Opinion
21-CR-86 (PKC)
06-06-2021
UNITED STATES OF AMERICA, v. BRENDAN HUNT, Defendant.
APPENDIX 1
PAMELA K. CHEN, UNITED STATES DISTRICT JUDGE
The following charts provide a summary of the Court's rulings on the parties' proposed intent and/or state of mind Exhibits.
I. Government's Proposed Exhibits
| GX# | DESCRIPTION | PERMITTED? (Yes / No) |
| Defendant’s Statements Regarding the 2020 Election, Events of January 6, 2021, and Aftermath of Those Events | ||
| 40A | 11/5/2020 text messages | Yes |
| 40B | 11/5/2020 text messages | Yes |
| 40C | 11/6/2020 text messages | Yes |
| 150B | 11/4/2020 Facebook post | Yes |
| 150C | 11/15/2020 Facebook post | Yes |
| 150D | 11/20/2020 Facebook post | Yes |
| 150E | 11/27/2020 Facebook post | Yes |
| 150F | 12/6/2020 Facebook comment on a post from 12/5/2020 | |
| 150G | 12/6/2020 Facebook post | |
| 151A | 1/8/2021 Excerpt from Parler Records for Account with Display Name “Xrayultra” and Name “Brandan Hunt” | |
| 151B | Screenshot reflecting statements included in GX 151A | |
| 20 | 1/8/2021 BitChute Video: “Kill Your Senators” | |
| 20P | Image associated with the “Kill Your Senators” video | Yes |
| 21 / 21T | 1/8/2021 BitChute Video: “Kill Your Senators” | Yes |
| 21P | Image associated with the “Kill Your Senators” video | Yes |
| 22 / 22T | 12/21/2020 BitChute Video: “What the media won’t tell you about Jan 6 2021 ….” | Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video. |
| 23 / 23T | 1/6/2021 BitChute Video: “HORRIFIC: DC Cops Shoot Unarmed Patriot Girl Thru Neck in Capitol Building!!” | Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video. |
| 24 / 24T | 1/7/2021 BitChute Video: “RAW VIDEO: Patriots Enter Capitol to Demand Representation!” | Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video. |
| 25 / 25T | 1/8/2021 BitChute Video: “REVOLT! Four Dead in DC as Patriots Swarm Capitol” | Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video. |
| 26 / 26T | 1/9/2021 BitChute Video: “CNN: Trump Made Video Only Because He Was ‘Threatened’” | Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video. |
| 27 / 27T | 1/9/2021 BitChute Video: “DC cops LET THEM IN to Capitol, pushed man off balcony” | Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video. |
| 28 / 28T | 1/16/2021 BitChute Video: “Trump + ‘MyPillow Guy’ plot last min INSURRECTION ACT !?!” | Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video. |
| 109 | All data (not including images, videos, or other user’s comments) for Defendant’s BitChute account. | Yes |
| 109B -109K | Metadata and associated content from BitChute associated with the aforementioned videos, including content created by Defendant, such as video titles, video descriptions, and “hashtags.” | Yes |
| 110 | All comments provided by BitChute associated with the aforementioned videos. | Yes |
| 110A | All comments posted on the “Kill Your Senators” video, which has the identifier “fdsOKAKBIEaM.” | Yes |
| 110B | Defendant’s posts and immediate context with respect to the “Kill Your Senators” video. (Defendant’s identifier is “OQxPUO9NJ8e6”). | Yes |
| 110C | Two posts Defendant made about videos posted by other users. | Yes |
| G3 | Screen captures of Defendant’s BitChute website. | Yes |
| G4 | Screen captures of Defendant’s BitChute website. | Yes |
| G6 | Screen captures of one of Defendant’s Facebook accounts. | Yes |
| Other Evidence of Defendant’s Knowledge of White Supremacist and Anti-Semitic Propaganda, Beliefs, and Symbols | ||
| 41A | 5/8/2020 text messages | Yes |
| 41B | 5/12/2020 text messages | Yes |
| 41C | 5/12/2020 text messages | Yes |
| 40D | 11/6/2020 text message | Yes |
| 40E | 11/6/2020 text message | Yes |
| 40F | 1/12/2021 text message | No |
| 150H | 8/18/2020 Facebook reply to a comment on a post from 8/16/2020 | No |
| 150I | 11/20/2020 Facebook comment | No |
| 150J | 11/27/2020 Facebook comment | No |
| 30 / 30T | 12/10/2020 Video obtained from Defendant’s personal computer | Yes |
| 50 | Dylann Roof’s jailhouse manifesto and associated metadata. | Yes, in part (see Memorandum & Order) |
| 51 | A record of the creation dates of browser cookies installed by the website at the domain “dailystormer.su” on Defendant’s cellular telephone. | Yes |
| 52 | A record of a file with the name “Protocols of Learned Elders of Zion Part 01 of 01.pdf” that was deleted from Defendant’s cellular telephone. | Yes |
| DESCRIPTION | PERMITTED? (Yes / No) | |
| DEFENDANT’S EXHIBIT A (Dkt. 63-1) | ||
| 7/4/2020 BitChute Video: “2020 xrayultra update” | Yes | |
| 7/4/2020 BitChute Video: “enemies on the left & right” | Yes | |
| 10/3/2020 YouTube Video: “is trump part of a (((satanic))) nwo noahide plot to destroy amalek!!!.mp4” | Yes | |
| 12/21/2020 BitChute Video: “What the media won’t tell you about Jan 6 2021 ….” | Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video. | |
| 12/31/2020 BitChute Video: “I support Trump over Biden... am I a zionist shill?” | Yes | |
| 1/6/2021 BitChute Video: “HORRIFIC: DC Cops Shoot Unarmed Patriot Girl Thru Neck in Capitol Building!!” | Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video. | |
| 1/7/2021 BitChute Video: “FIRST BLOOD: Ashli Babbitt Murdered as DC Cops Stomp Flags” | Yes | |
| 1/7/2021 BitChute Video: “RAW VIDEO: Patriots Enter Capitol to Demand Representation!” | Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video. | |
| 1/8/2021 BitChute Video: “REVOLT! Four Dead in DC as Patriots Swarm Capitol” | Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video. | |
| 1/9/2021 BitChute Video: “CNN: Trump Made Video Only Because He Was ‘Threatened’” | Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video. | |
| 1/9/2021 BitChute Video: “DC cops LET THEM IN to Capitol, pushed man off balcony” | Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video. | |
| 1/10/2021 BitChute Video: “MASS ARRESTS! BOMBS found near Capitol, Trump BANNED” | Yes | |
| 1/13/2021 BitChute Video: “Jacob, Esau, and the END of DAYS !?!?!” | Yes | |
| 1/14/2021 BitChute Video: “Pelosi's LITERAL Coup + PSYOPS officer led Capitol group!!” | Yes | |
| 1/16/2021 BitChute Video “Trump + ‘MyPillow Guy’ plot last min INSURRECTION ACT !?!” | Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video. | |
| 1/19/2021 BitChute Video: “‘Dumb Goy’ Guide to Jewish Kabbalah – Intro” | Yes |
GX#
DESCRIPTION
PERMITTED? (Yes / No)
Defendant's Statements Regarding the 2020 Election, Events of January 6, 2021, and Aftermath of Those Events
40A
11/5/2020 text messages
Yes
40B
11/5/2020 text messages
Yes
40C
11/6/2020 text messages
Yes
150B
11/4/2020 Facebook post
Yes
150C
11/15/2020 Facebook post
Yes
150D
11/20/2020 Facebook post
Yes
150E
11/27/2020 Facebook post
Yes
150F
12/6/2020 Facebook comment on a post from 12/5/2020
Yes
150G
12/6/2020 Facebook post
Yes
151A
1/8/2021 Excerpt from Parler Records for Account with Display Name “Xrayultra” and Name “Brandan Hunt”
Yes
151B
Screenshot reflecting statements included in GX 151A
Yes
20
1/8/2021 BitChute Video: “Kill Your Senators”
Yes
20P
Image associated with the “Kill Your Senators” video
Yes
21 / 21T
1/8/2021 BitChute Video: “Kill Your Senators”
Yes
21P
Image associated with the “Kill Your Senators” video
Yes
22 / 22T
12/21/2020 BitChute Video: “What the media won't tell you about Jan 6 2021 ….”
Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video.
23 / 23T
1/6/2021 BitChute Video: “HORRIFIC: DC Cops Shoot Unarmed Patriot Girl Thru Neck in Capitol Building!!”
Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video.
24 / 24T
1/7/2021 BitChute Video: “RAW VIDEO: Patriots Enter Capitol to Demand Representation!”
Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video.
25 / 25T
1/8/2021 BitChute Video: “REVOLT! Four Dead in DC as Patriots Swarm Capitol”
Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video.
26 / 26T
1/9/2021 BitChute Video: “CNN: Trump Made Video Only Because He Was ‘Threatened'”
Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video.
27 / 27T
1/9/2021 BitChute Video: “DC cops LET THEM IN to Capitol, pushed man off balcony”
Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video.
28 / 28T
1/16/2021 BitChute Video: “Trump + ‘MyPillow Guy' plot last min INSURRECTION ACT !?!”
Yes Defendant also proposed this video as an exhibit. (See Dkt. 63-1.) The parties are permitted to introduce this video in full or to introduce portions of the video.
109
All data (not including images, videos, or other user's comments) for Defendant's BitChute account.
Yes
109B -109K
Metadata and associated content from BitChute associated with the aforementioned videos, including content created by Defendant, such as video titles, video descriptions, and “hashtags.”
Yes
110
All comments provided by BitChute associated with the aforementioned videos.
Yes
110A
All comments posted on the “Kill Your Senators” video, which has the identifier “fdsOKAKBIEaM.”
Yes
110B
Defendant's posts and immediate context with respect to the “Kill Your Senators” video. (Defendant's identifier is “OQxPUO9NJ8e6”).
Yes
110C
Two posts Defendant made about videos posted by other users.
Yes
G3
Screen captures of Defendant's BitChute website.
Yes
G4
Screen captures of Defendant's BitChute website.
Yes
G6
Screen captures of one of Defendant's Facebook accounts.
Yes
Other Evidence of Defendant's Knowledge of White Supremacist and Anti-Semitic Propaganda, Beliefs, and Symbols
41A
5/8/2020 text messages
Yes
41B
5/12/2020 text messages
Yes
41C
5/12/2020 text messages
Yes
40D
11/6/2020 text message
Yes
40E
11/6/2020 text message
Yes
40F
1/12/2021 text message
No
150H
8/18/2020 Facebook reply to a comment on a post from 8/16/2020
No
150I
11/20/2020 Facebook comment
No
150J
11/27/2020 Facebook comment
No
30 / 30T
12/10/2020 Video obtained from Defendant's personal computer
Yes
50
Dylann Roof's jailhouse manifesto and associated metadata.
Yes, in part (see Memorandum & Order)
51
A record of the creation dates of browser cookies installed by the website at the domain “dailystormer.su” on Defendant's cellular telephone.
Yes
52
A record of a file with the name “Protocols of Learned Elders of Zion Part 01 of 01.pdf” that was deleted from Defendant's cellular telephone.
Yes
DESCRIPTION
PERMITTED? (Yes / No)
DEFENDANT'S EXHIBIT A (Dkt. 63-1)
7/4/2020 BitChute Video: “2020 xrayultra update”
Yes
7/4/2020 BitChute Video: “enemies on the left & right”
Yes
10/3/2020 YouTube Video: “is trump part of a (((satanic))) nwo noahide plot to destroy amalek!!!.mp4”
Yes
12/21/2020 BitChute Video: “What the media won't tell you about Jan 6 2021 ….”
Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video.
12/31/2020 BitChute Video: “I support Trump over Biden... am I a zionist shill?”
Yes
1/6/2021 BitChute Video: “HORRIFIC: DC Cops Shoot Unarmed Patriot Girl Thru Neck in Capitol Building!!”
Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video.
1/7/2021 BitChute Video: “FIRST BLOOD: Ashli Babbitt Murdered as DC Cops Stomp Flags”
Yes
1/7/2021 BitChute Video: “RAW VIDEO: Patriots Enter Capitol to Demand Representation!”
Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video.
1/8/2021 BitChute Video: “REVOLT! Four Dead in DC as Patriots Swarm Capitol”
Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video.
1/9/2021 BitChute Video: “CNN: Trump Made Video Only Because He Was ‘Threatened'”
Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video.
1/9/2021 BitChute Video: “DC cops LET THEM IN to Capitol, pushed man off balcony”
Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video.
1/10/2021 BitChute Video: “MASS ARRESTS! BOMBS found near Capitol, Trump BANNED”
Yes
1/13/2021 BitChute Video: “Jacob, Esau, and the END of DAYS !?!?!”
Yes
1/14/2021 BitChute Video: “Pelosi's LITERAL Coup + PSYOPS officer led Capitol group!!”
Yes
1/16/2021 BitChute Video “Trump + ‘MyPillow Guy' plot last min INSURRECTION ACT !?!”
Yes As described above, the Government also seeks to introduce this video. The parties are permitted to introduce this video in full or to introduce portions of the video.
1/19/2021 BitChute Video: “‘Dumb Goy' Guide to Jewish Kabbalah - Intro”
Yes
This is one of the statements identified in the Complaint. (Compl., Dkt. 1, ¶ 4.)
This is one of the statements identified in the Complaint. (Compl., Dkt. 1, ¶ 5.)
This includes one of the statements identified in the Complaint. (Compl., Dkt. 1, ¶ 10.)
This includes one of the statements identified in the Complaint. (Compl., Dkt. 1, ¶ 10.)
This is one of the statements identified in the Complaint. (Compl., Dkt. 1, ¶ 7.)
II. Defendant's Proposed Exhibits
As Defendant did not mark his proposed exhibits, the Court will refer to these unnumbered exhibits by reference to their date, title, and/or description.
DEFENDANT'S EXHIBIT B
(Dkt. 63-2)
11/21/2020 Facebook comment
Yes
11/19/2020 Facebook comment
Yes
11/16/2020 Facebook comment
Yes
11/15/2020 Facebook comment
Yes
9/12/2020 Facebook comment
Yes
6/10/2020 Facebook comment
Yes
7/23/2020 Facebook comment
Yes
7/3/2020 Facebook comment
Yes
5/2/2020 Facebook comment
Yes
6/5/2020 Facebook comment
Yes
12/31/2020 YouTube comment
Yes
11/24/2020 YouTube comment
Yes
10/10/2020 YouTube comment
Yes
9/26/2020 YouTube comment
Yes
Comments to the 1/8/2021 “Kill Your Senators” video
Yes
4/30/2020 text message
Yes
4/27/2020 text messages
Yes
5/8/2020 text messages
Yes
5/10/2020 text messages
Yes