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