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Prosecution moves to keep Daniel Baker from subpoenaing top law enforcement brass

US Attorney Lawrence Keefe says FBI agents arrested Daniel Baker early Friday morning with help...
US Attorney Lawrence Keefe says FBI agents arrested Daniel Baker early Friday morning with help from the Tallahassee Police Department and Florida Department of Law Enforcement.(WCTV)
Published: Apr. 22, 2021 at 9:49 AM EDT
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TALLAHASSEE, Fla. (WCTV) - On Wednesday, the U.S. Government filed a motion to quash subpoenas filed by attorneys for Daniel Baker.

Baker was indicted in February for inciting violence at the Florida Capitol in the wake of the Jan. 6 riots on the U.S. Capitol. He was arrested by the FBI on Jan. 15 after posting a “Call to Arms” on social media.

The latest filing says Baker’s attorneys have subpoenaed Leon County Sheriff Walt McNeil and Tallahassee Police Department Chief Lawrence Revell.

The Prosecution says the Defendant’s subpoenas to the law enforcement leaders request the two men testify about “the intelligence regarding the threat to the Florida Capitol on the day of President Biden’s inauguration.” It also says Baker’s counsel filed to compel the FBI to provide the intelligence assessment on threats to the Florida Capitol.

The Prosecution argues that the intelligence assessment is “not relevant to a fact to be decided by a jury.”

The motion also asks the Judge to prohibit Baker’s attorneys from arguing about other threats or intelligence in front of the jury.

Attorneys for the prosecution argued the subpoenas are “unreasonable and oppressive,” and that the information the defense is seeking is “irrelevant and immaterial.”

“The focus of this trial will not be what law enforcement knew about other threats to the Florida Capitol on or around Inauguration Day, or even what law enforcement did not know about such threats. Rather, it will be about the Defendant, and what he intended when he pushed the ‘post’ button on his Facebook account on Jan. 12 and 14, 2021,” the prosecution wrote.

The U.S. Government also argues that their attorneys do not need to prove how many other threats existed when Baker made his social media posts.

The Judge will decide on this motion during a hearing on Friday, April 23.

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