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September 13, 2022

Joe Biggs

From a FR letter I wrote last week….

As most of you know, Joseph R. Biggs, 38, is a single father, decorated Army Staff Sergeant, and Purple Heart recipient. He served lengthy tours of duty in Iraq and Afghanistan. Joe's leadership in the U.S. military as both a combatant and good-will ambassador has been singled out in the media. In 2009, Joe was featured in a "Dan Rather Reports" segment on fighting at the Afghanistan-Pakistan border. During 2008-2012, Joe was also interviewed and quoted in several articles about Afghanistan, including features that appeared in Rolling Stone, GQ and Outdoors. Joe is family-oriented and politically conservative. He's a doer and innovator. He has served as a first-responder and rescue worker since he was a teenager.

On January 6, Joe Biggs was as always calm, unflappable and nonviolent. Joe helped lead a routine march to the Capitol. At the last minute, he and others trespassed on the Capitol grounds and entered the Capitol building. But he didn't damage anything or hurt anyone. He didn't fight. He didn't even raise his voice. But due to Joe's role as a past planner and organizer of some national Proud Boy events, Joe and four other senior Proud Boys have been accused of seditious conspiracy to obstruct the Biden-Harris electoral college vote certification. The government even eventually jailed Joe for the past 16 months on the pretrial detention theory of "future dangerousness.'' He is being portrayed as a repeat "insurrectionist'' risk.

This, of course, is nonsense. Unfortunately, the Department of Justice has spent several million dollars to build and maintain this portrayal in Joe's case alone. DOJ has infinite resources to do this and continues to use them. It will cost Joe at least $1 million (low side) for our defense team to staff, prepare and try the 6-week trial. The stakes are high. Joe faces a lengthy prison term (up to 30 years) on the basis of this so-called conspiracy with four others to obstruct the Biden-Harris vote certification. We are confident we can defeat the government's conspiracy charge--at best a tall tale which holds together the DOJ's entire case--and reduce it to merely trespass. Yet the government continues to invest money, other resources and staff in the case. Joe's case (docketed at 21-cr-175 before Judge Timothy Kelly) is undoubtedly DOJ’s marquee January 6 case. DOJ prosecutors assigned to the case are legion, motivated and first-rate. We are definitely going to trial on December 12.

Posted by JD Hull at September 13, 2022 05:21 PM


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