Posts

Schrödinger’s Capitol: Three Things Owen Shroyer Neglects to Mention

Owen Shroyer has filed a motion to dismiss his trespassing case claiming that FBI left out material information in the arrest warrant against Shroyer. Basically, he argues that the FBI arrest affidavit neglected to describe that Jones and his entourage were begging the cops to let them go de-escalate the crowd.

Burns, however, omits that nothing in the video shows where the restricted area was, what its boundaries were, or warns Shroyer that he was in the restricted area. Burns also omits that, over the course of the 20-minute video, Shroyer’s bodyguard talked to multiple United States Capitol police officers, including on the United States Capitol steps, and expressed that Shroyer and his colleagues wanted to follow the law and help the United States Capitol police deescalate events. Burns conveniently omits the fact that a United States Capitol police officer – identifiable by his name tag as “C. Atkinson” – directs Shroyer and his colleagues to the opposite side of the Capitol building as being where the crowd is the worst when Shroyer’s bodyguard asks where the United States Capitol police needs help the most instead of telling them to leave a restricted area or not to go in one.

Shockingly, Burns hides from the Court that, when Shroyer and his colleagues went where Officer Atkinson directed them to go, Shroyer’s bodyguard had several more conversations with United States Capitol police officers right in front of what appears to be the United States Capitol steps. In these conversations, Shroyer’s bodyguard, Shroyer, and his colleagues interact with both rank-and-file Capitol police officers forming a line to guard the Capitol steps and a Capitol police commander who placed a phone call to his superiors asking whether they could allow Shroyer and his colleagues to assist in deescalating the crowd. Burns fails to tell the Court that, in these interactions, not a single Capitol police officer asked Shroyer or his colleagues to leave or told them that they were unlawfully in a restricted area. Burns also does not tell the Court that the United States Capitol police officers pled with their superiors to allow Shroyer and his colleagues to help them deescalate the crowd.

Shroyer additionally claims that the restricted area for every participant who didn’t already have a legal restriction on being on the Capitol grounds (as Shroyer did) changed after cops moved some barricades.

But Shroyer leaves out three key details that make it clear this filing is a bunch of propaganda.

Alex Jones invited the crowd to add to the mob on the East side even before a cop said there was a problem there

First, he’s lying about what the video shows. It starts with the interaction he describes in the motion, with a timestamp of 13:00. Except then it reverts to earlier footage, time stamped beginning 12:52, where Jones already makes the decision to move to the East front, promising viewers that Trump will speak and explaining they have a permit and a stage. The cop had nothing to do with their decision to go to the East side, and (as I noted here), Jones clearly suggested he was taking his mob to a place where he had legal permission to be, where he had a stage and a permit. That wasn’t the top of the steps; it was an area away from the Capitol that he never used.

Furthermore, the interaction in question captures the cop saying that “you” (meaning the rioters) had breached the East side barricades, undercutting their claim that the cops let rioters in or that the restricted area (for people not named Shroyer, who had a pre-existing one) had changed. Another cop describes that the stairs had been breached, again emphasizing that everyone was trespassing. The video shows Jones’ handlers attempting, but failing, to get legal coverage for Jones to mount the steps. That is, it pointedly shows that the cops never did sanction Jones’ trespassing (though one female cop said if he made it there on his own he could try).

And the video doesn’t show what happened when Jones did climb the steps.

This video (h/t @gal_suburban) shows that amid a mob of people Jones already knew had illegally “breached” the steps, Jones and Shroyer both yelled into blowhorns, “1776” amid an inflamed mob.

Only after that did Jones ask people to be peaceful, then shifted to a “Fight for Trump” chant, again inflaming the crowd (as he began to walk away).

That is, once they got the top of the steps claiming they were going to de-esecalate, they did the opposite, they used the language of Revolution.

Shroyer never denies he knew that his incitement throughout this video was illegal

Shroyer’s filing admits a key detail used to arrest him: less than a year before January 6, he had entered into a deferred prosecution agreement that prohibited him from making a ruckus anywhere at the Capitol, including the grounds of the Capitol.

The DPA defines the “Capitol Buildings” as the “United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all subways and enclosed passages connecting 2 or more of such structures, and the real property underlying and enclosed by any such structure.” Id. at p. 4. It the provides a map delineating what are considered to be the U.S. Capitol Grounds. Id. at p. 5. FBI Special Agent Clarke Burns insinuates that Shroyer violated this agreement even though federal prosecutors have left that decision to D.C. prosecutors.

DC prosecutors are AUSAs.

What Shroyer doesn’t mention is that the map he references includes all the places he was during the video he says exonerates him.

the term “United States Capitol Grounds” was defined to include an area delineated in a map attached to the DPA spanning the Capitol grounds from 3rd Street NW on the west side of the Capitol building, to 2nd Street SE on the east side of the Capitol building

And that’s it. He doesn’t deny his inflammatory speech was a violation of his DPA. He doesn’t say he didn’t have special notice and special prohibition to be on the Capitol grounds riling up a mob.

Having admitted to the DPA, he just ignores the import of it.

Shroyer neglects to mention the import of Ali Alexander’s presence

The video Shroyer says he exonerates him often doesn’t show who is in the entourage (it doesn’t even show his presence), though other videos clearly show who was with Shroyer and Jones as they made a public announcement they were moving to the East side even before speaking to a cop, then moving to the East side and chanting “1776” from the midst of the mob.

But one short clip shows that Ali Alexander was there (as, again, other videos confirm he was throughout).

The significance of Alexander’s presence is that — as BuzzFeed and others have shown — he used a series of front organizations to obtain permits at various locations around the Capitol. And those getting the permits on Alexander’s behalf were clearly told that their permits — the permit Jones used to lure people to the East side, only to ignore once he got there — were limited to 50 people.

Martin, an Iraq War veteran who serves on his local city council, directed the officer to speak with Stephen Brown, a sound and lighting technician who was listed as a “spokesperson,” because Martin said he “only deals with the logistics and the hotel bookings for the event.”

Brown, according to the officer’s notes, said he was “shocked” Martin would say that “because he is in daily communication with Mr. Martin for information regarding the event. He does not understand why he would say that or not give me the information I requested.”

A screenshot of the text from the documents

Obtained via Capitol Police

Brown, who did not respond to emails and phone calls requesting comment, told the officer Martin “is associated with Stop the Steal and travels with Ali Alexander.” Martin “does not seem to have an official title but he deals with the daily operations to include hotel books and car rentals.”

Alexander did not respond to a request for comment.

The officer reported advising Brown “of my concerns of not being able to regulate their numbers to 50 persons or less,” he wrote. “I explained that once information is on social media it is hard to regulate the number of participants. If his event is in fact one in the same Capitol Police will not be able to accommodate his event to the participant numbers being out of regulations and a public safety issue.”

Even the mob that Jones led to the East side exceeded what were allowed under the permit, and he (accompanied all the time by Alexander) didn’t lead them to the permitted area, which might have had the effect of drawing people away from (or at least prevented further accumulation on) the steps.

Shroyer didn’t need cops to tell him what was permissible for everyone who, unlike him, didn’t already have a prior prohibition tied to the Capitol grounds. He was steps away from Alexander the entire time in question.

Alex Jones Used the Promise of a Permit and a Stage to Lure Hundreds to the East Steps

As I noted in this post, Zach Rehl got me to look closer at BuzzFeed’s story liberating the Capitol Police permits for the events on January 6 (even if, after he discovered my own post, he didn’t give me credit in his follow-up). The most important point in Jason Leopold’s story on the permits is that Ali Alexander’s associates used some front organizations to hide that a series of permits were actually all for the Stop the Steal rally.

But Leopold also got one of those people fronting for Alexander, Nathan Martin, to confirm that no one ever used the stage set up in conjunction with the permit.

The One Nation Under God demonstration was scheduled to begin at 9 a.m. near Constitution Avenue NE and First Street. A stage, podium, and sound system were set up. But Martin said they were never used.

That’s important because of what Alex Jones told a group of more than 50 people (the limit on the permit obtained by a front for Alexander) to get them to go to the East side of the building, while Alexander was standing just a few feet behind him. The idea, per Jones, was that they would all go to the other side of the building where they had a stage and a permit so as to avoid any confrontation with the police. (h/t KarmaOneSixOne for alerting me to this video)

Listen to me. We’ve got a permit on the other side. It’s great that this happened, but they’re, Trump’s not going to come if they’re taking this over. We’re not Antifa, we’re not BLM. You’re amazing, I love you. Let’s march around to the other side. Let’s not fight the police and give the system what they want. We are peaceful, we won this election, and much as I love seeing all the Trump flags flying over this, we need to not have the confrontation with the police, they’re going to make that the story. I’m going to march to the other side where we have a stage, where we can speak, and occupy peacefully. Tell everybody behind you. March to the other side. March to the other side.

[Surround the Capitol!]

You guys are great. But the police — provocateurs have caused a problem.

These are the comments that got people like John and Stacie Getsinger to go to the East side of the Capitol, leading them to believe that if they followed Jones, they would get to hear Trump speak again.

Only, Jones didn’t go to the permitted stage. Instead, he walked right up the East steps, stack-style, with boom mikes and people chanting QAnon slogans around him. Some of the Oath Keepers were already waiting, Jones’ former employee Biggs was either there or on his way, and shortly after Biggs arrived, someone would come from inside and open those doors, only to have a Stack ready to help push through and keep those doors open. (h/t @gal_suburban who shared this video)

Right in the Stack with Jones was Alexander, the guy who had used several front organizations to obtain a permit for a stage where he could have legally protested but, in doing so, would have assembled the crowd some distance away from the Capitol rather than right at its doors.

The stage and the permit were the excuse that Jones used to move a mob to the East side of the Capitol.

But the East stairs are where he led them.

The FBI’s Proud Boy Informant Showed Up Late

The Proud Boys charged with the most serious assaults on January 6 — including (at a minimum) Dan “Milkshake” Scott and Christopher Worrell — are not charged with conspiracy, though both could easily have been included as co-conspirators. Nor is Ryan Samsel, who is not known to be a Proud Boy but spoke to Joe Biggs just before he kicked off the entire riot by allegedly knocking over a cop and giving her a concussion (this may change, especially since, after a long delay, DOJ charged Samsel individually in an indictment that, either via the assignment wheel or because it was identified as a case related to the Proud Boys leadership indictment, got assigned to Judge Tim Kelly). While Dominic Pezzola is charged with assault for stealing the riot shield he used to break into the Capitol and Billy Chrestman is charged with threatening to assault a cop, their co-defendants are not implicated in those assaults, except insofar as they are overt acts in a conspiracy.

That’s why I find this detail from NYT’s blockbuster report on what a Proud Boy informant who showed up late to the January 6 riot and then entered the Capitol has told the FBI about the investigation rather interesting.

At the same time, the new information is likely to complicate the government’s efforts to prove the high-profile conspiracy charges it has brought against several members of the Proud Boys.

On Jan. 6, and for months after, the records show, the informant, who was affiliated with a Midwest chapter of the Proud Boys, denied that the group intended to use violence that day.

[snip]

On the eve of the attack, the records show, the informant said that the group had no plans to engage in violence the next day except to defend itself from potential assaults from leftist activists — a narrative the Proud Boys have often used to excuse their own violent behavior.

The government has never accused the Proud Boy conspirators of planning to use violence themselves, though there is evidence they knew their incitement could spark violence among “normies.” There’s even evidence that Ethan Nordean tried to rein in one attack (though only after he had presumably witnessed other assaults on cops).

That is, that claim is utterly irrelevant to the government’s conspiracy cases against the Proud Boys.

And yet the NYT offered it as one reason this informant’s report might, “complicate the government’s efforts to prove the high-profile conspiracy charges it has brought against several members of the Proud Boys.”

To be sure, there is one way this informant might undermine the existing conspiracy charges.

The informant’s interview reports affirmatively claim that he knew of no plans to storm the Capitol, nor did he hear any talk of the electoral college certification in his travels that day.

In lengthy interviews, the records say, he also denied that the extremist organization planned in advance to storm the Capitol.

[snip]

But statements from the informant appear to counter the government’s assertion that the Proud Boys organized for an offensive assault on the Capitol intended to stop the peaceful transition from Mr. Trump to Mr. Biden.

On the eve of the attack, the records show, the informant said that the group had no plans to engage in violence the next day except to defend itself from potential assaults from leftist activists — a narrative the Proud Boys have often used to excuse their own violent behavior.

Then, during an interview in April, the informant again told his handlers that Proud Boys leaders gave explicit orders to maintain a defensive posture on Jan. 6. At another point in the interview, he said that he never heard any discussion that day about stopping the Electoral College process.

The records show that, after driving to Washington and checking into an Airbnb in Virginia on Jan. 5, the informant spent most of Jan. 6 with other Proud Boys, including some who have been charged in the attack. While the informant mentioned seeing Proud Boys leaders that day, like Ethan Nordean, who has also been charged, there is no indication that he was directly involved with any Proud Boys in leadership positions.

In a detailed account of his activities contained in the records, the informant, who was part of a group chat of other Proud Boys, described meeting up with scores of men from chapters around the country at 10 a.m. on Jan. 6 at the Washington Monument and eventually marching to the Capitol. He said that when he arrived, throngs of people were already streaming past the first barrier outside the building, which, he later learned, was taken down by one of his Proud Boy acquaintances and a young woman with him. [my emphasis]

This guy’s testimony absolutely poses a challenge to prosecutors prosecuting the Proud Boys this guy was actually interacting with.

That said, the NYT does not say whether he was interacting with those charged with conspiracy or even obstruction (still-active Proud Boys, like Jeremy Grace, have been charged only with trespassing). Even if he was interacting with people charged with conspiracy, the fact that he showed up late and (claimed that he) did not know that some of his own acquaintances were going to breach the barriers until after the fact would, at most, show that he wasn’t privy to the plans of lower level cells.

But the way in which DOJ has charged the Proud Boy side of the conspiracies is with one leadership conspiracy, and four subconspiracies that are effectively cells that allegedly worked together to achieve smaller objectives: to breach the West door, to breach the North door, and to keep the Visitor Center gates open (the NYT misses one of the charged Proud Boy conspiracies, against the Klein brothers, for opening a North door to the building, which has acquired more tactical import with the charging of Ben Martin).

Two main things matter to the viability of the larger Proud Boys conspiracy: First, whether the four charged in the leadership conspiracy did have an advance plan. And second, whether their conspiracy interlocks with the Dominic Pezzola conspiracy that ended up breaching the front door of the Capitol and with it exposed Pezzola, his co-conspirators, and by association, the Proud Boy leaders to terrorism enhancements.

The second point is one that the Proud Boy leaders are contesting aggressively. We have yet to see evidence proving a tie between those two conspiracies. But we also have yet to see any evidence from the December rally at which the ties to Pezzola appear to have been forged. Meanwhile, William Pepe is disclaiming knowing the others, suggesting a possible weakness in that conspiracy charge.

As to the first, what we’ve seen in public evidence is that, in the wake of the Enrique Tarrio arrest on January 4, the four leaders attempted to regroup, and then, on the night before the riot, Joe Biggs and Ethan Nordean met with unnamed people and finalized a plan in seeming coordination with Tarrio, and avoided speaking of it even on their limited leadership Telegram chat.

On January 4, when Tarrio arrived in DC for the riot, he was arrested for his attack on the Black Church in December, whereupon he was found with weapons that are unlawful in DC. In the wake of Tarrio’s arrest, Ethan Nordean was supposed to be in charge of the operation. But around 9:08PM the day before the riot (these texts reflect Nordean’s Washington state time zone, so add three hours), someone said he had not heard from Nordean in hours.

Minutes later, Biggs explained that “we just had a meeting w[i]th a lot of guys” and “info should be coming out.” While redacted in these texts, the superseding indictment describes that he also notes he had just spoken with Tarrio.

He further explained that he was with Nordean and “we have a plan.”

Biggs then says he gave Tarrio a plan.

Ethan Nordean may have been in charge on January 6. But Biggs seems to have been the one working most closely with Tarrio, through whom at least some of the inter-militia coordination worked.

There’s little question they had a plan to do something (and that that plan did not include attending the Trump rally which was the primary innocent reason for Trump supporters to show up to DC that day). The question is what kind of evidence DOJ has substantiating that plan, especially after claimed efforts to flip Zach Rehl collapsed. (Nordean has also said he’ll move to suppress these texts because his spouse consented to the breach of his phone, which led FBI to obtain them, but it’s likely the FBI has a second set of the texts in any case.)

But it also is likely the case that the place to look for that evidence is not with a low-level Proud Boy who showed up late to insurrection, but with the others with whom Nordean and Biggs were meeting the night before the riot. And there’s no indication that these people were all Proud Boys, and in fact good reason to suspect they weren’t.

In the weeks before the riot, Kelly Meggs repeatedly talked about a Florida-based intra-militia alliance.

In the days after both the DC even[t] and an event involving Stone in Florida, Oath Keeper Kelly Meggs claimed he organized a Florida-based “alliance” between the Oath Keepers, Proud Boys, and 3%ers.

On Christmas Eve, Meggs specifically tied protection at the January rally, probably of Stone, and coordination with a Proud Boy, almost certainly Tarrio, in the same text.

And in the days after, the Southern California 3%ers laid out a Stop the Steal affiliated plan to surround the Capitol.

Spread the word to other CALIFORNIA Patriots to join us as we March into the Capitol Jan 6. The Plan right now is to meet up at two occasions and locations: 1. Jan 5th 2pm at the Supreme Court steps for a rally. (Myself, Alan, [and others] will be speaking) 2. Jan 6th early 7am meet in front of the Kimpton George Hotel…we will leave at 7:30am sharp and March (15 mins) to the Capital [sic] to meet up with the stop the steal organization and surround the capital. [sic] There will be speakers there and we will be part of the large effort for the “Wild Rally” that Trump has asked us all to be part of. [my emphasis]

Not only is this what happened on January 6, but Joe Biggs seemed to know that key Stop the Steal figures, including his former employer Alex Jones, would open up a second front of this attack and arrived to take part in it, entering the Capitol a second time virtually in tandem with the Meggs-led Stack.

This is one reason I keep presenting all these conspiracies together: because there’s good reason the Proud Boy conspiracies don’t just intersect with each other, but that the Proud Boy conspiracies intersect, in the person of Joe Biggs and others, with each other.

There are many reasons that the report of an FBI handler not understanding that his or her Proud Boy informant was describing the breach of the Capitol as it happened is important.

After meeting his fellow Proud Boys at the Washington Monument that morning, the informant described his path to the Capitol grounds where he saw barriers knocked down and Trump supporters streaming into the building, the records show. At one point, his handler appeared not to grasp that the building had been breached, the records show, and asked the informant to keep him in the loop — especially if there was any violence.

But, except to limited degree to which his testimony affects the case against the Proud Boys with whom he actually interacted, this report primarily provides yet more proof that the FBI, trained by Billy Barr not to investigate any subjects Trump claimed as his own tribe, had no conception of what they were looking at on January 6, not even as the Proud Boys led an attack on the Capitol.

The government has not yet publicly shown all of its evidence that the Proud Boy leaders, alone or in concert with other militias and Stop the Steal organizers, had a plan to attack the Capitol on January 6. Unless something disrupts the case, we won’t see that until next summer.

But one thing we know from the available evidence is that low-level Proud Boys who showed up late to insurrection are not the place to look for that plan.

How the FBI Missed Alleged January 6 Leader Joe Biggs

Let’s talk about how central Joe Biggs is to what we know of the implementation of January 6.

It explains a lot that — at least according to a claim Biggs himself made — two FBI agents were relying on him for information against Antifa in the lead-up to the terrorist attack.

By late 2018, Biggs also started to get “cautionary” phone calls from FBI agents located in Jacksonville and Daytona Beach inquiring about what Biggs meant by something politically or culturally provocative he had said on the air or on social media concerning a national issue, political parties, the Proud Boys, Antifa or other groups. Biggs regularly satisfied FBI personnel with his answers. He also stayed in touch with a number of FBI agents in and out of Florida. In late July 2020, an FBI Special Agent out of the Daytona Beach area telephoned Biggs and asked Biggs to meet with him and another FBI agent at a local restaurant. Biggs agreed. Biggs learned after he travelled to the restaurant that the purpose of the meeting was to determine if Biggs could share information about Antifa networks operating in Florida and elsewhere. They wanted to know what Biggs was “seeing on the ground.” Biggs did have information about Antifa in Florida and Antifa networks in other parts of the United States. He agreed to share the information. The three met for approximately two hours. After the meeting, Biggs stayed in touch with the agent who had called him originally to set up the meeting. He answered follow-up questions in a series of several phone calls over the next few weeks. They spoke often.

I don’t mean they were complicit. Rather, that they weren’t even aware that he was in the middle of plans to conduct a terrorist attack on the nation’s Capitol is a testament to and perhaps an explanation for how the FBI missed all this.

Joe Biggs is a former Army Staff Sergeant who did tours of duty in Iraq and Afghanistan before he left with a medical discharge and PTSD. After some troubled years, he started contributing to InfoWars, serving as a key proponent of the PizzaGate scandal that turned John Podesta emails stolen by Russia into an attack on a pizza restaurant in DC; he was formally ousted from InfoWars shortly after the Comet Ping Pong attack, but remained in the InfoWars orbit. Alex Jones claims he gave Biggs a big severance when he left. After that, Biggs was a key proponent of the Seth Rich conspiracy, posting the manufactured FBI Report that served as a basis for the Fox News story that had to be retracted.

According to one of Biggs’ own court filings, after he moved to Florida to take care of his mother in 2018, he contributed the same propaganda skills that fostered an attack on Comet Ping Pong and falsely impugned a murdered DNC staffer to the Proud Boys, ginning up events to sow violence in the name of Antifa.

The same year, 2018, after the move to Florida, Biggs became active as an organizer, event planner and thought leader in the Proud Boys. He used his platform as a radio and social media personality to promote Proud Boy events and ideas. In particular, he personally planned two major events: rallies in Portland, Oregon in both 2019 and 2020 designed as counterdemonstrations against Antifa, which had been active in and around Portland for over two decades.

His presence in Florida put him in close proximity to Enrique Tarrio and (as if his ties to InfoWars didn’t already do so) through him Roger Stone.

When Trump called out the Proud Boys in his first debate against Joe Biden, Biggs responded, “President Trump told the proud boys to stand by because someone needs to deal with ANTIFA . . . well sir! we’re ready!!” (Note, this hasn’t shown up in DOJ filings.)

Immediately after and in the weeks after the election, Biggs kept declaring war. “It’s time for fucking War if they steal this shit.” “No bitch. This is war.” ““This is a war on Americanism. This is only the beginning.”

On December 11, the Proud Boys (at least Enrique Tarrio and Ethan Nordean) appeared prominently at a Stop the Steal event with InfoWars personality Owen Shroyer. There was coordination between the militias at a march the following day, after which Enrique Tarrio destroyed a Black Lives Matter banner from the Asbury United Methodist Church in DC.

In the days after both the DC even and an event involving Stone in Florida, Oath Keeper Kelly Meggs claimed he organized a Florida-based “alliance” between the Oath Keepers, Proud Boys, and 3%ers.

On Christmas Eve, Meggs specifically tied protection at the January rally, probably of Stone, and coordination with a Proud Boy, almost certainly Tarrio, in the same text.

In the days after, both Tarrio and Biggs posted plans to dress like Antifa rather than in their signature yellow and black.

9. For example, on December 29, 2020, Tarrio posted a message on the social media site Parler1 about the demonstration planned for January 6, 2021. Among other things, Tarrio announced that the Proud Boys would “turn out in record numbers on Jan 6th but this time with a twist… We will not be wearing our traditional Black and Yellow. We will be incognito and we will be spread across downtown DC in smaller teams. And who knows….we might dress in all BLACK for the occasion.” I believe the statement about dressing in “all BLACK” is a reference to dressing like the group known as “Antifa,” who the Proud Boys have identified as an enemy of their movement and are often depicted in the media wearing all black to demonstrations.

10. On or around the same day, BIGGS posted a similar message to his followers on Parler in which he stated, among other things, “we will not be attending DC in colors. We will be blending in as one of you. You won’t see us. You’ll even think we are you . . .We are going to smell like you, move like you, and look like you. The only thing we’ll do that’s us is think like us! Jan 6th is gonna be epic.” I understand that BIGGS was directing these statements at “Antifa.”

On December 30, Southern California 3%er Russell Taylor described a plan to meet at the Capitol and — in conjunction with Stop the Steal — surround the Capitol.

Spread the word to other CALIFORNIA Patriots to join us as we March into the Capitol Jan 6. The Plan right now is to meet up at two occasions and locations: 1. Jan 5th 2pm at the Supreme Court steps for a rally. (Myself, Alan, [and others] will be speaking) 2. Jan 6th early 7am meet in front of the Kimpton George Hotel…we will leave at 7:30am sharp and March (15 mins) to the Capital [sic] to meet up with the stop the steal organization and surround the capital. [sic] There will be speakers there and we will be part of the large effort for the “Wild Rally” that Trump has asked us all to be part of. [my emphasis]

This plan — surrounding the Capitol — was what Stop the Steal figures partially carried out on January 6.

On January 4, when Tarrio arrived in DC for the riot, he was arrested for his attack on the Black Church in December, whereupon he was found with weapons that are unlawful in DC. In the wake of Tarrio’s arrest, Ethan Nordean was supposed to be in charge of the operation. But around 9:08PM the day before the riot (these texts reflect Nordean’s Washington state time zone, so add three hours), someone said he had not heard from Nordean in hours.

Minutes later, Biggs explained that “we just had a meeting w[i]th a lot of guys” and “info should be coming out.” While redacted in these texts, the superseding indictment describes that he also notes he had just spoken with Tarrio.

 

He further explained that he was with Nordean and “we have a plan.”

Biggs then says he gave Tarrio a plan.

Ethan Nordean may have been in charge on January 6. But Biggs seems to have been the one working most closely with Tarrio, through whom at least some of the inter-militia coordination worked.

After all that, the Proud Boy leaders agree to meet at 10AM the next day.

As captured by the WSJ, the next day, after the Proud Boys met at the Washington Monument, they then marched the East side of the Capitol first, but then later approach it from the Northwest. Just before Trump started speaking and before a broader call to assembly tied to 1PM, at 12:52 Biggs said something to Ryan Samsel, who then kicked off the assault on a series of barricades, giving a police officer a brain injury in the process.

Proud Boys Dominic Pezzola and Billy Chrestman were among the leaders of the next confrontation. After a series of fights, at 2:13, Dominic Pezzola broke through a window in the Capitol. Biggs followed him, with some other Proud Boys (in this picture, Paul Rae) in tow, a minute later.

Meanwhile, even as Biggs was leading a mob of people in a violent attack on the Capitol, Alex Jones — Biggs’ former employer — was leading a larger mob of people from the Ellipse, where they had just been instructed by their President that “we’re going to the Capitol, and we’re going to try and give…we’re going to try and give our Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to try and give them the kind of pride and boldness that they need to take back our country.” Jones stopped when he got to the Capitol and gave a speech.

According to Stacie Getsinger, a woman from South Carolina who was arrested for trespassing in June who was listening to Jones at that first speech, Jones told his audience to go to the other side of the building (which would be the East side), because that’s where Trump’s next speech would be.

She and her husband did. Trump gave no speech, but they were among the first wave of people to breach the East entrance.

Alex Jones went to the other side of the Capitol, too. Even before he did, though, Oath Keeper Jason Dolan was on the stairs, waiting.

As Dolan waited, Jones and his entourage (including Ali Alexander and the recently arrested Owen Shroyer) pushed up the stairs stack-style.

Meanwhile, at some point, former InfoWars employee and Florida militia member reportedly joined in an alliance with the Oath Keepers by fellow Floridian Meggs, Biggs left the Capitol from one of the West entrances, walked around it, and assembled on the East Steps with Arthur Jackman, Rae, and two others (probably Kevin and Nathan Tuck, and possibly Edward George; the Tucks are both — now former — cops, and Jackman’s and one of the Tucks’ spouses still are cops).

At 2:39, Rae and Jackman can be seen approaching the East Door with Biggs.

At around 2:40, they entered the East door.

At almost exactly the same time, Jason Dolan and Kenneth Harrelson entered the door along with the Oath Keeper stack led by Kelly Meggs (this is believed to be a picture Harrelson took of Dolan filming the entry; if you watch the video you can see both signs visible in the Biggs photo, making it clear that the people kitted out with helmets in that picture are the Stack).

People like the Getsingers — who were brought there by Alex Jones — pushed through around the same time.

Something brought Joe Biggs, Florida Oath Keepers Kenneth Harrelson and Jason Dolan, along with former Biggs employer Alex Jones to the top of the East steps, along with the mob that Jones brought on false pretenses. Shortly thereafter, Florida Oath Keeper head Kelly Meggs would bring a stack of Oath Keepers through the same door and — evidence suggests — in search of Nancy Pelosi, whom Meggs had talked about killing on election day.

Joe Biggs kicked off the riot on the West side of the building.

Then he went over to the East side to join his former employer Alex Jones and a bunch of Oath Keepers, led by fellow Floridians, to lead a mob back into the Capitol.

West side. Joe Biggs. East side. Joe Biggs.

This is the guy a couple of FBI Agents in Daytona believed was a credible informant against Antifa.

[Thanks to Benny Bryant for continuing to help me sort through the Oath Keeper side of this, and thanks to gal_suburban for sharing the video of Jones on the East side.]

Zia Faruqui Doesn’t Want to be DOJ’s Fall-Guy for Media Policy Secrecy

As I noted, on Friday, InfoWars personality Owen Shroyer was charged — at this point, with just trespassing — in the January 6 insurrection. But as I also noted that his affidavit, “is interesting because it clearly lays out evidence — at a minimum! — that he could be charged with obstruction because he specifically talked about obstructing the vote certification on January 5.” As a general practice, the government has arrested many non-violent January 6 defendants on trespassing charges and then fleshed out any further charges afterwards (in part, because that maximizes the opportunity to get people to cooperate).

Tuesday, some documents were unsealed that reveal I’m not the only one who thinks so. So, apparently, does Zia Faruqui, one of three DC Magistrate judges dealing with all the January 6 cases as they come in (and, of note, until last year an Assistant US Attorney in the DC US Attorney’s Office).

Faruqui attempts to hold the government to public record standards

We know what Faruqui thinks because he has been trying to force the government to treat court records as the public documents they’re supposed to be, as he did here.

Not long after he became a Magistrate judge, Faruqui got stuck with government requests to collect journalists’ communications that were predictably controversial when they were disclosed. In an order issued in July, Faruqui scolded the government for suggesting they could seal the records request (along with its tactically unique approach to getting journalists’ records) indefinitely.

A sealed matter is not generally, as the government persists in imagining, “nailed into a nondescript crate, stored deep in a sprawling, uncataloged warehouse.” Leopold, 964 F. 3d at 1133 (citing RAIDERS OF THE LOST ARK (Lucasfilm Ltd. 1981)). Rather, it is merely frozen in carbonite, awaiting its eventual thawing. Cf. THE EMPIRE STRIKES BACK (Lucasfilm Ltd. 1980)

As Faruqui describes it in an order drafted last week along with the arrest warrant for Shroyer, but not released until yesterday, the government was trying to do the same with Shroyer’s arrest warrant. When the government asked for the arrest warrant, he asked if they would memorialize their basis for finding that Shroyer’s arrest met DOJ’s media guidelines. Magistrate Judge Michael Harvey forced the FBI agent to include language addressing the issue earlier this year in the arrest warrant for Matthew Purse; in that case, the Agent simply included language explaining how he had determined that Purse was not a member of the media.

But, as Faruqui describes it in his order, in Shroyer’s case, the government was unwilling to assert that they had followed their media guidelines with Shroyer in the affidavit, much less explain their thinking surrounding it.

On August 19, 2021, the undersigned had a telephone conference with representatives of the USAO regarding the Complaint. The undersigned inquired as to whether:

  • the Department of Justice considered Shroyer to be a member of the media;
  • the USAO had complied with Department of Justice policies regarding the arrest of media members; and
  • the Assistant U.S. Attorneys would memorialize the answers to these two questions in the Complaint, consistent with their prior practice.

The USAO represented that it had followed its internal guidelines but was unwilling to memorialize that or explain the bases for its determinations

Afterwards, Faruqui sent a draft of his order to USAO (that is, to his former colleagues). One of his former supervisors, John Crabb, wrote back and said that DOJ doesn’t have to share this because it would reveal internal deliberations.

[A] requirement to proffer to the Court how and on what basis the Executive Branch has made determinations under these internal Department policies would be inconsistent with the appropriate role of the Court with respect to such policies and would risk disclosing internal privileged deliberations. Moreover, such inquiries could risk impeding frank and thoughtful internal deliberations within the Department about how best to ensure compliance with these enhanced protections for Members of the News Media.

Crabb further explained that the Shroyer case is distinguishable from the Purse case.

As the Court notes, Addendum Order at 7-8, this Office has conferred on previous occasions with the Court regarding certain aspects of the Department’s media polices. In the main, those situations are distinguishable; and, in any event, the government is not bound by those prior actions.

Probably, this situation is distinguishable because Purse was affirmatively shown not to be media. Shroyer clearly is, in some sense. Under DOJ’s media guidelines (assuming they’re not using the exception for a suspected foreign agent), that leaves two possibilities. Either they deemed some of the things for which Shroyer got arrested to be outside his newsgathering role. And/or they determined he had committed a crime in the course of his newsgathering activities, the equivalent of hacking to obtain source materials for journalism.

DOJ’s reliance on the Deferred Prosecution Agreement, including Shroyer’s failure to even begin paying off his community service debt before January 6, provided DOJ with an easy way to publicly establish a crime largely independent of his actions on January 6, which is one of the reasons I was so interested in how they had arrested him.

Faruqui’s probable cause determination

But Faruqui’s order may hint at what DOJ is really thinking.

Faruqui’s order is organized this way:

I. Introduction, explaining why he’s writing this order.

A. Events of January 6th, explaining the content of Shroyer’s propaganda (including propaganda from before he trespassed on January 6)

B. Prior Criminal Conduct, explaining Shroyer’s past disruption charge and his DPA

C. Statutory Violations, explaining the basis for the two misdemeanors Shroyer was charged with

D. Inquiry of the Court, explaining that Faruqui tried to make DOJ go on the record for how this complied with their media guidelines

II. Standard, explaining the reasons for treating the press with sensitivity and laying out the parts of the media guidelines that focus on protecting newsgathering

III. Analysis, describing how on two earlier occasions DOJ had provided more on the record than they had here, but were unwilling to do so here, then restating Shroyer’s actions

IV. Conclusion, finding that even a credentialed journalist committing the same actions Shroyer had would have reached probable cause for a crime but also finding that DOJ gave an unsatisfactory answer about how it applied its media guidelines [my emphasis]

It’s the last bit — the end of Section III and the short Section IV — I’m most interested in. In one paragraph, Faruqui explains that DOJ said something to him (presumably before he approved the warrant on the 19th) confirming they had followed the media guidelines, but were unwilling to put that they had done so or what their analysis was in writing. That’s what led him to draft this order and ask again for them to put it in writing.

Yet here the government is unwilling to address its compliance with its internal regulations regarding the press. When questioned by the Court, the USAO’srepresentatives respectfully stated that they had followed such guidelines but would not formally state this in their pleadings; nor would they memorialize the reasons underlying their determination that Shroyer was not “a member of the news media” who had committed the instant offenses “in the course of, or arising out of, newsgathering activities.” 28 C.F.R. § 50.10(f)(2). The events of January 6th were an attack on the foundation of our democracy. But this does not relieve the Department of Justice from following its own guidelines, written to preserve the very same democracy.

The next paragraph restates Shroyer’s alleged crime, but combines stuff that appears in sections I.A. and I.C., above, which results in a description of alleged crimes that go well beyond trespassing (though Faruqui does review how Shroyer knew he couldn’t “engage in disruptive and riotous behavior” at the Capitol).

Shroyer’s January 2020 arrest gave him clear notice that he could not engage in disruptive and riotous behavior at the Capitol Building and Grounds. Yet beginning on January 5, 2021, Shroyer began urging others to join him in protest at the Capitol Building and Grounds premised on the false claim that the election was “stolen.” Statement of Facts at 3. This conduct continued on January 6, 2021, when Shroyer made additional statements urging on the mob and personally entering the restricted area of the Capitol building in brazen defiance of his DPA. See Statement of Facts at 4–6. His stated goal was clear: to stop former Vice President Pence from certifying the election by “tak[ing] the Capitol grounds”. Id. at 6. Shroyer described his personal role in the riot: “We literally own these streets right now.” Id. at 6. On January 6th, Shroyer was “aid[ing], conspir[ing] with, plan[ning], or coordinat[ing] riotous actions.” United States v. Munchel, 991 F.3d 1273, 1284 (D.C. Cir. 2021).

In the bolded language, Faruqui describes obstruction as it is being charged in January 6. He then purports to cite from Munchel, the DC Circuit decision that DC judges have used to separate those who assaulted cops and those who masterminded the attack from those who pose less of a threat going forward. Only the quote doesn’t appear in the opinion, not even in other grammatical form. Faruqui’s citations should end before (or bracket) the word “riotous.” Here’s how the passage appears in Munchel:

In our view, those who actually assaulted police officers and broke through windows, doors, and barricades, and those who aided, conspired with, planned, or coordinated such actions, are in a different category of dangerousness than those who cheered on the violence or entered the Capitol after others cleared the way.

This is, as I noted, the language that District judges have used since Munchel in justifying detaining people. Faruqui is seemingly saying that Shroyer did things — and this language has primarily been used with militia leadership — that have gotten other people detained. Effectively, Faruqui has suggested that Shroyer is, like Kelly Meggs and Joe Biggs, one of the key leaders in this attack.

After having likened Shroyer to the likes of Meggs and Biggs, then, Faruqui says (in the conclusory section) that there is probable cause that Shroyer committed the crimes he has just described.

The undersigned finds there was probable cause to believe Shroyer committed the above-described violations.

Coming immediately after the sentence likening Shroyer to Meggs and Biggs, this language might not refer solely to the trespass charges approved in the warrant, but also to the broader language Faruqui used, encompassing obstruction and conspiracy.

And indeed, the affidavit does substantiate (at least) obstruction charges, even if it doesn’t include that among the charges (as I noted before all these documents were unsealed).

Who is making this case — Faruqui or DOJ?

As noted above: according to Faruqui’s order, it’s not that the government didn’t say whether it had adhered to its media guidelines. He explicitly says that they did.

The USAO represented that it had followed its internal guidelines but was unwilling to memorialize that or explain the bases for its determinations.

[snip]

When questioned by the Court, the USAO’s representatives respectfully stated that they had followed such guidelines but would not formally state this in their pleadings; nor would they memorialize the reasons underlying their determination that Shroyer was not “a member of the news media” who had committed the instant offenses “in the course of, or arising out of, newsgathering activities.” [my emphasis]

Rather, DOJ refused to put that it had in writing.

Which makes it unclear whether this extrapolation from Shroyer’s arrest affidavit, from the details that substantiate the two trespassing charges in it to the details that could not have any role in a trespassing charge but which show that Shroyer pre-meditated an attempt to stop the vote count, is Faruqui’s own extrapolation or something he heard in his discussions with DOJ last week, the things they’re not willing to put into writing.

Contrary to some analysis of this order, it is not a prospective order for anything — Faruqui had already approved the arrest warrant when he issued it. Nor is Faruqui saying that he doesn’t know if DOJ considers Shroyer a journalist (though he’s more oblique on that point than he is on others).

Rather, the reason he wrote this order was to memorialize what he understands, from conversations he had with DOJ, went on.

The Court issues this addendum opinion to ensure that the record accurately reflects: 1) the conversations between the Court and the Department of Justice; and 2) the Department’s break with its prior practice of confirming its adherence to these regulations.

[snip]

The Court issues this addendum opinion in response to the USAO’s break with prior practice, and to ensure that the judicial record accurately reflects: 1) the conversations between the Court and the USAO; and 2) the undersigned’s understanding of the steps taken by the Department to comply with 28 C.F.R. § 50.10.

What Faruqui doesn’t say, though, is where in this opinion DOJ’s representations (at a minimum, that they did, in fact, follow media guidelines) end and where his own analysis begins. That is, we don’t know whether the analysis that implies Shroyer is one of the key planners of this operation, just like Biggs and Meggs, is Faruqui’s analysis or what DOJ explained, verbally but not in writing, when they explained that they had complied with media guidelines.

Update: DOJ has unsealed an Information charging Shroyer just with trespassing.

The *How* of Owen Shroyer’s Arrest

About an hour after I wrote this in my post on the problems with a Reuters article about the January 6 investigation…

Because of the other problems with this article, I don’t know what to make of the single piece of news in it. As noted above, a former senior law enforcement official claims that, “there was no grand scheme with Roger Stone and Alex Jones and all of these people to storm the Capitol and take hostages.” That makes sense with respect to Alex Jones; his videographer was arrested long ago and remains charged only with trespass.

Zoe Tillman first reported that InfoWars’ Owen Shroyer had been charged. A picture from the affidavit shows Shroyer on stage with Alex Jones and (though he’s harder to see) Ali Alexander, a key organizer for the events underlying the riot. Jones and Alexander were critically responsible for bringing the crowd first to DC and then to the Capitol, and Jones also allegedly paid for some of the rally (at a time when his show was in real financial trouble).

How DOJ charged Shroyer — at this point, just for trespassing charges — is as interesting that they did.

Shroyer is not alleged to have gone into the Capitol. The closest the affidavit places him is on the East side steps, right behind Jones and (I believe) with Alexander right in front of Jones.

The inclusion of this picture reminds me of how often Oath Keepers filings talk about the others who were also on the East side at the time they breached the Capitol.

Not entering the Capitol is not itself a bar on charges. After all, Couy Griffin was charged for his presence on the West steps, charges that Trevor McFadden didn’t throw out when he had a chance.

But Shroyer is a media personality with a claim to being a journalist. So DOJ offers more to justify it.

As the affidavit lays out, back during Impeachment 1.0 on December 9, 2019, Shroyer got himself arrested for accusing Jerry Nadler of treason.

He wasn’t charged for that until January 17, 2020, and so didn’t resolve the case with a Deferred Prosecution Agreement until February 25, 2020. What happened with Shroyer is what other January 6 defendants claim should have happened to them: misdemeanor charges in DC Superior Court, followed by a deferral.

As part of Shroyer’s DPA, he was required to do 32 hours — just four days! — of community service. He seems to have fiddled around with what entity he was going to do service with, but at one point he claimed he was going to do it with the Sinai Pentecostal Church’s Reverend Samuel Montoya, who also happens to be the father of InfoWars’ videographer, who himself got arrested in April.

Which is another way of saying that Shroyer was dicking around with the meager community service he was required to do as part of his DPA.

The other part of Shroyer’s DPA, aside from the community service he was clearly dodging, was a requirement that he not similarly engage in such disorderly conduct again at the “Capitol,” which was defined by a map that Shroyer signed, which actually may be broader than the protected space that DOJ is charging in the January 6 cases (and so easily encompasses the stage on which Shroyer appeared with Alex Jones).

Due to the nature of the offense, the DPA included the following special conditions for SHROYER:

1. The defendant agrees not to utter loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds or within any of the Capitol Buildings with intent to impede, disrupt, or disturb the orderly conduct of any session of the Congress or either House thereof, or the orderly conduct within any such building of any hearing before, or any deliberations of, any committee or subcommittee of the Congress or either House thereof.

2. The defendant agrees not to parade, demonstrate, or picket within any of the Capitol Buildings. 3. The term “Capitol Buildings” means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all subways and enclosed passages connecting 2 or more of such structures, and the real property underlying and enclosed by any such structure.

In addition, the term “United States Capitol Grounds” was defined to include an area delineated in a map attached to the DPA spanning the Capitol grounds from 3rd Street NW on the west side of the Capitol building, to 2nd Street SE on the east side of the Capitol building (see Exhibit A). SHROYER and his attorney each signed an Acceptance and Attorney’s Acknowledgement, respectively, for the DPA. As a result of the DPA, SHROYER had special knowledge of what areas in Washington, D.C. in and around the U.S. Capitol constituted the U.S. Capitol Grounds. [my emphasis]

In other words, whereas the thousands of other people participating in the January 6 riot might believe they’d only get into trouble if they walked in the building, Shroyer had notice that the protected grounds were broader than that. And he not only may have been subject to a broader protected grounds than those other thousands of people, but it was a violation of his DPA to do it.

Plus, the government claims he played fast and loose with his community service, which meant that even though his crime was committed on December 9, 2019, his DPA remained in place until … well, it’s still in place because Shroyer did only 30 hours, rather than 32 hours, of community service, but it certainly was in place on January 6, because he had done none of his community service at that point.

As of January 6, 2021, the DPA remained in effect. SHROYER had not completed, nor reported the completion of, any of the 32 hours of community service as required pursuant to the DPA. On February 5, 2021, counsel for SHROYER emailed the Government to report that SHROYER allegedly “has completed his 32 hours of community service.” An attached log provided by SHROYER’s counsel reported that SHROYER, in fact, performed only 30 hours of community service beginning on January 19, 2021 through February 4, 2021. Thus, as of January 6, 2021, SHROYER had not completed any hours of community service as required by the DPA, and as of February 5, 2021, his community service obligation remained incomplete.

The rest of this arrest affidavit is gratuitous, a speaking document to nod to where they might go with him. After all, Shroyer was uniquely prohibited from entering the grounds and being an asshole on January 6. That’s all the government would need to charge him.

But the rest is interesting because it clearly lays out evidence — at a minimum! — that he could be charged with obstruction because he specifically talked about obstructing the vote certification on January 5.

SHROYER traveled to Washington, D.C. in January 2021, and in advance of January 6, 2021, spoke of stopping the certification of the Electoral College vote. In a video1 posted to the Infowars website on January 5, 2021, SHROYER gave an address in Freedom Plaza in Washington D.C., during which he stated: “Americans are ready to fight. We’re not exactly sure what that’s going to look like perhaps in a couple of weeks if we can’t stop this certification of the fraudulent election . . . we are the new revolution! We are going to restore and we are going to save the republic!”

In another video2 posted to the Infowars website on January 5, 2021, SHROYER called into an Infowars live broadcast and said: “what I’m afraid of is if we do not get this false certification of Biden stopped this week. I’m afraid of what this means for the rest of the month . . . Everybody knows election was stolen . . . are we just going to sit here and become activists for 4 years or are going to actually do something about this . . . whatever that cause or course of cause may be?”3

That is, this is where these charges could go, once they arrest Shroyer and maybe even search his phone. They’re not charging it here — and Shroyer was legally entitled to be an asshole at Freedom Plaza on January 5, as opposed to the Capitol. But they’re making it clear where they could go.

I suspect they hoped to arrest Shroyer at a status hearing scheduled for today, but he didn’t show.

Shroyer was supposed to appear in DC Superior Court on Friday for a hearing to update the judge on the status of his case, but he did not show up, according to the docket. The prosecutor didn’t ask for a bench warrant to arrest him for failing to appear, and the judge set another hearing for Sept. 23. A lawyer listed as counsel for Shroyer said that was a mistake and he was not involved in the case.

Instead, he announced the charges on his InfoWars show, looking a hell of a lot more panicked than a well-funded white guy facing misdemeanor trespass charges should be, even as a recidivist.

This is just one of 580 arrest affidavits accusing someone of trespassing. But it certainly seems to be more than that.

Update: In my post on how one would prosecute Donald Trump, I noted that DOJ has been coy about what went down at a December 12 Stop the Steal rally, probably because (I mused) they haven’t included Enrique Tarrio in any of the conspiracy indictments. As Just Security reported back in February, Shroyer was part of that event, too.

In the video, Owen Shroyer, an Infowars personality, speaks to the crowd on a bullhorn. He is standing next to Tarrio. Shroyer hands Stone the bullhorn. Stone gives brief remarks standing beside Nordean, who appears to have his hand on Stone’s shoulder. “We will fight to the bitter end for an honest count of the 2020 election. Never give up, never quit, never surrender, and fight for America!” Stone tells the crowd. After his brief remarks, Stone passes the bullhorn back to Shroyer. Tarrio joins Stone and Nordean. Tarrio and Stone engage in an inaudible dialogue as Shroyer continues to rouse the crowd. “We got stabbed in the back by the Supreme Court tonight,” shouts Shroyer. “This was never their revolution. This is our revolution!”

Update: Apparently the stage on which Owen and Jones were is within what DOJ is treating as restricted area, but thus far has not arrested anyone for. I do believe it is the case, however, that Owen’s restricted area is larger than the one DOJ has used for January 6.

Update: Corrected that Reverend Montoya is the father of videographer Sam Montoya, per JK.

Mutually Assured Blackmail: Roger Stone Tries to Undercut Steve Bannon’s Power

Roger Stone is trying (thus far unsuccessfully) to pick a fight with Steve Bannon and the Mercers.

First, earlier in June on Alex Jones’ show, Roger Stone accused Bannon, among other things, of lying in his testimony against Stone and blackmailing Trump to get a pardon.

Stone: Let’s me very clear. Not only did Steve Bannon steal the name of my Infowars show with the great American Owen Shroyer, ‘The War Room,’ but he testified falsely at my trial against me. He was an informant for Robert Mueller. If you take his sworn testimony before the House Intelligence Committee, which was sealed at the time of my trial, and his testimony on the stand at my trial, he clearly perjured himself in my trial.

So right now, here, today, I am challenging Steve Bannon to come on Infowars and debate this, let’s have it out. Alex, you can moderate it, so it stays civil. But he needs to answer as to why he was working with Robert Mueller to destroy me and send me to prison. So there it is. The challenge, the gauntlet has been laid down, big Steve. Cmon, sloppy Steve. We can find a suit and tie for you that’s clean, I think. And you should come on Infowars and answer what I just said.

And by the way, all you little Bannon groupies who want to go on social media and challenge me? I wouldn’t suggest it. Because I will merely block you. Facts are facts. As the NYPost reported, and Jonathan Turley, the GWU law professor who read both transcripts and concluded, Bannon, clearly perjured himself at one place or the other. And since the entire question on which I was being tried was lying to the House Committee, you would think that it would be germane, it would be important. As Professor Turley pointed out, there were 40 lawyers in the room at the time that Bannon testified prior to my trial.

[Alex Jones agrees, asks why Stone has turned on Bannon, and Stone claims Bannon only testified against Stone because he was under investigation himself]

He should not be able to put himself forward as an advocate  for the America First agenda. Steve Bannon publicly accused the President of having Alzheimers, he said the Trump Organization was a criminal enterprise, he said that Trump would be prosecuted — I can do this almost verbatim. When the American people learn he’s not a billionaire, he’s just another scumbag.

[snip]

His defenders say, oh well that was two years ago. It doesn’t matter when it was. Steve Bannon called the President of the United States —

Jones: Well here’s the 64 Trillion dollar question. Why did Trump give him a pardon?

Stone: I think he was blackmailed. That’s what I think. That is my opinion.

More recently, Stone called on his groupies to stop using Parler and to “boycott these assholes,” the Mercers, generally.

Stone is absolutely right that Bannon perjured himself, though the record shows that he perjured himself before HPSCI, not the grand jury and Stone’s own trial. As I’ve noted, Bannon was basically reciting a White House script handed to him at that HPSCIi appearance. But over the course of multiple interviews with Mueller’s team, Bannon was slowly made to hew closer to the truth about Stone and other things, presumably because he was faced with more and more documents showing that his original story did not resemble the documentary record (HPSCI got none of these documents, which is how he was able to read directly from the White House script).

I’ll return to Stone’s war on the Mercers.

But given Stone’s claim that Bannon blackmailed Trump for a pardon, I want to look at a detail from Bannon’s October 26, 2018 interview with Mueller’s team that goes to the core of Stone’s own successful effort to blackmail Trump for, first, a commutation, and then a pardon.

Throughout his Mueller interviews, Bannon excused his coordination with Stone by explaining that the rat-fucker could fuck up your life if you didn’t placate him, and so he had no choice but to keep him happy. In the October 2018 interview, Bannon seemingly responds to a question about whether he and Trump talked about Stone with a weird chain of associations.

While BANNON was at Breitbart in 2013-2015, BANNON had a strong relationship with [redacted]. BANNON heard from [redacted] STONE was still talking to Trump and was an advisor. STONE subsequently made those statements to BANNON as well. BANNON was suspect and upset. BANNON believed you had to eep TRUMP “on program.” While BANNON was on the Trump Campaign he never heard any mention of STONE from TRUMP or anyone else on the campaign. After the win, STONE tried a full court press in order to get a meeting with TRUMP. [redacted] eventually set up a meeting with TRUMP and STONE in early December 2016 on the 26th floor of Trump Tower. TRUMP didn’t want to take the meeting with STONE. TRUMP told BANNON to be in the meeting and that after 5 minutes, if the meeting hadn’t concluded, to throw STONE out. STONE came in with a book he wrote and possibly had a folder and notes. [full sentence redacted] TRUMP didn’t say much to STONE beyond “Thanks, thanks a lot.”. To BANNON, this reinforced STONE [redacted] After five to six minutes, the meeting was over and STONE was out. STONE was [redacted] due to the fact that during the meeting TRUMP just stared. This reinforced what BANNON thought about STONE, that STONE was a [redacted]. BANNON never heard TRUMP talk about STONE. The 2010 conversation with TRUMP about STONE was the only time, to the best of BANNON’s recollection. BANNON never heard that STONE was talking to candidate TRUMP while BANNON was on the campaign. BANNON never asked then candidate TRUMP if he talked with STONE. Candidate TRUMP never could have talked to STONE, without BANNON knowing about it, and he had the opportunity to do so. BANNON was not aware of who TRUMP talked to in the evenings and they could have had a phone call. BANNON was not aware of who TRUMP was talking to in the evening, but he was definitely talking to people. BANNON did not have visibility into that. TRUMP was not shy about throwing names out of people he had talked to, and he never said STONE.

What appears to be entirely an expression of Bannon’s stream-of-consciousness in response to a question about whether he knew of Stone communicating with Trump during the campaign goes like this:

  • The only time Trump ever raised Roger Stone was in 2010, during his earlier dalliance with running for President
  • Bannon was upset to learn of Stone’s involvement in Trump’s 2016 run (even though Bannon was perfectly happy to coordinate with Stone before he joined the campaign)
  • Bannon never heard any mention of Stone from Trump or anyone else during 2016 (even though Bannon was in direct contact with Stone himself even after joining the campaign)
  • In December 2016, Bannon attended a Trump Tower meeting between Stone and Trump to which Stone brought his book and possibly a folder and notes, a meeting Trump purportedly didn’t want, and in which Trump said almost nothing but instead just stared
  • Bannon really never heard of Trump talking to Stone while he was on the campaign, but it’s possible such calls took place during the evening hours and he simply didn’t know about it

The answer is not all that credible: we know that Stone was calling Trump via multiple channels, including through Keith Schiller during campaign hours, for example. But nevertheless, Bannon claimed not to know anything about calls between Stone and Trump.

Still, right in the middle of sustaining that claim, Bannon told about a meeting that Stone apparently demanded in December 2016 to which he brought his book depicting how he claimed Trump had won — a book in which Stone would later be scrupulously careful not to claim credit for the victory — and, the interview describes, “possibly a folder and notes.”

At the time of that interview in October 2018, Mueller only had one witness we know of who had mentioned those notes: a former employee of Stone’s who had been told the file “was important and that no one should touch it.”

53. On May 8, 2018, a law enforcement interview of [redacted] was conducted. [redacted] was an employee of Stone’s from approximately June 2016 through approximately December 2016 and resided in Stone’s previous New York apartment for a period of time. [redacted] provided information technology support for Stone, but was not f0rmally trained to do so. [redacted] was aware that Stone communicated with Trump during the 2016 presidential campaign, and afterward, both in person and by telephone. [redacted] provided information about a meeting at Trump Tower between Trump and Stone during the time [redacted] worked for him, to which Sterne carried a “file booklet” with him. Stone told [redacted] the file booklet was important and that no one should touch it. [redacted] also said Stone maintained the file booklet in his closet.

Given that this person worked for Stone through December 2016, the person’s description of Stone bringing the “file booklet” to a meeting at Trump Tower might even refer to the same meeting Bannon described, that five minute meeting that Trump had tried to avoid that Bannon had been ordered to attend, perhaps to serve as a witness and certainly as a way to ensure that Stone didn’t overstay his welcome.

But some weeks after the Bannon interview, a second witness would come forward and share, second-hand, that those notes were the contemporaneous notes that Stone kept of his “constant” communication with Trump during the campaign.

54. On December 3, 2018, law enforcement conducted an interview of an individual (“Person 1 “) who previously had a professional relationship with a reporter who provided Person 1 with information about Stone. The reporter relayed to Person 1 that in or around January and February 2016, Stone and Trump were in constant communication and that Stone kept contemporaneous notes of the conversations. Stone’s purpose in keeping notes was to later provide a “post mortem of what went wrong.”

Curiously, Mueller’s team didn’t mention Bannon’s inconclusive reference to those notes when they obtained a warrant to search Stone’s homes for them just a week after a January 18, 2019 grand jury appearance by Bannon, and if they knew the December 2016 meeting to be the same one Stone’s employee mentioned, they didn’t let on in their warrant affidavit. Nor is there any public follow-up I’ve noticed in the Bannon interview notes (though the government is withholding a 302 from summer 2019 and probably one from before that grand jury appearance). The copy of Bannon’s grand jury transcript that Stone is so incensed about was redacted, but if Bannon were asked about the notes in that meeting, it would have had to have been disclosed to Stone in advance of the trial.

Still, in the midst of an unconvincing denial of any knowledge that Stone and Trump were in any communication during the campaign, Bannon seems to have described a meeting to which Stone brought proof that he had been in constant communication during the campaign.

Stone is sure that Bannon got a pardon from Trump by blackmailing him.

The rat-fucker would certainly recognize the signs. Amid other forms of lobbying for a pardon, after all, Stone made three appearances that he knew Trump would see in which he made clear he could have avoided prison time if he had shared the content of the 36 conversations with Trump he had during the campaign (though the number varies), the conversations which we know Stone documented in that notebook.

DOBBS: We’re back with Roger Stone. And Roger, do you think you were targeted by Mueller, specifically to get dirt — to put you under pressure to get dirt on President Trump?

STONE: There’s no question whatsoever. After illegal leaks over a year saying I would be charged with treason and conspiracy against the United States, being the link between the Trump campaign and Russia. They indicted me on the flimsiest charges of lying to Congress even though there was no underlying crime for me to lie about. And then on July 24th, 2019, a member of the Mueller’s dirty cop squad approached one of my lawyers proposing a deal. If Stone would be willing to really re-remember the content of some 36 phone calls I had with candidate Trump, and admit that they were about Russia and WikiLeaks, they would be willing to perhaps recommend no jail time and I said, no. This President needs to be reelected, Lou. He is the greatest President in my lifetime, I would never give false testimony against him.

Stone made a record that could be used for blackmail, you see, a record that may have saved Stone from prison time.

And he is now accusing the guy who witnessed Stone presenting that record to Trump of likewise blackmailing Trump for a pardon.

Latex Gloves Hiding Evidence of Conspiracies: On the Unknown Adequacy of the January 6 Investigation

Since I’ve acquired new readers with my January 6 coverage and since the financial stress of COVID is abating for many, it seems like a good time to remind people this is not a hobby: it is my day job, and I’d be grateful if you support my work.

Update, 6/2: As this post lays out, Hodgkins’ plea was indeed just a garden variety plea. During the hearing he explained the latex gloves. He carries a First Aid kit around all the time and saw Joshua Black’s plastic bullet wound (though he didn’t know Black and didn’t name him in the hearing) and put gloves on in preparation to provide medical assistance. After Black declined his help, he took the latex gloves off.

On Wednesday, June 2, insurrectionist Paul Allard Hodgkins will plead guilty, becoming just the second of around 450 defendants to publicly plead guilty (particularly given the number of people involved, there may be — and I suspect there are — secret cooperation pleas we don’t know about).

NOTICE OF HEARING as to PAUL ALLARD HODGKINS: A Plea Agreement Hearing is set for 6/2/2021, at 11:00 AM, by video, before Judge Randolph D. Moss. The parties shall use the same link for connecting to the hearing.(kt)

This could be the first of what will be a sea of plea deals, people accepting some lesser prison time while avoiding trial by pleading out. But there’s one detail that suggests it could be more, that suggests Hodgkins might have knowledge that would be sufficiently valuable that the government would give him a cooperation deal, rather than just a plea to limit his prison time.

Hodgkins is one of the people who made it to the Senate floor and started rifling through papers there, which by itself has been a locus of recent investigative interest. But he is an utterly generic rioter, wearing a Trump shirt and carrying a Trump flag. According to an uncontested claim in his arrest affidavit, he told the FBI he traveled to the insurrection from Florida alone, by bus. Because the only challenge he made to his release conditions — to his curfew — was oral, and because the prosecutor in his case hasn’t publicly filed any notice of discovery (which would disclose other kinds of evidence against him), there’s nothing more in his docket to explain who he is or what else he did that day, if anything.

But one thing sticks out about him: before he started rifling through papers in the Senate, he put on latex gloves.

It’s not surprising he had gloves. During the pandemic, after all, latex gloves have been readily available, and I’ve wandered around with gloves in my jacket pocket for weeks. But he did show the operational security to put them on, when all around him people were just digging in either bare-handed or wearing the winter or work gloves they had on because it was a pretty cold day.

There’s just one other instance I know of where someone at the insurrection showed that kind of operational security (though there is one person identified by online researchers by the blue latex gloves he wore while playing a clear organizational role outside the Capitol). When one of the guys that Riley June Williams was with started to steal Nancy Pelosi’s laptop, Williams admonished him, “dude, put on gloves” and threw black gloves (which may or may not be latex) onto the table for him to use.

There’s no reason to believe there’s a tie (as it happens, Williams had a status hearing last week where her conditions were loosened so she can look for work). There is a cybersecurity prosecutor, Mona Sedky, who is common to both cases, which sometimes indicates a tie, but she is also on cases against defendants who have no imaginable tie to Williams. But Hodgkins exhibited the kind of operational security that, otherwise, only other people who seemed to be operating from some kind of plan exhibited.

My point is not that there’s a tie, but that we don’t know whether there’s something more interesting about Hodgkins, and we might not even learn whether there is on Wednesday, in significant part because if there is one, prosecutors may not want to share that information publicly.

And I think, particularly in the wake of Republicans’ successful filibuster of a January 6 Commission and discussions of whether there will be any real accountability, that’s a useful illustration about the limits of our ability to measure the efficacy of the investigation right now. Paul Hodgkins could be (and probably is) just some Trump supporter who hopped on a bus, or his latex gloves could be the fingerprint of a connection to more organized forces.

With that said, I’d like to talk about what we can say about the investigation so far, and where it might go.

Last week, when I read this problematic and in several areas factually erroneous attempt to describe the attack in military terms, I realized that readers new to my work may not understand what I do.

I cover a range of things, but when I cover a legal case, I cover the legal case as a means to understand what prosecutors are seeing. That’s different than describing the alleged crime itself; particularly given the flood of defendants, I’m not, for example, reading through scraped social media accounts from before the attack to understand what was planned in the semi-open in advance. But reading the filings closely is one way to understand where the criminal investigation might go and the chances it will be successfully prosecuted and if so how broadly the prosecution will reach.

I’m not a lawyer, though I’ve got a pretty decent understanding of the law, especially the national security crimes I’ve covered for 17 years. But my background in corporate documentation consulting and comparative literature (plus the fact that I don’t have an editor demanding a certain genre of writing) means I approach legal cases differently than most other journalists. For the purposes of this post, for example, my academic expertise in narrative theory makes me attuned to how prosecutors are withholding information and focalizing their approach to preserve investigative equities (or, at times, hide real flaws in their cases). Prosecutors are just a special kind of story-teller, and like novelists and directors they package up their stories for specific effects, though criminal law, the genre dictated by court filings, and prohibitions on making accusations outside of criminal charges impose constraints on how they tell their stories.

One of the tools prosecutors use, both in a legal sense and a story-telling one, is conspiracy. The problematic military analysis, linked above, totally misunderstood that part of my work (as have certain Russian denialists looking for a way to attack that doesn’t involve grappling with evidence): when I map out the conspiracies we’re seeing in January 6, I’m not talking about the overarching conspiracy that made it successful, how the entire event was planned. Rather, I’m observing where prosecutors have chosen to use that tool — by charging four separate conspiracies against Proud Boys that prosecutors are sloppily treating as one, and charging (as of yesterday) sixteen members of the Oath Keepers in a single conspiracy — and where they haven’t, yet — for a set of guys who played key roles in breaching the East door and the Senate chamber who armed themselves and traveled together. As that set of guys shows, prosecutors aren’t limited to using conspiracy with organized militias, and I expect we’ll begin to see some other conspiracies charged against other networks of insurrectionists. It’s virtually certain, for example, that we’ll see some conspiracies charged against activists who first organized together in local Trump protests; I expect we’ll see conspiracies charged against other pre-existing networks (like America First or QAnon or even anti-vaxers who used those pre-existing networks to pre-plan their role in the insurrection).

Conspiracies are useful tools for prosecutors for several purposes. For example, a conspiracy charge can change what you need to prove: that the conspiracy was entered into and steps taken, some criminal, to achieve the conspiracy, rather than the underlying crime. It can used to coerce cooperation from co-conspirators and enter evidence at trial in easier fashion. And it’s the best way to hold organizers accountable for the crimes they recruit others to commit.

If Trump, or even his flunkies, are going to be held accountable for January 6, it will almost certainly be through conspiracy charges built up backwards from the activities at the Capitol. I am agnostic on whether they will be, but it’s not as far a reach as some might think. This handy guide to conspiracy law that Elizabeth de la Vega laid out during the Mueller investigation provides a sense of why that is.

Conspiracy Law – Eight Things You Need to Know.

One: Co-conspirators don’t have to explicitly agree to conspire & there doesn’t need to be a written agreement; in fact, they almost never explicitly agree to conspire & it would be nuts to have a written agreement!

Two: Conspiracies can have more than one object- i.e. conspiracy to defraud U.S. and to obstruct justice. The object is the goal. Members could have completely different reasons (motives) for wanting to achieve that goal.

Three: All co-conspirators have to agree on at least one object of the conspiracy.

Four: Co-conspirators can use multiple means to carry out the conspiracy, i.e., releasing stolen emails, collaborating on fraudulent social media ops, laundering campaign contributions.

Five: Co-conspirators don’t have to know precisely what the others are doing, and, in large conspiracies, they rarely do.

Six: Once someone is found to have knowingly joined a conspiracy, he/she is responsible for all acts of other co-conspirators.

Seven: Statements of any co-conspirator made to further the conspiracy may be introduced into evidence against any other co-conspirator.

Eight: Overt Acts taken in furtherance of a conspiracy need not be illegal. A POTUS’ public statement that “Russia is a hoax,” e.g., might not be illegal (or even make any sense), but it could be an overt act in furtherance of a conspiracy to obstruct justice.

We know that Trump and his flunkies shared the goal of the conspiracies that have already been charged: to prevent the certification of the vote. Trump (and some of his flunkies) played a key role in one of the manner and means charged in most of the conspiracies: To use social media to recruit as many people as possible to get to DC. Arguably, Mike Flynn played another role, in setting the expectation of insurrection.

What’s currently missing is proof (in court filings, as opposed to the public record) that people conspiring directly with Trump were also conspiring directly with those who stormed the Capitol. But we know the White House had contact with some of the conspirators. We know that organizers like Ali Alexander and Alex Jones likewise had ties to both conspirators and Trump’s flunkies (an Alex Jones producer has already been arrested). We know that Flynn had other ties to QAnon (which is why I’ll be interested if the government ever claims QAnon had some more focused direction with respect to January 6). Most of all, Roger Stone has abundant ties with people already charged in the militia conspiracies, and was at the same location as some of the Oath Keepers before they raced to the Capitol in golf carts to join the mob. If Trump or his flunkies are held accountable, I suspect it will go through conspiracies hatched in Florida, and the overlap right now between the Oath Keeper and Proud Boys conspiracies are in Floridians Kelly Meggs and Joe Biggs. But if they are held accountable, it will take time. It’s hard to remember given the daily flow of new defendants, but complex conspiracies don’t get charged in four months, and it will take some interim arrests and a number of cooperating witnesses to get to the top levels of the January 6 conspirators, if it ever happens.

This post, which is meant to be read in tandem with this one, assesses developments in the last week or so in the Oath Keepers conspiracy case.

Jessica Watkins Defends Herself by Claiming the Armed Militia Parade Was Part of the Plan

In a bid to spring her client from jail pre-trial, Jessica Watkins’ attorney Michelle Peterson accuses the government, twice, of wielding rhetorical flourishes to portray Watkins’ actions in the worst light.

The government’s rhetorical flourishes aside, there is insufficient evidence to demonstrate that Ms. Watkins would be either a risk of flight or a danger to her community if she were released on stringent conditions.

[snip]

The government’s motion for detention is filled with rhetorical flourishes design to inflame the passions of its readers without supporting evidence, e.g., “Watkins single-minded devotion to obstruct though violence” p.1, “this was a moment to relish in the swirling violence in the air” p. 2, and references throughout to her attire as “camouflage.”

It’s true that the government motion for detention portrays Watkins’ actions as a grave threat.

The profoundly brazen nature of Watkins’s participation in the January 6, 2021 assault on the Capitol was uniquely dangerous and continues to impact security in the District and beyond. Watkins joined a violent mob that overwhelmed law enforcement and destroyed government property, re-creating in modern times events not seen in this nation since the War of 1812. In this backdrop, Watkins and her co-conspirators formed a subset of the most extreme insurgents that plotted then tried to execute a sophisticated plan to forcibly stop the results of a Presidential Election from taking effect. And she did this in coordination and in concert with a virulently antigovernment militia members.

But Peterson accuses the government of rhetorical excess while excusing Watkins’ own actions and inflamed self-description of them by suggesting that Watkins was simply helpless in the face of Trump’s lies.

His supporters said he would invoke the Insurrection Act to use the military to ensure his continued presidency despite the election results, which they viewed as fraudulently reported in large measure because of the rhetoric of the President, his congressional supporters, and the right-wing media.

[snip]

However, these statements if made, were made in November, shortly after the election in the wake of the then President’s heated rhetoric about the election being stolen.

[snip]

While some of the rhetoric she allegedly engaged in is troubling, she fell prey to the false and inflammatory claims of the former president, his supporters, and the right wing media.

Unless and until Trump’s own crimes get added to these conspiracy indictments, these detention memos will continue to dispute what to call the terrorist event that happened on January 6. Until that time, the government will be relying on legal maneuvers, like charging the Oath Keepers with abetting the physical damage to the Capitol — because the doors through which they breached the building suffered significant damage — as a way to get the presumption of detention tied to a domestic terrorism charge. And defense attorneys will continue to argue that entering the Capitol in military formation after two months of preparation for action in response to the election outcome does not amount to a crime of violence.

I don’t believe we need a domestic terror statute. But we need language to describe domestic terrorism. Because we don’t have agreed on language for this thing, an event that forced the Vice President, the Speaker of the House, and the Vice President-Elect to flee from threats of imminent assassination, these disputes will continue to struggle to fit these actions into our existing categories.

Still, even in Peterson’s description of the problem, there are problems with this story. Watkins’ brief admits that she engaged in apocalyptic rhetoric, but suggests that all happened in November, long before and dissociated from the apocalyptic event.

The government includes statements Ms. Watkins is alleged to have made about the election and the need to fight, kill, or die for rights and statements about being prepared to fight hand to hand. However, these statements if made, were made in November, shortly after the election in the wake of the then President’s heated rhetoric about the election being stolen. They are not even alleged to have been made about the January 6 events. The statements were not directed towards law enforcement and are as easily interpreted as being prepared to encounter violent counterprotesters as they had on earlier occasions. And importantly, according to the government, Ms. Watkins made it clear that she would do nothing that was not specifically requested by the President. However misguided, this shows an intent to abide by the law, not violate it. [my emphasis]

Peterson describes the events of January 6, by contrast, as the natural response of veterans anticipating that the then-President might invoke the Insurrection Act, as his disgraced former National Security Advisor Mike Flynn and others demanded.

His supporters said he would invoke the Insurrection Act to use the military to ensure his continued presidency despite the election results, which they viewed as fraudulently reported in large measure because of the rhetoric of the President, his congressional supporters, and the right-wing media. The report of the potential invocation of the Insurrection Act took root in the online community of Trump supporters and led many local militias to believe they would have a role if this were to happen. Ms. Watkins was one of those people. In November, she believed that the President of the United States was calling upon her and her small militia group to support the President and the Constitution and she was ready to serve her Country in that manner. However misguided, her intentions were not in any way related to an intention to overthrow the government, but to support what she believed to be the lawful government.

The problem is, these claims are totally refuted by the timeline.

Flynn was probably the earliest prominent advocate for martial law. That was on December 1, after the November comments in question. Watkins, meanwhile, was looking for a sign even before that, on November 9.

Her concern about taking action without his backing was evident in a November 9, 2020, text in which she stated, “I am concerned this is an elaborate trap. Unless the POTUS himself activates us, it’s not legit. The POTUS has the right to activate units too. If Trump asks me to come, I will. Otherwise, I can’t trust it.”

That’s before the earliest Trump incitement cited by the defense, a November 21 rally in GA.

See id., Donald J. Trump (@realDonaldTrump), Twitter (Nov. 21, 2020 3:34 PM) (Watch: Hundreds of Activists Gather for ‘Stop the Steal‘ Rally in Georgia https://t.co/vUG1bqG9yg via Breitbart News Big Rallies all over the Country.

The earliest moment when Watkins spoke specifically in terms of the Insurrection Act was December 29, long after some of her most inflammatory comments.

In a text exchange with Co-defendant Donovan Crowl on December 29, 2020, she informed, “[w]e plan on going to DC on the 6th” because “Trump wants all able bodied Patriots to come,” and how, “[i]f Trump activates the Insurrection Act, I’d hate to miss it.”

Yet as early as October 26, Watkins was already timing militia training to inauguration.

Watkins emphasized this point to another recruit on October 26, 2020, noting, “the election is imminent. We do have Basic Training/FRX coming up in January though … others who join before then without experience will be REQUIRED to attend for the full week. Donovan already has his Drill Sergeant mode going haha. The rest of us will be training with them to get us all field-ready before inauguration.”

That shows a continuity between Watkins’ pre-election statements and post election plans.

On November 9,2020, WATKINS, the self-described “C.O. [Commanding Officerl of the Ohio State Regular Militia,” sent text messages to a number of individuals who had expressed interest in joining the Ohio State Regular Militia. In these messages, WATKINS mentioned, among other things, that the militia had a weekJong “Basic Training class coming up in the beginning of January,” and WATKINS told one recruit, “l need you fighting fit by innaugeration.”

And some of her most inflammatory language came in mid-November, such as when, on November 17, she spoke of killing and dying for “our” rights.

I can’t predict. I don’t underestimate the resolve of the Deep State. Biden may still yet be our President. If he is, our way of life as we know it is over. Our Republic would be over. Then it is our duty as Americans to fight, kill and die for our rights.

and:

[I]f Biden get the steal, none of us have a chance in my mind. We already have our neck in the noose. They just haven’t kicked the chair yet.

Or, her comments on November 19 about going “underground if this coup works.”

Indeed, on November 19, 2021, Watkins went so far as to text a contact that, “If anything, we need to go underground if this coup works,” as well as for the need “to be cautious as hell going forward” since “[i]f they still this election, we are all targets after Jan 20th.”

Again, this precedes the first instance of incitement from Trump cited by Watkins’ attorney, on November 21.

Moreover, Peterson’s claim that when Watkins spoke of the beauty of the insurrection to a reporter, she was just referring to the National Anthem, is totally refuted by the actual record.

Their evidence is that 40 minutes after the Capitol had been breached, she went to the Capitol and entered the building. By that time, the door had already been opened. The government acknowledges that “the crowd aggressively and repeatedly pulled on and assaulted” the doors of the building to get inside, causing damage. Ms. Watkins is charged with aiding and abetting this offense, but there is no evidence that this was something she had a criminal intent to do. She would have to have shared in the intent to destroy property, when in fact, she attempted to stop people from destroying property. She talked of the beauty of the peaceful protest, but acknowledged that it was only beautiful until she started hearing glass break. When she spoke of the beauty, she was referring not to the violence, but to the chants of USA and the singing of the National Anthem.

In the actual interview, Watkins specifically spoke of “standing our ground” against the cops because “they attacked us.”

“To me, it was the most beautiful thing I ever saw until we started hearing glass smash. That’s when we knew things had gotten really bad.” Watkins also states, “We never smashed anything, stole anything, burned anything, and truthfully we were very respectful with Capitol Hill PD until they attacked us. Then we stood our ground and drew the line.”

Her claim that “they attacked us,” may reflect her co-conspirator Thomas Caldwell’s false claim that the cops were “teargassing peaceful protestors.”

On January 6,2021, at approximately 2:06 p.m., CALDWELL sent WATKINS a text message stating: “Where are you? Pence has punked out. We are screwed. Teargassing peaceful protesters at capital steps. Getting rowdy here… I am here at the dry fountain to the left ofthe Capitol[.]”

That is, it’s not just Donald Trump who riled her up. So did her buddies in the militia (as she riled up fellow members).

Moreover, Watkins’ lawyer makes much of the fact that Watkins’ formation did not enter the Capitol until 40 minutes after it was breached. But that was long after she operated on a belief that the cops had targeted “protestors,” and it reflected actions planned a week in advance.

Perhaps the most intriguing comments in Watkins’ filing — and the most unintentionally damning — are the description of Watkins serving as “escort” or “security” for pro-Trump politicians.

Ms. Watkins has no prior history of violence and has tremendous respect for law enforcement and the Constitution of the United States. Indeed, although misguided, she believed she was supporting the Constitution and her government by providing security services at the rally organized by Mr. Trump and the republican lawmakers who supported his goals.

[snip]

On January 5 and 6, Ms. Watkins was present not as an insurrectionist, but to provide security to the speakers at the rally, to provide escort for the legislators and others to march to the Capitol as directed by the then President, and to safely escort protestors away from the Capitol to their vehicles and cars at the conclusion of the protest. She was given a VIP pass to the rally. She met with Secret Service agents. She was within 50 feet of the stage during the rally to provide security for the speakers. At the time the Capitol was breached, she was still at the sight of the initial rally where she had provided security. The government concedes that her arrival at the Capitol was a full 40 minutes after the Capitol had been breached. [my emphasis]

I believe this is the first description of the Oath Keepers’ role as “security” as these events in any of the legal filings in the case. But it doesn’t seem to help any of the co-conspirators.

Jessica Watkins was invited to an extremist revival event and given a VIP badge. She did so in the guise of providing security. But she admits she was almost 50 feet away from the stage, in no way the right location to be providing security (moreover, I think this claim is somewhat inconsistent with that the reported analyses shows, because members that would become the Stack left early, perhaps in response to Caldwell’s text).

Her brief further describes that she and her kitted-out militia were to provide “escort” to marchers to the Capitol, and she appears to know the intent was to march to the Capitol. One way or another, that still means her stated purpose — the reason she was wearing a VIP pass provided by official organizers (including Ali Alexander and Alex Jones) — was to ensure that those marching on the Capitol were accompanied by a militia that had plans to take up arms if things went badly.

I’m really grateful to Watkins’ attorney for providing the FBI reason to go ask the Secret Service and event organizers about this plan for an armed escort to the Capitol. This may accelerate the process of incorporating at least Roger Stone and Jones into these conspiracy indictments.

But it simply doesn’t help the cause of claiming that the Oath Keepers weren’t part of an organized conspiracy to interrupt the legal vote count. Does that mean that Jessica Watkins should be detained because people incited by the Proud Boys demolished the Capitol door? No. Does it mean she poses a threat because the organization she help[ed] lead started planning even before the election to have people trained to take action? Yes.

In November, Watkins wanted to make sure that Trump himself wanted her militia to take action. Her lawyer claims that Watkins was awaiting the invocation of the Insurrection Act. But even without that invocation, according to this filing, she envisioned serving as the military guard for a march of people from the White House to the Capitol seeking to overturn the election results.

And thanks to this defense filing, prosecutors can start talking about this earlier part of the conspiracy now.

Update: Peterson has submitted a clarification that has made the comments about the Secret Service even more damning. She didn’t meet the Secret Service. She spoke with them as she was coming through security for the VIP pen, from which she fancies she was “providing security.” And they told her to leave her tactical gear outside the pen.

Jessica Watkins, through counsel, respectfully submits this clarification to her motion for release pending the outcome of her case. Counsel apologizes for being less than clear on a couple of points raised in the original motion – something that unfortunately became obvious by media inquiries. Counsel in no way meant to imply that Ms. Watkins met with the Secret Service. A better verb would have been “encountered.” Ms. Watkins spoke with Secret Service members early in the day when she was coming through the check in point for the VIP area. The point counsel was attempting to make was that she encountered law enforcement, including Secret Service officer on her way to providing security for the rally. She was given directives about things she could and could not do, including directions to leave all tactical gear outside of the VIP area, and she abided by all of those directives. Ms. Watkins does not suggest that she has any direct knowledge that her role as security was sanctioned by anyone other than people involved in organizing the rally. She certainly did not mean to suggest that she was hired by the U.S. Secret Service to perform security. Counsel again apologizes for any confusion created by the inartful language used in the motion.

Effectively, then, hours before she entered the Capitol, which was full of protected people, including the Speaker of the House, President Pro Tempore, Vice President-Elect, and the Vice President that Donald Trump had just targeted, Watkins was told not to bring her tactical gear close to another set of protected people. And once she left the VIP pen where she was “providing security,” she put that tactical gear back on.

That only serves to emphasize the degree to which she was targeting Congress.

Dominic Pezzola Suspects the FBI’s Cooperating Witness Is the Guy Who Recruited Him into the Proud Boys

A number of people are pointing to this motion to modify bond by Proud Boy Dominic Pezzola, the guy who helped kick off an insurrection by breaking the window of the Capitol with a stolen police shield, reporting either that Pezzola is bidding to plead out or that that the Proud Boys are turning on themselves.

Both may be true.

But buried within the filing is a far more inflammatory allegation. Pezzola, the guy who kicked off the entire assault on the Capitol on January 6 in coordination with other Proud Boys, is suggesting that someone who came to serve as an FBI cooperating witness less than a week after an attack that purportedly took the FBI entirely by surprise, was actually the guy who recruited him into the Proud Boys and set him up with a thumb drive loaded up — unbeknownst to him, he maintains — with the Anarchist’s Handbook, including its bomb-making plans.

Pezzola makes the allegation by rebutting the claim he is dangerous, the basis by which Magistrate Robin Meriweather. came to deny him bail.

As Pezzola notes, Meriweather denied him bail not because of a presumption of detention or a concern he would flee. It was because he posed a danger to the public. Meriweather framed that presumed danger as arising from a thumb drive loaded with the Anarchist’s Handbook found at his home and the testimony of a witness.

In determining that Pezzola’s release presented “danger” to the community the Court cited 2 factors from the prosecution’s proffer: (1) the claim that Pezzola participated in a group conversation when others expressed an intention to return to DC with weapons to commit acts of violence; (2) recovery of a thumb drive with plans for making, bombs, poisons, etc.

Per Pezzola’s arrest affidavit, the witness was someone whom the FBI interviewed at least twice before obtaining an arrest warrant against Pezzola on January 13, just a week after the insurrection. The description of witnesses in the total universe of January 6 affidavits are totally inconsistent (in part because so many different FBI Agents wrote them), meaning we can’t conclude anything by the description an agent uses. Nevertheless, this one was always among the only ones that seemed to be an insider. The witness is someone who described Pezzola as “Spaz” right away (though elsewhere he is called Spazzo), described Pezzola as bragging about breaking into the Capitol, and he described the group — the Proud Boys — as capable of killing Nancy Pelosi or Mike Pence, and planning more actions.

The FBI has spoken to an individual your affiant will refer to as “W-1” for purposes of this affidavit. W-1 stated that W-1 was in Washington, D.C., during the protests that occurred on January 6, 2021.

W-1 stated that after the events at the Capitol as described above, he or she spoke to an individual he or she knows as “Spaz,” along with other individuals. W-1 stated that during that conversation, “Spaz” bragged about breaking the windows to the Capitol and entering the building. In a subsequent interview W-1 clarified that “Spaz” said that he used a Capitol Police shield to break the window. W-1 said that “Spaz” can be seen on the cover of many newspapers and recognizes him from those photographs. W-1 stated that other members of the group talked about things they had done during the day, and they said that anyone they got their hands on they would have killed, including Nancy Pelosi. W-1 further stated that members of this group, which included “Spaz,” said that they would have killed [Vice President] Mike Pence if given the chance.

I had thought this witness would be one of numerous Proud Boy hangers on who was hanging around in DC after the attack, but as we’ll see, Pezzola believes it’s the guy he commuted to insurrection with.

The witness first told the FBI that the Proud Boys were preparing an event on January 20th (which is consistent with other reports).

According to W-1, the group said it would be returning on the “20th,” which your affiant takes to mean the Presidential Inauguration scheduled for January 20, 2021, and that they plan to kill every single “m-fer” they can.1 W-1 stated the men said they all had firearms or access to firearms.

Then, in a later interview (again, remember that this is before January 13), the witness said maybe the next event wasn’t inauguration, but soon after. Whenever it was, it’d involve guns.

In a later interview, W-1 stated that the group had no definitive date for a return to Washington, D.C, but W-1 re-iterated that the others agreed there would be guns and that they would be back soon and they would bring guns.

The witness also misidentified Doug Jensen, the QAnon adherent who chased officer Goodman up the Capitol stairs, as someone else, presumably a member of the Proud Boys, only to clarify later that someone else was the individual in question.

In W-1’s initial interview with law enforcement, W-1 initially incorrectly the individual in the black knit hat in the foreground of this photograph as someone I will refer to as “Individual A.” W-1 later clarified that the person in the knit hat is not in fact Individual A and identified a different person in a separate photograph as Individual A.

Thus far, this witness sounds like he’s telling the FBI what he expects they most want to hear, something you often hear from informants trying to maximize their own value. By misidentifying Jensen, he may have falsely suggested the Proud Boys chose where to go in the Capitol. And by promising there would be more events, featuring violence (again, which is consistent with what public chatter was at the time), he heightened the urgency of case against the Proud Boys.

As Pezzola describes in his motion for bail, he suspects the person who said the Proud Boys had ongoing plans is a guy he drove home to New York with from DC.

Pezzola maintains no recollection of the referenced conversation but suspects if the conversation did occur in his presence it could have only occurred in the car on the return trip from Washington when Pezzola was asleep in the car. Upon information and belief, the CW is not detained. Rather he has reached an agreement where he is making allegations against others in order to avoid his detention for what is actually his greater involvement in the underlying events.

That would explain why William Pepe, also from NY, was named Pezzola’s co-conspirator: presumably both were in the same car speaking to the same guy, which is how the government had confidence that Pepe’s actions were coordinated with Pezzola’s and not, for example, the two other people charged with kicking off the attack on the Capitol, Robert Gieswein and Ryan Samsel.

As Pezzola describes, “it is alleged” that he’s just a recent recruit to the Proud Boys (something I don’t necessarily buy, but it seems to reflect Pezzola parroting back what he’s seen in discovery so far).

Pezzola’s alleged contact with the “Proud Boys” was minimal and short lived. It is alleged he had no contact prior to late November 2020. Upon information and belief, the prosecution alleges his first contacts occurred around that time. They principally amounted to meeting for drinks in a bar. Prior to January 6, 2020, there is no allegation that Pezzola took any action with the “Proud Boys” that was in anyway criminal or violent. His only event prior to January 6, 2021, was that he attended a MAGA rally in support of Donald Trump in December 2020. There is no allegation he was involved in any criminal or violent activity there.

He claims that the cooperating witness is actually far more involved in the Proud Boys.

Addressing these in turn: There is a claim as the prosecution pointed out that a “cooperating witness” claimed that Pezzola was present in a group when someone professed an intention to return on January 20, 2021, Inauguration day to instigate more violence. However, there is no claim Pezzola made those statements nor that he expressed a similar intent1 nor any intention to participate in any acts of violence, let alone murder. Although the defense cannot be certain it is believed the “cooperating witness” (CW) who has made these claims is actually someone who was a much more active participant in the “Proud Boys” than Pezzola, having been with the organization for a much longer time than Pezzola’s alleged association and much more active.

And Pezzola claims that the thumb drive showing possession of bomb making instructions was actually given to him by the guy he suspects of being the cooperating witness.

What was unknown at the time of the prior hearing is that the thumb drive at issue was given to Pezzola, probably by the Prosecution’s CW5 when that person was making efforts to introduce Pezzola into the “Proud Boys.”

Finally, Pezzola further alleges that the guy he suspects of being the cooperating witness confessed to spraying cops with pepper spray, an assault that has not been charged (only Giswein and Samsel were charged with outright assaults on cops).

Although it is impossible to know with certainty at this point, if the defense supposition about the CW is correct, that person admitted to spraying law enforcement with a chemical agent, likely “OC or Pepper” spray during the January 6 event.

It is true that Pezzola nods to making a plea deal in this filing.

Although the Court can play no role in disposition negotiations, via counsel Pezzola has indicated his desire to begin disposition negotiations and acceptance of responsibility for his actions. He seeks to make amends.

But there’s little chance DOJ can offer him a deal that will help him rebuild his life. Even in this filing, he admits he was attempting to stop the vote count, the goal of every overriding conspiracy charge thus far, which would be a key part of any seditious conspiracy case. He doesn’t deny he broke into the Capitol; he instead disingenuously downplays the import of being the first to do so, noting that numerous doors and windows were breached over the course of the day. His claim he has never used his Marine training since his service is inconsistent with the way he walked through the Capitol with much greater operational awareness than many of the other rioters. Plus, even in his first bail hearing, Pezzola insisted he was not a leader of the attack, which — if he was a recent recruit, makes total sense (and is consistent with Felicia Konold, someone else who played a key role, but who was just a recruit-in-progress). So he wouldn’t necessarily have that much information on anyone except those who gave him directions and the guy in the car, not necessarily enough to trade as the guy who kicked off the insurrection, even if he was acting on orders.

He’s likely fucked one way or another, not least because he’d be far less useful as a cooperator if everyone knew he had a plea deal.

But Pezzola’s allegation is troubling for several more reasons.

As noted, the FBI interviewed this cooperating witness at least twice before January 13, suggesting at the very least that the FBI reached out to him right away (or vice versa), rather than collecting more information on the person’s own role. And in spite of two variations in his story — misidentifying Jensen and equivocating about when the next operations were planned — his testimony was deemed credible enough to implicate someone he may have recruited and provided other the other damning evidence on.

The FBI knew that Enrique Tarrio and the rest of the Proud Boys were coming to DC for the January 6 events, which is how they were prepared to arrest him on entry in DC. They knew that during the Proud Boys’ previous visit, the group had targeted two Black churches. DOJ had investigated threats four members of the Proud Boys had made against a sitting judge in 2019.

And yet, not only didn’t FBI prevent the January 6 attack kicked off by the Proud Boys, they didn’t even issue an intelligence warning about possible violence.

It’s possible this witness genuinely did just reach out to the FBI and try to pre-empt any investigation into himself. It’s possible that as the FBI has done more review (including of video outside the Capitol, where a pepper spray attack on cops likely would have occurred), they’ve come to grow more skeptical of this witness.

But it’s also possible that the FBI has ties with witnesses — possibly this guy, and very likely Rudy Giuliani interlocutor James Sullivan, who said he was in contact with the FBI — who have more information on those who set up this insurrection, rather than just busting down the window. Particularly given the unsurprising news that investigators are scrutinizing the role that Roger Stone and Alex Jones might have played (Rudy is not mentioned, but not excluded either), it seems critical that the FBI not adhere to its counterproductive use of informants targeting a group (no matter how reprehensible) rather than action.

The FBI has a lot to answer for in its utterly inconceivable failure to offer warnings about this event. If their informant practices blinded them — or if they’re making stupid choices now out of desperation to mitigate that initial failure — it will do little to mitigate the threat of the Proud Boys.