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Questions about the Proud Boys Superseding Indictment

As noted here, DOJ charged Enrique Tarrio, along with the existing leadership conspiracy defendants and Dominic Pezzola, This is just the second superseding indictment against the key Proud Boys. And while it’s good that Tarrio was finally included and there are hints of interesting coordination, unlike with the Oath Keepers conspiracy, where each superseding indictment pointed to a relentless march in one direction, where the Proud Boy investigation is heading is far less clear to me.

For now, I’ll assume that’s simply because they’re holding their cards close.

Who is missing

My first question pertains to the non-inclusion of certain people in this indictment.

The first is William Pepe, who had been charged with Dominic Pezzola on the indictment that got consolidated with this one. He has either flipped (which would be especially noteworthy given that he is represented by John Pierce), or he’s just sitting out there in a conspiracy with himself.

Another person not included here is Ron Loerkhe. With Jimmy Haffner, he was instrumental in breaching the East side of the Capitol and seems to have provided military structure to the attack. The two of them remain charged only by complaint and in February DOJ got a 3 month continuance on their case.

A third is Aaron Whallon-Wolkind, a close associate of Zach Rehl’s who kibbitzed the attack from Philadelphia that day. He was raided back in October, seemingly suggesting he too might get charged. The indictment doesn’t charge him. It also leaves out some of his statements that were in earlier court filings.

Who is cooperating and who is not

Thus far, there is only one overt cooperator in the Proud Boy cases: Matthew Greene, the former co-defendant of Dominic Pezzola (who has been moved onto this indictment) and Pepe (who has disappeared).

There are three senior Proud Boys — named as Person 1, Person 2, and Person 3 — whose status remains unknown. All three had key leadership positions. And they presumably were involved in a video chat Tarrio scheduled for December 20 to discuss Person 3’s comment that, “most of the protest will be at the capital building given what’s going on inside.” Person 1 is almost certainly Jeremy Bertino, who lives in SC; a number of well-informed people believe Person 2 is Wolkind. [h/t CH]

There are other Proud Boys who could be included in this indictment but who aren’t. Dan “Milkshake” Scott got a continuance in February for 120 days; that filing stated that he and the government had not yet even started plea negotiations. Joe Biggs’ co-travelers on the Arthur Jackman indictment are all still charged individually, even though two of them were literally touching Biggs at key moments during the day; the government is only now sorting through conflicts posed by John Pierce’s representation of three of them that would have to precede any plea discussions. Zach Rehl’s co-travelers also remain charged by complaint (and just misdemeanors, too); in February the government got a continuance until April. Jeff Finley, who also with Rehl and the others for part of the day, got a continuance in February until late March, to allow for “continued discussions about the case.” [Corrected to note Finley is a PB] Gabriel Garcia, who seemed to be one of the most useful people reporting back so others could coordinate from outside the riot, seems headed for trial by himself.

Father Jeremy and son Jeffrey Grace remain in uncertain status, too. After dad got busted for paling around with Proud Boys last summer, they’ve been in flux but still just charged (not even with each other!) with trespassing. In February Jeffrey’s case got continued until St. Patricks Day and Jeremy’s got continued to April.

Meanwhile, on Friday, Ricky Willden set a change of plea hearing for April 7, pretty far in advance as these things go. Because he was charged directly with indictment, it’s not clear what the government knows, but he has ties to the Proud Boys and others.

The inconsistent references

In addition to the three Person-Numbers, this indictment refers to people by all manner of convention.

It names Stewart Rhodes in describing the meeting he had with Tarrio in a parking garage after Tarrio was released from jail on January 5.

Then there are multiple people described as “an individual whose identity is known to the grand jury,” the most interesting of whom is the person who shared a 9-page document about occupying key buildings in DC.

But that’s also the way the indictment describes Ryan Samsel before explaining that he, “put one arm around BIGGS’s shoulder and spoke to him” before be broke through the first barrier in front of the Capitol. On Friday, Jia Cobb (who took over the Samsel case from Tim Kelly when several people were added), ordered Samsel transported from the State Jail in Pennsylvania he had been in to a the Federal jail where DC jail residents had been moved to. Since Samsel has been charged, there’s no reason not to name him, just as Rhodes is named.

Where is Trump

As I noted earlier, there’s no mention of Enrique Tarrio’s visit to the White House in December. The White House claimed that was no big deal, and maybe it is.

But this indictment also leaves out all mention of Proud Boys, including Tarrio, playing on Trump’s Stand Back and Stand By comment.

Where is the obstruction charge?

In some ways, this indictment charges more aggressively than the earlier one. As other indictments have, it swaps the 18 USC 371 conspiracy (with a maximum sentence of 5 years) for an 18 USC 1512(k) conspiracy (with a maximum sentence of 20 years).

It charges all the men for the assaults originally charged just against Donohoe and Pezzola.

But it doesn’t include an obstruction charge for Tarrio, in spite of his explicit efforts to prevent others from cooperating, recordings of which were publicly released.

Where does this go from here?

I’ve been expecting and predicting this indictment since December 28. But for the life of me, I’m not sure where DOJ expects to go from here.

This indictment describes the numbers of people massed at several stages of the operation. 65 members on the Ministry of Self Defense (MOSD) Members Group. 90 people in the New MOSD members group created on January 4. Approximately 100 Proud Boys who met at the Washington Memorial the morning of the attack. Donohoe bragging at 12:00PM on January 6 that “WE ARE WITH 200-300 PBS,” just before they kicked off the riot.

Perhaps this framework is meant to provide a way to implicate all those others, 300 people who agreed, by signing up, that they were following a plan that DOJ has now shown (and that Matthew Greene’s cooperation was designed to show) was a plan to occupy buildings from the start.

But otherwise, this still feels really dispersed, and the prosecution team (which consists of three visible members for the leadership conspiracy, including Erik Kenerson, Jason McCullough, and Luke Jones, and about four detailees from other offices for satellite cases; a fourth prosecutor who had been on the core cases, Christopher Berridge, left immediately after Greene pled) has a far harder caseload than the significantly larger team on the Oath Keepers.

Perhaps something will really start to crystalize as some of these continuances end in April. Or perhaps DOJ will be serially prosecuting Proud Boys for the foreseeable future.

January 6 Is Unknowable

Dunbar’s number is a term that describes a presumed cognitive limit to the number of people with whom an individual can maintain social relationships. It’s a way of thinking about limits to our ability to understand a network. People argue about what the actual number is, though 150 is a good standard.

Using that figure, the number of people arrested in the January 6 attack is, thus far, 4 2/3 Dunbar numbers, with two more Dunbar numbers of assault suspects identified in FBI wanted photos. By my count, one Dunbar number of suspects are charged with assault. There were one Dunbar number of police victims from that day. There have been, Attorney General Garland revealed last night, one Dunbar number of prosecutors working on the investigation. One Dunbar number of Congresspeople backed challenges to the vote certification last year, and a significant subset of those people further enabled the insurrectionists in more substantive ways. The January 6 Select Committee has interviewed two Dunbar number of witnesses about the event, a group that barely overlaps with the suspects already charged.

I think about Dunbar’s number a lot, particularly as I review the DC court calendar each morning to review which court hearings I should call into on a given day. I can rattle off the names of the January 6 defendants in all the major conspiracy cases and some less obvious key defendants about whom I’ve got real questions. But for other hearings with a 2021 docket number (the January 6 defendants make up the majority of defendants in DC last year), I need to refer back to my master list to see whether those are January 6 defendants, and if so, whether the hearing might be of import. There are five January 6 defendants with the last name Brown, five with some version of the last name Kelly (all quite interesting), three Martins, and seven Williamses, so it’s not just recognizing the name, but trying to remember whether a particular Brown is one of the really interesting ones.

Court filings are the way I go about understanding January 6. Sedition Hunters, by contrast, have worked via faces in photos, from which they effectively create dossiers on suspects of interest.

From their home offices, couches, kitchen tables, bedrooms and garages, these independent investigators have played a remarkable role in archiving and preserving digital evidence. Often operating under the “Sedition Hunters” moniker, they’ve archived more than 2,000 Facebook accounts, over 1,125 YouTube channels, 500-plus Instagram accounts, nearly 1,000 Twitter feeds, more than 100 Rumble profiles and over 250 TikTok accounts. They’ve gathered more than 4.1 terabytes ― 4,100 gigabytes ― of data, enough to fill dozens of new iPhones with standard-issue storage.

Both approaches have come to a similar understanding of the attack: that the Proud Boys led a multi-pronged assault on the building, one that is most easily seen on the coordinated assault from the Proud Boys, Oath Keepers, America Firsters, and Alex Jones on the East door. That assault on the East door appears after 22:30 on NYT’s Day of Rage on the riot, which remains the most accessible way for people to try to understand the riot. That assault on the East door, because of Pied Piper Alex Jones’ role in providing bodies, leads directly back to Trump’s request that Jones lead rally attendees from the Ellipse to the Capitol. And there are militia and localized networks that are also critical to understanding how all those bodies worked in concert on January 6. Here’s a summary of the Sedition Hunters’ understanding, which is well worth reviewing in depth.

But even though what we’re seeing is quite similar, there are gaps. Because I’m working from dockets, I’m aware of only the most important people who have yet to be arrested, whereas the Sedition Hunters have a long list, including assault suspects, prominent participants, and militia members, who remain at large. Meanwhile, I’ve identified a handful of defendants whose accomplices on January 6 are obviously of great interest to DOJ, but the Sedition Hunters aren’t always able to reverse engineer who those accomplices are based off their work.

And dockets are only useful for certain kinds of information. I track each arrest affidavit and statement of offense closely. I try to keep a close eye on changes in legal teams and developments (like continuances) that deviate from the norm, which are often the first sign that a case is getting interesting. You learn the most from detention hearings and sentencing memos. But for defendants charged by indictment and released pre-trial, the government can hide most of what it knows. And that’s assuming DOJ makes an arrest or unseals it, which it might not do if someone cooperates from the start.

The government has announced nine cooperation deals (one four months after it happened), and the subject of cooperation for two of them — Jon Schaffer and Klete Keller (whom I often get confused with the five Kellys) — is not known. It wasn’t clear that Jacob Hiles was the defendant who had gotten Capitol Police cop Michael Riley indicted until Hiles’ sentencing memo. And Hiles is not the only one being charged with a misdemeanor who cooperated to end up that way. It’s often not clear whether a delayed misdemeanor charge reflects really good lawyering or cooperation (and in the case of Brandon Straka, it seems to have been really good lawyer that nevertheless resulted in some key disclosures to DOJ).

There is a growing list of Person Ones described in court filings, Stewart Rhodes, Enrique Tarrio, Aaron Whallon-Wolkind, Alex Jones, and Morton Irvine Smith, all of whom were clearly involved in January 6 but haven’t been charged yet. Roger Stone never got referred to as Person One, but he is all over the Oath Keepers’ court filings. DOJ hasn’t named people like Mo Brooks and Rudy Giuliani when they include them in Statements of Offense, but they’re in there. So are other people who spoke on January 5.

It turns out that one means of accessing the January 6 is my forté, documents, and that of citizen researchers, collaborative research. But partly because Merrick Garland referred Michael Sherwin for an Office of Professional Responsibility investigation for publicly commenting on the investigation improperly, the normal way things get reported — by quoting sources — largely isn’t yet accessible for the criminal side of the investigation. That leads to misleading reporting like the famous Reuters article that didn’t understand the role of crimes of terrorism or a WaPo piece yesterday that unbelievably quoted Jonathan Turley claiming, “There’s no grand conspiracy that the FBI found, despite arresting hundreds of people, investigating thousands,” without labeling him as the former President’s impeachment lawyer, which is the only way Turley would be marginally competent to make such a claim. There are defense attorneys talking to the press — but the chattiest defense lawyers are the ones setting new standards for bullshit claims. The ones I’ve heard from are themselves drowning in their attempts to understand the larger investigation, both because of the sheer amount of discovery and because that discovery doesn’t tell them what is going on legally with one of the other Dunbar numbers of defendants. But in general, the ordinary sources for typical reporting aren’t talking, leading to a lot more mystery about the event.

One thing I find most striking from those who were present is their blindness. I’m haunted by something Daniel Hodges said in his testimony to the January 6 Committee: that the men and women who fought insurrectionists for hours in the Tunnel through which Joe Biden would walk to take the Oath of Office two weeks later had no idea, during that fight, that the Capitol had already been breached, and then cleared, as they continued to fight a battle of inches.

It was a battle of inches, with one side pushing the other a few and then the other side regaining their ground. At the time I (and I suspect many others in the hallway) did not know that the terrorists had gained entry to the building by breaking in doors and windows elsewhere, so we believed ours to be the last line of defense before the terrorists had true access to the building, and potentially our elected representatives.

There are similar accounts from other direct witnesses — like this chilling piece from Matt Fuller — who huddled feet away from where Ashli Babbitt was killed without knowing what was happening. Grace Segers, in her second telling of surviving that day, describes how there was no way to tell maintenance workers (there must be ten Dunbar numbers of support staff who were there that day) to take cover from the mobsters.

I have spent the better part of the year working full time, with few days off, trying to understand (and help others understand) January 6. I’ve got a clear (though undoubtedly partial) vision of how it all works — how the tactical developments in the assault on the Capitol connect directly back to actions Donald Trump took. Zoe Tillman, one of a handful of other journalists who is attempting to track all these cases (while parenting a toddler and covering other major judicial developments) has a piece attempting to do so with a summary of the numbers. But both those methods are inadequate to the task.

But thus far, that clear vision remains largely unknowable via the normal ways the general public learns. That’s why, I think, people like Lawrence Tribe are so panicked: because even beginning to understand this thing is, quite literally, a full time job, even for those of us with the luxury of living an ocean away. In Tribe’s case, he has manufactured neglect out of what he hasn’t done the work to know. To have something that poses such an obvious risk to American democracy remain so unknowable, so mysterious — to not be able to make sense of the mob that threatens democracy — makes it far more terrifying.

I know a whole lot about what is knowable about the January 6 investigation. But one thing I keep realizing is that it remains unknowable.

FBI Searches the Home of the Guy Who Said, “I want to see thousands of normies burn that city to ash” on January 6

I want to see thousands of normies burn that city to ash today — Telegram text from person described as UCC-1, January 6, 2021

According to NYT’s Alan Feuer, the person who participated in the Proud Boy leadership Telegram chat planning for January 6 who was described as “Unindicted Co-Conspirator 1” (UCC-1) in the Proud Boy Leaders indictment is Aaron Whallon-Wolkind, the Vice President of the Philadelphia Chapter of the Proud Boys.

As described in the indictment, in Telegram chats obtained from Nordean’s phone, UCC-1 made a comment on January 4 reflecting an existing plan. And he played a key role in setting up the radio communications that would be used on the day of the riot.

41. On January 4, 2021, at 8:20 p.m., an unindicted co-conspirator (“UCC-1”) posted to New MOSD channel: “We had originally planned on breaking the guys into teams. Let’s start divying them up and getting baofeng channels picked out.”1

42. On January 5, 2021, at 1:23 p.m., a new encrypted messaging channel entitled “Boots on the Ground” was created for communications by Proud Boys members in Washington, DC. In total, over sixty users participated in the Boots on the Ground channel, including D.C. NORDEAN, BIGGS, REHL, DONOHOE, and UCC-1. Shortly after the channel’s creation, BIGGS posted a message to the channel that read: “We are trying to avoid getting into any shit tonight. Tomorrow’s the day” and then “I’m here with rufio and a good group[.]”

[snip]

47. UCC-1 the At 9:09 p.m., broadcast a message to New MOSD and Boots Ground channels that read: “Stand by for the shared baofeng channel and shared zello channel, no Colors, be decentralized and use good judgement until further orders” UCC-1 also wrote, “Rufio is in charge, cops are the primary threat, don’t get caught by them or BLM, don’t get drunk until off the street.” UCC-1 then provided a specific radio frequency of 477.985.

UCC-1 also warned the others not to write their criminal plans in Telegram texts.

Specifically, the person identified in the Superseding Indictment as Unindicted Co-Conspirator (“UCC-1”) advised that participants “[s]houldn’t be typing plans to commit felonies into your phone.” UCC-1 later directed that, “if you’re talkin[g] about playing Minecraft2 you just make sure you don’t use your phone at all or even have it anywhere around you.”

2 Minecraft is a video game. Based on information provided by the FBI, the government understands that it is common for persons discussing criminal activity online to refer to such activity as occurring “in Minecraft” to conceal the true nature of the activity.

The full context of UCC-1’s comment about burning DC to ash includes a comment reflecting his belief that “the state is the enemy of the people” and a response from Person 2 describing that “normiecons” have no adrenaline control, a recognition that shows up elsewhere that the Proud Boys could and did inflame non-Proud Boy members.

DONOHOE: Are you here?

UCC-1: No I started a new job, don’t want to fuck it up yet

DONOHOE: Well fuck man

UCC-1: There will be plenty more I’m sure lol

UCC-1: I want to see thousands of normies burn that city to ash today

Person-2: Would be epic

UCC-1: The state is the enemy of the people

Person-2: We are the people

UCC-1: Fuck yea

Person-3: God let it happen . . . I will settle with seeing them smash some pigs to dust

Person-2: Fuck these commie traitors

Person-3 It’s going to happen. These normiecons have no adrenaline control . . . They are like a pack of wild dogs

DONOHOE: I’m leaving with a crew of about 15 at 0830 to hoof it to the monument no colors

Person-2 Fuck it let them loose

Person-3 I agree . . . They went too far when the [sic] arrested Henry as a scare tactic

A detention memo for Ethan Nordean revealed that UCC-1 was monitoring livestreams and using other methods to track the riot (I’ve written about how useful former Army Captain Gabriel Garcia’s live streams would have been for that purpose; given Whallon-Wolkind’s role in setting the channel for the Baofengs, it’s likely he tracked that too).

When the Defendant, his co-Defendants, and the Proud Boys under the Defendant’s command did, in fact, storm the Capitol grounds, messages on Telegram immediately reflected the event. PERSON-2 announced, “Storming the capital building right now!!” and then “Get there.” UCC-1 immediately followed by posting the message, “Storming the capital building right now!!” four consecutive times.6 These messages reflect that the men involved in the planning understood that the plan included storming the Capitol grounds. This shared understanding of the plan is further reflected in co-Defendant Biggs’ real-time descriptions that “we’ve just taken the Capitol” and “we just stormed the fucking Capitol.”

6 UCC-1 and PERSON-2 are not believed to have been present on the Capitol grounds, but rather indicated that they were monitoring events remotely using livestreams and other methods.

The centrality of UCC-1 in the indictment against the Proud Boy leaders — along with Aram Rostom’s reporting on Whallon-Wolkind’s past efforts to share information on Antifa with the FBI — fed conspiracies about the FBI seeding the entire January 6 riot.

In January 2019, a member of the Philadelphia chapter of the Proud Boys who called himself “Aaron PB” was on a Telegram chat with fellow members to gather information about Antifa, according to leaked chat screenshots whose authenticity was confirmed by a source familiar with the Proud Boys and by a lawyer for Aaron PB. Aaron PB said in a chat that he was gathering “info we want to send our FBI contact.”

A source close to the federal investigation told Reuters that “Aaron PB” is a Philadelphia Proud Boy leader named Aaron Whallon-Wolkind.

Whallon-Wolkind did not respond to phone calls or questions sent via text. Reached by a Reuters reporter, he hung up.

Patrick Trainor, a New Jersey lawyer for Whallon-Wolkind in an unrelated lawsuit, said Whallon-Wolkind and other Philadelphia Proud Boys had talked about inconsequential matters with the FBI over the years. Those contacts did not amount to anything substantive, Trainor said. Trainor represents other Proud Boys as well.

“They’ve all been approached at different times at different rallies in the city of Philadelphia,” he said. “Plainclothes FBI guys wanted to talk to them. You know: ‘We heard this happened. This happened so let’s talk about it.’”

Trainor acknowledged Whallon-Wolkind made the comments about “our FBI contact” on the Telegram chat, but believes they were not meant to be taken seriously. “I think he was just breaking balls,” Trainor said. “I think there was no contact with the FBI.”

In a May Motion for a Bill of Particulars, Ethan Nordean’s attorneys professed to need the identity of UCC-1 because key allegations in the conspiracy were attributed to him.

The government uses the statements of a person identified as “UCC-1” in the FSI to detain Nordean and to establish a conspiracy. The government has not produced evidence identifying this individual.

[snip]

The FSI cites a “UCC-1” who allegedly makes various conspiratorial remarks. FSI, ¶¶ 41, 42, 47. The government has not produced evidence identifying this individual.

But by July 15 (not long before Enrique Tarrio called Zach Rehl’s wife to sound out whether Rehl was flipping), when Judge Tim Kelly asked whether Nordean lawyer Nick Smith still wanted that identity, Smith instead emphasized a greater need for evidence linking Dominic Pezzola to his client. Smith did complain that the Proud Boys were left speculating on the identity of the person, ridiculously suggesting that his client didn’t know the identities of the around six other people with whom he was in a leadership Telegram channel. Smith then noted that there was public information (Rostom’s reporting) that UCC-1 had been a government informant. Prosecutor Luke Jones then confirmed that UCC-1 was not a CHS — that is, a paid informant of the sort that FBI might use to entrap others.

Nevertheless, in July, it appeared that prosecutors had a cooperating witness who could attest to an advance plan to storm the Capitol.

On Friday, according to a filing purporting to argue that Zach Rehl should be released on bail, FBI agents raided Whallon-Wolkind’s home.

Rehl’s attorney, Jonathon Moseley, claimed that because (he said), “Aaron Whallon-Wollkind did not join the events in the District of Columbia on January 6, 2021, whether the peaceful demonstrations or the violent attacks by a very, very few against U.S. Capitol Police … the Government has no basis for investigating or charging Whallon-Wollkind other than his connection to Zachary Rehl” [all three forms of emphasis Moseley’s], which in turn Moseley claimed was proof that the government still did not have any evidence against Rehl.

It’s a colossally stupid argument, almost as stupid as Moseley’s last two filings, in which he admitted that the Proud Boys “‘circle[d]’ (in a rectangle) the region around the Capitol to monitor the risk from counter-demonstrators,” an encirclement plan that had been publicly tied to obstructing the vote count in advance, and then argued that because Ali Alexander, a brown person who took credit for organizing the Stop the Steal rallies, had not been arrested yet, his [white] client should not have been either.

In the guise of arguing that a warrant that Judge Kelly likely knew about — if not authorized — in advance did not substantiate probable cause, Moseley laid out anything a co-conspirator might want to know about the raid of one of another co-conspirator, including the date of the search, the items listed in the warrant, the crimes under investigation, the items seized, and Whallon-Wolkind’s [wise] refusal to answer questions without an attorney present.

Before dawn on the morning of Friday, October 8, 2021, approximately 20 law enforcement agents heavily armed and wearing riot police gear, raided the home rented by Aaron Whallon-Wollkind near the Pennsylvania border. Aaron was awakened to threats, commands, and intimidation from an extremely loud loud-speaker (far more powerful than a hand-held bullhorn) ordering him to come out of his rural house with his hands up. He walked out of the door to find his girlfriend already handcuffed outdoors without any pants being guarded by the riot-gear wearing FBI agents.

On his lawn he found an armored personnel carrier which he understands to be a “Bear Cat.” The tank-like armored personnel carrier and other vehicles had torn up his lawn. There was also a roughly 15 foot long battering ram mounted on a vehicle. They were apparently all agents of the Federal Bureau of Investigation or at least led by the FBI with supporting officers.

[snip]

In the pre-dawn of Friday, October 8, 2021, Whallon-Wollkind was also handcuffed and held outside while the agents ransacked his house along with his half-naked girlfriend. After some of the roughly 20 agents had searched his house inside, some of the agents brought Whallon-Wollkind back inside where they had moved a single chair in the middle of a room like an interrogation scene from a war movie. They sat him down and began to interrogate him. He told them that he refused to say anything without the advice of an attorney.

The FBI took all of his computer and computer devices and phones, including an old broken phone.

However, Whallon-Wollkind was not arrested or charged.

[snip]

They had staked out his house and taken photographs. The only thing they did not already have is evidence of Zachary Rehl planning, organizing, or leading a poorly-defined “Stop the Steal protest” which Ari [sic] Alexander takes credit for being the National Organizer of. Counsel has reviewed the search warrant and documents given to Whallon-Wollkind yesterday morning, which was sent by text message from his girlfriend.

Counsel understands that when freely given to Wollkind and his girlfriend, the documents lost their sealed character. The paperwork was freely provided to Wollkind and his girlfriend at their house, with no instructions that any restrictions applied to them. There is nothing in the search warrant that orders anything with regard to the person whose property is being searched. We are not talking about the underlying affidavit, which was not provided and remains under seal. But the deprivation of Zachary Rehl’s liberty, being incarcerated for months of his life he will never get back, for things he did not do, outweighs any interest of the Government in continuing to perpetuate a baseless conspiracy theory against Zachary Rehl.

The search warrant is authorized to be executed by October 14, 2021, corresponding to the motions schedule for the next hearing of this Court.

The search warrant was issued on either October 1, 2021, or October 4, 2021 (the text message version is blurry).

[snip]

The SUBJECT OFFENSES are the same criminal charges for which Zachary Rehl was indicted in the First Superseding Indictment. The items to be searched and seized include:

a. Clothing items associating AARON WOLKIND with the Proud Boys organization, as described in the affidavit in support of the search warrant application.

* * *

d. Records and information relating to the identification of persons who either (i) collaborated, conspired or assisted (knowingly or unknowingly) the commission of the SUBJECT OFFENSES; or (ii) communicated about matters relating to the SUBJECT OFFENSES, including records that help reveal their whereabouts.

* * *

f. Records and information … any efforts to or questions about the legitimacy of the 2020 Presidential election, the certification process of the 2020 Presidential Election, or otherwise influence the policy or composition of the United States government by intimidation or coercion.

* * *

h. Records and information relating to the state of mind of the subjects and/or co-conspirators, e.g. intent, absence of mistake….

Moseley makes much of the fact that the FBI had correctly identified in which judicial district Whallon-Wolkind’s house is located, which he says is in a rural area close to the PA border, as well as that the FBI had a serial number and type for Whallon-Wolkind’s smart phone.

Indeed, while counsel is not revealing the judicial district where the search warrant was issued, where Wollkind resides, and where the search warrant was executed, the FBI would have to already know everything imaginable about Wollkind in order to apply to the correct judicial district, which is not what one would expect, and to include (thankfully, to avoid misunderstandings and mistakes) three photographs of Wollkind’s rented house. Thus, the FBI did not need to learn about Wollkind. They wanted to scrounge around for evidence against Rehl that they still do not have. The FBI already knew the precise type and serial number of the smart phone used by Wollkind.

It’s as if this attorney has never seen a probable cause warrant affidavit before, which describe both these things to establish probable cause for the warrant.

Moseley’s conspiracy theory is that the FBI obtained this warrant between the time Rehl first renewed his bid for pretrial release and days before the time there’ll be a status hearing exclusively to obtain evidence to use to prove what the DC Circuit Court has already said is adequate basis to detain Rehl’s co-conspirators.

Perhaps the most interesting detail in this filing, however, is a stray sentence that seems to indicate that Whallon-Wolkind may have traveled to DC in January after the riot.

Aaron Whallon-Wollkind never travelled to the District of Columbia until after the protests were over.

Whatever else Moseley argues, this filing comes after months in which his client’s alleged co-conspirators have suggested that Whallon-Wolkind either was cued by the FBI to incite the entire riot with really incriminating statements (which Jones effectively denied) or had only avoided charges for those far more damning statements because he was cooperating. That is, for months, other Proud Boys have argued that Whallon-Wolkind’s statements were badly incriminating. Now Moseley wants the judge who has been hearing that for months (Moseley repeatedly states that this investigation has been going on ten months rather than nine) to believe there’s nothing incriminating about Whallon-Wolkind’s actions leading up to and during the riot.

If Whallon-Wolkind had been cooperating before — presumably under a proffer agreement that would have prohibited the government from using his statements against him so long as they were honest — it appears that cooperation has ceased. Or perhaps the government has gotten more useful cooperators who’ve implicated Whallon-Wolkind more deeply in the planning for that day.

Whatever the reason, the FBI has recently shifted its focus to the guy who expressed his desire on the morning of the insurrection that there would be an insurrection.