four leading members of the proud boys have been charged in this conspiracy case and now the judge is telling prosecutors the case can move forward and he won't dismiss it, despite arguments from the proud boys that they claim their actions were constitutionally protected. you mentioned this is a trump-appointed judge. he's rejected the proud boys claim that the riot was protected by the first amendment. this is what judge timothy kelly wrote. defendants are not as they argue charged with anything like burning flags, wearing black arm bands or participating in sit-ins or protests. even if it had some expressive aspect it lost whatever first amendment protection it may have had. interestingly, judge kelly is now the fourth federal judge to side with prosecutors allowing a case like this to move forward. and it really gives a win and some momentum for prosecutors as they gear up for the first trials about january 6th. those are set to start up in february very soon. >> jessica schneider, thank you.