Last Updated on February 17, 2022
Jonathan Moseley, defense attorney for Philadelphia Proud Boys chapter president Zach Rehl, expressed determination to confront the FBI with a subpoena in response to National File’s report that a second man – Sean Michael McHugh – was caught on camera trying to incite demonstrators to storm the Capitol Building.
That report followed a comprehensive article by Revolver News breaking down considerable evidence that Ray Epps was acting as an FBI informant when he repeatedly urged Pro-Trump rally-goers to enter the Capitol.
Neither McHugh nor Epps have been charged with conspiracy. Moseley’s client Zach Rehl, however, is set to stand trial on conspiracy charges, despite the fact that federal prosecutors do not allege that Rehl stormed the Capitol, committed violence or destroyed property.
Moseley explained that the federal government also has not provided any evidence that Rehl ever encouraged others to behave violently on January 6. The government’s case against Rehl even acknowledges that he was only ever “armed” with a walkie-talkie.
“I plan to start with a subpoena to get all information about these incidents,” Moseley told National File. “I believe that the government knew that their allegations against my client were false, because they knew who actually was responsible for inciting an attack on the Capitol,” Moseley charged.
Moseley also elaborated on why Epps’ monologues were so suspicious. “[Epps] talks about nothing but crossing the line to committing a crime,” said Moseley. “The only thing he is focused on is getting people to go to the Capitol and enter the building. He shows no interest in why or any message to be sent. He is only focused on getting people to break the law.”
Moseley explained that, in the various videos of Ray Epps, “he plants the idea of getting arrested, to encourage the crowd to break the law.” Moseley told National File that “It certainly looks to me that these provocateurs were working for or acting for the government in some capacity.”
WATCH: Footage of alleged J6 Fed Ray Epps, courtesy of @DarrenJBeattie’s Revolver News, shows him at the most critical moments leading up to and during January 6th.
Full Episode: https://t.co/4Zh8enaWdq pic.twitter.com/KFh1LRcYsg
— Rep. Matt Gaetz (@RepMattGaetz) October 28, 2021
Federal prosecutors have indicted many of the hundreds of 1/6 defendants including Rehl – the vast majority of whom were not even accused of perpetrating violence – on a new and creative interpretation of Title 18 U.S. Code § 1512(c). The statute prescribes a maximum sentence of 20 years for anyone who “corruptly” “otherwise obstructs, influences or impedes any official proceeding, or attempts to do so”.
Authorities have conceded that the law was originally written to combat crimes like destruction of evidence in actual court cases in the wake of the Supreme Court’s 2005 exoneration of Arthur Anderson LLP, but insist that anyone whose otherwise-lawful political demonstration inconveniences a Congressional proceeding for a motive the Justice Department deems “corrupt” can be convicted of a federal felony and imprisoned for two decades.
D.C. Courts have yet to issue decisive rulings on the question of whether this charge is appropriate for anyone charged in connection with 1/6.
Moseley views these recent revelations with optimism, hoping it will further encourage fellow 1/6 defense attorneys to share exculpatory information and stand strong against any attempt to intimidate their clients into issuing false confessions out of desperation.
“Attorneys defending those arrested from the January 6 demonstrations are increasingly talking to each other,” Moseley told National File. “At least half a dozen attorneys are very concerned about videos of the 2 or 3 provocateurs filmed on January 5 and 6 inciting the crowds to ‘storm’ and enter the U.S. Capitol.”
Moseley explained that “this is important because most of the January 6 defendants are accused of conspiring, planning, and organizing an attack on the Capitol to stop the counting of Electoral College votes.” He said, “But there is no evidence of them planning anything other than a peaceful trip to D.C. and a peaceful protest at the Ellipse and Washington Monument. ”
“There are 2 or 3 and probably more people caught on tape actually doing what our clients are  falsely accused of. It’s almost like the Proud Boys are being falsely accused to distract from the provocateurs. So we will be taking steps in the court cases.”
Zachary Rehl, who missed the birth of his daughter while jailed over January 6, is a former Marine and the son and grandson of Philadelphia police officers. His young wife gave birth alone to their first child during his lengthy pre-trial incarceration, which is expected to last for over 14 months total. He faces more than 30 years in jail if convicted.
Rehl is raising money for his defense, which Moseley says will cost at least $75,000, and to provide for his wife and daughter while he remains jailed by the Biden regime. Those wishing to donate can contribute on their OurFreedomFunding page.
