Bennie Thompson Sues Trump, His Mobsters, and Rudy G under the NAACP Act

Congressman Bennie Thompson, who is the Chair of the Homeland Security Committee, just sued the Former President, Rudy Giuliani, the Proud Boys, and the Oath Keepers under the Ku Klux Klan Act for setting off a mob on January 6. Effectively, Thompson argues that the conspirators deliberately set off an insurrection and the insurrection succeeded in preventing Thompson from performing his duties in certifying the vote.

4. In furtherance of this common goal of preventing the timely approval of the Electoral College vote count, the Defendants acted in concert to incite and then carry out a riot at the Capitol by promoting an assembly of persons to engage in tumultuous and violent conduct or the threat of it that created grave danger of harm to the Plaintiff and to other Members of Congress.

5. This conduct jointly undertaken to threaten the Plaintiff and other Members of Congress in order to disrupt the Electoral College vote count was part of an ongoing course of action pursued by the Defendants for the purpose of contesting the announced results of the presidential election held in November 2020 and preventing the duly elected President and Vice President from attaining approval of Congress of their election necessary to their inauguration.

6. The insurrection at the Capitol was a direct, intended, and foreseeable result of the Defendants’ unlawful conspiracy. It was instigated according to a common plan that the Defendants pursued since the election held in November 2020, culminating in an assembly denominated as the “Save America” rally held at the Ellipse in Washington, D.C. on January 6, 2021, during which Defendants Trump and Giuliani incited a crowd of thousands to descend upon the Capitol in order to prevent or delay through the use of force the counting of Electoral College votes. As part of this unified plan to prevent the counting of Electoral College votes, Defendants Proud Boys and Oath Keepers, through their leadership, acted in concert to spearhead the assault on the Capitol while the angry mob that Defendants Trump and Giuliani incited descended on the Capitol. The carefully orchestrated series of events that unfolded at the Save America rally and the storming of the Capitol was no accident or coincidence. It was the intended and foreseeable culmination of a carefully coordinated campaign to interfere with the legal process required to confirm the tally of votes cast in the Electoral College.

It combines many of the allegations laid out in the impeachment inquiry with the allegations laid out in some — but not the most recentOath Keeper and Proud Boy conspiracy cases.

There are old details not included — such as that Trump’s DOJ treated threats from Proud Boys against Judge Amy Berman Jackson to be a technicality, as well as recently revealed details not included, including details about how the Proud Boys prevented cops from shutting down access to the tunnels.

But there are a lot of key details, down to lawmakers contracting COVID after he was stuck sheltering with colleagues who refused to wear masks.

126. By being required to shelter in place, Plaintiff Thompson and other Members of Congress were forced to occupy space that did not allow for the social distancing measures that minimized the risk of transmission of the virus.

127. Shortly after the siege on the Capitol ended, at least two other Members of Congress who shared the confined space with Plaintiff Thompson tested positive for COVID-19.

It is a well-argued suit and we will see what happens (bmaz warns that a criminal conspiracy charge against Trump is a ways off, which it is, temporally, though he doesn’t consider the object of the conspiracies actually being charged, which is very similar to what Thompson alleges).

If nothing else, this will oblige the defendants to retain documents until such time as the FBI comes looking for them.

Update: Corrected that Thompson did not contract COVID and my defendants/plaintiff problem.

On Conspiracy

In comments, Harpie went back to Elizabeth de la Vega’s summary of conspiracy.

Since Eureka brought this up above, I figured it might be timely to post it again:

Conspiracy Law – Eight Things You Need to Know.
One: Co-conspirators don’t have to explicitly agree to conspire & there doesn’t need to be a written agreement; in fact, they almost never explicitly agree to conspire & it would be nuts to have a written agreement!
Two: Conspiracies can have more than one object- i.e. conspiracy to defraud U.S. and to obstruct justice. The object is the goal. Members could have completely different reasons (motives) for wanting to achieve that goal.
Three: All co-conspirators have to agree on at least one object of the conspiracy.
Four: Co-conspirators can use multiple means to carry out the conspiracy, i.e., releasing stolen emails, collaborating on fraudulent social media ops, laundering campaign contributions.
Five: Co-conspirators don’t have to know precisely what the others are doing, and, in large conspiracies, they rarely do.
Six: Once someone is found to have knowingly joined a conspiracy, he/she is responsible for all acts of other co-conspirators.
Seven: Statements of any co-conspirator made to further the conspiracy may be introduced into evidence against any other co-conspirator.
Eight: Overt Acts taken in furtherance of a conspiracy need not be illegal. A POTUS’ public statement that “Russia is a hoax,” e.g., might not be illegal (or even make any sense), but it could be an overt act in furtherance of a conspiracy to obstruct justice.

de la Vega has been consistently good on conspiracy going back to the first failed impeachment effort and the lead up to it. I posted this at least once before, think on a post I penned, but not sure, so am going to put this out here again.

At any rate, here are a set of model jury instructions (that I have previously patterned off of for real trials) for a conspiracy case. They are for a drug case, but conspiracy is conspiracy, and the law is pretty much the same, and has long been. What Harpie cited from de la Vega is correct. But to give you a look at how it actually goes down in a court, check out actual pattern jury instructions, because real instructions are always the guide in a real criminal trial. Substitute in the elements for 18 USC §373 and 18 USC §2101, or any of the other various putative crimes being discussed ad nauseam and you will get the picture.

As you read through them, keep in mind the question of “what holes could a competent criminal defense attorney drive a truck through here given a beyond a reasonable doubt burden?”

Now would Trump acquire an actually competent criminal defense attorney were, in the unlikely event he is really charged? Now there is a great question! But, if he were to, there are currently still a LOT of holes. People are getting ahead of themselves. Read the instructions, they scan pretty fast. But keep in mind that once you charge and put a defendant, any defendant, on trial, things are not as easy as they are here or on social media.

Roger Stone Denies Palling Around with Alleged Terrorists [on January 6]

On Sunday, the NYT had a really good piece showing that six members of the Oath Keepers that “guarded” Roger Stone on January 5 and 6 went on to participate in the insurrection. Curiously, most don’t obviously show up in the FBI BOLO pictures and the face of at least one was cut off in a larger picture of Oath Keepers, which I suspect means the FBI doesn’t want to advertise any interest they have in them.

Even before the NYT report, in response to CNN and ABC reporting on his ties to the Oath Keepers, Stone wrote a rebuttal disclaiming any tie to their actions on January 6.

The rebuttal starts and ends with lies about the Mueller investigation, claiming they found no proven link with WikiLeaks when in fact the release he talks about showed multiple ongoing investigations (that is in March 2019) into his role in the Russian CFAA hack, and then claiming he was investigated for treason, and not conspiracy.

These are the very same news outlets who failed to report that their previous claims against me – that I was aiding the Russian state or a collaborator with Wikileaks proved to be completely false according to the US Justice Dept. Those who made those accusations failed to report the court-ordered disclosure by the DOJ, the last actions of Mueller’s report in which they admitted they had no such evidence whatsoever and even if they had proven a link between me and Wikileaks, which they found no evidence of, those activities would not have been illegal.

[snip]

The very same fake news media outlets who defamed me and insisted falsely that I was guilty of treason and other high crimes and then failed to acknowledge that an unlimited $30 million-dollar investigation provided no such evidence now seek to use me a clickbait and an easy target with entirely false allegations that I had any role whatsoever in the politically stupid, destructive and illegal acts that took place at the US Capitol on January 6th.

So we should assume that in spite of Stone’s self-publicized recommitment to Catholicism, he continues to lie as blatantly as he always has.

Consider how he denies any involvement in events that have been charged — against the Oath Keepers as well as against Stone’s buddies in the Proud Boys — as a conspiracy to hinder the official proceeding of counting the certification of the Electoral College vote. One strand of his defense is that he didn’t leave the hotel on January 6 until he left for his plane (reportedly, because his speech at the rally had been cut).

These jackals in the media, who know better, again make baseless accusations against me using conjecture and “guilt by association” to imply that I was somehow involved in the illegal events of January 6th. I was not present, I knew nothing about them and denounced them on my now-defunct PARLER feed when I saw the images on TV.

The claims by these so-called journalists are categorically false as I was not present on the Ellipse, did not march to the Capitol, was not on the Hill and, like AOC was not at the Capitol that day.

In fact, other than the brief moments out in front of the Williard Hotel which CNN falsely reported I was departing from, I never left the Williard Hotel property because Hotel management prohibited congregating in the lobby due to the Mayor’s Covid 19 restrictions. Therefore I never left the hotel property on January 6th until leaving for Dulles Airport around 6:00 P.M.

[snip]

In fact, I never left the grounds of the Willard Hotel.

I stepped outside briefly when the hotel objected to anyone congregating in the lobby due to Covid-19 declarations by the Mayor.

Of course, that’s only a denial about his actions on January 6. The conspiracies charged against the Oath Keepers and the Proud Boys began weeks earlier, in preparation.

He spends a good deal of time denying he knew of any wrong-doing from the Oath Keepers and — thrown in once almost as an afterthought — the Proud Boys.

CNN rushes to characterize the Oath Keepers as criminals, which I have not seen any evidence of, and to my knowledge has never been proven in any court. I reserve the right to change my opinion if anything surfaces, which I am unaware of today. Based on what I have seen to date, ABC, CNN, and all of the low-rent left-wing advocacy news/smear sites are engaged in one vicious “guilt by association” campaign of distortion and baseless conjecture.

[snip]

If the Oath Keepers are the terrorists as some in the media claim and were involved in the planning and execution, I was not aware of any such thing.

[snip]

I know of no wrongdoing by the Oathkeepers or the Proud Boys.

But he’s talking about whether they are criminals, terrorists, or engaged in wrong-doing, not if they engaged in a concerted plan to disrupt the counting of the Electoral College vote.

He does, ultimately, say that if there’s credible evidence of a conspiracy against them, they should be charged for that (in statements on Parler that have since been deleted, he condemned the violence).

If there is evidence of that and if individual members of the organization committed unlawful acts, they should be prosecuted. If new credible information surfaces that reveals a conspiracy, everyone involved in such a conspiracy should be prosecuted.

It’s that line about a conspiracy I find most curious, given thats what has been charged. In the video from January 6, someone asks him if “we have this today.” He responds, seemingly acknowledging common understanding of what “this” is, “We shall see.” That’s the kind of intent that shows up in social media that DOJ has cited in charging documents.

More interestingly, Stone admits he raised money for security for January 6 (an observation MoJo’s Dan Friedman made), but says that the people guarding him were, instead, volunteers. The Oath Keepers’ recruiting post for the day actually invoked Stone’s name in talking about their “security” function.

Just as we have done at all the previous rallies in DC since the election, Oath Keepers volunteers will be conducting PSDs for multiple high profile speakers over both days, and our teams will be either directly responsible for event security or assisting event security on both days.   We will also have roving teams out that will be on the lookout for Antifa/communist terrorists who like to attack the weak and vulnerable.  We will be providing free security escorts to any patriot who needs one, into the night.   Just be on the lookout for men wearing our Oath Keepers hats, shirts, or patches, and ask them for help, and they will help you.    Our ethos is “first ones in, last one’s out” and we will stay out as late as we have to in order to keep the vulnerable safe from Antifa street thug terrorists.

As always, while conducting security operations, we will have some of our men out in “grey man” mode, without identifiable Oath Keepers gear on.   For every Oath Keeper you see, there are at least two you don’t see.   That keeps the bad guys uncertain of how many of us there are, or where we are.

Over the years, Oath Keepers has conducted hundreds of highly successful volunteer security operations all over the nation, protecting patriots from communist terrorist assault.  From the streets of Berkely, [sic] CA (two separate rallies), to Portland, Boston, Washington DC (six times and counting), Dallas, Austin, Sacramento, etc, including providing volunteer security escorts outside twelve Trump campaign rallies, and many PSD details for high profile VIPs, such as Roger Stone, as well as many elected officials and election fraud whistle-blowers and patriot office holders.   Our men are skilled “quiet professionals” who take pride in doing their work efficiently and effectively, without drama. [my emphasis]

Remember: way back during Stone’s Stop the Steal 2016 incarnation, there were questions about the propriety of his fundraising, and the government showed at Stone’s trial that Stone was asking Rick Gates for lists and asking Steve Bannon, while he was Campaign CEO, for help getting funding from Rebekah Mercer. This time around, he explicitly raised money, but says it didn’t get spent, on what would be funds for people who ended up having a key role in the attack.

For conspiracies that started months ago, the question is not whether Roger Stone was at the Capitol swinging a baseball bat on January 6. The question is whether he entered into an agreement to disrupt the constitutionally mandated official event of counting the votes and took overt acts — before January 6 or on that day — to advance that goal.

Three Things: Eff These Effing Effers

That mealy-mouthed compromised weasel Lindsey Graham spent a lot of time whining on the Sunday talk show circuit this weekend.

Somebody out there has the dirt on Graham. Just. Spill. It. Find a vehicle to do the job, get yourself clear, and let it rip because all of us, Democrats and Republicans alike, are going to spend too much time mopping up Lindsey’s alligator tears if his personal problem isn’t addressed out in the open.

He wouldn’t be doing all this whining about Democrats and backstabbing his own party if he was hidey-holed trying to lick his wounds. It’s not like he’s got anything to lose in 2022 or 2024 because he was just re-elected, goddamn it all.

Just. Spill. The. Dirt. Lance the festering boil animating Graham. Back up the truck, press DUMP, and run like hell.

~ 3 ~

Until somebody gets smart and dumps the dirt on Graham, we need to regroup and get in gear for 2022. We can’t lose the Senate or we’ll end up with two years of stagnation and worse. If the last two years were bad, an economic depression making the 1930s look like a piece of cake could result from the GOP taking the Senate again.

Here’s the targets of our offense:

State Class III Cook PVI Age Now Open ‘2018 Moscow Convict Trump
Pennsylvania Pat Toomey (R) Even 59 Open N Y
Wisconsin Ron Johnson (R) Even 65   Y N
Florida Marco Rubio (R) R+02 49   N N
Iowa Chuck Grassley (R) R+03 87   N N
North Carolina Richard Burr (R) R+03 65 Open N Y
Ohio Rob Portman (R) R+03 65 Open N N
           
Arizona Mark Kelly (D) R+05 56   N Y
Georgia Raphael Warnock (D) R+05 51   N Y
           
South Carolina Tim Scott (R) R+08 55   N N
Alaska Lisa Murkowski (R) R+09 63   N Y
Missouri Roy Blunt (R) R+09 71   N N
Indiana Todd Young (R) R+09 48   N N
Louisiana John Kennedy (R) R+11 69   Y N
Kansas Jerry Moran (R) R+13 66   Y N
Alabama Richard Shelby (R) R+13 86 Open Y N
South Dakota John Thune (R) R+14 60   Y N
Arkansas John Boozman (R) R+15 70   N N
Kentucky Rand Paul (R) R+15 58   N N
North Dakota John Hoeven (R) R+17 63   Y N
Idaho Mike Crapo (R) R+19 69   N N
Oklahoma James Lankford (R) R+20 52   N N
Utah Mike Lee (R) R+20 49   N N

These are all the GOP seats up for re-election or open in 2022, sorted by their Cook Partisan Voting Index rating. The strongest rated GOP are at the bottom, the weakest at the top.

There are three columns identifying which seats are open, which of these GOP senators went to Moscow on July 4 in 2018, and which ones voted to convict.

Sen. Shelby, one of those who went to Moscow, is 86 years old. He’s likely retiring due to age; it’s not clear why Putin would have ensured he was invited unless he knew something about Shelby not obvious to us. But Shelby is the likely ceiling on Cook PVI at R+13.

I’ve inserted two of the newest Democratic senators in the table, noting their state is rated R+5. This should tell us that every single seat at R+5 to Even is highly gettable with solid organizing on the ground. If you live in one of these states, you should be looking into helping as soon as possible. Those two Democrats, Kelly and Warnock, also need help; they won a special election, but must now fight for the Class III seat for the full six-year term.

Every one of the GOP senators who went to Moscow is vulnerable. Moscow wouldn’t have invited them if they weren’t either compromised, soft and could be compromised, or whatever psychographic and demographic data Putin’s data trolls had pulled together indicated these seats would trend left long before the pandemic.

Louisiana, for example, is increasingly non-white, its population become less white and more non-white at a rate of 1/4% per year. In 2018, the state was 58.4% non-Hispanic white. COVID may have stemmed some of that shift by way of Team Trump’s passive genocide by neglect, but that still means 41.6% of the population is non-white. Strong, effective organizing like that in Georgia this last election season could make Louisiana gettable, and it could explain why Moscow reached out to Sen. Kennedy.

Iowa is gettable for other reasons — the damage Trump did to farmers with his unnecessary trade war, Chuck Grassley’s decrepitude, a strong Democratic candidate pipeline, to name a few. What Iowa will need, though, is to get its act together with regard to its primary process. DNC’s new chair Jaime Harrison may be looking into this early rather than later to assure smooth sailing into 2022.

Speaking of Harrison, all those other less-gettable seats shouldn’t be ignored. Harrison appears ready to reinstitute a 50-state strategy leaving no seat uncontested. Kentucky, for example, shouldn’t be ceded because it’s rated R+15 and McConnell just won re-election there; if Charles Booker was interested in running against Rand Paul, he could stand a decent chance of winning, let alone make Paul work hard for his seat.

Pick a race or two. Get engaged early. Figure out how to help. Do not let the fascist GOP believe it has a chance at continued minority rule.

~ 2 ~

A new conservative party may soon emerge, consisting of more traditional conservatives who identified as Republican and are not Trump supporters.

This is a good move; I hope these folks do all the right things, getting their party formally established and organized in all 50 states. Could these folks peel away a few centrist Democrats? Possibly. But they’re more likely to fragment the power of the existing GOP.

We’d also be closer to a multi-party model than we have been, preventing a far more fascist entity like the Party of Trumpism from taking control of any branch of government.

Many Democrats have been upset about House Speaker Pelosi’s remarks saying this country needs a strong Republican Party:


But I wonder if what she really meant was a the country needs a strong party which believes in a republic — a democratic republic — giving a subtle nod to McMullin and the other breakaway Republicans who are interested in a pro-democracy conservative party.

Consider the timing of her remarks made on Saturday, while McMullin discussed the potential new party on Friday.

~ 1 ~

Of all the whining that pasty, soft-handed, slack-assed Graham did this weekend, this pissed me off the most.

Right, asshole. You want to impeach the first Black-Asian woman VP because she supported First Amendment-protected peaceful protests against racist police brutality while she was a senator? Or are you really just eager to impeach Harris because she’s Black-Asian, woman, and a VP like you will never be?

Go ahead and try it, whiner. You’re only giving every American who is non-white and/or woman impetus to organize even harder to get out the mothertrucking vote.

I really do hope there’s a new pro-democracy conservative party ready to run for Lindsey Graham’s seat in six years. I’d even donate money to them to see them make him whine even harder.

~ 0 ~

If you’re inside the polar vortex, I hope you’re able to stay warm. Reduce your electricity consumption as much as you can tolerate it to keep the load on the grid down. This web site is cheesy looking but it has some decent pointers about keeping warm. If you’re not in the vortex, do some emergency preparedness work because we don’t know with certainty how this or the next vortex will pan out.

And for dogs’ sake, stay off the road if at all possible if you live where snow and ice are rarities.

Oh, and double mask to protect against the newer highly-transmissible UK version of COVID.

Mike Lee Provides Key Evidence Implicating Trump in the Existing Criminal Conspiracy

Because Donald Trump’s Personal Injury lawyer, Michael Van der Veen, made a specious argument about the First Amendment to successfully give 43 Republicans cover to vote to acquit the Former President in his impeachment trial, the discussion about Trump’s potential criminal exposure for January 6 (which according to CNN he is concerned about) has largely focused on incitement charges.

That’s true even though the trial led Mike Lee to offer up evidence implicating Trump in the same conspiracy charges already charged against 10 defendants: conspiring to delay Congress’ official proceeding to certify the electoral college vote. As I have noted, DOJ has started mapping out conspiracy charges against both the Oath Keepers and the Proud Boys:

While there are differences in the scope of the conspiracy and overt acts involved, all three charging documents charge defendants with conspiring “to stop, delay, and hinder Congress’ certification of the Electoral College vote,” effectively conspiring to commit 18 USC 1512, tampering with the official procedure of certifying the electoral college vote, an official procedure laid out in the Constitution.

And in spite of their votes to acquit the Former President last night, both Tommy Tuberville and Mike Lee provided evidence that the FBI might use to investigate Trump in that conspiracy. As I noted days after the attack, during the attack, Trump twice attempted to reach out to Tuberville to ask him to delay the count. The second time, Rudy Giuliani even left a message specifically asking for a delay as such, precisely the object of the already charged conspiracy charges.

I know they’re reconvening at 8 tonight, but it … the only strategy we can follow is to object to numerous states and raise issues so that we get ourselves into tomorrow—ideally until the end of tomorrow.

I know McConnell is doing everything he can to rush it, which is kind of a kick in the head because it’s one thing to oppose us, it’s another thing not to give us a fair opportunity to contest it. And he wants to try to get it down to only three states that we contest. But there are 10 states that we contest, not three. So if you could object to every state and, along with a congressman, get a hearing for every state, I know we would delay you a lot, but it would give us the opportunity to get the legislators who are very, very close to pulling their vote, particularly after what McConnell did today. [snip]

Over the last few days, both Tuberville and Lee offered up more details on the earlier call. Tuberville confirmed the content of the call, including that he told the President that his Vice President had been evacuated.

Sen. Tommy Tuberville revealed late Wednesday that he spoke to Donald Trump on Jan. 6, just as a violent mob closed in on the the Senate, and informed the then-president directly that Vice President Mike Pence had just been evacuated from the chamber.

“I said ‘Mr. President, they just took the vice president out, I’ve got to go,’” Tuberville (R-Ala.) told POLITICO on Capitol Hill on Wednesday night, saying he cut the phone call short amid the chaos.

And Lee — who twice demanded that references to this call be removed from the Congressional record — ultimately provided phone records showing that even after Pence had been publicly rushed to safety, Trump was still working on delaying the vote rather than addressing the danger. Trump tweeted about Pence at 2:24, specifically complaining that Pence hadn’t given states a chance to “correct” facts, effectively a complaint that Pence had not disrupted the orderly counting of the vote.

Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!

And then, two minutes later, Trump attempted to call Tuberville and, after Lee turned over his phone to the former coach, spoke to him for four minutes. It matters that Tuberville told Trump about the evacuations, though it is highly unlikely he had not been informed both informally and formally at that point. But it matters just as much that even after the insurrectionists had breached the building, Trump took two overt acts to attempt to delay the vote.

A Trump defense might argue — as his Personal Injury Lawyer did this week — that he was just trying to count the votes, but Trump had already made an unconstitutional request of Mike Pence, something Trump’s team provided no defense for. And that’s before you consider the evidence that Rudy, at least, was in direct contact with James Sullivan, who is affiliated with the group, the Proud Boys, that has already been accused of conspiring to breach the Capitol (indeed, another conspiracy case, against Proud Boys Dominic Pezzola and William Pepe, charges that they conspired to interfere with cops trying to keep protestors out of the Capitol, and the Chrestman indictment also includes that as a separate conspiracy).

I’m not saying this will definitely happen. The bar to charging a Former President remains high.

But DOJ has already charged ten people for doing what Trump was also demonstrably doing that day. And, partly because of Mike Lee’s desperate effort to avoid having the record of him implicating Trump in the congressional record, Lee ended up making the timeline of the events public without the FBI having to breach speech and debate concerns to obtain it. By doing so, Lee made it easier for the FBI to make a case against Trump if they ever attempt to do so.

Mike Lee may have helped prevent Trump from being barred from running for President again. But Mike Lee also made it easier to prosecute Trump for those very same acts.

Update: NYT just posted a story showing that six of the Oath Keepers Roger Stone was palling around with leading up to the attack entered the Capitol on January 6.

Most People Suspected of Assaulting Officers in the January 6 Attack Remain at Large

There continue to be efforts to make grand judgments about the January 6 insurrectionists base off a review of the ~207 people who have been charged federally thus far. In my opinion, that’s a mistaken effort, unless the analysis breaks the current arrestees up into groups, first by excluding the 100 or so people just charged with trespassing crimes, who will appropriately be treated as people who engaged in civil disobedience.

Of the rest, there are maybe 25 who are members of an identified militia group. But that group is just a fraction of the total numbers of militia members we should expect will be arrested, because anyone in the Capitol or who planned to halt the vote certification can be charged, and we know of the people who joined Jessica Watkins’ Oath Keepers’ formation, as well as a busload of others from North Carolina. Plus, there are at least 10 more Proud Boys — probably significantly more — identifiable from videos as active participants. In other words, the number of militia members will continue to grow.

There’s another set of people — like Zip Tie Guy (Eric Munchel) and his mother — not known to have ties to militia (though definitely friendly to them), but who took actions that DOJ seems to treat more seriously. So, too, are the people — many of them women — who directed and instigated the crowd.

But there are another two sets of people that the FBI is clearly pursuing, of whom just a fraction have been arrested and identified so far. One is the group of people wanted for assaulting the media (AOM in the FBI’s wanted pictures), which is reportedly being led by a special group at DOJ. There are about 27 people identified in this group right now, none of whom have yet been arrested).

A more obvious one are people who’ve assaulted cops (just three of whom so far have ties to militia groups), identified by AFO at the FBI site. Multiple reports say that around 139 cops were assaulted on January 6. Just 26 people have been charged with either 18 USC 111 for assaulting a cop, or in closely related charges. Meanwhile, there are roughly 134 BOLO images of people who are suspected of assaulting cops, meaning there may be over 100 people suspected of assaulting cops on January 6 at large right now. All told, they would make up over a third of Federal suspects, yet most haven’t been arrested yet.

Here’s my running list of the people who, as of 2/22, had been charged with intimidating or assaulting police. I’ve also tracked how the FBI found them — whether by a tip based off Social Media, a law enforcement tip (this group includes several felons), those FBI BOLO posters, or some other means.

  1. Daniel Page Adams, whose arrest affidavit describes engaging in a “direct struggle with [unnamed] law enforcement officers” (his cousin, Cody Connell, described the exchange as a “civil war”). Tip SM
  2. Zachary Alam, who pushed cops around as he was trying to break into the Speaker’s Lobby. BOLO 79
  3. Wilmar Alvarado, who pushed cops in the mob trying to get in from the West Terrace. BOLO 65
  4. David Blair, who poked a cop with a lacrosse stick with a Confederate flag attached.
  5. Matthew Caspel, who was filmed charging the National Guard. Tip SM
  6. William Chrestman, who is accused of threatening a cop as Proud Boys pushed their way past the original line of defense (charged with 18 USC 115). NM
  7. Bruno Cua, who was filmed shoving a cop to be able to get into the Senate. Tip LE
  8. Nathan DeGrave, whom security cameras caught threatening to fight cops. Network Sandlin
  9. Daniel Egdvedt, a large man who took swipes and grabbed at several officers as they tried to remove him from the Capitol. BOLO 76
  10. Scott Fairlamb, who was caught in multiple videos shoving and punching officers (one who whom is identified but not named); Cori Bush has said she was threatened by him last summer. Tips, including SM
  11. Kyle Fitzsimons, who charged officers guarding the doorway of the Capitol. BOLO 139
  12. Michael Foy, a former Marine who was caught on multiple videos beating multiple cops with a hockey stick. Tip SM
  13. Robert Giswein, who appears to have ties to the Proud Boys and used a bat to beat cops. NM
  14. Alex Harkrider, who after being filmed fighting with police at the door of the Capitol, posted a picture with a crowbar labeled, “weapon;” he was charged with abetting Ryan Nichols’ assault. Tip SM
  15. Emanuel Jackson, whom videos caught punching one officer, and others show beating multiple officers with a metal baseball bat. BOLO 31
  16. Douglas Jensen, the QAnon who chased Officer Goodman up the stairs, got charged with resisting him.
  17. Taylor Johnatakis, charged with 111.
  18. Chad Jones, who used a Trump flag to break the glass in the Speaker’s Lobby door just before Ashli Babbitt was shot and may have intimidated three officers who were pursuing that group. Tip NM
  19. Vitali Gossjankowski, who was interviewed about whether he had tased MPD officer Michael Fanone, causing a heart attack; instead he was charged with tasing CPD officer MM (BOLO 98 — with a second one mentioned)
  20. Edward Jacob Lang, who identified himself in a screen cap of a violent mob attacking cops and who was filmed slamming a riot shield into police and later fighting them with a red baseball bat. Tip SM
  21. Mark Jefferson Leffingwell, whom a Capitol Police officer described in an affidavit punching him. Onsite arrest
  22. Joshua Lollar, who described fighting cops and was caught in pictures showing himself in the front lines confronting cops. Tip SM
  23. Michael Lopatic, who allegedly assaulted some cops with Stager and Sabol, then took a BWC to hide the assault. BOLO 133
  24. Patrick Edward McCaughey III, who was filmed crushing MPD Officer Daniel Hodges in one of the doors to the Capitol. BOLO 62
  25. Jonathan Mellis, who used some kind of stick to try to jab and beat police. Tip SM
  26. Matthew Ryan Miller, who released fire extinguisher in close quarters. Tip SM
  27. Aaron Mostofsky, possibly for stripping a cop of his or her armored vest and riot shield. NM
  28. Ryan Nichols, who was filmed wielding a crowbar and yelling, “This is not a peaceful protest,” then spraying pepper spray against police trying to prevent entry to the Capitol. Tip SM
  29. Jose Padilla, who shoved cops at a barricade, then helped use a Donald Trump sign as a battering ram against them. Tip SM
  30. Dominic Pezzola, a Proud Boy who stole a shield from cops. NM (BOLO 43)
  31. Jeffrey Sabol, helped drag a cop from the Capitol and beat him while prone. LE arrest (erratic driving)
  32. Ryan Samsel, who set off the riot by giving a cop a concussion; he appears to have coordinated with Joe Biggs. BOLO 51 (though not IDed by BOLO)
  33. Robert Sanford, who was filmed hitting Capitol Police Officer William Young on the head with a fire extinguisher. Tip NM
  34. Ronald Sandlin, who tried to wrestle cops to keep the door to the Senate open. MPD tip
  35. Peter Schwartz, a felon who maced several cops. Tip NM (BOLO 120)
  36. Christian Secor, a UCLA self-described fascist who helped shove through some cops to break into the Capitol and then sat in the Senate chamber. Tip NM
  37. Barton Wade Shively, who pushed and shoved some police trying to get into the Capitol, punched another, then struck one of those same cops later and kicked another. BOLO 55
  38. Peter Francis Stager, who was involved in beating a prone cop with a flagpole. Tip SM
  39. Tristan Stevens, who fought cops with a shield and baton. Video
  40. Thomas Webster, who attacked a cop with a flagpole (BOLO 145)

One reason I made this effort was to show that many of these people were identified via other means, and really a big number of people remain on the FBI’s BOLO list.

Unsurprisingly, more people on this list have tried to destroy evidence or flee, meaning it will likely take more time to find them all. There’s also reason to believe that the FBI would prefer to wait to charge these people until they’ve shored up their case.

There are a few more cases that were originally charged as 18 USC 231 that I suspect may get charged as 111 after indictment (which has happened with DeGrave, Sandlin, and Miller), including these.

Craig Bingert (BOLO 105)

Hughes brothers (BOLO 42 and others)

Here are some other notable arrests for which the FBI released a BOLO. Note that the first 30 or so of those posters weren’t targeted to a particular crime, but some — like bullhorn lady Rachel Powell — were identified as AFO in their BOLO but not charged that way.

Joshua Black (BOLO 6)

Steve Malonado (BOLO 20)

William Pepe (BOLO 4)

Matthew Perna (BOLO 73)

Rachel Powell (BOLO 110)

Kevin Seefriend (BOLO 30)

Joshua Wagner (BOLO 34)

Republicans Prepare to Sanction a President Doing Nothing as the Country Was Assaulted by Terrorists

Joaquin Castro ended his second speech last night with these words:

He swore on a Bible to preserve, protect, and defend. And who among us can honestly say they believe that he upheld that oath? And who among us will let his utter dereliction of duty stand?

According to CNN, Republican Senators, while admitting that the Democratic description of the attack on the Capitol is compelling, are still inventing excuses for voting against convicting Donald Trump for it.

For most Republican senators, Wednesday’s presentation did not seem to affect how they’ll vote. Many are on record decrying the trial as unconstitutional since Trump is now a former president, and the punishment for conviction is removal. If convicted, however, Trump could also face a vote in the Senate barring him from ever again serving in public office.

Yet GOP senators including Marco Rubio of Florida would only say Trump bears “some responsibility” for the riot and argued the Senate should have no role in trying a former president.

“Who wouldn’t be?” asked Sen. Ron Johnson, a Wisconsin Republican, when questioned if he was shaken by the footage he saw on Wednesday.

But when asked if he held Trump accountable, Johnson said, “I hold those people responsible.”

That means it remains likely that Trump will be acquitted in the Senate.

Which is why the import of what Castro said is so important. It’s not just what Trump did do that makes him so dangerous: it’s what he didn’t do. Trump chose to do nothing to protect the Capitol as it was attacked by terrorists.

And most members of the Republican Party are okay with that, with a President who did nothing as the nation was attacked by terrorists.

Trump Impeachment II – The Beginning

And so it begins any minute now. Don’t fret, it will not take long, because Pelosi, Schumer and the Dems have so decreed out of political cowardice. Is that politically expedient at the start of the nascent Biden Administration? Maybe! But they all took an oath to protect and defend the Constitution, not their political expediency.

So where are we at the onset of proceedings?

The tentative schedule is this:

First, there will be a debate over the “Constitutionality” of even holding and impeachment trial at all. This is a ridiculous argument, and will fail, but with much cowardly GOP Senate support.

There will be up to four hours equally divided between the impeachment managers and the president’s counsel to debate the constitutionality of the trial. Again, that will fail as to Trump. Then there will be sixteen hours per side to argue their case. It will be predictable baloney from both sides, with no actual evidence submitted and admitted. And, no, “video presentations” do not count, that is simply argument by propaganda. Each party’s arguments are delimited by not being able to go over two days, and cannot exceed eight hours each.

“After the presentations are done, senators will have a total of four hours to question both sides. Then there will be four hours divided equally between the parties for arguments on whether the Senate will consider motions to subpoena witnesses and documents, if requested by the managers.

There will be up to four hours equally divided for closing arguments, along with deliberation time if requested by the senators before the vote takes place.”

Much of the above, though not all, came from an excellent report by Barbara Sprunt and Diedre Walsh at NPR.

Is this year another stupid and truncated show trial by Pelosi, Schumer and the Dems, in order to look like they are doing something while they are cowering? Of course it is. Same as it ever was.

There will also be discussion of an “organizing resolution”. Don’t fall for that, the parameters have already been agreed to behind the scenes.

Lastly, while joint stipulations may always be made, otherwise the general parameters are controlled by the extant Senate Rules on Impeachment. They are here for your reference.

And here is Leahy’s feckless “Dear Colleagues” letter.

Accused Insurrectionist Thomas Caldwell Claims to Have Top Secret Clearance

Yesterday, Thomas Caldwell — the man accused of being part of an Oath Keeper conspiracy on January 6 — submitted a motion fighting detention. In it, he claims all the accusations against him are false, there’s no evidence that he breached the Capitol (presumably based on certainty that his wife, who was allegedly with him, won’t testify to that fact), and that his bad back prevents him from doing things like walking into the Capitol.

The Oath Keepers have a reputation of ordering underlings to do their dirty work, and that may be what Caldwell is claiming here.

It is noteworthy that despite reports of over 100,000 photo and video recordings of the incidents on January 6, 2021, the Government has not identified and photo or video that shows Caldwell in the U.S. Capitol Building, on the grounds, after overcoming any barrier or other evidence of restriction, in the vicinity of any damaged property, or in any chamber of Congress. Further, the Government has not identified any time, place, or specific content of any alleged agreement that Caldwell alleged participated in that would meet the definition of a conspiracy.

But the more interesting move is — in an effort to suggest his military background means he wouldn’t engage in a conspiracy with a militia that focuses on recruiting former military — Caldwell’s claims to retain (still!) clearance.

After retiring from the Navy, he worked as a section chief for the Federal Bureau of Investigation from 2009-2010 as a GS-12. He also formed and operated a consulting firm performing work, often classified, for U.S. government customers including the U.S. Drug Enforcement Agency, the Department of Housing and Urban Development, the U.S. Coast Guard, and the U.S. Army Personnel Command.

What classified work and military experience does HUD require?

In another case where an insurrectionist had Top Secret clearance, DOJ pointed to that as reason why the person should be detained.

In any case, what is clear is that Caldwell believes Congress is full of traitors because they followed the Constitution, and he advocated similarly storming Capitols around the country.

Even with his bad back.

In His Impeachment Defense, Trump Cites Mike Pence Admitting Trump Made an Unconstitutional Demand

Eleven pages into his 75-page impeachment defense, Trump makes this claim:

President Trump did not direct anyone to commit lawless actions,

In context, he’s speaking about his speech before the riot, claiming that his invocation that his mobsters “fight” didn’t mean he wanted them to fight illegally. His defense only addresses the meaning of that word, “fight,” in his speech, while treating impeachment over and over as akin to the passage of a law restricting First Amendment protected speech and not the political act that impeachment is.

But this brief, like in the 14-page answer brief he submitted last week, barely addresses one of the times he quite clearly did direct people to commit lawless action, first, when he called Brad Raffensperger and asked him to find him votes that didn’t exist.

The article also discusses in passing other “statements” of Mr. Trump as well as a telephone call to the secretary of state of Georgia.

[snip]

The allegation that Mr. Trump should be convicted for “incitement of insurrection” based upon the telephone call to the Georgia secretary of state rests on even shakier ground. The allegations of “threats of death and violence” come not from Mr. Trump at all; they come from other individuals from the internet, not identified (nor identifiable) in the House Trial Memorandum, who took it upon themselves to make inane internet threats, which were not urged or “incited” by Mr. Trump in any way shape or form.150 Examining the discussion with the Georgia secretary of state under the standard of “incitement,” leads to the same conclusion as the January 6, 2021 statements of Mr. Trump: there is nothing said by Mr. Trump that urges “use of force” or “law violation” directed to producing imminent lawless action.151

More strikingly, given the greater length of this brief, Trump again completely ignores a key part of the article of impeachment against him: his actions targeting Mike Pence, both his demand that Pence commit an unconstitutional act by throwing out the votes of key swing states, and his comments that specifically riled up the crowd against Pence, even after the rioters started looking for him at the Capitol to assassinate him.

Instead of addressing the actions he took that got Pence targeted for assassination, Trump mentions Pence only in the context of discussions about the 25th Amendment.

The very next day, Speaker Nancy Pelosi and Senate Democratic Leader Chuck Schumer called on Vice-President Pence to invoke the 25th Amendment concluding – without any investigation – that Mr. Trump incited the insurrection and continued to pose an imminent danger if he remained in office as President.12

[snip]

First, in an attempt to usurp Constitutional power that is not in any way hers, the Speaker demanded that Vice-President Michael Pence or the White House Cabinet invoke the 25th Amendment, threatening to launch an impeachment proceeding if they refused. Four days later, on January 11, 2021, an Article of Impeachment was introduced, which charged President Trump with “incitement of insurrection” against the United States government and “lawless action at the Capitol.” See H. Res. 24 (117th Congress (2021-2022). The Speaker made good on her extortionate threat.

[snip]

After the Article was introduced, Speaker Pelosi again gave Vice President Pence an ultimatum: either he invokes the 25th Amendment within twenty-four hours or the impeachment proceedings would proceed. Vice-President Pence responded in a letter to Speaker Pelosi the following day stating that he would not allow her to usurp constitutional authority that is not hers and extort him (and by extension the Nation) to invoke the 25th Amendment because he believed to do so would not “be in the best interest of our Nation or consistent with our Constitution.”29 Vice-President Pence also noted that Speaker Pelosi was being hypocritical, as she had previously stated that in utilizing the 25th Amendment, “we must be ‘[v]ery respectful of not making a judgment on the basis of a comment or behavior that we don’t like, but [rather must base such a decision] on a medical decision.”30

I suspect Trump’s lawyers will try to defer any questions about Trump’s attacks on Pence by suggesting that Pelosi’s decision to impeach because Pence didn’t invoke the 25th Amendment is just like Trump’s incitement of violence targeted at Pence. With their use of the words, “usurp” and “extort,” Trump’s lawyers grossly overstate the force of language Pence himself used to compare the two:

Last week, I did not yield to pressure to exert power beyond my constitutional authority to determine the outcome of the election, and I will not now yield to efforts in the House of Representatives to play political games at a time so serious to the life of our Nation.

But there are several problems with this: Congress was already intent on impeaching Trump for his actions before the request that Pence intervene. More importantly, even in Pence’s treatment comparing these two, he calls one — Trump’s demand — unconstitutional but the other — Pelosi’s request — a “political game.”

So in one place in his impeachment defense, Donald Trump’s lawyers claim, “President Trump did not direct anyone to commit lawless actions.” Elsewhere, however, they cite a letter in which Mike Pence says he did, that he made a demand, “beyond [his] constitutional authority.”

And with this apparent effort to deflect a key accusation against him, Trump entirely ignores the specific, targeted action he used to lead the mob to attempt to assassinate his Vice President.

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