National File has obtained exclusive video of Jeremy Bertino’s newly sworn affidavit in which he describes his own malicious prosecution at the hands of Biden’s and Merrick Garland’s prosecutors.
The Biden Department of Justice’s key Dept. of Justice witness in the case against the Proud Boys is recanting his testimony that resulted in convictions and decades of jail time.
Bertino, who was previously a member of the Proud Boys, provided the key testimony that was used to secure the high profile conviction of the leadership of the Proud Boys in the aftermath of the controversial certification of the Nov. 3, 2020 election on January 6th, 2021.
Now, the former Proud Boy says he was coerced by the FBI to provide the damning testimony used to secure high profile convictions of Proud Boy leaders – and to secure their imprisonment.
Now that Joe Biden is no longer in charge of Merrick Garland’s DOJ, Bertino is coming clean.
Jeremy Bertino, in a sworn affidavit provided to attorney Nayib Hassan, affirmed that his prior statements used to convince the so-called “Seditious Five” were coerced under threat of decades in prison.
Federal agents and prosecutors engaged in a sustained campaign of disingenuous negotiation, characterized by a hide-the-ball style of negotiating in which they concealed the true nature of the final charges they would finally levy against Bertino, he says.
By making several much less severe proffers at first, federal prosecutors groomed and cajoled Bertino into a place where he had only two options: testify how they wanted him to, and go free – or tell the truth and face up to 25 years in prison.
The final charges the DOJ would slap on Bertino were not revealed until the prosecutors had sufficiently coached and groomed Bertino in order to elicit a particular testimony desired by the DOJ that would ultimately lead to conviction of Proud Boys for seditious conspiracy, Bertino says.
This act of bringing charges against someone without probable cause and with malice is known as malicious prosecution.
Black’s Law Dictionary defines malicious prosecution as charges that are “instituted primarily because of a purpose other than that of bringing an offender to justice [emphasis added].”
Now free of the threat of decades behind bars in the post-Biden era, Bertino has decided to produce a sworn affidavit by video to set the record straight.
Bertino’s prior testimony, given while Joe Biden and Merrick Garland were in charge of the Department of Justice, was coerced via threats of 25-year sentence on charges of seditious conspiracy and unrelated firearm charges.
Bertino says he “bent statements” in accordance with the clear requirements laid down for him by federal prosecutors in order to frame a seditious conspiracy narrative against Tarrio, Biggs, and the Proud Boys.
Bertino’s “coached” statements resulted in multiple decades-long sentences for his former Proud Boy friends.
The newly sworn affidavits recanting his coerced testimony originated after Bertino reached out to Tarrio in an effort to apologize for his role in the prosecution and conviction of the Proud Boys.
After Bertino first contacted Tarrio, the Proud Boy leader wasn’t going to accept Bertino’s apology. But Bertino expressed contrition. Upon considering Bertino’s regret, Tarrio decided to tell Bertino to come clean.
“The best thing you could do would be to tell the truth,” Tarrio says he told Bertino in an exclusive interview with this reporter.
Bertino sets the record straight.
Despite being threatened with 25 years in prison by Merrick Garland’s Dept. of Justice, Jeremy Bertino was not even in Washington D.C. on January 6th.
“I was at home on the day of January 6th in bed,” Bertino says. But that didn’t stop federal agents from treating him as if he were a terrorist, despite the fact that their warrant only covered his electronics.
“They had [my girlfriend] and my 80 year old father outside for like 14 or 15 hours in the rain and the cold,” he explained.
Bertino says that from the beginning he was insistent in telling the federal agents that the Proud Boys had not planned anything resembling an insurrection or government takeover.
Asked whether he had ever discussed via chat or anywhere else any plans to storm the capitol, Bertino responds, “Absolutely not.”
Asked whether he ever met to set up any kind of insurrection or takeover, Bertino says, “HELL no,” emphatically.
Bertino says he met with federal prosecutors many times for what he calls “coaching sessions.”
The scenario that played out from there follows a carefully curated and executed script played out by federal agents and prosecutors hundreds of times in the subsequent three years.
Bertino says the federal prosecutors practiced cross examining him multiple times. After each session, he would get feedback. They’d send feedback to his attorneys, and they had to mold Bertino to say things in a certain way.
The opening bid offered to Bertino in the negotiation was that there wasn’t much of a risk of prison if he cooperated. By the end, however, the witness eventually risked becoming a defendant themselves. Unless, of course, they cooperated, that is.
“During the first proffer, they said that anything i said in there couldn’t be used against me, I couldn’t be charged with anything,” Bertino says.
“I went there wholeheartedly expecting that if I told them the truth, ‘This is what happened,’ that they would be like, “Oh, well you guys didn’t plan anything.”
That’s not how Garland’s and Biden’s DOJ ended up handling the prosecution.
“Nicole Miller brought out the 1776 document and told me that Enrique had wrote it. And the way she presented it, it looked pretty damning,” Bertino explains.
“Come to find out later he didn’t. He had nothing to do with writing it, but she said it was in his possession, it was, you know, he had it.”
“They said they would let me know if they wanted to talk to me again. I spoke with my attorney a couple of times in between then and the next proffer, and he was basically like, “They want you to play ball, or they’re gonna charge you with something serious,” Bertino says.
“And then they reached out to my attorney again and kinda let him know what’s going on, ‘These guys are dealing with big charges right now. Because I think Enrique had bumped his charges to Seditious Conspiracy or something like that, and my attorney and the FBI agents began showing me what the sentencing guidelines were for something like that,” Bertino says.
“Then I believe it was the third proffer when they told me what the charges were gonna be. They were the gun charges and seditious conspiracy. So all along they were playing it along, like, ‘We’re not gonna charge you. We just need you to help us frame this story this way,” Bertino explained.
“That’s when they put the pressure on, and were like, “Hey, you’re either gonna play ball, or you’re looking at 25 years’.”
In his sworn affidavit, Bertino describes a process in which prosecutors dangled freedom in front of him before ultimately threatening to drop the hammer on him out of the blue.
To avoid the hammer, Bertino was coerced to carefully choose his words in order to create a specific kind of picture surrounding the Proud Boys’ involvement with January 6th and the 1776 Returns document.
“They were like, “You can’t outright lie, and tell me that something happened that didn’t happen, but you’re gonna have to bend your statements. Basically, “Help us frame this story the way it needs to be framed.”
“They said that without saying that directly to me, it was kinda communicated to my attorneys, you know, “We’re not using these words for this. We’re not using [the word] ‘plan,’ we’re using [the word] ‘goal’’ These were the things that were communicated to me, were the things that I had to say,” Bertino detailed.
“I would give an answer, and then they would ask the question in a different way, and be like, “OK, well what if I ask you this [How would you answer]?’”
“Basically yes, I had to frame my answers to help build the story. After my charges and after I had to take my plea deal, I flew to DC to the prosecutors office, they fellow me up there and they met me in person, I had everybody there, Jocelyn Ballantyne, was there, Jason McCullough was there,” he says.
“The whole room was full of people when I flew up there. That was one of the coaching sessions, they practiced cross examining me. They’d send feedback to my attorney, like ‘Hey, “This was said but this was not what we want, so we need to mold him to say it this way’.”
“That was pretty coached,” Bertino says.
“We didn’t do a crime. We didn’t do anything. Look what they did to Enrique. 22 years and he wasn’t even at the Capitol. So that just proves that they were not just threatening, they were going to do it,” Bertino asserts.
“The weight of the federal government on your shoulders was a pretty big threat. That felt like a threat to me,” Bertino says.
Bertino made a point to express his deep remorse for his key role in the convictions of his former friends.
“Those guys were my friends that, you know, they they … pressed me to turn on. I love them. And watching them get convicted and sentenced to these outrageous sentences for things that they didn’t do broke my heart. Broke America’s heart that was standing by and watching it. I hope that maybe we can bring some change to the way the legal system works. But yeah, those guys were innocent of those charges that they got,” Bertino said.
You can watch Bertino’s sworn video affidavit here, or by watching the video below.
You can read Jeremy Bertino’s sworn affidavit here.
1776 Never Delivered
The lynchpin piece of evidence used to convict Tarrio and the other Proud Boys is a document known as “1776 Returns.”
Politico and NBC News blared so-called “news” stories across the internet touting the document as the smoking gun evidence proving that the Proud Boys were responsible for the so-called “insurrection.”
According to POLITICO, the “1776 Returns” document showed that the Proud Boys didn’t just have an outsize role in Jan. 6, but that they may have had a role in planning it, too.”
Bertino’s sworn affidavit and his coerced testimony confirm that the 1776 document played a central role in the Justice Department’s malicious prosecution of the Proud Boys.
“Nicole Miller brought out the 1776 document and told me that Enrique had wrote it. And the way she presented it, it looked pretty damning,” he explained.
“Come to find out later he didn’t [have it]. He had nothing to do with writing it, but she said it was in his possession, it was, you know, he had it.”
Not only did Nicole Miller lie about Enrique’s involvement with the document, she lied about his ever having seen it in order to coerce Bertino’s testimony, according to court room testimony, according to interviews conducted with multiple on-record sources.
Court room testimony given during Tarrio’s trial proves beyond a shadow of a doubt that Nicole Miller lied about the 1776 document being integral to anything that happened on January 6th, Enrique Tarrio told National File in an exclusive interview for this report.
In his exclusive interview with National File, Tarrio said that at some point toward the end of December, an acquaintance sent the 1776 document to him via telegram.
The problem for Biden’s DOJ is this fact, which was proven out in court, is that Tarrio never opened the message.
Between the end of December and after January 6th, Tarrio never even read the messages sent to him. He physically could not. He had 1.4 million unread messages in his telegram.
In fact, Tarrio tells National File, he didn’t even open the document until either January 7 or 8.
Nicole Miller either doesn’t grasp the mathematical concept that 7 and 8 follow 6 on a calendar, or she intentionally hid the fact that Tarrio never opened the message, according to logic.
FBI Special Agent Nicole Miller’s reputation has taken a beating. During the trial, the bombshell revelation that Miller intercepted communications between Proud Boy defendants and their attorneys — a clear violation of Attorney-Client privilege.
Occasionally information lapses do occur in the practice of law. In such a case, it is standard for both prosecuting and defense attorneys to flag the information which they saw and were not supposed to see so that it may be protected and cited for the record.
In the case of Nicole Miller, Miller continued to compile the communications between Proud Boy attorneys and their clients, and she then used the communications about people to indict more individuals so that those individuals would be unable to assist in the defenses of those Proud Boys the DOJ was prosecuting.
The violation of such ethical protocols to aid the prosecution before trial is potentially illegal, and at a minimum unethical.
Tarrio, who was arrested on January 4th, before January 6th, had his phone confiscated. As a result, it was frozen in time from that day forward, and put on airplane mode.
His phone was sent to Israel, to a federal contractor called Cellebrite. they took a year to crack and assess the information on Tarrio’s phone, and in so doing, prosecutors came across the document.
“They knew I hadn’t opened it. They told the grand jury that it was on my phone. They knowingly lied to the grand jury. And that document is why I got indicted, and why it took so long to indict me,” Tarrio told National File.
In fact, a forensics expert testified on the stand that Tarrio never opened the 1776 document.
Had the document included a legitimate action plan to stage an insurrection, the mere revelation of the fact that Tarrio had never even read the document should have rendered the DOJ prosecution moot.
But Biden’s prosecutors continued their malicious prosecution.
When one reads the document, it becomes even more evident that the entire prosecution was a malicious show trial aimed at producing a political outcome rather than anything resembling justice.
“The document itself is not nefarious. It has a plan for a sit-in at senate Rayburn Senate Office Building,” Tarrio explained to National File.
Indeed, the simplistic document lays out plans similar to the protests leftists have staged in that building.
You can read the “1776 Returns” document here.
The Aftermath
Since the November January 2025 inauguration of Donald Trump, the so-called “Seditious Five” have all either been pardoned or had their sentences commuted.
While Tarrio’s sentence was the longest, at 22 years, he received a full pardon.
Meanwhile, Joe Bigg’s sentence was merely commuted. Biggs has suffered as a result.
Joe Biggs, a two-time Purple Heart recipient and honorably discharged Staff Sergeant in the U.S. Army, was sentenced to 17 years in prison, causing the loss of all of his military benefits.
Biggs was blown up by an IED in Iraq in 2006, after which he was honorably discharged.
Biggs’ retirement benefits were cut off, as well as his health care benefits – two very real difficulties for someone who was injured in battle in the Middle East.
One of the prison gulag guards told Biggs on his release, “You’re not getting pardoned. You’re only getting your sentence commuted, so you’re still a terrorist.”
“It’s like you’re out of jail, but you’re still in jail,” Biggs said after his release. “You’re kind of a burden on your family when you’re in prison. But now I come home and I’m just draining money. I’m not bringing anything to the table to help my family. So I’m more of a burden, and I don’t fit in. I don’t feel right,” he said.
Biggs is now one of only 14 people in the entire country to face any lasting legal consequences for what is now widely seen as a false flag operation executed by Nancy Pelosi, Mike Pence, and Mitch McConnell.
Proud Boy leader Enrique Tarrio also spent a significant amount of time in prison – much of it in solitary confinement – despite the fact that he was not even in D.C. on January 6th.
Tarrio, who spoke to National File in an exclusive interview for this report, is quick to highlight Biggs’s plight.
“Joe Biggs has gotten a raw deal,” Tarrio said. At this point I’m sure he’d take a pardon at this stage in the game, but even that might not be enough at this point.”
Biggs is trying to get his life back together, but it’s difficult.
“The benefit I received with my pardon is less palpable than Biggs’s with his commutation,” Tarrio explained.
Proud Boy Ethan Nordean also received a commutation of his 18 year sentence.
Nordean was charged with four federal crimes, including obstructing an official proceeding, aiding and abetting injury to government property, disorderly conduct, and knowingly and violently entering a restricted building, for which he faced more than 30 years in prison.
Ultimately Dominick Pezolla was sentenced to 10 years and Zachary Rehl to 15 years in federal prison.
In what has come to be viewed as one of the most egregious and systematically executed violation of civil rights since the middle of the 20th century, Biden’s Justice Department denied bail requests for each of the “Seditious Five.” The Proud Boys and hundreds of political targets were persecuted by Merrick Garland and his FBI and Dept. of Justice, many of whom spent years in prison during Biden’s presidency as federal prosecutors ignored due process and dragged out prosecutions in an effort to get their key witnesses teed up and ready to deliver their performative courtroom testimonies.
Upon being arrested and raided by the FBI in March of 2022, Bertino is now free to testify that he first told the FBI that there was no insurrection planned for January 6th.
Bertino is very clear on the idea that he initially relayed the truth that the Proud Boys did nothing to federal prosecutors during his first several meetings with them. Now, free of the threat of being maliciously targeted and free from potential criminal liability, Bertino has returned to that original truth.
Bertino says he doesn’t know whether or not his many coaching sessions with FBI agents and DOJ prosecutors were recorded, and says they should have been, but that “They’re the FBI. They can obviously do whatever the hell they wanna do.”
Biggs, whose X handle is @RealRamboBiggs and Tarrio, whose handle is @NobleOne, both tell National File they’re ready to tell their side of the story as well.
The post EXCLUSIVE BOMBSHELL VIDEO: KEY DOJ WITNESS SAYS BIDEN FBI THREATENED, COERCED HIM TO SECURE PROUD BOY CONVICTIONS appeared first on National File.
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Author: Noel Fritsch
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