A federal judge in Washington D.C. has approved Jan. 6 defendant John Earle Sullivan’s request to subpoena a California filmmaker who followed him around the Capitol and was filmed in the Rotunda giving him a hug and telling him, “We did it!”
Jury selection in Mr. Sullivan’s trial will begin Oct. 23, and opening arguments are expected on Oct. 25 in Judge Lamberth’s courtroom.
Mr. Sullivan has been portrayed as a self-described political activist who attended Black Lives Matter protests in 2020 and was anti-Trump.
Mr. Sullivan shot a video of Ms. Sacker embracing him in the Capitol on Jan. 6, saying, “I'll give you your hug now. We did it. You were right. We did it!”
Mr. Sullivan replied: “Dude. I was trying to tell you. I couldn’t say much. ...Is this not going to be the best film you ever made in your life?”
“You aren’t recording, are you?” Ms. Sacker asked.
“I'll delete it,” Mr. Sullivan said.
Known on social media as Jayden X and Activist John, Mr. Sullivan filmed the shooting of Air Force veteran Ashli Babbitt outside the House Speaker’s Lobby just before 2:45 p.m. on Jan. 6. Standing at a window panel at the entrance doors, Mr. Sullivan captured the service weapon of Capitol Police Capt. Michael Byrd emerging into view as Capt. Byrd aimed at the hallway full of protesters and rioters.
“There’s a gun! There’s a gun! There’s a gun!” Mr. Sullivan exclaimed. Journalist Tayler Hansen, who was also filming, then shouted, “He’s got a gun!”
Seconds later, Capt. Byrd lunged toward the north side of the entrance and fired at Ms. Babbitt, who had climbed into the broken-out window frame. She fell back onto the hallway floor, mortally wounded.
As Ms. Sacker filmed Mr. Sullivan in a fast-moving crowd on the Upper Northwest Terrace, he said, “There’s so many people. [Expletive] yeah. I can’t believe this is reality.
“We accomplished this sh*t. We did this sh*t,” he continued, according to his video. “Together. [Expletive] yeah! This is [expletive] history!”
Free, Pending Trial
Mr. Sullivan was arrested by the FBI in Salt Lake City on Jan. 14, 2021. A U.S. magistrate judge in Utah ordered Mr. Sullivan released pending a detention hearing in Washington, D.C.Magistrate Judge Robin Meriweather denied the U.S. Department of Justice’s request to jail Mr. Sullivan pending trial. On Feb. 16, 2021, Judge Meriweather ordered Mr. Sullivan released on personal recognizance.
“They were initially surprised that I wanted to make a film about their relationship with a family member who each saw as their own worst enemy,” Ms. Sacker told Variety. “But I told them it would be a fair reflection.
“I wasn’t interested in doing a documentary about political figures,” Ms Sacker said. “I wanted to tell a human story at a time when it’s so easy to dehumanize and vilify people on the other side of a political divide.”
The film is being produced by Get Lifted Film Co., with executive producers including Mike Jackson and musician John Legend. Ms. Sacker’s father, Neil Sacker—a former executive at Miramax and Warner Bros.—is also an executive producer.
“It’s a fascinating inside look at one unique family guided by Jade, who brings an intimate and compassionate lens to this story, a unique quality that defines her directing style,” Mr. Jackson told Variety.
Ms. Sacker was not arrested or charged for her presence at the Capitol on Jan. 6. It isn’t clear if the video she shot that day was requested or seized by the FBI.
