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.