Judge Denies Requests from Jan. 6 Defendants to Cross-Examine FBI Agent on Leaked Messages | 14 March 2023 | Defendants in the ongoing Jan. 6, 2021, Capitol Breach trial suffered a defeat on Monday, as the court ordered that the defendants may not cross-examine an FBI agent for most of the defense attorneys' allegations that spawned from internal FBI messages inadvertently leaked in court. Judge Timothy Kelly, a Trump-appointed judge, on Monday addressed allegations made by attorneys of the Jan. 6 defendants that targeted leaked internal FBI messages, which were revealed in court when Nick Smith, a defense attorney representing Ethan Nordean, cross-examined FBI Special Agent Nicole Miller on Thursday last week. The judge denied all but one of the defendant's arguments about the leaked messages... The messages include a directive from FBI personnel to Miller to "destroy" 338 pieces of evidence and another directive to Miller to "edit out" an FBI agent from a Confidential Human Source (CHS) informant report, the filing read.