Willie Floyd’s Curiously Inactive Docket

You’ve no doubt been following the parade as one after another of Trump’s alleged co-conspirators in the Georgia case show up at the Fulton County Jail to be processed. Thus far, nine people have been processed, including three of Trump’s unindicted co-conspirators from his Federal indictment: Rudy Giuliani, John Eastman, and Sidney Powell.

Yesterday, Judge Steve Jones denied requests from Mark Meadows and Jeffrey Clark to avoid arrest in Georgia pending their bid to remove their cases to a federal court, so they’ll have to join the parade in the next day and a half, as well.

Trump himself is making a campaign event out of his processing this evening.

Thus far, none of the three people charged in conjunction with the Ruby Freeman coercion — Stephen Lee, Harrison William “Willie” Floyd, and Trevian Kutti –have been seen showing up (though, as noted, Scott Hall, who coordinated with them, has been booked, as has David Shafer).

That’s interesting given the strangely inactive Willie Floyd docket WaPo discovered in Maryland.

It seems that when two FBI agents went to Floyd’s house in Rockville, MD, on February 23 to serve a DC subpoena, Floyd — a former Marine and professional MMA fighter — went after one of them as the other recorded the incident.

16. Victim 1 and Victim 2 observed FLOYD running down the stairs after them. Victim 1 tells Victim 2, “Get ready,” as FLOYD rushed down the stairs at them screaming, “YOU FUCKING PIECE OF SHIT!” Victim 2 yells back in response, “Back up! Back up!” But FLOYD continued to rush toward Victim 1 and 2 and then ran straight into Victim 1 on the stair landing, striking him chest to chest. Victim 1 was knocked backward, and FLOYD continued rushing forward to close the gap, striking Victim 1 chest to chest again. FLOYD then put his face directly in Victim 1’s face, standing chest to chest, while screaming at Victim 1, including stating, “YOU HAVEN’T SHOWN ME A BADGE OR NOTHING. I HAVE A FUCKING DAUGHTER. WHO THE FUCK DO YOU THINK YOU ARE.” While doing so, FLOYD’s spit was flying into the face and mouth of Victim 1, and FLOYD was jabbing Victim 1 with a finger in Victim 1’s face.

17. Victim 1 remained still while FLOYD was bumping him chest to chest, striking him with his fmger, and screaming in his face. Victim 2 continued to yell at FLOYD to back up, while pulling back his suit coat jacket to display and place his hand on his firearm. Victim 2’s firearm was located on his right hip, directly behind where his FBI badge was clipped to his belt. Victim 2 observed FLOYD notice his firearm, and at that point FLOYD began to back up. Victim 2 yelled, “Back away!” FLOYD yelled back, “YOU BACK AWAY!” Victim 2 responds, “We are. We are backing away.” FLOYD screamed, “GET OUT! GET OUT!” Victim 2 responded, “We are, we’re backing up.” FLOYD then screamed, “I HAVEN’T SEEN ANYTHING, YOU HAVEN’T GIVEN ME ANYTHING. I DON’T KNOW WHO THE FUCK YOU ARE.” Victim 2 responded, “Happy to show you a credential, sir. We’re backing away, we’re leaving.” Victim 1 and Victim 2 then completed their descent down the stairs and exited the apartment building. [my emphasis]

Floyd then called the cops on the FBI, allowing the local cops to confirm that Floyd had been told by his mother-in-law, in advance, that the two FBI agents had shown FBI business cards, and that he had received the subpoena.

19. The Rockville City Police Department ( “RCPD”) went to the apartment as a burglary response. RCPD officers arrived and knocked on the door to FLOYD’s apartment. The interaction was recorded on body worn cameras. Visible on the ground in front of the apartment door is the Federal Grand Jury subpoena. FLOYD opens the door and speaks with the RCPD officers. FLOYD stated two men wearing suits aggressively approached him, followed him into his apartment building, and threw papers at him. FLOYD told the RCPD officers that his mother-in-law called him earlier in the day to report two men stopped by her house and wanted to speak with him, and FLOYD showed the photograph of the business cards to RCPD officers, and the business cards were the FBI business cards of Victim 1 and Victim 2. During that conversation, FLOYD refers to the subpoena on the floor and states, “I don’t know what that is, I’m not touching it, I’m not picking it up.” FLOYD claimed to the RCPD officers that Victim 1 and Victim 2 “touched me,” and that he felt he was being he was “pulled back,” like he was being grabbed by his feet while he was going up the stairs. FLOYD could not elaborate further. Victim 1 and Victim 2 reported that neither touched FLOYD as they walked up the stairs, which is corroborated by the audio documenting the footsteps and exchange between Victim 1, Victim 2, and FLOYD while they were going up the stairs. FLOYD also told the RCPD officers that after Victim 1 and Victim 2 followed him up the stairs, he slammed the door so he could go to the kitchen and “get a weapon.” FLOYD also stated that after he dropped his daughter off inside, he went back “to go after” Victim 1 and Victim 2, that “because I was in the Marine Corps, I gotta go fight two guys,” and that “I turned around to make sure they don’t come back.” FLOYD falsely stated that the agents “never introduced themselves” and that he “didn’t know if they were reporters.” In addition, FLOYD stated that when he saw Victim 2’s firearm, he “almost went for it.” [my emphasis]

Floyd was arrested locally that night, and arrested on a single Federal assault charge on May 15.

Since then — 101 days ago — almost nothing has happened in that Maryland docket. There’s no sign of an indictment on the assault charges against him, which under the Speedy Trial Act DOJ would have had to do within 30 days. There’s no sign of a trial, which — absent some continuance — DOJ would have had to do within 70 days.

That either means DOJ has simply forgotten a guy who assaulted two FBI agents when they came to serve a subpoena or there’s a bunch of sealed activity going on, either in MD or DC.

Given how justifiably touchy FBI agents are about being assaulted when they try to serve a subpoena, I’d say the former is vanishingly unlikely (though DOJ has lost track of three January 6 defendants, resulting in dropped charges for two and a dropped conspiracy indictment for the other).

So it’s highly likely something is going on.

We just can’t see it.

And that’s instructive. As I’ve noted, the treatment of Ruby Freeman and Shaye Moss in Trump’s DC indictment is circumspect, focused on Rudy’s lies about them — which is charged in count 7 of the Georgia indictment — but making no mention of an orchestrated campaign against Freeman, starting just days later.

26. On December 10, four days before Biden’s validly ascertained electors were scheduled to cast votes and send them to Congress, Co-Conspirator 1 appeared at a hearing before the Georgia House of Representatives’ Government Affairs Committee. Co-Conspirator 1 played the State Farm Arena video again, and falsely claimed that it showed “voter fraud right in front of people’s eyes” and was “the tip of the iceberg.” Then, he cited two election workers by name, baselessly accused them of “quite obviously surreptitiously passing around USB ports as if they are vials of heroin or cocaine,” and suggested that they were criminals whose “places of work, their homes, should have been searched for evidence of ballots, for evidence of USB ports, for evidence of voter fraud.” Thereafter, the two election workers received numerous death threats.

“The two election workers received numerous death threats.”

We can be reasonably certain that in the 2.5 months between the assault and the federal arrest, and the 2.5 months between the arrest and Trump’s indictment, Jack Smith came to understand that some of those death threats were not organic. Heck, we can be sure Smith — and the prosecutors working the case even earlier — knew a great deal of that in February, because the FBI warned Freeman she was in danger.

It’s yet another indication of the way that the Trump indictment, which already clocks in at 45 pages, is a tailored document designed to get him to trial quickly, possibly also designed to protect various areas of the investigation that would be beyond the scope of required discovery.

Unless I’m missing it, none of the people involved in the Ruby Freeman campaign are identified in Trump’s DC indictment — not Floyd, who had worked for the campaign, not Kanye’s former publicist, not the right wing minister, not David Bossie’s brother-in-law, not the Georgia lawyer working for the campaign. Not even David Shafer, then Chair of the GA GOP, who orchestrated the fake electors from the state side (with the exception of Ronna McDaniel, the indictment focuses on government officials in the swing states, not party operatives).

Jack Smith could, if he wanted, include the Ruby Freeman campaign at trial to substantiate that one line — “the two election workers received numerous death threats” — presenting the entire network of people who shared the same goal and acted as agents of Donald Trump’s plan who exploited those death threats. But he doesn’t have to. He only has to demonstrate how the people responsible for implementing the larger plan interacted directly with Trump.

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62 replies
  1. Peterr says:

    Being caught between Jack Smith and Fani Wiliis?

    From the WaPo piece:

    It could also complicate any bail agreement for Floyd in Fulton County, where District Attorney Fani T. Willis (D) has said he and the 18 others indicted on state-level charges last week — a group that includes Trump — must surrender by Friday or risk being arrested.

    Wouldn’t Floyd’s arrest in Fulton County complicate his bail agreement in Maryland first, as being arrested somewhere else probably violates his bail conditions in that earlier case?

      • Peterr says:

        Yes, but bail conditions in MD were based on a given set of facts. Subsequent charges, even if they are for previous acts, might necessitate revisiting those bail conditions.

        • Ginevra diBenci says:

          Aren’t we talking about two different Floyds here? Harrison in Georgia, currently in Fulton County Jail, and Willie in Maryland?

  2. SteveBev says:

    Thank you for another extremely informative piece helping us understand the backstories of the various Co-conspirators.

    For my ease of cross reference to the allegations in the Fulton County indictment I have noted that
    Harrison William Prescott Floyd is mentioned in Acts:
    89,115,116,119,120,121,122,127

    I mention this here in case others would find it useful

  3. Bears7485 says:

    Are there FBI agents who simply act as process servers?

    Why would these two agents allow a clearly agitated Floyd to verbally and physically assault them without knowing if he had a weapon? People have been shot by the law for far less.

    (I’m glad they didn’t shoot him and I’m not justifying the unnecessary use of force by law enforcement).

    • SonofaWW2Marine says:

      FBI Special Agents serve grand jury subpoenas (1) when it would help their investigation to interview the recipient, or (2) if their confirmation that the subpoena was served might be needed later.

      As for their restraint, this team had likely been told to tread lightly to avoid false claims of assault. Beyond that, the vast majority of the special agents & cops that I met in my career did not want to kill anyone, maybe especially a deluded veteran. It could even be that they were comfortable enough with their hand-to-hand skills that they felt no need to shoot Floyd, no matter how tough he was trying to act.

      • Peterr says:

        Two more things.

        1) The agents were not sent to take Floyd into custody, but simply to serve a subpoena. I’m pretty sure that the FBI’s use of force guidelines in such a situation do not allow for much force, absent other factors.

        2) The presence of Floyd’s daughter, who might have been in danger if a shootout took place,

        The agents came, served the subpoena, and then when things got nasty, left. Their mission had been accomplished, and any fighting after that was unnecessary save for their own personal safety.

        • Wajimsays says:

          That seems accurate. In any case, I just hope, hope, hope that Ronna McDaniel gets indicted, at least for felony smarminess. Think that’s in Title 18 USC somewhere. She tries so hard, but just can’t rub all the Mitt off, even with a scratchy loofa. Not to mention the Trump stain

  4. Ravenous hoarde says:

    I came across Freeman and Moss’ name back in 2020. I saw firsthand the vitriol that strangers were throwing at their social media accounts. It was disturbing to see two people be so vilified and condemned for a dirtbag like Trump.

    As obsessed as I was with their story, I can’t believe I lost track of Floy assaulting FBI AGENTS for pete sake. But his name is generic enough that Kutti and Douglas were easier to read up on.

    “ Floyd was arrested locally that night, and arrested on a single Federal assault charge on May 15.

    Since then — 101 days ago — almost nothing has happened in that Maryland docket. There’s no sign of an indictment on the assault charges against him, which under the Speedy Trial Act DOJ would have had to do within 30 days. There’s no sign of a trial, which — absent some continuance — DOJ would have had to do within 70 days.”

    Whatever public info is released will be mind boggling. I hope it made it to the GA SPGJ report!

  5. SteveBev says:

    The WaPo piece also mentions
    ‘ On Aug. 11, three days before he was indicted in the Georgia case, Floyd responded online to a social media post about the case, writing, “The receipts dont lie, and the best is yet to come.” ‘

    The ‘response’ was a comment with two attachments :

    1 a screenshot of a Candace Owen’s post from 12/12/21

    “SCOOP: Harrison Floyd of the Trump Campaign will be coming out and exploding the @Reuters fake news narrative that Kanye’s publicist tried to coerce Ruby Freeman to lie.
    TRUTH: She contacted the campaign asking for immunity and arranged meeting at the police precinct herself”

    2 an audio file of part of the recording of Ruby Freeman’s ‘conversation’ with Kutti

    The Comment upon those two items on 11 Aug 2023 Harrison made was

    “ Keep that same energy when the truth comes out
    @TheRickWilson

    The receipts dont lie, and the best is yet to come.
    @ajc @GregBluest66275 @TamarHallerman

    #fultoncounty #fani #trump”

    And quotes the Xit Rick Wilson had posted
    10 August 2023
    “I am here for this :
    [Quoting this ] :
    Greg Bloomstein
    9 August 2023
    Ruby Freeman and Shaye Moss received death threats and were targeted by pro-Trump conspiracy theories during the 2020 election cycle. Now the Trump supporters who harassed them could face criminal charges,
    @TamarHallerman
    writes. #gapol [ link to article in Atlanta Journal-Constitution].”

    This is obviously a brazen cocking a snook at the law, it also further victimises Ruby Freeman by belittling her experiences.
    But isn’t it also admissible as evidence against him.
    As admissions of involvement.
    The conspiracy involved not only coercion but to pretend and disguise the coercion with a false veneer of ‘being helpful’
    And statements such as this are made in furtherance of that aspect of the conspiracy.

  6. David F. Snyder says:

    As my ex-father-in-law Rick M. (a former Marine pilot who flew under Pappy Boyington’s command) used to laughingly joke with me: “once a Marine, always an idiot”.

    I wonder if Floyd might be trying the Sovereign Citizen approach to defense. Those folks think they can get away with murder, literally and they know many ways to harass judges etc.

    • Tetman Callis says:

      A couple weeks before the Battle of Midway, a Marine (though by some reports it was a sailor) accidentally set off the demolition charges for the island’s aviation fuel supply. An officer said afterwards, “We made the demolition charges fool-proof, but we couldn’t make them Marine-proof.”

    • Operandi says:

      It really is amazing how quickly these folks start beating a path towards the Sovereign Citizen legal wilds as soon as they start to get attention from authorities.

      – Floyd here trying to pretend if he won’t believe the FBI as FBI and won’t look at their subpoena, it didn’t really happen.
      – Peter Navarro’s many filings trying to invent new rights why he shouldn’t have to hand over email he doesn’t rightfully own.
      – Rudy’s “No lo contendre”(sic)

      They simply can’t believe that the Law can apply to Them. It’s an unthinkable thought in their heads. And so they just start inventing reasons why that impossible conclusion must be wrong.

      • HanTran says:

        Maybe I missed it but is it anywhere claimed that victims 1 and 2 did identify themselves before the altercation occurred?

  7. Sherrie H says:

    for evidence of USB ports

    Do these folks really think someone having USB ports in their home is evidence of election fraud?!

    • obsessed says:

      Rudy has single-handedly set layman understanding of computer terms back years. People are starting to call USB flash drives “ports” when obviously the port is the place the stick is meant to be plugged, not the stick itself. But every news report just cites the quote without clarifying what crazy drunk Rudy thought he meant. They should at least add “(sic)” or something like that.

        • matt fischer says:

          Rudy Port is made from whines produced from a blend of sour gripes that have been subjected to extreme oxidative aging, resulting in whines that are tannic and highly nutty on the palate.

        • RipNoLonger says:

          Oh, jeez. How to pack so many memes in one short post. Makes me want to puke starboard (so as to not foul the port.)

    • Bugboy321 says:

      I suspect they know better (not so sure about Giuliani himself, though) but as with many of these confidence games, they expect that their intended audience (a.k.a., “marks”) will swallow it, hook line and sinker. And it’s not even “USB ports” that they are talking about (which is simply a plug or socket), it’s “USB drive”, specifically a “USB thumb drive”, which turned out to be a lozenge. THAT misnaming, I wonder, could possibly be an intentional effort to make it sound more mysterious?

  8. Unabogie says:

    I saw on MSNBC a discussion of the Hatch Act as it pertains to Mark Meadows and I thought it was a brilliant move by Fani Willis.

    Basically, Meadows is claiming that he can’t be tried in Fulton County because he was doing protected work as Chief of Staff and his right to engage is campaign politics is protected by the First Amendment. Willis responded that by law via the Hatch Act, it would be illegal for Meadows to do ANY campaign work under color of Chief of Staff and therefore any campaign acts are subject to free speech rights but cannot simultaneously be official work. Therefore, although his campaign acts might be free speech, he’s subject to the same laws against fraud as anyone else by his own admission.

    Nice, D.A. Willis.

    • Rayne says:

      LOL Boxed himself into a corner with the feds, too, because doing campaign work for corrupt ends as a federal employee might also earn Meadows an Honest Services fraud charge which has teeth compared to a Hatch Act violation.

      • scroogemcduck says:

        IANAL, but I thought the Supreme Court had narrowed honest service fraud, for politicians at least, to such a degree that it is now a dead letter?

        • Rayne says:

          There’s a fair number of successful prosecutions of public officials under Honest Services fraud.

          In his own book, The Chief’s Chief, Meadows makes zero distinction in chapters 14 and 15 which cover the election and immediate aftermath between what he did as CoS and a Trump campaign official. None. It’s as if he had no other duties from the election through January 6 as “the chief’s chief” except as a campaign staffer.

          Meadows pointedly avoided mentioning the call to Raffensperger which if he was acting as CoS would have been both something notable among his duties AND a point at which Meadows should have told Trump he couldn’t make such a call directly from the White House to a state SoS.

          Oops.

      • HanTran says:

        I think it’s also a campaign violation to do any campaign work from offices in the White House.

        • Rayne says:

          I did mention the Hatch Act, did I not? The Hatch Act doesn’t have much bite to it, though.

          Honest Services Fraud like other federal fraud charges does have more teeth.

    • SteveBev says:

      I particularly enjoyed the opening zinger from Willis on p2 of the response, quoting the OSC report of its investigation into and findings of persistent violations of the of the Hatch Act relating to the 2020 elections by Trump administration officials.

      “from OSC’s perspective the administration’s attitude to Hatch Act compliance was succinctly captured by the then CoS Mark Meadows, who said in an interview ‘nobody outside the beltway really cares’ about Trump officials violating the Hatch Act”

  9. MsJennyMD says:

    “I’m defending the rights of all Americans, as I did so many times as a United States attorney. People like to say I’m different. I’m the same Rudy Giuliani who took down the Mafia, who made New York City the safest city in America, reduced crime more than any mayor in the history of any city anywhere. I’m fighting for justice.”
    Rudy Giuliani

    • scroogemcduck says:

      “Come here, big tits. Come here, big tits. Your tits belong to me. Give them to me (indiscernible). I want to claim my tits. I want to claim my tits. I want to claim my tits. These are my tits.”
      “These breasts belong to me. Nobody else can get near these, OK? I don’t care if they’re flirting or they give you business cards. These are mine, you got it?”
      “Understand? I’m very fucking possessive.”
      Also Rudy Giuliani.

    • earlofhuntingdon says:

      Rudy is correct: he’s the same fucking guy he’s always been. It’s just that his schtick is failing and people are beginning to notice.

  10. GeeSizzle says:

    It seems to me the inactivity can’t be an accident. I’d imagine the potential charges for this assault would quite severe. Given Floyd’s background as a martial arts trainer and MMA fighter, my guess is that this full on running into an FBI officer chest to chest and knocking them over incident was potentially life threatening. Plus the spittle in the face brings in all sorts of infectious disease transmission potential. I’d think the possibility of his having to serve substantial jail time would be quite a strong inducement to cough up the goods on exactly what was going on in Georgia with respect to Ruby Freeman.

  11. Molly Pitcher says:

    Trump has canned his lawyer and gotten a new one in Georgia:

    “NBC News confirms: Trump just replaced the lawyer who’s been leading his defense in Georgia — hours before his planned surrender.

    Drew Findling is out. Steven Sadow will handle Trump’s arrest and processing today in Atlanta.
    @NBCNews”

    • Fly by Night says:

      CNN interviewed a former Georgia prosecutor this morning who has gone up against Sadow in court. He said he is a very aggressive defense attorney with an excellent success rate for his clients. Things could get interesting.

    • tje.esq@23 says:

      thought he was going to be dropped the same day this came out.
      https://www.rollingstone.com/politics/politics-news/drew-findling-trump-georgia-lawyer-donated-fani-willis-1234807128/

      So i guess all that time on the Apprentice, Trump didn’t pick up any Corporate interview tips; like. . .
      “Be sure to ask the criminal defense lawyer you seek to hire if he donated to the most recent political campaign of the prosecutor seeking to indict you, and if the contribution was for her PRIMARY race for the DEMOCRATIC party.”

      Would have spared him from the pain of losing a large, non-refundable, retainer fee. But it’s not his money anyway, just 10 % of my mother-in-law’s monthly fixed social security income . . . and thoudands of others like her. So, spend away!, I guess.

  12. tje.esq@23 says:

    Anyone betting on Trump’s number 1 complaint after turning himself in? Got these in your top 3?
    a) bad lighting
    b) filth of the jail, city, whatever
    c) the scale lying about his weight

    I know Rayne rightfully bemoans when threads run off track, so I hope I’m not doing that here, but the enormity of the moment of a “standard police booking” of a former U.S. head of state, competes in my mind with the smallness with which FPOTUS did, and still does, diminish all of this down to whatever suits his purpose in the moment. I don’t think the fairness or “righteousness”of his being prosecuted for crimes will make the first 3 things he complains about, all of which we’ll be bombarded with for the next month. Wrong? I know I’ve left some Greatest Hits off the list. Don’t know why all the sudden I have optimism that tonight he’ll workshop some new material.

    This also helps distract me from ruefully reflecting on the callousness of a few malicious actors now trying to spin the Ruby Freeman Jan. 4 episode into something which is absolutely contrary to bodycam video tape, and 911 audiotape, evidence that is available to all on the internet to experience 1st hand. IT’S INFURIATING!

    “Impervious to evidence, they are,” I hear in a Jedi voice in my head. “No rightness in darkness. Open eyes. Come see.”

    • RipNoLonger says:

      I wonder if anyone actually held the jail door open for him or if he had to huff-and-puff to get it open.

      There’s got to be an interesting interplay between the USSS detail and the various US Marshals and state/local government law enforcement.

  13. c-i-v-i-l says:

    Update: “Harrison Floyd, the former director of Black Voices for Trump, has been booked into the the Fulton County Jail. He is the only one of the 19 charged in the 2020 election conspiracy case without a consent bond order. … Without bond, Floyd will be the only one of his peers to spend real time in the Rice Street facility.”
    https://www.ajc.com/news/former-black-voices-for-trump-director-harrison-floyd-booked-at-fulton-jail/VZ7G5YTWXVHVTOORRDU7MR7KHA/

  14. retired railroad switchperson says:

    Floyd tweeted video of his drive to booking to the tune of “guess who’s going to jail tonight” by Kanye. Reports today said he didn’t have a bail agreement & remains in custody at the Rice St. facility.

    • bmaz says:

      What Fulton County is doing as to bail/release conditions is asinine. There is simply no phase not mostly ludicrous.

    • earlofhuntingdon says:

      Not the end of it, by any means. For one thing, it’s a recommendation to the court, which sets the date. I don’t doubt that Willis is ready to try him. Is Chesebro ready to be tried? Unlikely. Unless severed, it also screws up everyone else’s plans.

    • jdmckay8 says:

      According to Lawrence O’Donnell guest the Georgia Speedy Trial statute says trial must begin in 60 days: if not, charges are dropped.

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