Jan. 6 Attorney Alleges FBI Criminally Altered Evidence, Requests Special Master Review of Leaked Messages

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Rogers Roots, an attorney representing Dominic Pezzola, a Jan. 6, 2021, Capitol breach defendant, alleged on Sunday that the FBI had committed crimes by altering evidence and requested that the court appoint a special master to review the evidence.

Rootsโ€™s move came days after the testimony of FBI Special Agent Nicole Miller, who was involved in the agencyโ€™s investigations of the Jan. 6 defendants. When cross-examining Miller, Nick Smith, an attorney representing Proud Boys member Ethan Nordean (listed as co-defendant on Pezzolaโ€™s case), revealed classified FBI emails that were hidden in a tab in an Excel spreadsheet, which included a directive to Miller to โ€œdestroyโ€ 338 pieces of evidence and โ€œedit outโ€ an FBI agent from an informant report.

โ€œDestroying evidence is a federal crime. It actually falls under a federal crime under more than one statute. The same goes with altering documents, altering records, that is a federal crime,โ€ the John Pierce Law attorney told The Epoch Times in an interview on Sunday.

In a filing on Sunday, Roots requested that Timothy J. Kelly, a Trump appointee presiding over the case, either dismiss the case in its entirety or appoint a special master to independently review the FBI messages that were revealed in court.

โ€œThe unceremonious and uninhibited nature of Millerโ€™s discussion of committing these serious crimes suggests an FBI culture of corruption and lawlessness that must be immediately stopped, and fully investigated,โ€ Roots said in the filing.

โ€œAccordingly, this case must be dismissed en toto and with prejudice,โ€ Rootsโ€™s filing continues. โ€œEven if the Court were to overlook this massive trail of FBI corruption and the trial were to proceed, defendants have a right to cross-examine Agent Miller regarding all of these crimes, her missing emails, her discussions of violating defendantsโ€™ 6th amendment rights, her discussions of evidence tampering, and her discussions of altering documents involving [confidential human sources] in this case.โ€

โ€œAll January 6 prosecutions should be paused for evidentiary hearings and investigations by a Special Master and Special Counsel,โ€ the filing reads.

Byย Gary Bai

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