any questions,  
  Case 1:21-cr-00078-EGS   Document 18-1   Filed 03/23/21   Page 2 of 33 
 please feel free to contact me.  
  
 Sincerely,  
 
   
    _______________________ 
 Candice C. Wong 
 Assistant United States Attorney  
 202-252-7849 
 Candice.wong@usdoj.gov 
Case 1:21-cr-00078-EGS   Document 18-1   Filed 03/23/21   Page 3 of 3