“One if By Land, Two if By Sea:” What We Know of the Oath Keepers’ January 6 Quick Reaction Force

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On Twitter yesterday, some folks asked me whether there’s any credibility to the government’s claims that the Oath Keepers had an armed Quick Reaction Force ready to rush to DC in case things devolved to armed battles on January 6.

At first, it appeared that the government might just be unduly crediting the wild boasts of Thomas Caldwell, who spoke repeatedly of arranging such a force in the days leading up to January 6. But over the course of a series of filings, the government has shown that after a sustained discussion about whether Oath Keepers should come armed to DC for the insurrection, it was decided to instead amass guns in (at a minimum) the Ballston, VA Comfort Inn. The evidence thus far submitted shows that multiple participants knew of the stash, called it the QRF, and deposited their own weapons at the stash. The record is less certain about what plans the Oath Keepers had to transport that arsenal to DC, but in a remarkable comment on January 3, Kelly Meggs — who appears to have played a key role in organizing security for Roger Stone, inter-militia negotiations, and The Stack that pushed into the Rotunda on January 6, and who may have paid for two rooms to use for the QRF — suggested two rally points to receive the weapons: “1 if by land North side of Lincoln Memorial 2 if by sea Corner of west basin and Ohio is a water transport landing !!”

This post will pull together the evidence shown to date.

On December 25, according to the Fourth Superseding indictment and other filings, Kelly Meggs noted on Facebook what a lot of other militia members were at the time: guns are prohibited in DC. “We are all staying in DC near the Capitol we are at the Hilton garden inn but I think it’s full. Dc is no guns. So mace and gas masks, some batons. If you have armor that’s good.”

But within days, on December 30, Thomas Caldwell (who is not a member of the Oath Keepers but who coordinated closely with, at least, contingents from Ohio and North Carolina) told Jessica Watkins that an Oath Keeper from North Carolina had committed to serve as the Quick Reaction Force in Virginia — he was aiming to get reservations at the Comfort Inn in Ballston. The idea was he’d bring weapons into Virginia in his truck.

As we speak he is trying to book a room at Comfort Inn Ballston/Arlington because of its close-in location and easy access to downtown because he feels 1) he’s too broken down to be on the ground all day and 2) he is committed to being the quick reaction force anf bringing the tools if something goes to hell. That way the boys don’t have to try to schlep weps on the bus. He’ll bring them in his truck day before

Over the course of that same conversation, Caldwell updated Watkins that the North Carolina Oath Keeper had indeed gotten reservations at the Ballston Comfort Inn. “Just got a text from him he WAS able to book a room in that hotel I recommended which is on Glebe Road in Arlington.”

The next day, Meggs seems to have come to the same understanding. On December 31, he asked someone else if they were bringing weapons to DC. “You guys Gonna carry?” After the other person said, “No,” they weren’t, Meggs explained that the Oath Keepers had a Quick Reaction Force 10 minutes away. “Ok we aren’t either, we have a heavy QRF 10 Min out though.”

The Comfort Inn in Ballston would be a 7-minute drive without traffic.

That same day, December 31, someone offered up to Joshua James assistance from friends close to DC if the Oath Keepers got in trouble. “i have friends not far from DC with a lot of weapons and ammo if you get un trouble i ca. Coordinate help.” James suggested they might not need it on account of the QRF, “That might be helpful, but we have a shitload of QRF on standby with an arsenal.” The next day an Oath Keeper asked James how to get the guns to VA if the Alabaman Oath Keepers were staying in DC. “Hey we told to bring guns and maybe stage them in VA?? But you are showing hotels in DC for Alabama. Are we bring guns or no if so how will that work?” James suggested a farm might still be in play. “Were working on a Farm location Some are bringing long rifles some sidearms… I’m bringing sidearm.” By that point, then, it appears the Oath Keepers had committed to keeping weapons in VA with a QRF. But the logistics of it remained uncertain.

On January 2, Kelly Meggs texted a Leadership Signal chat with those two proposed meeting points for the QRF in DC: the Lincoln Memorial if the bridge was still open, and south of there at Ohio and West Basin if the bridges did get shut. “1 if by land North side of Lincoln Memorial 2 if by sea Corner of west basin and Ohio is a water transport landing !! QRF rally points Water of the bridges get closed.” The next day, Caldwell sent out a text message to a Three Percenter looking for a boat to ferry weapons.

Can’t believe I just thought of this: how many people either in the militia or not (who are still supportive of our efforts to save the Republic) have a boat on a trailer that could handle a Potomac crossing? If we had someone standing by at a dock ramp (one near the Pentagon for sure) we could have our Quick Response Team with the heavy weapons standing by, quickly load them and ferry them across the river to our waiting arms. I’m not talking about a bass boat. Anyone who would be interested in supporting the team this way? I will buy the fuel. More or less be hanging around sipping coffee and maybe scooting on the river a bit and pretending to fish, then if it all went to shit, our guy loads our weps AND Blue Ridge Militia weps and ferries them across. Dude! If we had 2 boats, we could ferry across and never drive into D.C. at all!!!!

But the next day, January 3, Caldwell sent an email with maps to the person in charge of the QRF with the subject line, “NEW MAPS RELATIVE TO HOTEL AND INGRESS FOR QRF,” that seemed to assume he would drive from the hotel to “the target area,” via a route that went nowhere near the Lincoln Memorial. “These maps walk you from the hotel into D.C. and east toward the target area on multiple roads running west to east including M street and P street, two of my favorites . . . .”

Similarly, it remained unsettled whether or not individual participants would contribute their own weapons to the stash. On January 2, for example, Mark Grods asked Joshua James if he should bring weapons to insurrection. “So, I guess I am taking full gear less weapons? Just reading through all the posts. Would rather have it and not need it.” James instructed him to leave his weapons home, because the QRF would have weapons. “Yeah full gear… QRF will have weapons Just leave em home.”

On January 3, Jessica Watkins told Bennie Parker that they didn’t need to bring weapons because the QRF would be there. “We are not bringing firearms. QRF will be our Law Enforcement members of Oathkeepers.”  But then that same day she reversed the instruction. “Weapons are ok now as well. Sorry for the confusion.”

On January 4, Stewart Rhodes made the Oath Keepers’ plan to have a QRF nearby public.

As we have done on all recent DC Ops, we will also have well armed and equipped QRF1 teams on standby, outside DC, in the event of a worst case scenario, where the President calls us up as part of the militia to to assist him inside DC. We don’t expect a need for him to call on us for that at this time, but we stand ready if he does (and we also stand ready to answer the call to serve as militia anytime in the future, and anywhere in our nation, if he does invoke the Insurrection Act).

Both Watkins and Grods appear to have brought their own weapons. On January 4, before she got to the Comfort Inn, Watkins asked the Florida Signal list where to drop weapons off before any operations. “Where can we drop off weapons to the QRF team? I’d like to have the weapons secured prior to the Op tomorrow.” According to Mark Grods’ Information, he “brought firearms to Washington, D.C.” — which may have exposed him to further criminal liability — “and eventually provided them to another individual to store in a Virginia hotel.”

Kenneth Harrelson also appears to have dropped guns at the Ballston Comfort Inn. On the 5th, Harrelson asked for the location of the “QRF hotel.” Kelly Meggs responded by asking for a DM. Three hours later, Harrelson showed up at the Comfort Inn for an hour.

Caldwell, too, appears to have dropped off a weapon to the QRF room, as this surveillance video from mid-afternoon on January 5 suggests (the government alleges he is holding the long sheet-wrapped item).

After Caldwell returned from the Capitol on January 6, the North Carolina Oath Keeper brought a similarly blanket-wrapped long item to Caldwell’s room.

The newly accused alleged Stack participant David Moerschel also appears to have left a gun at the Comfort Inn. Early on January 7, according to his complaint, Moerschel made two comments on the Oath Keepers’ “OK FL DC OP Jan 6″ Signal chat about leaving stuff for others at the QRF — the Ballston Comfort Inn.

“We have your bag, We will leave it with Kane at the QRF. We are en route there now.”

“Anyone else leave anything in the white van? We can leave it for you at QRF.”

Moerschel sent the first text, saying “we are en route” at 6:35AM. Twenty-four minutes later, a person that the government alleges is Moerschel appeared in Comfort Inn surveillance video carting a gun case around.

According to a detention memo for Joseph Hackett, he and Kelly Meggs, along with another person, showed up shortly thereafter.

Kenneth Harrelson got a later start than the others. At 8:55 on January 7, he texted to the Florida Signal chat, asking where his “shit” was at.

So we’re just leaving DC and I would like to know where my shits at since it seems everyone’s gone already.

In response, someone replied,

We are headed out now. Did you leave it [his shit] at Comfort Inn in that room?

Starting twenty minutes later, Harrelson was at the Comfort Inn along with Jason Dolan, with whom Harrelson drove in a rental car.

In Moerschel’s complaint, the North Carolinians alleged to have watched this QRF room while others were at insurrection are described without comment as co-conspirators. None have been charged (at least not publicly). But if and when they are, I imagine we’ll see still more video of weapons being moved around the Ballston Quality Inn.

Again, the precise plan for all these weapons remains unclear. But the government has provided evidence that at least six people already charged (Caldwell, Watkins, Moerschel, Harrelson, Grods, and Dolan) dropped off weapons. Given that Kelly Meggs paid for two hotel rooms there even though he stayed in DC, the implication may be that the same guy planning, “1 if by land, 2 if by sea,” paid for the rooms in question.

Update, August 18: Added footage with Hackett and Meggs.

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The Oath Keepers Dilemma: The Government Has Threatened Yet Another Indictment

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The remaining 15 Oath Keeper conspiracy defendants have a status hearing today.

A lot has happened since the last status hearing the bulk of them had on June 1, 2021. Most notably, Graydon Young — co-defendant Laura Steele’s brother — pled guilty on June 23, just over a week ago. His cooperation with prosecutors will implicate the entire Stack, especially Joseph Hackett, Jessica Watkins, his sister, as well as the participants on a OK FL DC OP Jan 6 listserv (in addition to Watkins and Hackett, Kelly Meggs, Kenneth Harrelson, Jason Dolan, and William Isaacs).

Then, on Wednesday, Mark Grods pled guilty. His cooperation will implicate fellow Alabaman Joshua James (who got Grods to delete some files), Meggs, Watkins, Robert Minuta, Stewart Rhodes, and others who were on chats Grods was part of, as well as everyone involved in the Golf Cart chase and prior events at the Willard Hotel, adding Jonathan Walden to the mix.

Yesterday (or today, depending on which defendant you ask) was a deadline that Judge Amit Mehta set on June 1 for all motions unrelated to discovery (with the expectation that the late added defendants would probably need more time).

Thomas Caldwell (who can be implicated primarily by the Ohioans, the still unindicted Person Three, Grods, and possibly some other VA militia members not charged in this conspiracy) has been filing motions. He filed a marginally serious motion to dismiss everything on June 15, and filed a frivolous motion to transfer venue yesterday.

Yesterday, the deadline, both Joshua James and Kenneth Harrelson filed some motions. The former filed a motion to dismiss an assault charge and an obstruction charge against himself, as well as for a Bill of Particulars. The latter filed a motion to dismiss the counts of the indictment charged against him. The Meggses had earlier filed a motion for a Bill of Particulars.

But thus far, almost everyone is asking for an extension to file their own motions. Here’s a summary of what’s on the books thus far (Dolan, Hackett, Isaacs, and Walden would have an extension in any case, on account of their late addition):

  1. Thomas Caldwell: Motion to Dismiss, Motion to Change Venue, Motion for Extension
  2. Dominick Crowl: Motion for 60 Day Extension, Motion to Adopt
  3. Jason Dolan: Motion for Extension
  4. Joseph Hackett
  5. Kenneth Harrelson: Motion to Adopt Caldwell and James Motions, Motion for Extension, Motion to Dismiss Charges against Him
  6. William Isaacs
  7. Joshua James: Motion to Adopt, Motion to Dismiss Counts 8 and 13, Motion for Bill of Particulars, Motion for Extension
  8. Connie Meggs: Motion to Join Caldwell’s Motion, Motion for 60 Day Extension
  9. Kelly Meggs: Motion to Adopt Caldwell’s Motion (including a cursory adoption of his obstruction charge)
  10. Roberto Minuta (Minuta’s attorney has had some health limitations so would need an extension anyway): Motion for 30 Day Extension
  11. Benny Parker: Motion for at least 60 Day Extension, Motion to Adopt Harrelson and Caldwell, though not adopting Caldwell’s “partisan surplusage”
  12. Sandi Parker: Motion to Join Caldwell Motion, Motion for Extension
  13. Laura Steele: Motion to be able to go on vacation, Motion to Join Caldwell, Motion for at least 60-Day Extension
  14. Jonathan Walden
  15. Jessica Watkins: Motion to Join Caldwell’s Dismissal, Motion for 60 Day Extension

Between these requests, the government has gotten defendants to waive Speedy Trial for at least 30 more days as they contemplate the legal dilemma they’re facing.

It’s true that most defendants cite the voluminous discovery before them. A few claim they have not yet had an adequate tour of the Capitol. Harrelson’s motion quotes several paragraphs of boilerplate from the government.

But a comment from James’ Motion for Extension is perhaps the most telling. It asserts that defendants have been told there’s still yet another indictment on the way.

Because the government has made clear that an additional indictment (which could include more charges or more defendants) is possible, and because Mr. James is unaware of which, if any, currently charged defendant will be proceeding to trial, it is impossible to assess, prepare, and file motions regarding severance of counts or defendants at this time.

It also suggests that it’s possible none of the currently charged defendants will actually proceed to trial.

Short of adding Stewart Rhodes, there are few places this indictment will go except to make the terrorism or insurrection claims more explicit.

Which may explain why James, one of the remaining key players who would be able to trade a lesser sentence for a cooperation deal, suggests no one may go to trial.

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The Grand Jury Secrets Hiding the Proud Boys’ East Door Activities

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By my very quick review, there have just been a handful of January 6 defendants charged individually via indictment, without first being charged by complaint.

Lewis Cantwell was arrested in February for civil disorder and obstruction, but whose actions on January 6 are not laid out in any public court documents.

Richard Harris was arrested via indictment in March for resisting arrest and obstruction. A motion supporting detention revealed that Harris persuaded cops to back down at one of the entrances and picked up a phone and purported to threaten Nancy Pelosi; he had assaulted a journalist at a protest in December in Oregon and — though this is contested — lived out of his car after that time.

Daniel Rodriguez was arrested via indictment in March for tasing Michael Fanone, among other things. A HuffPo article, which in turn relied on the work of various volunteer Sedition Hunters, had already provided ample introduction on Rodriguez.

The Klein brothers — Matthew and Jonathanpeter — probably count as one unit. They were charged via conspiracy indictment in March. Their drawn out detention fight showed one or both have ties to the Proud Boys, they followed Dominic Pezzola in the Senate side door, and then later successfully breached the North Door.

Other than that, people have been initially charged via indictment in group or conspiracy indictments: Verden Nalley got indicted along with William Calhoun a month after Calhoun was first charged. Albuquerque Cosper Head and Kyle Young were indicted for assault along with Thomas Sibick, who had already been charged. Taylor Johnatakis and Isaac Sturgeon were indicted on assault charges with Craig Bingert, who had already been charged. A now sprawling assault indictment including Jack Whitton, Clayton Mullins, and Michael Lopatic started with complaints against Jeffrey Sabol and Peter Stager. Another sprawling assault indictment including Tristan Stevens, David Judd, Christopher Quaglin, Robert Morss, and Geoffrey Sills built off a Patrick McCaughey complaint.

When some of the militia members got added to one or another indictment — Matthew Greene to one of the Proud Boys indictment, and several Oath Keepers to that omnibus indictment — they were indicted without a complaint first.

Which is to say, in this investigation, it has been very rare for an individual to be initially charged via indictment.

That’s why it’s notable that the government arrested Ricky Willden yesterday, a Proud Boy from Northern California, on assault and civil disorder charges via an indictment obtained a week earlier. The government issued a press release that describes that Willden was on the East side cheering as a bunch of Marines and one co-traveller opened the door, then sprayed some stuff at cops guarding the door.

The Proud Boys is a group self-described as a “pro-Western fraternal organization for men who refuse to apologize for creating the modern world; aka Western Chauvinists.” In publicly available videos recorded on Jan. 6, Willden can be seen in a crowd near the east door of the Capitol at 2:24 p.m. (according to time stamps in one of the videos) wearing a dark jacket, beanie cap and gloves, and cheering as the doors to the Capitol opened. At 2:35 p.m., he can be seen raising his hand and spraying an unknown substance from a green can toward police officers who were standing guard at the east door.

But because the government arrested Willden via indictment, they don’t have to release a public explanation of their probable cause to arrest him. Indeed, the press release pointedly cites “publicly available videos” to back the only allegation it makes.

One reason to charge someone on indictment rather than complaint is to hide the identity of witnesses who have testified. I find that particularly interesting, in part, because there were several people who posed in Joe Biggs’ picture on the East side, but thus far, just Paul Rae and Arthur Jackman have been identified from the picture (though Biggs surely knows who the others are). While the government has ostentatiously rolled out one after another Oath Keeper cooperator — first Jon Schaffer, then Graydon Young, and yesterday Mark Grods — aside from an unindicted co-conspirator identified in some of the Proud Boy indictments (UCC-1), whose identity those charged also know, the government has hidden the cooperators it has surely recruited from the notoriously back-stabbing group.  The hybrid approach the government has used — charging five overlapping conspiracies but also charging a bunch of Proud Boys who worked in concert with others individually — has (surely by design) made it harder for both participants and observers to understand what the government has in hand. There have been a few inconclusive hints that one or another person has flipped (or that Judge Tim Kelly, who has presided over most of the Proud Boys cases, had a sealed hearing that might reflect a plea deal), but nothing concrete.

For weeks it has been clear that unpacking how it happened that two militias and a bunch of Marines converged on the East Door as if all had advance warning would be one key to demonstrating the larger conspiracy behind the January 6 insurrection.

But just as DOJ has rolled out a new player in those events, they’ve moved everything to a grand jury to hide its secrets.

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Darrell Youngers, Christopher Warnagiris, and Jason Dolan: Marines at the East Door

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Among the many January 6 insurrectionists whose arrests became public yesterday were George Tenney, from Anderson, SC, and Darrell Youngers, who lives in Cleveland, TX. Tenney is involved with a right wing website, The PowerHouse Patriot. It’s not clear what Youngers does for a living, but according to a witness who IDed him, he has been involved with leadership courses. Ostensibly, they were charged via the same epic 30-page arrest affidavit because they traveled through the Capitol together on the day of the insurrection. They appear to have met that day.

In the weeks leading up to the insurrection, Tenney tried to figure out how to join an armed militia group.

Even prior to the January 6 riot, TENNEY discussed “armed militia patriots” and stated that “we” may siege the U.S. Capitol Building. On December 14, 2020, TENNEY wrote to Person1, “Where and how do I get involved or a part of one of these patriot revolution groups? Like proud boys, or any of the other American Patriot militias??” Person-1 responded that Person-1 would “ask around.”

By December 28, Tenney appeared to know that there was a plan to siege the Capitol.

On December 27, 2020, TENNEY wrote, “I heard over 500k armed militia patriots will be in DC by the 4th. And will start early waiting for the rest of us on the 6th. They already predict over [a] million people will be in DC the 6th.” The next day, he wrote, “We need to talk about the trip to D.C…It’s starting to look like we may siege the capital building and congress if the electoral votes don’t go right….we are forming plans for every scenario.” On December 29, TENNEY wrote a message that included the following: “I’ve been watching these pod cast things from this guy. He says Pence is a traitor and will betray the US on the 6th.”

Even before they entered the Capitol, Tenney and Youngers were moving together.

They entered the Senate Wing door at 2:19PM — the door first breached by former Marine Dominic Pezzola. The camera catches Youngers’ Marines jacket shortly after the two enter.

They went from there through the Rotunda into the East Foyer, with Tenney in the lead. Which means he was the first to get to the East Door to open it, letting the assembled rioters outside in as Youngers looks on.

Youngers, who’s involved in leadership training, lets Tenney do the hard work of wrestling with a cop and getting charged with civil disorder. They retreat for a bit, but then return to pushing cops again just as Marine Major Christopher Warnargiris is among the first to enter, as if he was just waiting for the door to open (I believe Youngers is standing to the right of the door).

Here’s Youngers and Warnargiris at that East door, standing within a few feet of each other, as both help to ensure rioters will succeed in keeping this door open.

Just outside that door, of course, is former Marine and Oath Keeper Jason Dolan, also standing at the top of the stairs as if he knew the door was going to open, waiting for a Stack of militia members to help force the door open.

This is believed to be a picture Kenneth Harrelson took of Dolan filming just after the doors opened.

At a time Dolan probably suspected he might be arrested, the government suspects, he went on Gateway Pundit to claim that he and everyone else couldn’t have been trespassing, because the magnetic doors couldn’t have opened unless someone unlocked it.

As part of this story, the anonymous source believed to be Dolan claimed that the Marine who opened the doors first went inside and then opened the doors from the inside.

Retired Marine: We’re on the top level now – about 15 feet from the doors just before they opened up. People are yelling and screaming. Everyone’s cheering, all kind of stuff. It’s chaotic. But we’re just kind of there. And then all of the sudden the doors open up from the inside. I have a picture taken about two seconds before the doors opened. And then I have a picture taken about six seconds later and the doors were open.

Jim Hoft: And they were not opened from the outside?

Retired Marine: They were opened from the inside. Now one of the stories I read recently was that some Marine, some Marine Major, went inside and managed to run around and open up the doors. And I think that was on your website, as well. But here’s what I can tell you about magnetic locks. If a door is locked by a mag lock it cannot be opened from the outside or the inside unless the person controlling that door opens that door by turning off the magnetic lock which those doors according to the photos I took are equipped with. [my emphasis]

The story doesn’t make sense if Dolan was talking about Warnargiris. But the government accuses Youngers, also a former Marine, of being one of the people who entered the West side only to go within minutes to the East side to open a second front.

That’s a lot of Marines who seemed to know that door was going to open.

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Person Fifteen (AKA Mark Grods), Another Roger Stone Security Staffer, Flips

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Sometime in the recent history of Tucker Carlson’s fever dreams, he claimed that the long list of numbered unindicted co-conspirators in the Oath Keepers case were actually paid FBI informants setting up the militia members.

I guess with the news that Person Fifteen, AKA Mark Grods, will plead guilty and enter into a cooperation agreement with prosecutors today, Tucker gets partial credit: the government asked and received permission to keep Grods’ charges sealed so he could testify to the grand jury before pleading guilty today.

Delaying the government’s need to notify other defendants about Mark Grod[’]s related case between the filing of the criminal Information on June 28 and his public plea hearing on June 30, 2021, will ensure the defendant’s safety while he cooperates pursuant to his plea agreement and testifies before the grand jury.

So, it turns out, Grods was informing on his buddies. But not for pay, but in hopes of lenience at sentencing for a conspiracy and an obstruction charge.

Here are all the things — based on comparing the Fourth Superseding Indictment with Grods’ Statement of Offense— to which Grods is a direct witness:

55. At least as early as December 31, 2020, [Jessica] WATKINS, KELLY MEGGS, [Joshua] JAMES, [Roberto] MINUTA, PERSON ONE [Stewart Rhodes], PERSON THREE, PERSON TEN, and others known and unknown joined an invitation-only encrypted Signal group message titled “DC OP: Jan 6 21” (hereinafter the “Leadership Signal Chat”).

[snip]

58. On December 31, 2020, KELLY MEGGS and JAMES attended a 4-participant GoToMeeting titled “SE leaders dc 1/6/21 op call.” KELLY MEGGS was the organizer of the meeting.

[snip]

67. On January 2, 2021, [Grods] messaged JAMES on Signal and asked, “So, I guess I am taking full gear less weapons? Just reading through all the posts. Would rather have it and not need it.” JAMES responded, “Yeah full gear… QRF will have weapons Just leave em home.”

[snip]

95. MINUTA, using his personal email address and his personal home address, reserved three rooms at the Mayflower Hotel in Washington, D.C., under the names of MINUTA, JAMES, and PERSON TWENTY. A debit card associated with [Grods] was used to pay for the room reserved under MINUTA’s name. A credit card associated with JAMES was used to pay for the room reserved under JAMES’s name.

[snip]

128. Between 2:30 and 2:33 p.m., MINUTA, JAMES, WALDEN, and others rode in a pair of golf carts towards the Capitol, at times swerving around law enforcement vehicles, with MINUTA stating: “Patriots are storming the Capitol building; there’s violence against patriots by the D.C. Police; so we’re en route in a grand theft auto golf cart to the Capitol building right now . . . it’s going down, guys; it’s literally going down right now Patriots storming the Capitol building . . . fucking war in the streets right now . . . word is they got in the building . . . let’s go.”

[snip]

129. At 2:33 p.m., MINUTA, JAMES, WALDEN, and others parked the golf carts near the intersection of Third Street and Pennsylvania Avenue, Northwest. They then continued on foot towards the Capitol.

[snip]

165. Shortly after 4:00 p.m., individuals who breached the Capitol, to include YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HARRELSON, MINUTA, JAMES, WALDEN, HACKETT, DOLAN, and ISAACS, among others, gathered together with PERSON ONE and PERSON TEN approximately 100 feet from the Capitol, near the northeast corner of the building.

[snip]

195. On January 8, 2021, JAMES instructed [Grods] to “make sure that all signal comms about the op has been deleted and burned,” and [Grods] confirmed [Grods] did in fact do so.

In addition, Grods entered the Capitol shortly after others allegedly assaulted the cops.

And because he was at the Willard with Roberto Minuta, Joshua James, and Jonathan Walden, he may have been witness to the James side of key conversations involving Person Ten.

And Grods is one of nine Oath Keepers who provided security for Roger Stone, and the second to have entered a cooperation agreement.

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What Happens in DC Stays in Vegas

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I’d like to look at the (currently separately charged) cases of Mitchell Vukich and Nicholas Perretta, friends from Pittsburgh who went to insurrection together. Both were arrested on June 23 for misdemeanor trespassing and theft.

The FBI arrest affidavits are coy about how the investigation started. Vukich’s states that the FBI got “approximately 7 online tips” based on his social media.

It describes that Pittsburgh-based FBI Agents interviewed one of those tipsters, but the affidavit doesn’t provide the date.

That means it’s impossible to know from the affidavit whether the FBI started chasing down the tips before, as both affidavits explain, the FBI reviewed surveillance footage and honed in on the two friends.

Following the events at the U.S. Capitol on January 6, 2021, FBI employees have conducted a review of surveillance camera footage obtained from security cameras located inside the U.S. Capitol Building. In the course of this review, an individual matching the description of and known images of PERRETTA can be seen walking throughout multiple locations inside the Capitol with another individual. 1 The following does not represent an exhaustive analysis of all available surveillance footage, but rather a summary of PERRETTA’s movement through the U.S. Capitol building.

The Perretta affidavit, which was obtained second, mention the Vukich tips when explaining (under the heading, “Co-conspirator Statements”) how the FBI came to interview Vukich while he was flying through Las Vegas’ McCarren Airport in April.

On April 26, 2021, after receiving multiple tips implicating VUKICH as a possible participant in the civil unrest at the U.S. Capitol on January 6, 2021, Special Agents of the Las Vegas Division of the FBI conducted an interview of VUKICH while he was traveling through the Las Vegas Airport. Among other things, during the interview, VUKICH was shown multiple still photographs taken from Capitol Security Cameras during the events of January 6, 2021. VUKICH admitted that he was the individual depicted in those images in the photos wearing goggles on his head and a distinctive T-shirt with white writing. (VUKICH circled in yellow below). Moreover, VUKICH affirmatively identified the second individual wearing the black clothes and baseball cap as NICHOLAS J. PERRETTA. (PERRETTA circled in red below).

This detail was the first that stuck out to me. We know from the Electronic Communication opening a full investigation on Thomas Webster that the FBI had recommended him for watchlisting. Of course, Webster was suspected of assaulting a cop by that point. All the FBI claimed to have on Vukich in April (partly because they’re being reticent about dates) were those screencaps from Twitter showing him claiming to be “one of the first 15 people in the Capitol.” But they likely had Vukich on a watchlist to know to find him transiting the airport.

Importantly, the language justifying Webster’s watchlisting recommendation mentions obstruction (though not assault):

THOMAS WEBSTER participated in the illegal entry into the United States Capitol Grounds, with the intent of interrupting the congressional proceeding.

It also seems to have been written for him specifically, as it notes that he trespassed on the grounds, but makes no claim that he entered the building, which he did not.

But Vukich is charged with just misdemeanors. So either the FBI is watchlisting January 6 rioters for trespassing, or the FBI thinks or thought there was more going on here. It’s quite common for DOJ to charge trespass on the initial arrest affidavits and add charges with an indictment; such an approach would be particularly useful if they were trying to hide details of their investigation because the probable cause would have been presented secretly to the grand jury rather than published to a docket.

The other thing that stuck out for me is how casually the affidavits reveal that the friends also stole some papers. That detail is included in the Vukich version of the Las Vegas interview.

He admitted to being present in the U.S. Capitol during the events of January 6, 2021, and further admitted to taking paperwork, which he described as a congressional session agenda, and removing it from the Capitol premises.

Perretta also confirmed having taken documents — which he claims to have thrown away — in an interview conducted in Pittsburgh on June 8.

PERRETTA further explained to FBI agents that he had traveled to Washington, D.C., on January 6, 2021, with his friend, VUKICH. After attending a speech by President Trump on the National Mall, PERRETTA began to walk towards the U.S. Capitol and eventually entered the Capitol building and grounds. In the process, PERRETTA described seeing individuals bypass barriers and police officers, witnessed flashbangs and tear gas, was tear-gassed himself, and saw someone in the crowd push an officer down before walking up the steps of the U.S. Capitol. PERRETTA further admitted that he and VUKICH took papers from the interior of the Capitol, which he described as three-month-old congressional papers, that they later threw away outside of the Capitol. Finally, PERRETTA claimed that he believed that the U.S. Capitol was open to the general public.

The theft of these papers shows up most notably in the different captions the two affidavits provide for this image, one of the ones that, by context, the FBI suggests may have been the basis for the interest in the friends.

The caption in the Vukich affidavit says this shows him–closer to the camera–securing the documents he allegedly stole.

Gallery West Approximately 2:25pm Individual matching the description of VUKICH securing paperwork that he appears to have picked up from inside the U.S. Capitol.

The caption in the Perretta affidavit describes that he is looking at papers.

Gallery West Approximately 2:25pm Individual matching the description of PERRETTA (rearground) seen looking at paperwork that he appears to have picked up from inside the U.S. Capitol.

According to the Google GeoFence collection on Vukich he (presumably they) were in the Capitol for around 15 minutes, from 2:11pm until 2:36pm.

Again, all these guys are charged with are misdemeanor trespassing and theft. But it was an interesting approach to finding two guys who picked up and pocketed some outdated paperwork.

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iCloud: How to Arrest a Pastor without Investigating Him Directly

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There’s an interesting threesome in the arrests rolled out yesterday that put DOJ over 500 arrests in the January 6 investigation:  — James Cusisk, the minister of Go Ministries in Melbourne, FL, his son Casey Cusick (also a minister), and their parishioner, David Lesperance. Thus far, there’s little interesting about their alleged crime: all were charged with trespassing. What’s interesting is how two ministers, whose investigation would be treated as a Special Investigative Matter requiring higher approvals, came to be arrested after the rare use in the January 6 investigation of a pre-arrest warrant for a person’s iCloud.

The government got two tips about Lesperance’s presence in the Rotunda during the riot shortly after January 6.

On January 19, the FBI conducted a voluntary interview with Lesperance. He admitted he had been at the Capitol, along with his pastor, and had seen things that made it clear his entry was illegal. He further admitted that he deleted the pictures he took from the day for fear of consequences for his actions.

During this interview, LESPERANCE admitted that he traveled to Washington, D.C. on January 5, 2021, and stayed until January 8, 2021. LESPERANCE admitted that he and his pastor were present at President Trump’s speech and then at the U.S. Capitol afterwards.

During the interview, LESPERANCE further admitted that while he was located at the front of the U.S. Capitol, he witnessed law enforcement officers arriving and hitting their shields with their batons. LESPERANCE admitted that while heading to the door of the U.S. Capitol, he witnessed a law enforcement officer deploy a flashbang device.1 LESPERANCE also admitted to entering the U.S. Capitol building. LESPERANCE told law enforcement that he had his cell phone on his person while he was at the U.S. Capitol, and that he took photographs and video during that time using his cell phone but later deleted them out of fear of negative repercussions.

The version of this interview included with the Cusicks’ arrest affidavits reveals that Lesperance also refused to say who his pastor was.

Lesperance also admitted that “they” entered the U.S. Capitol, but refused to provide law enforcement with the Pastor’s name.

Three days after this interview, the FBI obtained another tip, this one placing James Cusick in the Rotunda.

It’s unclear in what order the other investigative steps took, but there appear to be three key steps: at some point FBI discovered a picture from the Church showing all three men.

Both Cusick men’s affidavits describe that in March, FBI received an anonymous packet of information on the two men.

On or about March 26, 2021, the FBI received a tip from another individual (“Individual 2”) by way of an anonymous letter mailed to the FBI, alleging that JAMES VARNELL CUSICK JR, and others had traveled from Florida to the District of Columbia, participated in the January 6, 2021 riots, and during that time, entered into the U.S. Capitol building and took videos while they were inside. Included along with the letter were additional documents and photos provided by Individual 2 corroborating that JAMES VARNELL CUSICK JR was the pastor of a church in Melbourne, Florida.

And then, all three affidavits describe, the FBI obtained a warrant for Lesperance’s iCloud account, something that has happened with few other January 6 defendants pre-arrest. The geolocation associated with the iCloud account corroborated what Verizon already had; Lesperance was inside the Capitol the day of the riot.

But it also provided a bunch of photos from the day, presumably at least some of the photos that Lesperance had deleted, “out of fear of negative repercussions.”

 

One photo shows father and son Cusick posing — probably with a third person, not Lesperance — outside the Trump Hotel at 4:29 PM the day before the riot.

 

 

 

 

 

Other photos — which were conveniently geotagged — showed the Cusicks at various times and places in the riot, times and places that the FBI then cross-referenced with body and other surveillance footage.

For example, one in Lesperance’s iCloud showed the senior Cusick looking out one of the broken windows of the Capitol.

BWC video taken nine minutes later showed the senior Cusick in some kind of faceoff with a bunch of cops.

And then video from the same BWC 28 seconds later captures Casey.

Again, all that this shows is that the Cusicks were in the Capitol during the riot. All these men are charged with is trespassing.

But the government was intent enough to bring these charges that they made an effort to get the photos Lesperance had tried to delete even before arresting the three men.

The iCloud may have just been a work around — a way to arrest two pastors without obtaining legal process on them directly. For both, the only individualized information obtained — their cell phone location the day of the riot — came from the pre-existing AT&T geofence warrant returns obtained on January 6, not from targeting them individually.

If that’s what Lesperance’s iCloud warrant was, a workaround, it did work.

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The Hundred-Plus January 6 Defendants Accused of Assault

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Yesterday, Merrick Garland marked two milestones in the January 6 investigation: 500 arrests, of which 100 were for assaulting police.

The Department of Justice reached several benchmarks in our investigation into the January 6th attack on the U.S. Capitol.

We have now crossed the threshold of 500 arrests, including the 100th arrest of a defendant on charges of assaulting a federal law enforcement officer. This morning, we arrested our first defendant on charges that include assaulting a member of the news media.

I could not be more proud of the extraordinary effort by investigators and prosecutors to hold accountable those who engaged in criminal acts that day. Particular credit goes to those serving as prosecutors and agents in Washington, D.C., as well as those in FBI field offices and U.S. Attorney’s Offices across the country, and with the Department’s National Security Division.

Our efforts to bring criminal charges are not possible without the continued assistance of the American public. To date, we have received their more than 200,000 digital tips.

I assure the American people that the Department of Justice will continue to follow the facts in this case and charge what the evidence supports to hold all January 6th perpetrators accountable.

I’ve been tracking the charged assaults (and a few related crimes). Here’s my list, which includes several people who really resisted arrest (but got charged under 18 USC 111). Note this list also tracks how the FBI identified the defendant, which shows that FBI has been relying on “Be On the Lookout” photos to identify assailants. As of right now, all these defendants have pled NOT guilty and are assumed innocent. [fixed typo]

As you read this list, keep in mind that FBI has released 410 BOLOs, most for assault, and well over 200 of those people remain at large. And of course, the FBI has not yet apprehended the pipe bomber.

  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. Justin Dee Adams, who charged cops. BOLO 374
  3. Zachary Alam, who pushed cops around as he was trying to break into the Speaker’s Lobby. BOLO 79
  4. Michael Alberts, who was arrested for gun possession the day of the riot but who had an assault charge added in a superseding indictment
  5. Wilmar Alvarado, who pushed cops in the mob trying to get in from the West Terrace. BOLO 65
  6. John Anderson, who after taking two riot shields from cops, needed their assistance after getting maced.
  7. David Arredondo, who allegedly grabbed a cop’s arm at one of the doors.
  8. Thomas Ballard, who used a police baton and threw a table in the Lower West Terrace. BOLO 325
  9. Julio Baquero, who resisted police efforts to empty out the Rotunda. Tip
  10. Logan Barnhart, who pulled one of the cops out of the Capitol.
  11. Matthew Beddingfield, accused of assaulting a cop on January 6 while out on bail for suspected murder in NC. Sedition Hunters
  12. Aiden Billyard, who joined the Air Force after being caught on video spraying a cop with suspected bear spray. Sedition Hunters
  13. Craig Bingert, who allegedly helped shove cops with a barricade. BOLO 105
  14. Tim Boughner, accused of pepper spraying a cop. BOLO 337
  15. Brian Glenn Bingham, who scuffled with two cops after Ashli Babbitt got shot. BOLO 93
  16. David Blair, who poked a cop with a lacrosse stick with a Confederate flag attached. Onsite arrest
  17. Jason Blythe, charged in the assault at the first barrier.
  18. Michael Brock, who hit two cops with a four-foot rod. BOLO 319
  19. Nicholas James Brockhoff, who sprayed a fire extinguisher from the Terrace at cops. BOLO 255
  20. Benjamin Burlew, who participated in a 6-person assault on an AP journalist.
  21. Jamie Buteau, whom surveillance video showed throwing chairs at cops several times in the Capitol. (BOLO 188)
  22. Alan Byerly, who allegedly beat up a cop and then beat up an AP cameraman. BOLO 193
  23. Daniel Caldwell, who was filmed macing 15 cops. SM
  24. Steven Cappuccio, who pulled Daniel Hodge’s gas mask and beat him with his own baton. BOLO 123
  25. Matthew Caspel, who was filmed charging the National Guard. Tip SM
  26. Ralphie Celentano, accused of knocking a cop off a terrace. BOLO 107
  27. 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
  28. Reed Christensen, who was videotaped swinging at cops. BOLO and video 191
  29. Luke Coffee, who was videotaped beating several cops with a crutch. Tip SM and BOLO 108
  30. Cody Connell, who with his cousin was in a direct confrontation with cops. Tip SM
  31. Lance Copeland, who admitted to fighting with cops on the barricades.
  32. Matthew Council, who was arresting for shoving cops the day of the riot.
  33. Mason Courson, accused as part of a group that dragged cops from the Capitol and beat them. BOLO 129
  34. Kevin Creek, who was filmed hitting and kicking officers on the West Terrace. BOLO 296
  35. Bruno Cua, who was filmed shoving a cop to be able to get into the Senate. Tip LE
  36. Matthew DaSilva, who fought over shields with cops in the Lower West Terrace. BOLO 230
  37. James Davis, the Proud Boy with a big stick who charged some cops.
  38. Nathan DeGrave, whom security cameras caught threatening to fight cops. Network Sandlin
  39. David Dempsey, a Proud Boy with a history of assaulting anti-Trump protestors who used a crutch to assault police in the Tunnel. Sedition Hunters
  40. Robert Dennis, alleged to have assaulted officer JS on the terrace
  41. Timothy Desjardins, alleged to have beat police in the tunnel with a table leg. BOLO 348
  42. Michael Dickinson, accused of throwing things at cops. Tip SM
  43. Josh Doolin, who is part of Johnny Pollack’s cell that assaulted multiple cops. Network Pollack
  44. Israel Easterday, who sprayed a cop at the East door with Mace. Geofence
  45. Michael Eckerman, who pushed an officer down a small flight of stairs, thereby opening a new hallyway. Tip anon
  46. Daniel Egdvedt, a large man who took swipes and grabbed at several officers as they tried to remove him from the Capitol. BOLO 76
  47. James Elliott, who goes by Jim Bob, is a suspected Proud Boy accused of beating cops with a flagpole.
  48. 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
  49. Alan Fischer, a Proud Boy involved in the Tunnel assault who also threw chairs and a traffic cone at cops.
  50. Joseph Fischer, a cop who got in a tussle with another cop. Tip SM
  51. Kyle Fitzsimons, who charged officers guarding the doorway of the Capitol. BOLO 139
  52. Michael Foy, a former Marine who was caught on multiple videos beating multiple cops with a hockey stick. Tip SM
  53. Kevin Galetto, who allegedly knocked an MPD officer to the ground in the Tunnel. BOLO 146
  54. Vincent Gillespie, who screamed traitor and treason why fighting in the Tunnel. Unspecified BOLO
  55. Robert Gieswein, who appears to have ties to the Proud Boys and used a bat to beat cops. NM
  56. David Gietzen, accused of assaulting several cops with a pole at the early barricades. BOLO 217
  57. Vitali Gossjankowski, who was interviewed about whether he had tased MPD officer Michael Fanone, causing a heart attack; instead he was charged with assaulting CPD officer MM. BOLO 98 — with a second one mentioned
  58. Caden Gottfriend, who was part of the attack in the Tunnel.
  59. Daniel Gray, who got into several confrontations with officers inside the Capitol, including knocking down a female cop. Tip SM
  60. Brian Gunderson, charged with assault while committing a felony on a superseding.
  61. Jimmy Haffner, accused of breaching the cops defending the East doors using pepper spray. Network Nordean
  62. Tom Hamner, involved in an attack using a Trump sign while wearing a “Guns don’t kill people, Clintons do,” sweater.
  63. 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
  64. Richard Harris, who assaulted a journalist in Oregon weeks before threatening cops, Nancy Pelosi, and Mike Pence during the riot.
  65. Uliyahu Hayah, who was in the vicinity of Ashli Babbitt’s death and shoved a cop on his way out. NM
  66. Albuquerque Cosper Head, accused of assaulting Michael Fanone.
  67. Dillon Herrington, who threw a 4X4 at cops, then threw a barrier. Sedition Hunters picture
  68. Joseph Hutchison, who is part of Johnny Pollack’s group, but who was caught via his own BOLO. BOLO 320
  69. Dale Huttle, accused of beating a cop with a flag. BOLO 299
  70. Adam Jackson, who attacked some cops with a shield.
  71. Brian Jackson, who threw an American flag at cops.
  72. Emanuel Jackson, whom videos caught punching one officer, and others show beating multiple officers with a metal baseball bat. BOLO 31
  73. Joshua James, an Oath Keeper accused of shoving a cop.
  74. Shane Jenkins, alleged to have used a crowbar to break in a window, later threw things including a pole, a desk drawer, and a flagpole at cops.
  75. Douglas Jensen, the QAnon who chased Officer Goodman up the stairs, got charged with resisting him. NM, BOLO 10
  76. Justin Jersey, accused of being part of a mob that assaulted some cops dragged out of the Capitol.
  77. Taylor Johnatakis, charged with 111.
  78. Paul Johnson, who carried a bullhorn and was in the initial assault from the west side with Ryan Samsel. BOLO 49
  79. Zachary Johnson, a Proud Boy accused of assaulting cops with pepper spray.
  80. David Judd, who threw a firecracker at cops in the tunnel. Tip and BOLO 137
  81. Riley Kasper, who bragged of pepper spraying cops. Tip SM
  82. Josiah Kenyon, accused of attacking two cops with a broken table leg with a nail sticking out. BOLO 94
  83. Julian Elie Khater, who allegedly sprayed Brian Sicknick and two others with very powerful bear spray. BOLO 190
  84. Freddie Klein, the State Department employee who fought with three different officers while trying to break through police lines. BOLO 136
  85. Peter Krill, who pulled barriers away from cops.
  86. Matt Krol, Genesee County militia executive who stole a baton and used it. BOLO 291
  87. 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
  88. Nicholas Languerand, accused of throwing a bollard, a can of pepper spray, and a stick at cops in the Lower West Tunnel.
  89. Samuel Lazar, who was caught on video spraying chemicals and cops and claimed to be the tip of the spear.
  90. Mark Jefferson Leffingwell, whom a Capitol Police officer described in an affidavit punching him. Onsite arrest
  91. Daniel Leyden, helped push over the first barrier. BOLO 438
  92. Joseph Leyden, pushed Carolyn Stewart after first assault. BOLO 386
  93. Michael Lockwood, who wrestled a police baton from a cop. Sedition
  94. Joshua Lollar, who described fighting cops and was caught in pictures showing himself in the front lines confronting cops. Tip SM
  95. Michael Lopatic, who allegedly assaulted some cops with Stager and Sabol, then took a BWC to hide the assault. BOLO 133
  96. Avery MacCracken, accused of punching cop JG. BOLO 387
  97. Clifford Mackrell, who attempted to strip an officer’s gas mask after someone else sprayed bear spray. BOLO 124
  98. Markus Maly, accused of spraying a cop then handing his spray bottle to Jeffrey Brown. BOLO 324
  99. Jake Maxwell, who tousled with cops on the West side. probable Sedition Hunters
  100. Mark Mazza, who is accused of assaulting cops with a baton, and remains under investigation for assault while still in possession of the gun he lost at the riot.
  101. Logan McAbee, who was part of a gang assault on a cop pulled out of the Capitol.
  102. Patrick Edward McCaughey III, who was filmed crushing MPD Officer Daniel Hodges in one of the doors to the Capitol. BOLO 62
  103. James McGrew, who shoved some cops in the Rotunda then bared his King James belly tattoo, Tip Network
  104. Sean McHugh, accused of spraying some yellow substance at cops and using a sign as a battering ram, BOLO 59
  105. Jeffrey McKellop, a former Special Forces guy accused of assaulting 4 cops, including one by using a flagpole as a spear. BOLO 215
  106. James McNamara, who lunged at a cop protecting the North Door. BOLO 471
  107. David Mehaffie, who directed the assaults in the Tunnel
  108. Jonathan Mellis, who used some kind of stick to try to jab and beat police. Tip SM
  109. William Mellor, who first got involved with the Proud Boys at the November event, and who is accused of bear spraying cops.
  110. Jalise Middleton
  111. Mark Middleton, the Middletons fought the cops outside the West entrance to the Capitol. BWC
  112. Garret Miller, who pushed back at cops and then threatened both AOC and the cop who killed Ashli Babbit. Tip LE
  113. Matthew Ryan Miller, who released fire extinguisher in close quarters. Tip SM
  114. Scott Miller, accused of attacking several cops in the Tunnel. BOLO 132
  115. Rodney Milstreed, a self-described Proud Boy who boasted of beating up a camera man. Tip personal
  116. Jordan Mink, who used a pole to assault the police.
  117. Brian Mock, who kicked a cop when he was down and bragged about it. BOLO and Tip SM
  118. Patrick Montgomery was charged with assault against MPD officer DJ in a follow-up indictment.
  119. Robert Morss, who in addition to tussling with a cop, was a key organizer of shield walls in the Tunnel. BOLO 147
  120. Aaron Mostofsky, possibly for stripping a cop of his or her armored vest and riot shield. NM
  121. Clayton Mullins, alleged to be part of the mob that assaulted AW and two other police. Tip
  122. Jonathan Munafo, alleged to have fought with cops in two different locations, including punching one in the Lower West Terrace. (BOLO and video 170)
  123. 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
  124. Gregory Nix, who is accused of beating one of the cops at the East door with a flagpole. Network
  125. John O’Kelly, who grabbed a cop’s baton.
  126. Grady Owens, who allegedly hit a cop in the head on the Mall with a skateboard, as he was heading to reinforce the Capitol. BOLO 109
  127. Jason Owens, accused of assaulting a second officer after his son attacked one with a skateboard. Network Owens
  128. Jose Padilla, who shoved cops at a barricade, then helped use a Donald Trump sign as a battering ram against them. Tip SM
  129. Robert Palmer, who sprayed cops with a fire extinguisher then threw it at them.
  130. Michael Perkins, who is part of the Pollack group. Network Pollack
  131. Dominic Pezzola, a Proud Boy who stole a shield from cops. NM and BOLO 43
  132. Johnny Pollack, who serially assaulted cops and then went on the lam. BOLO 144
  133. Olivia Pollack, Johnny’s sister who also allegedly punched a cop. Pollack network
  134. Mark Ponder, filmed repeatedly attacking cops with poles.
  135. Joshua Portlock, filmed attacking cops with a piece of plywood. BOLO 97
  136. Christopher Quaglin, accused of assaulting cops both at the initial breach of the barriers and later in the Lower West Terrace.
  137. Barry Ramey, accused of spraying toxins at cops. BOLO 329
  138. Stephen Chase Randolph, who shoved cops at the initial barricade and later bragged about a female cop’s head bouncing off the pavement. BOLO 168
  139. Howard Richardson, who allegedly beat a cop with a flagpole.
  140. Daniel Rodriguez, whom videos appear to show tasing Michael Fanone. Sedition Hunter-based reporting
  141. Edward Rodriguez, who sprayed pepper spray at cops while wearing a suit. Sedition Hunter-based reporting
  142. Greg Rubeacker, Tip SM
  143. Jesse James Rumson, who grabbed a cop’s face shield. Sedition
  144. Bobby Russell, who knocked over a cop while pushing over a SW barricade.
  145. Jeffrey Sabol, helped drag a cop from the Capitol and beat him while prone. LE arrest (erratic driving)
  146. 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)
  147. Salvador Sandoval, Jr, who went to the insurrection with his mother and shoved some cops.
  148. Robert Sanford, who was filmed hitting Capitol Police Officer William Young on the head with a fire extinguisher. Tip NM
  149. Ronald Sandlin, who tried to wrestle cops to keep the door to the Senate open. MPD tip
  150. Troy Sargent, who appears to have punched some cops holding a line. Tip SM
  151. Peter Schwartz, a felon who maced several cops. Tip NM (BOLO 120)
  152. Dan Scott, AKA Milkshake, who shoved some cops in the initial assault. Network.
  153. 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
  154. DJ Shalvey. The details of the assault charged against Shalvey are not public, but he did get charged for lying about it to the FBI.
  155. 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
  156. Thomas Sibick, accused of being among a group of men who attacked Michael Fanone and stole his badge.
  157. Geoffrey Sills, alleged to have used both a pole and a baton in several assaults on cops in the tunnel.
  158. Richard Slaughter, who hit cops with. a pole.
  159. Audrey Southard-Rumsey, the talented singer deemed one of the main agitators in the Statuary Hall Connector. Tip SM
  160. Michail Slye, who tripped a cop with a bike rack.
  161. Peter Francis Stager, who was involved in beating a prone cop with a flagpole. Tip SM
  162. Shelly Stallings, Peter Schwartz’s spouse indicted for spraying cops with pepper spray. Schwartz network
  163. Jackie Starer, a doctor who punched a female cop. Tip acq
  164. Ezekial Stecher, whom videos showed pushing in the Lower West Tunnel.
  165. Tristan Stevens, who fought cops with a shield and baton. Video
  166. Isaac Sturgeon, who is accused of using a barricade to attack some officers.
  167. Ryan Swoope, who sprayed a cop at the North door. BOLO 486
  168. Andrew Taake, who is accused to have used a metal whip and pepper spray against the cops. Tip SM
  169. George Pierre Tanios, who allegedly conspired with Julian Khater to attack Brian Sicknick and two other cops. BOLO 254
  170. Kenneth Joseph Owen Thomas, who organized a MAGA Caravan from AL and then selfied himself attacking cops. BOLO 214
  171. Salvatore Vassallo, who lit a cigar then charged at an officer. BOLO 338
  172. Christopher Warnagiris, the Marine Major who fought to keep the East door open. BOLO 241
  173. Jerry Waynick, accused of throwing a cone at cops. BOLO 157
  174. Mark Waynick, who tousled with cops with his son. Network Waynick
  175. Thomas Webster, who attacked a cop with a flagpole. BOLO 145
  176. Troy Weeks, who attempted to steal a cop’s pepper spray. BOLO 85
  177. Tucker Weston, who shoved some cops. BOLO 437
  178. Wade Whitten, accused of dragging AW down the steps of the Capitol and hitting him with a crutch. BOLO 130
  179. Ricky Willden, who allegedly sprayed cops with a chemical.
  180. Duke Wilson, accused of assaulting several officers in the Lower West Tunnel. BOLO 87
  181. Jason Woods, who allegedly used the same tripping attack on a female cop and a cameraman. BOLO 238
  182. Christopher Worrell, a Proud Boy who apparently sprayed pepper spray at a line of police.
  183. Kyle Young, accused of attacking Michael Fanone and another officer, and stealing Fanone’s weapon.
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Graydon Young: Trading a Potential Terrorism Enhancement for Testimony against His Sister

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As of this moment, the government has obtained five misdemeanor guilty pleas, one straight up felony plea, and two cooperation pleas in the January 6 investigation. With an eye towards understanding the Graydon Young plea, I’d like to look at the stories — or lack thereof — that the government is telling with its Statements of Offense.

DOJ’s reticent Statements of Offense

Thus far, the government is using Statements of Offense for their functional purpose, to lay out how the defendant’s behavior meets the elements of the offense to which they plead guilty, and not to tell a larger story about the investigation (as, for example, in the Robert Mueller did with some of his guilty pleas).

Generally, the misdemeanor SOO are more succinct than the arrest affidavit for the same defendant. For example, in their SOO, there’s less detail of Jessica and Joshua Bustle’s social media postings or evidence from the geofence warrants than in their arrest affidavit. Instead the SOO lays out that they were in the Capitol, that they carried anti-vaccine signs (which supports their parading charge), and adds that the reason they were there was to “demonstrate against the certification of the vote count.” Similarly, Robert Reeder’s SOO doesn’t include details of the pictures he took while inside the Capitol, which were described in his arrest warrant; it focuses on the alarms ringing when Reeder entered the building, that Reeder ignored a cop’s response that “We don’t have any water in here, sir” when he walked past the cop into the building, and his second trip inside, all evidence making it clear his trespass was knowing and intentional. There is something new in Bryan Ivey’s SOO that wasn’t in his arrest affidavit: that he deleted all the photos and videos he took inside the Capitol which, if the FBI wasn’t able to restore them, would represent the loss of valuable evidence about the first rioters inside the building.

That will likely be used in sentencing to distinguish Ivey at sentencing from someone like Anna Morgan-Lloyd who was able to fully cooperate with law enforcement.

Similarly, the SOO for the one straight felony plea, that of Paul Hodgkins, adds almost nothing from his arrest affidavit, aside from a paragraph establishing his intent to obstruct the vote count, which is an element of the obstruction charge he pled guilt to.

Hodgkins knew at the time he entered the U.S. Capitol Building that that he did not have permission to enter the building, and the defendant did so with the intent to corruptly obstruct, influence, and impede an official proceeding, that is, a proceeding before Congress, specifically, Congress’s certification of the Electoral College vote as set out in the Twelfth Amendment of the Constitution of the United States and 3 U.S.C. §§ 15-18.

There’s not even any language explaining the import of Hodgkins having helped occupy the Senate, as compared to those charged with misdemeanors.

There’s nothing at all wrong with this. Indeed, with the conveyor belt of plea deals that are about to go forward, doing this as efficiently and soundly, from a legal standpoint, as possible makes sense.

The cooperation deals also don’t tip DOJ’s hand

It’s not surprising, then, that the SOOs for the two cooperation deals provide little hint of what the men, Oath Keepers Jon Schaffer and Graydon Young, traded in hopes of working off their sentences. Admittedly, Schaffer’s SOO included two comments he made at the Million MAGA March on November 14, 2020 that were also included in his arrest affidavit. But like the arrest affidavit, the only link made between Schaffer’s actions on January 6 and the Oath Keepers is the Oath Keepers hat he wore to insurrection.

Instead, Schaffer’s SOO focuses on the elements needed to sustain Schaffer’s obstruction and trespassing with a deadly weapon (bear spray) charges.

Wearing a tactical vest and armed with bear spray, SCHAFFER unlawfully entered the building with the purpose of influencing, affecting, and retaliating against the conduct of government by stopping or delaying the Congressional proceeding by intimidation or coercion.

We know that Schaffer is cooperating against other Oath Keepers. A discovery letter Kathryn Rakoczy sent on April 23 explained that,

On Wednesday, April 21, 2021, we emailed you about Jon Schaffer, who pled guilty last week, with respect to the information we have at this time about whether Mr. Schaffer has had communications with your clients.

But the SOO doesn’t reveal any of what Schaffer might say.

Similarly, Graydon Young’s SOO doesn’t reveal what he might have offered prosecutors in hopes of working away the estimated 63 to 78 months he faces on the charges to which he pled guilty. Though by examining the history of the charges against him with what did get included in his SOO, we might guess what he offered.

How Graydon Young ended up pleading out of terrorism exposure

The government was prepared to arrest Young with a January 18 arrest warrant charging him with trespassing, obstruction of the vote count, and obstruction for deleting his Facebook account. Instead, they held off until February, when they arrested Young along with his sister, Laura Steele, and Kelly and Connie Meggs as part of the First Superseding Indictment, which added conspiracy and aiding and abetting the destruction of government property (18 U.S.C. §1361) charges to Young’s legal woes. The Third Superseding Indictment added no charges against Young. But the Fourth added a civil disorder charge that also implicated his sister and Jessica Watkins (as well as civil disorder, assault, and obstruction charges for some others). As I described at the time, the government was effectively turning the screws, enhancing most defendants’ legal jeopardy — albeit with charges that were already foreshadowed in case filings — as they awaited discovery. It was utterly ruthless, and about par for the course for DOJ, particularly for a complex conspiracy case.

By pleading guilty, Young not only got 3 levels of credit for pleading guilty, but the civil disorder and damage to the building charge were dismissed. Notably, the latter charge is what can be used to add a terrorism enhancement at sentencing, so by pleading, Young basically avoided being treated, legally, as a terrorist if and when DOJ decides to go there. In addition, Young’s initial charge for deleting his Facebook account got added as a two level enhancement to his obstruction charge. Had he been convicted of everything at trial, Young probably would have been sentenced to that as a separate crime concurrently, so effectively by pleading it just made his existing obstruction exposure worse.

Here’s what all that looks like in the mumbo jumbo of sentencing levels, which gives a sense of how DOJ is treating the Oath Keepers’ obstruction of the vote count as distinct from Paul Hodgkins, whose base level calculation (which did not include the threats of violence and damage, the extensive planning, or the obstruction charged against Young himself) was 17.

U.S.S.G. § 2J1.2 Base Offense Level 14

U.S.S.G. § 2J1.2(b)(1)(B) Causing/Threatening Injury or Damage +8

U.S.S.G. § 2J1.2(b)(2) Substantial Interference With Justice +3

U.S.S.G. § 2J1.2(b)(3)(C) Extensive Scope, Planning, or Preparation +2

U.S.S.G. § 3C1.1 Obstruction (destroying documents) +2

Total 29

Apropos of nothing (except that this conspiracy is getting closer to Roger Stone), this is precisely the same guidelines calculation as DOJ used with Stone, and — except for threatening a judge rather than deleting Facebook — for the same reasons.

So Paul Hodgkins, who obstructed the vote by going alone to the Senate floor and occupying that space with people like Jacob Chansley, faces 15 to 21 months, whereas Young, by planning ahead with a militia and going into the day planning for violence, faces 63 to 78 months (though avoids the terrorism enhancement that DOJ has been hinting they may use against the conspirators).

What is and is not in Young’s Statement of Offense

With that as background, I’d like to look at what got included and excluded in Young’s SOO, and what got excluded (which I’ll argue may hint at what he’ll cooperate with DOJ on).

The core of Young’s SOO substantiates the obstruction charge in language similar to that used with Hodgkins:

16. At the time Mr. Young forcibly entered the building, Mr. Young believed that he and the co-conspirators were trying to obstruct, influence, and impede an official proceeding, that is, a proceeding before Congress, specifically, Congress’s certification of the Electoral College vote as set out in the Twelfth Amendment of the Constitution of the United States and the statutes listed in sections 15 through 18 of title 3 of the U.S. Code.

17. Mr. Young acted to affect the government by stopping or delaying the Congressional proceeding, and, in fact, did so. He accomplished this by intimidating and coercing government personnel who were participating in or supporting the Congressional proceeding.

In addition, ¶¶20-21 describe Young deleting his Facebook account and some of what he deleted, and ¶¶8-15 and ¶¶18-20 describe most of the overt acts attributed to him in the Fourth Superseding, correlating this way:

¶8 of the SOO describes making plans.

¶9 describes Young and “at least some of the co-conspirators” discussing the need for operational security includes a Proton Mail exchange in which Joseph Hackett described sending pictures to discuss, “locations, identities, Ops planning … to avoid digital reads.”

¶10 describes Young traveling with “at least one of the co-conspirators” — language of his SOO that will be used as evidence against his own sister, Laura Steele — to DC.

¶11 describes the Trump rally in very oblique terms: “an event near the White House.”

¶12 describes — again, in innocuous terms, “marched with at least some of the co-conspirators towards the U.S. Capitol” — as described as The Stack “preparing for battle and marching to the Capitol” in ¶101 of the Fourth Superseding.

¶13 describes entering the restricted grounds of the Capitol (one of the trespass charges) and what gear he wore.

¶14 describes The Stack entering the Capitol, as described in ¶132 of the Fourth Superseding.

¶15 describes The Stack walking through a damaged door (substantiating the 18 USC 1361 charge Young is no longer charged with) and tussling with cops.

As noted, ¶¶16-17 allocute the obstruction of the vote count.

¶18 describes six members of The Stack specifically pushing against a line of cops guarding the hallway (substantiating the Civil Disorder charge Young is no longer charged with but his sister is).

¶19 describes Young exiting the Capitol.

¶20 describes the content of something Young tried to delete from his Facebook account: “At around 4:22 p.m., Mr. Young posted on Facebook, “We stormed and got inside.'”

Even on its face, the SOO has Young admitting to overt acts, under oath, that implicate a number of his co-conspirators, especially Jessica Watkins, Hackett, and his sister, Laura Steele. That’s part of what DOJ got from Young in this plea deal: sworn testimony and therefore more pressure to plead against other alleged conspirators. This probably won’t be the last time in the January 6 investigation — possibly even in this conspiracy — that DOJ requires family members to testify against family members to get a plea deal.

But there are other things described in the Fourth Superseding that either don’t show up in the SOO or show up in such oblique fashion that they likely point to area where Young gave prosecutors something they didn’t have.

For example, the Fourth Superseding describes Young’s own effort to join the Oath Keepers, his efforts to recruit others, and his role in rushing his sister through the process (an utterly disastrous favor that Steele’s big brother did for her). If that’s covered in his SOO, it’s only in this vague language.

In advance of January 6, 2021, Mr. Young coordinated with certain individuals and affiliates of the Oath Keepers – referred to here as “the co-conspirators” – in making plans for what Mr. Young and the co-conspirators would be doing in Washington, D.C., on January 6.

In addition, the Fourth Superseding included details of a Signal planning chat in which Young was included.

At least as early as January 3, 2021, WATKINS, KELLY MEGGS, YOUNG, HARRELSON, HACKETT, DOLAN, ISAACS, and others known and unknown joined an invitation-only encrypted Signal group message titled “OK FL DC OP Jan 6” (hereinafter the “Florida Signal Chat”).

We know nothing of what was said on this chat. The uncertainty about when it was established suggests that the government may have obtained what it has of this chat via someone whose phone took some time to exploit, someone (possibly including Young) who was a relatively late addition to it. But certainly, whatever did take place on this chat would be one of the things incorporated into the “making plans” bullet described in the indictment, and key to showing not just that the Oath Keepers had entered into a conspiracy to conduct this operation, but probably details of how they coordinated with other militias in Florida

Relatedly, there’s the firearms training session Young set up, which is not included in his SOO but is included in the larger conspiracy.

47. On December 26, 2020, YOUNG wrote an email to a Florida company that conducts training on firearms and combat. YOUNG wrote, in part, “I trained with you not long ago. Since then I have joined Oath Keepers. I recommended your training to the team. To that effect, four of us would like to train with you, specifically in your UTM10 rifle class.”

Given how obliquely the SOO refers both to Young’s activities at the Trump rally and the decision to leave before it ended to head to the Capitol, I suspect he provided new details on that, as well.

We may not learn these details for weeks if not months (we still have no idea what Schaffer has been doing since he pled in April).

All DOJ’s telling us is that Graydon Young’s plea deal will make things worse for his co-conspirators, giving them even more incentive to flip on their own right.

Update: Benny Bryant reminds me that we do know some stuff about that Florida Signal chat, because it shows up in the government’s response to Kenneth Harrelson’s bid for bail. He also argues that the weapons training Young signed up for is not the training that the Meggses set up. [Deleted reference to Stone there.]

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The January 6 Plea Deals: Cooperation, Felony, and Misdemeanor Plea Deals

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Later today, Graydon Young, one of the people charged in the Oath Keeper conspiracy, will plead guilty. We won’t know until then whether his plea includes a cooperation agreement or not. He only joined the Oath Keepers in December 2020, but because he was in Florida, he may know about some key events leading up to January 6, including this book event with Roger Stone and Kelly Meggs’ wife, Connie.

Days after the event, Kelly Meggs described having set up an organized alliance between Florida militias.

Also this afternoon, Anna Morgan-Lloyd will be the first January 6 defendant to be sentenced; the government has recommended she get a three year probation sentence.

In anticipation of what will soon turn into a flood of pleas, I wanted to lay out what we’ve seen so far.

Update: Judge Lamberth did give Anna Morgan-Lloyd probation, but gave her 3 times the community service — 120 hours rather than 40 — as the government requested. Update: it was docketed as 40 hours. So I guess she got exactly what prosecutors asked for.

Cooperation Agreement

Jon Schaffer: Schaffer is the only cooperation agreement we know about, but that may be because of a docket fail. There are certainly other people I suspect are cooperating, and there are sealed filings that could suggest cooperators. He pled to obstruction and entering the building with a deadly weapon. His guidelines sentence is 41-51 months.

Plea (includes 5K1), but no assigned restitution amount

Graydon Young: Young also entered into a cooperation agreement. He is pleading to conspiracy and obstruction, and faces a guideline sentence of 63-78 months.

Plea (includes 5K1) and restitution

Felony Plea

In spite of Paul Hodgkins’ notable use of latex gloves (which he put on in an attempt to offer Joshua Black First Aid), his was a straight plea. As a felony plea, his includes sentencing guidelines for pleading to obstruction, 18 U.S.C. §1512 (which for Hodgkins was 15 to 21 months) and $2,000 restitution.

Paul Hodgkins (my post on his plea)

Misdemeanor Plea

The misdemeanor pleas we’ve seen so far require the defendant to plead to one of what is often four trespass charges. The pleas include $500 restitution and, for most (but not Reeder), a “cooperation with additional investigation” paragraph requiring an interview and a review of social media with law enforcement.

Jessica Bustle

Joshua Bustle

Bryan Ivey

Anna Morgan-Lloyd (my post on her effort to express remorse)

Robert Reeder

 

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