Lawyer Seeks to Dismiss Case Against Proud Boys Member, Citing Fox News Host Tucker Carlson’s Airing of “Plainly Exculpatory” US Capitol Security Footage

On Thursday, a lawyer representing one of five Proud Boys members on trial for seditious conspiracy asked a federal judge to throw out the case, claiming federal prosecutors had hidden “plainly exculpatory” US Capitol security footage that was later aired on Fox News host Tucker Carlson’s show.

The footage in question was related to the events of January 6, 2021, when a mob of pro-Trump supporters stormed the Capitol in an attempt to disrupt Congress from certifying the results of the 2020 election. Among the rioters was Jacob Chansley, who earned the nickname “QAnon Shaman” for his bare-chested appearance and furry Viking-style hat.

On Friday, billionaire and Twitter overlord Elon Musk showed sympathy for Chansley, tweeting to his 130 million followers that he should be “Free Jacob Chansley.” Chansley was ultimately sentenced to 41 months in prison, or just shy of three and a half years.

This week, Carlson aired selective pieces of the Capitol security footage in an attempt to downplay the violence and defend the pro-Trump mob. Prosecutors have since stated that “nearly all” of the footage was “plainly exculpatory” and should have been included in the trial.

The lawyer representing one of the Proud Boys members is now asking the judge to throw out the case, citing the prosecutors’ failure to include the footage. It remains to be seen whether the judge will agree with the lawyer’s request.