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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.

Y’all Qaeda Northwest: Ethan Nordean Provides Yet More Proof of the Proud Boys’ Sophistication and Resilience

The government and Ethan Nordean are having a dispute that is, at least procedurally, about whether by giving Nordean the Telegram text messages he demanded in prioritized fashion, the government committed a Brady violation. Nordean started this dispute on April 29 with a filing admitting that the texts he received before his detention hearing were the ones he asked for specifically but still complaining that he didn’t get all his texts at once.

Today, the government produced for the first time additional Telegram messages extracted from Nordean’s phone. The government provided no explanation as to why they were produced after the hearing on its third detention motion and not beforehand.1 Like the Telegram chats it used to support detention, today’s production was drawn from the same device (Nordean’s phone), the same app (Telegram), and only postdate by some days the chats the government used to detain Nordean. In reviewing the following chats, the Court may recall that because the Telegram messages are encrypted and, according to the government, “designed to evade law enforcement,” the government would have the Court believe the app users are speaking candidly in Telegram.

On March 25, Nordean requested that the government produce, at least by March 30, Telegram chats on Nordean’s phone sent and received between 1/4/21 and 1/8/21. Nordean did not say that no other chats should be produced, nor did he waive any right to Brady material of which the government was aware. On March 9, Nordean served a discovery letter on the government seeking all of the defendant’s statements and requesting that Brady material be produced according to the schedule in Rule 5.1.

The government response doesn’t point out that they gave Nordean precisely what Nordean asked for. It does describe how they provided Nordean’s Telegram chats in three waves, with the entire content of his phone provided by April 30.

On April 29, 2021, the government produced to defendant Nordean eleven (11) strings of text messages, totaling over 5,000 pages, that contained the terms “Ministry of Self-Defense” or “MOSD,” and that were recovered from defendant Nordean’s phone.

Thereafter, on April 30, 2021, a full copy of an extraction from defendant Nordean’s phone was produced to Nordean’s counsel. That production included approximately 1,172 Telegram message strings (totaling over 1.3 million messages). The extracted text of the Telegram messages in Nordean’s phone runs over 204,000 pages when printed in .pdf format, which does not include any of the images, audio, or video files that are associated with the message strings. In addition to the Telegram messages, the phone contains hundreds of other communications using other platforms, including other encrypted platforms such as Signal and WhatsApp. The government’s review of these message strings, hundreds of which contained communications between December 2020 and January 2021, is ongoing, and all of this information is in defendant Nordean’s possession.

Nordean’s reply doubles down on the accusations of misconduct, now claiming the government intentionally withheld substantiation of Nordean’s claim to have disavowed rallies.

Nordean had presented an audio recording of himself in a conversation with members of his group in which he rejected political rallying. The recording shows him annoyed with how often he had to “repeat himself” on the point. The clip was recorded in February, shortly before his arrest. It is not “self-serving,” as he was communicating with his in-group and through the medium that the government alleges was used “to evade detection.”1 The Court found that the clip “does suggest that, at some point, [Nordean] agreed that the Proud Boys should stop rallying.” Hr’g Trans., 4/19/21, p. 55:21. However, the Court also found that “without any further context there’s no indication that that was some kind of permanent decision.” Id., p. 55:22.

At the time of the hearing, there was “further context.” The government knew it and did not inform the defense or the Court. Shortly after that hearing, on April 29, the government produced late January chats in which Nordean repeatedly discussed “bans on rallies”; in which Nordean said, “fuck politics, build communities and local economy” (Cf. the Court: “politics has not [passed]”); where Nordean endorses the doubly capital notion “THE PROUD BOYS ARE NOT MARCHING ON CAPITAL BUILDINGS”; and in which Nordean reacts dismissively, in real time, to the conspiracy charge supposedly predicating his detention. On its own, the government’s late production of these chats is unequivocally a violation of the Due Process Protections Act and Local Criminal Rule 5.1. It is also a violation of Rule 3.8(e) of the D.C. Rules of Professional Conduct for prosecutors.2

2 “The prosecutor in a criminal case shall not . . . Intentionally fail to disclose to the defense, upon request and at a time when use by the defense is reasonably feasible, any evidence or information that the prosecutor knows or reasonably should know tends to negate the guilt of the accused or mitigate the offense.” Rule 3.8(e) of the D.C. Rules of Professional Conduct.

In his reply Nordean asks a fair question — why the government didn’t just keep screen-capping texts that were a “two-second scroll” down Nordean’s phone from the chats the government had turned over in response to Nordean’s specific request. It seems the government has a reasonable answer: because it was responding to a specific request, though they have yet to say that specifically.

Nevertheless, neither side is treating this as a dispute over misconduct. The government notes that his original motion asks for no relief.

Defendant Nordean’s notice alleging a violation of those provisions (ECF 79) seeks no relief, and no relief or further action by the Court is necessary or appropriate.

Nordean’s reply asks for no relief either. It instead says that he is “developing evidence,” but once again asks for no relief.

The government concludes its response by saying Nordean’s “notice seeks no relief because defendant is entitled to no relief.” ECF No. 84, p. 12. The government is mistaken. The notice sought no relief because Nordean is developing further evidence of the government’s misconduct in filing a series of misleading claims in this matter and in withholding evidence so that it cannot be timely used.

And Nordean goes from that comment — stating that it is incorrect that he asks for no relief by once again asking for no relief — to instead make an argument about bail. (This series of exchanges is actually about preparing a record for Nordean’s detention challenge at the DC Circuit.)

Nordean points to this declaration from Daniel Aurellano stating that Ethan Nordean is no longer the President of Proud Boys Seattle Chapter, because he, Aurellano, was elected to replace him.

Nordean is also developing evidence showing that the premises for revoking his release order are factually mistaken. For example, although Nordean’s leadership role in the Proud Boys was cited to detain him, he is no longer a leader, in any sense of the word, in that organization, nor does he have any decision-making authority, as sworn statements indicate and will further indicate.

Aurellano says he was elected to replace Nordean “in February 2021,” but doesn’t say when that happened. Nor does Aurellano say when, in February 2021, the Proud Boys Northwest chose to dissociate from the national Proud Boys. He does, however, say Nordean stopped participating in Proud Boys Internet communications after his arrest in February 2021. Which suggests Aurellano got elected to replace Nordean at a meeting that Nordean called for while still the head of the chapter, on January 20, and at which Nordean planned to discuss “bugout bags” and “bulk armor deals” because they were “on the brink of absolute war.”

Nordean makes much of the fact that subsequent to this January 20 statement, and so also subsequent to Joe Biggs’ arrest on January 20, he made a series of comments forswearing rallies.

But that means one of the last things Nordean did while still in charge was call for and prepare for war — not to mention to call for bugout bags for which the old passport of one’s ex-wife, such as the one the government alleges (though the allegation is contested) was out on Nordean’s bedroom dresser when the FBI came to search his house — would be acutely valuable. And then everyone started getting arrested and the Proud Boys took steps to cover their tracks.

Amid this whole bail dispute pretending to be a misconduct dispute, however, Nordean has helped to lay out both that this is a remarkably organized militia, and it is adopting a tactic other terrorist groups have in the past: to splinter and rebrand as a way to attempt to evade prosecution, as if the Proud Boys Northwest had adopted the name Y’All Qaeda Northwest like African branches of the Islamic State did.

Thus far, filings in the Proud Boys Leadership conspiracy case have shown that:

  • The Proud Boys started preparing a compartmented cell structure in anticipation of the January 6 insurrection on December 29
  • Enrique Tarrio anticipated he would be arrested when he came to DC on January 4 and so provided for a succession plan
  • Charles Donohoe allegedly attempted to destroy evidence of past planning in the wake of Tarrio’s arrest, specifically in an attempt to avoid gang charges (whether he succeeded or not remains contested)
  • In the aftermath of January 6, the Proud Boys (and Nordean specifically) took steps to prepare for war
  • In Seattle, the Proud Boys responded to Nordean’s arrest by ensuring the continuity of the organization

Again, none of this is exculpatory for Nordean. It shows the Proud Boys operating like sophisticated terrorist groups have operated in the past, in an attempt to retain viability while under government scrutiny.

And along the way, Nordean and the government have been drawing an utterly convincing argument — with two attempts to access passports and an explicit call for bugout bags — that he would flee the country the first chance he got.

January 6: A Change of Pace

Although GWU’s tracker, which is still the best way to keep track of all the January 6 defendants (though this visual story from WaPo using their data is nifty) added four new January 6 defendants yesterday, the pace of new defendants has slowed considerably. While there are still some detention fights, several of those disputes (Proud Boys Ethan Nordean and Joe Biggs, and disorganized conspirators Nate DeGrave and Ronnie Sandlin, as well as Neo-Nazi sympathizer Timothy Hale-Cusanelli — have moved to the DC Circuit.

We’re likely to have more bail revocation fights. The other day, for example, Landon Copeland — who made news for his meltdown during a magistrate judge’s hearing last week — was arrested for some still unidentified bail violation. The government has also moved to revoke Patrick Montgomery’s bail because he — a professional hunting guide — shot a mountain lion that he — a felon — cannot legally possess.

But there are a couple of developments this week that point to what’s going on with this investigation.

Delayed phone exploitation

In a hearing in the case against mother and son defendants Deborah and Salvador Sandoval, Deborah’s attorneys were anxious to move to trial based off an apparent misunderstanding that the evidence on her sole computer device, her smart phone, would show she barely entered the Capitol. Meanwhile, the government revealed that because Salvador chose not to share passwords to his multiple devices, those are taking a lot longer to exploit. As I’ve already noted, Ethan Nordean is the only Proud Boys leadership co-conspirator whose phone DOJ was able to exploit without cracking the password first (the FBI got the password from Nordean’s wife). Exploiting all these phones is going to take a lot of time.

In another case, there appear to be privileged communications on Eric Torrens’ phone, which will delay the exploitation of that for up to four weeks as a filter team reviews the content.

In other words, even before you consider any delay created by FBI’s need to respond to Signal’s Moxie Marlinspike’s exposure of vulnerabilities in Cellebrite’s code, it will take some time to process the vast volume of evidence the government has obtained since January 6.

The network analysis

The arrest of Brittiany Dillon gives a sense of another cause of delay.

Bryan Betancur was one of the first wave of January 6 defendants to be arrested, on January 17, after his parole officer alerted the FBI that he had lied about handing out Bibles to get permission to travel from Baltimore to DC that day. The government got a warrant for his phone on January 20. Once they got into his phone, they discovered text messages between Betancur and Dillon in which Dillon described falling in the door of the Capitol during the riot. The government found video of her — falling down as she entered — on surveillance videos by January 23. The government obtained phone and Google warrants to confirm that Dillon had been inside the Capitol the day of the riot. For some reason, the FBI only got around to interviewing Dillon’s father, ostensibly about Betancur, on April 21; the agent got Dillon’s father to confirm Dillon’s ID while they were talking.

This is similar to what happened with Patrick Montgomery, who like Betancur was arrested on January 17. Only after FBI exploited his phone and found some key pictures did they arrest a buddy he was with that day, Brady Knowlton, while pursuing two others.

These arrests of friends of early arrestees may reflect an FBI agent trying to get arrest numbers, but in a number of cases, they seem to reflect larger investigative strategies based on things investigators have found in the profiles of the original defendant. By my count there are about 18 cases of network arrests aside from the militia conspiracies, and about half of those look like they may be more interesting than friends getting scooped up together. I would expect to see more of this going forward.

Delayed arrests

The two month delay between the time DOJ identified active duty Marine, Major Christopher Warnagiris, as the person who played a key role in keeping the East door of the Capitol open after it was first breached on January 6 and when they arrested him on Wednesday is far more interesting.

As the arrest affidavit explains, FBI isolated Warnagiris as a suspect based on his conduct as shown in video, and then published a Be On the Lookout picture to figure out who he was. On March 16, a former co-worker IDed him, and on March 17, the FBI interviewed one of his current co-workers, who positively IDed Warnagiris.

And that’s it–that’s where the narrative in the affidavit, which was signed on Wednesday, ends. They get a BOLO-based tip on March 16, and get military witnesses to confirm his ID on March 17. And that’s all they’re telling us about who he is and what other evidence they have against him.

I’m sure that’s not all that has transpired since FBI discovered an active duty Major played a key role in keeping the East Capitol breach open.

All the while, someone who by dint of being an active duty service member has clearance, has (as far as we know) been going into Quantico every day for the almost two months since they IDed him. That’s … an interesting investigative decision.

Compare that narrative to the one told in the arrest affidavit of Timothy Hale-Cusanelli, the Army reservist and Nazi-sympathizer who worked as a contractor at Naval Weapons Station Earle in New Jersey. On January 12, an informant told the FBI that Hale-Cusanelli was at the riot, on January 14, the informant recorded a conversation in which Hale-Cusanelli admitted to pushing and shoving along with the rest of the mob. Hale-Cusanelli has been jailed since the very next day, January 15 (he is appealing his detention to the DC Circuit). Hale-Cusanelli has not been charged with assault and he is not known to have played such a key role in compromising the Capitol from a second side.

Now, for many defendants, I can see taking your time after the initial rush of arrests. After all, if they were going to delete their Facebook, that would have happened (and did happen, with a goodly number of defendants) by January 9. But Warnagiris seems like a more urgent risk.

And, remarkably, DOJ apparently did not ask for any special conditions on Warnagiris. He has no location monitoring, no restrictions on possessing a gun, no specificity to his travel around DC (most defendants have stay-away orders, but for people like Warnagiris who are local to DC, they’re sometimes restricted to their District). They did not ask him to surrender his passport. Now, perhaps something is also going on with him in the military. But the whole thing — on top of the inevitable shock of having an active duty officer arrested — raises more questions than other cases.

All of which is to say that, with a defendant who genuinely poses unique security risks, the government is now taking their time to flesh out their investigation.

I’ve said from the start that this investigation has been lightning quick. That’s still, absolutely, true. But there’s going to be a lot more happening behind closed doors in the weeks ahead.

DOJ’s Curious Militia Math

The government has responded to Ethan Nordean’s claim that texts that confirmed he was a recognized leader in the Proud Boys were exculpatory. In a filing that lays out more of how the Proud Boys responded — first with glee, then with cover stories, then with plans to regroup — to the events of January 6, DOJ includes a curious paragraph describing Enrique Tarrio establishing a very hierarchical upper leadership of the militia.

On December 29, 2020, the Proud Boys Chairman announced the leadership and structure of the Ministry of Self-Defense. The leadership and structure included an “upper tier leadership” of six people, which included Proud Boys Chairman, Nordean, Biggs, and Rehl. Later that evening, Donohoe explained the structure with reference to the upcoming trip to Washington, D.C. Among other things, Donohoe explained that the MOSD was a “special chapter” within the organization. The “special chapter” was not to have any interaction with other Proud Boys attending the event.

Other Proud Boys attending the event were to coordinate with their own chapters and “do whatever you guys want.”1

The filing goes on to describe the statements of, “one member (“Person-1”) of the upper tier leadership” and “another member of MOSD leadership (Person-2).” In addition, it describes the comments of our old friend UCC-1, an unindicted co-conspirator, clearly distinguishing that person’s legal risk from the others.

When UCC-1 was first introduced in the indictment against the Proud Boys Leadership, it was implied that both he and Charles Donohoe were also in the leadership MOSD, and described the total membership as the four indicted defendants plus “a handful of additional members.”

39. On after Chairman’s January 4, 2021, shortly after Proud Boys Chairman’s arrest pursuant to a warrant issued by D.C. Superior Court, DONOHOE expressed concern that encrypted communications that involved Proud Boys Chairman would be compromised when law enforcement examined Proud Boys Chairmans’ phone. DONOHOE then created a new channel on the encrypted messaging application, entitled, “New MOSD,” and took steps to destroy or “nuke” the earlier channel. After its creation, the “New MOSD” channel included NORDEAN, BIGGS, REHL, DONOHOE, and a handful of additional members.

40. On January 2021, at 7:15 p.m., DONOHOE posted a message on various encrypted messaging channels, including New MOSD, which read, “Hey have been instructed and listen to me real good! There is no planning of any sorts. I need to be put into whatever new thing is created. Everything is compromised and we can be looking at Gang charges.” DONOHOE then wrote, “Stop everything immediately” and then “This comes from the top.”

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

Perhaps it’s because I’m what one of Nordean’s buddies calls a “purple haired faggot,” and so can’t understand Tarrio hierarchical logic. But by my math, these two filings suggest the MOSD leadership looks like this:

  1. Enrique Tarrio (who correctly anticipated he’d be arrested in advance of the insurrection)
  2. UCC-1
  3. Joe Biggs
  4. Ethan Nordean
  5. Zach Rehl
  6. Person 1
  7. Person 2

One-two-three-four-five-six-seven. Not six, seven. And that’s assuming Donohoe is not part of the group, though the indictment had suggested he was.

Whether UCC-1 is in or out of that leadership group is a key distinction. The government has a presumed informant who said some of the most inflammatory things in advance of the insurrection:

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

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

If this person was an active informant for the FBI going in — as an Aram Rostom story suggests — it means someone at the FBI lost control of their informant and rather than punishing the informant for participating in an insurrection and not informing the FBI about it, it is giving the person a pass. It would mean that because this person had made accusations to feed Billy Barr’s demand for dirt on Antifa, he is getting a pass on insurrection.

But if this informant provided the FBI some kind of warning, then it means the Bureau failed, badly, because the FBI has claimed that it had no warning of events of the day, not even with multiple Proud Boys in its informant ranks, including, possibly, one with top level access.

Not to mention the fact, if this guy had the access some of these filings suggest, it raises real questions about why the FBI still doesn’t know precisely how the operation rolled out.

David Headley and Tamerlan Tsarnaev demonstrate that one way to plan a terrorist attack without the FBI seeing it is to serve as an informant. And if the Proud Boys managed to carry out fairly complex planning for an insurrection because so many of them were trading information on Antifa, it would mean FBI’s handing of informants, plus DOJ’s commitment, from the very top, to prioritize Antifa at the expense of right wing militia, were key ingredients to the success of January 6.

DOJ Got All the Proud Boy Telegram Texts from Ethan Nordean’s Phone

Judge Tim Kelly just wrapped up a status hearing with three of the four Leadership Proud Boy conspiracy defendants: Ethan Nordean, Joe Biggs, and Charles Donohoe (Zach Rehl’s attorney is still arranging her appearance before the DC court).

A really important detail came out about the Telegram texts that have been central to the conspiracy case against the defendants: According to Nordean’s attorney Nick Smith, they call came from Nordean’s phone.

He said that, in part, to anticipate some of the challenges he’ll make to the evidence. First, he’s going to claim the search was illegal and move to suppress it based off a ruling that the government has dropped that theory of crime (that won’t work under Fourth Amendment precedents, but you have to try).

More importantly, he said the government had gotten into the phone — rather than be forced to crack it, as they are doing with everyone else’s phone — because Nordean’s wife gave the FBI the passcode.

It had seemed like someone listed as Unindicted Co-Conspirator 1 may have shared them with the government. That person says some pretty damning things in the chats.

39. On after Chairman’s January 4, 2021, shortly after Proud Boys Chairman’s arrest pursuant to a warrant issued by D.C. Superior Court, DONOHOE expressed concern that encrypted communications that involved Proud Boys Chairman would be compromised when law enforcement examined Proud Boys Chairmans’ phone. DONOHOE then created a new channel on the encrypted messaging application, entitled, “New MOSD,” and took steps to destroy or “nuke” the earlier channel. After its creation, the “New MOSD” channel included NORDEAN, BIGGS, REHL, DONOHOE, and a handful of additional members.

40. On January 4, 2021, at 7:15 p.m., DONOHOE posted a message on various encrypted messaging channels, including New MOSD, which read, “Hey have been instructed and listen to me real good! There is no planning of any sorts. I need to be put into whatever new thing is created. Everything is compromised and we can be looking at Gang charges.” DONOHOE then wrote, “Stop everything immediately” and then “This comes from the top.”

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

42. On January 5, 2021, at 1:23 p.m., a new encrypted messaging channel entitled “Boots on the Ground” was created for communications by Proud Boys members in Washington, D.C. In total, over sixty users participated in the Boots on the Ground channel, including NORDEAN, BIGGS, REHL, DONOHOE, and UCC-1.

That, in turn, had led to speculation, and in no way just from me, that UCC1 had already flipped on his buddies and was cooperating.

What was said today appears to be inconsistent with that. Indeed, it seems all the talk of four informants from the Proud Boys working with the FBI mostly pertained to helping Attorney General Billy Barr gin up claims against Antifa, and not (yet, at least) informing on each other.

The Crossroads of Insurrection: The Senate Chamber Insurrection Defendants

In a recent motion opposing relaxing Larry Brock’s release conditions, the government revealed that it, “is continuing to investigate the Defendant for the offense of obstruction under Title 18 United States Code Section 1512(c).” Brock is the retired Lieutenant Colonel who, like Eric Munchel, brought Zip Ties onto the Senate floor. In spite of Brock’s online writings shortly after the election predicting that, ““Fire and blood will be needed soon,” Brock was charged only with misdemeanor trespassing for his role in the insurrection.

Since then, the Senate has been a locus of increased attention, as the government arrests more people with video of what happened there and rounds up the co-conspirators of those they arrested months ago.

That increased attention provides a way to look at the events of January 6 via a different lens. Rather than focusing on the most spectacular defendants — no one is more spectacular than Jacob Chansley, but Eric Munchel’s actions attracted attention away from others — by focusing on who breached the Senate, we can understand some of the logistics that allowed it to be breached. And by whom.

The picture we get, as a result, is a crossroads of the really aggressive participants of the January 6 insurrection, with cultists, militia members, GOP operatives, and curious tourists all represented.

I am assuredly not saying there was or is a conspiracy that joins all these people. While there are some pregnant unanswered questions about individuals like Leo Bozell, Bradley Barnett, Jacob Clark, and Patrick Montgomery — as well as conduct like assaults charged against Montgomery and DJ Shalvey that remain undescribed — there’s absolutely no reason to believe this was all coordinated. … Beyond, of course, the President calling out the mob on Mike Pence.

A focus on the Senate is useful, though, to show how the multiple breaches interacted. The first people who came in the West door (including the Hughes brothers), the Northwest door (including Patrick Montgomery and his buddies), and the East door (which is how Joe Biggs got to the Senate), all made it to the Senate before it was secured. Indeed, a number of people who made it to the Senate (like Ronnie Sandlin) were instrumental in opening the East doors from inside, before they reached the Senate. So looking at who got to the Senate how helps to clarify how all the three main breaches worked in tandem, and in fairly quick succession.

It’s also a reality check about the relative importance of various groups who breached the Capitol. While this is still an impartial picture, the narrative to date suggests that QAnon managed to get far more of their adherents to the Senate floor than either the Proud Boys (Joe Biggs and Arthur Jackman showed up after getting in with the help of people inside) or the Oath Keepers (Kelly Meggs and Joshua James showed up too late). QAnon held a prayer on the dais while the militias were still breaching doors.

There are a number of people who remain — publicly at least — unidentified, such as two of Patrick Montgomery’s associates or someone who shadowed Bozell.

This post, a description of those who breached the Senate organized alphabetically by the most important participant, is just a baseline from which to understand more about who go to the Senate and how.

Update: In comments a few people have explained what significance I attribute to continuances a few of these defendants, like Leo Kelly, have. It means several things. First, it means the person in question is immediately moving to discuss a plea deal. One of the defense attorneys here seems to have chosen to really aggressively seek such continuances (Kira West is a noticed attorney on three of these defendants: Leo Kelly and Christine Priola, both of whom got continuances before being formally charged, and Tony Mariotto, who was charged by information; in the latter two cases, though, West sponsored outside attorneys Pro Hac Vice). But from a narrative perspective, it means our understanding of what the government knows about the defendant is frozen at the moment the FBI agent writes an arrest affidavit, whereas with defendants who get detained and then challenge that detention, which include a high percentage of the defendants who made it to the Senate, we often learn what the government found on the person’s cell phone. One of the points I attempted to make here is that for a variety of reasons, the story told in the court filings leaves out significant and, in some cases, intentional gaps in the revelation of what the government knows.

Note: This is based of my own imperfect list of who was described as being where. Plus, I suck at visual identifications. Please let me know what I’ve missed in comments. 

Thomas Adams

Per his arrest affidavit, Thomas Adams traveled from Springfield, IL, and claims to have just followed the mob with an unnamed friend (probably Roy Franklin, who was interviewed along with him the day of the insurrection) up the scaffolding to what I believe is the Northwest door. The cops he saw after he entered the building “weren’t really doing much … just waiting to see if we’d try to push past them.” Soon thereafter, he entered the Senate, where he saw Jacob Chansley, who he thought was “hilarious.” This is a photo of Adams in the Senate.

Adams took a lot of video while he was in the Capitol, including footage from the Senate floor the government may be particularly interested in, including this image.

Adams was arrested on April 13, over three months after he appeared in an article describing his exploits that day, during a period when the government seemed to be arresting a lot of people who took a lot of video of key scenes. He was charged with trespassing and obstructing the vote count.

Tommy Allen

Tommy Allen flew to DC from Rocklin, CA. He was picked up on video recordings in the Senate from 3:03 to 3:10PM on January 6. In addition to this picture, he was filmed taking papers from the clerks’ desks at the front of the Senate and putting them in his back left pocket, as well as absconding with the American flag.

He would later tell a journalist he took a letter from Trump to Mitch McConnell from the then-Majority Leader’s desk.

Allen was arrested on January 22 after first a stranger and then someone who’d “interacted with him on a number of occasions” alerted the FBI to his Facebook posts, which he tried to delete after he returned home. The latter witness also told the FBI that he or she had heard that Allen had destroyed the documents he took in his backyard.

Allen was charged with trespassing and (probably misdemeanor) theft; after he was formally charged with the same charges on February 2, he wasn’t arraigned until April 8.

Bradley Bennett and Rosie Williams

At some point on January 6, QAnoner Bradley Bennett and his partner Rosie Williams seemed to pray with DJ Shalvey and two others.

And they appear to have gotten in the Capitol the same way that Andrew Griswold did (so probably the East entrance, after those doors were opened from inside). They also made it to the Senate.

Those images would seemingly expose the couple mostly to trespass charges — and indeed, that’s all Rosie got charged with, both on their arrest complaint and their indictment.

But from the start, Bennett responded to his pursuit with obstruction. First, per a tipster who had tracked Bennett for his QAnon postings, Bennett deleted most of his January 6 postings within a day of the event.

Publicly, on the day of the event, Bennett blamed Antifa instigators.

But Bennett texted an associate the same day and clarified that Jacob Chansley was not Antifa.

Bennett and Chansley now share an attorney, Albert Watkins.

Then, after the FBI arrived in Kerrville, TX on March 23 to arrest the couple based off a March 19 warrant, only Rosie was there to be arrested. Per a motion for detention, Bennett had left on March 13 (though one of his sisters claims they split up in February), rented a car, drove to North Carolina, then went to stay with a friend in Fort Mill, South Carolina for two weeks, then hid for another 10 days until finally agreeing to turn himself in on April 9. He stopped using his cell service in that time period and stopped posting to Facebook, shifting to Telegram instead. At some point, he got rid of his new iPhone 11, claiming it did not work (there’s still some uncertainty about when and why he ditched the phone).

Bennett’s efforts to evade arrest may well arise out of nothing more than QAnon paranoia. Though several other aspects about him suggest he may have a more sophisticated Q-related grift going on. But he had attracted attention, even among Q adherents, even before January 6, and he was among the most elusive defendants of all January 6 arrestees.

Joe Biggs and Arthur Jackman

That Joe Biggs made his way to the Senate chamber did not show up in his arrest affidavit, or the first several filings in his case. It was mentioned in the “Leadership indictment” charging Biggs and three others with a conspiracy to obstruct the election certification.

64. Thirty minutes after first entering the Capitol on the west side, BIGGS and two other members of the Proud boys, among others, forcibly re-entered the Capitol through the Columbus Doors on the east side of the Capitol, pushing past at least one law enforcement officer and entering the Capitol directly in front of a group of individuals affiliated with the Oath Keepers.

65. After re-entering the Capitol by force, BIGGS and another member of the Proud Boys traveled to the Senate chamber.

But that indictment, released on March 10, may have increased the urgency of the focus on the Senate, as it showed that Biggs entered the Capitol twice — first in the initial wave, through the West door, and then through the East door — in a kind of pincer movement and after doing so went to where Mike Pence had only recently been evacuated.

I’m not sure I’ve seen pictures of Biggs in the Senate. But the arrest affidavit for Arthur Jackman — with Paul Rae, one of two Floridians who tailed Biggs around that day — shows him, after twice being caught walking with his hand on Biggs’ shoulder…

… And posing with Biggs and Rae for a selfie on the East steps …

Jackman’s affidavit shows him in the Senate (where we know Biggs also went).

And taking this selfie with his Proud Boys emblazoned cell phone.

In fact, the investigation into Jackman (at least as described in the affidavit) started when a friend of Jackman’s shared that selfie — which Jackman had first sent to a childhood friend — with the FBI.

When interviewed by the FBI on January 19, a good two months before he was arrested, Jackman explained that he had joined the Proud Boys in 2016 as a way to support Trump, refused to say whether he had entered the Capitol, but claimed the Proud Boys weren’t there to infiltrate it as [this makes no sense] it was not a sanctioned Proud Boys event.

It’s going to be hard to argue he didn’t breach the Capitol as part of a Proud Boys’ event (twice!) when he did so each time tailing along behind Joe Biggs.

Joshua Black

Joshua Black claimed that God instructed him to drive to DC and take part in events on January 6, and he came with his knife. He was at the front of the mob pushing past barricades before the initial breach of the Capitol (though it’s not clear whether he was pushing himself or being pushed from behind), and after being hit in his face with a plastic bullet, he then walked around the Capitol and entered the East side, at the forefront of another mob. Then he found the Senate Chamber.

While there, he joined others in rifling through and photographing papers on the desks and then in prayer. He ordered someone else (maybe Christian Secor?) to get out of the presiding officer’s chair and not to be disrespectful, and ordered others not to loot the place.

He self reported after he showed up in media coverage, and then later admitted to the FBI he brought the knife that would significantly expand his legal exposure.

He was formally charged with obstruction, and the trespassing charges against him were enhanced because of that knife. He spent over three months in jail, in part because an Alabama Magistrate believed he might be dangerous if he came to believe God ordered him to commit violence. After a hearing on April 23, Amy Berman Jackson released him to home confinement.

Leo “Zeeker” Bozell

Someone whose kids went to school with Zeeker Bozell’s kids tipped of the FBI on January 14 that he had been part of the riot.

Then later, when CNN published footage from the New Yorker on the Senate rioters, that same tipster alerted the FBI to that, too, circling the scion of the movement conservative, Leo Bozell, in the picture.

After being interviewed by the FBI on January 19, the same very persistent witness followed up again on January 24 with this YouTube video that included a fleeting glimpse of Bozell, this time on the balcony in the Senate.

The clip itself is innocuous. But the crowd it captures on the balcony, possibly a convergence of the first people to arrive, may be far more important.

What may have finally piqued the FBI’s interest in the son of a prominent Republican operative were the videos showing that while Bozell was up on the balcony — before anyone was on the floor of the Senate — he and a much younger man (Mike P persuasively argues that this is Bruno Cua in comments) took steps to ensure that two cameras would not capture what was about to happen on the Senate floor.

Bozell was originally charged with trespassing and obstruction on February 11; he was arrested 6 days later. It wasn’t until his indictment on March 12 — two days after Joe Biggs was indicted in the “Leadership” indictment — that Bozell was charged with doing or abetting $1,000 of damage while forcibly entering the Capitol, the same charge used to detain some Proud Boys and Oath Keepers prior to trial. But in spite of being implicated in a crime of violence, Bozell was released on personal recognizance.

Larry Brock

Larry Brock is the less famous of the two Zip Tie Guys in the Senate that day, though Brock was even more kitted out than Eric Munchel. According to his arrest affidavit, within two days of the riot, Brock’s ex-wife called the FBI and told them he had been on the Senate floor. That same day, someone who knew of Brock’s Air Force background and ties to defense contractor L3 also tipped off the FBI.

Brock is one of the people (Oath Keepers Kelly Meggs and Joshua James were recently disclosed to be others) who also made it to Nancy Pelosi’s office, suggesting he was hunting top legislators. Yet, even though videos show Brock lecturing the other insurrectionists that, to win the I/O (information operation) war, they needed to avoid damaging anything, and even though Brock’s social media shows he had started talking war days after the election and mused that, “I really believe we are going to take back what they did on November 3,” while traveling to DC, the government only charged him with misdemeanor trespass (though as noted above, they’re still weighing obstruction charges for him).

Jacob Chansley

Jacob Chansley’s strutting poses have made him the poster child of the insurrection, but the self-billed “Q Shaman” was well know to those who tracked extremist organizing and QAnon before January 6.

As with Joshua Black, the FBI didn’t need to come looking for Chansley. He called them on January 7 and admitted he was the guy with animal pelts and no shirt.

Even though Chansley was originally charged on January 8 only with trespassing, an indictment obtained 3 days later charged him with obstruction and civil disorder. When Royce Lamberth denied Chansley’s bid for pre-trial release, he treated the spear Chansley had brought as a dangerous weapon, which will make his trespassing charges a felony as well.

Amid all the discussions about Chansley since he was arrested, one thing has gotten little public attention: his admission that he traveled to DC with some other people from Arizona, people who no doubt would implicate him in an extremist network that predated January 6. Unless I’ve missed it, that network hasn’t been implicated together.

Jacob Clark

The government got an arrest warrant for Jacob Clark by March 5. It appears to be based largely off using facial recognition to match his Colorado driver’s license to nine different pictures obtained from surveillance videos from the Capitol, corroborated by one person who knows him. They also used returns from the Google GeoFence warrant to show he was inside the Capitol from 2:15 until 3:25PM the day of the riot and returns from a Verizon warrant showing him driving from Colorado to DC from January 4 to 5 and then returning starting on January 7.

Because the government didn’t arrest Clark until April 21, over six weeks after obtaining the warrant, the warrant affidavit surely only shows a fraction of what the government knows about him. Even still, the affidavit shows Clark to have been like Where’s Waldo during the time he was in the Capitol, with surveillance footage showing him in four different confrontations with police in four different locations, each time seemingly pushing the cops to let rioters run through the building. The most easily identifiable (though he was also in the Rotunda as it was breached) shows that Clark took part in the exchange with plain clothes police outside the Senate gallery that Nate DeGrave was also charged for.

What’s interesting is the video shows that Clark got to that hallway over a minute before almost everyone else.

Clark was charged with civil disorder, obstruction, and trespassing, but perhaps because he was only recently arrested, he has not yet been indicted.

Josiah Colt, Ronnie Sandlin, and Nick DeGrave

I described here how these three men planned and outfitted for the insurrection together. The key takeaway from that post for the purpose of this one is that Sandlin and DeGrave are accused of tussling with cops so as to permit the East door of the Capitol to be opened (through which some key conspirators rushed), but also of fighting with cops just outside the Senate Chamber (along with Jacob Clark, above, and with Christian Secor watching) so as to permit the Chamber itself to be breached.

Only Josiah Colt is recognizable among these three, but his two buddies played pretty key roles in the success of the larger insurrection.

Elias Costianes

The FBI received a tip on January 8 that Elias Costianes had posted videos of his participation in the riot on his Snapchat account. On January 19, the tipster provided the videos he uploaded. Those showed Costianes filming himself in the Senate, outside Pelosi’s office, and possibly watching the East doors being breached. He was charged on February 3 with trespassing and obstruction and arrested on February 12. He was indicted on the same charges on March 3, and his case has been continued since, meaning there’s no explanation for why he knew precisely where to go in the Capitol.

Bruno Cua

Cua, a spoiled 18-year old whose own parents enabled his participation in the insurrection, was part of the mob that fought to get into the Senate Chamber (along with Sandlin, DeGrave, and Clark). According to his arrest affidavit, he was turned in by local police officers, who knew him because he has a history of pissing off his neighbors and ignoring orders. He was charged on January 29, arrested on February 5, and indicted on February 10. He was charged with obstruction, civil disorder, and assault/resisting, and his trespass charges were enhanced because he carried a baton with him. Even after the insurrection, Cua still endorsed violence.

Violent protests against the capital (NOT SMALL BUSINESS’S) are well within our constitutional rights

Dear Swamp Rats, The events at the capital were a reminder that WE THE PEOPLE are in charge of this country and that you work for us. There will be no ‘warning shot’ next time.

Everyone who works in congress is a traitor to the people and deserves a public execution.

But beyond details from his social media posts, there was nothing from an extended detention fight that illuminated more about Cua’s ties.

Andrew Griswold

For all we can tell from the court filings, Andrew Griswold is just some guy who went to the Senate floor along with a bunch of other people who wanted to prevent the vote count.

But there are a few interesting features of his case. Someone else who went to the Senate helped get Griswold, from Niceville, Florida, arrested. His Febuary 26 arrest affidavit, describing how he was one of the first people to come through what must be the East door after it was opened with the help of Sandlin and DeGrave, relies, in part on,

camera footage obtained from an individual (W-2) who also entered the Capitol on January 6. At multiple points during the video, an individual who appears to be GRISWOLD is visible, wearing a camouflage jacket.

[snip]

At one point in the video, W-2 walks through a hallway, and GRISWOLD is visible ahead. W-2 then enters the Senate gallery, and GRISWOLD is again visible, as seen in the screenshot below:

The discovery shared with Griswold may describe this as, “One clip from a video obtained in another investigation” which the government deems as Sensitive.

Magistrate Michael Harvey approved Griswold’s arrest warrant on February 26. But the first arrest warrant against him was quashed by Harvey, apparently on March 1; the arrest warrant that Harvey approved is also dated March 1. Griswold was arrested on March 5 and that same day he and his attorney stipulated to the fidelity of the FBI image of his phone so he could get it returned, which is a reasonable thing to do if you want to avoid buying a new phone but very rare among January 6 defendants (indeed, Vitaly Gossjankowski won’t so stipulate with his laptop, even though that has expensive software on it to assist his hearing disability). Griswold was charged with trespassing and obstruction, but almost two months after his arrest, he has not been formally indicted.

Apparently as part of Griswold’s efforts to get the DC pretrial release conditions imposed rather than the local FL ones (the conditions differ in terms of the travel restrictions, the reporting requirements, restrictions on alcohol and other drugs, and — most notably — restrictions on the right to retain a legal firearm), the original Florida judge in his case recused and another granted Griswold’s request. All subsequent January 6 defendants seem to be having restrictions imposed on gun ownership, so that may have been the issue.

Paul Hodgkins

In an interview on January 26, four days after an acquaintance provided the FBI with a selfie he posted to Parler, Paul Hodgkins told the FBI that he traveled to DC alone, on a bus, and didn’t know any of the people engaged in violence or destruction around him. But before he started rifling through things on the desks in the Senate, he put on some white latex gloves, which is a curious bit of preparation for a guy who just hopped on a bus alone.

Hodgkins’ release conditions — initially, with a $25,000 bond and high intensity supervision, though with the bond later dropped by Magistrate Merriweather and then his curfew loosened by Judge Randolph Moss — were much stricter than other defendants charged, like he was on March 5, with trespassing and obstruction. (That could either stem from a strict local magistrate or from a prior arrest record.) In both of Hodgkins’ appearances, his lawyers have talked about making a plea deal.

Jerod  and Joshua Hughes

Jerod and Joshua Hughes are brothers from Montana. They watched as Dominick Pezzola busted through a window to break into the Capitol, were among the first 10 people in (amid a group that included Proud Boys who — like them — are from Montana), then Jerod kicked the door open to allow other rioters in behind them.

They went from there immediately towards the Senate floor, following Officer Goodman closely behind Doug Jensen.

Once inside the Senate, Jerod set about ransacking desks as Christian Secor, holding his America First sign, looked on.

That’s about all their arrest warrant, charging them with civil disorder, damaging government property, obstruction, and trespassing describes. They turned themselves in on January 11 after the FBI released their pictures on a BOLO. They were indicted on February 10. Since that time first Jerod, then Joshua, have moved for bond, which Judge Tim Kelly granted to both on April 7.

Those detention disputes, revealed that the brothers had driven over days to attend Trump’s rally. They claimed, at first, that they had gone to the Capitol in response to Trump’s exhortations. But after the prosecutor reviewed the Cellebrite report from Jerod’s phone on April 5, the government discovered texts showing buddies had funded the trip, and that Jerod claimed that he was behaving as a model citizen by participating in an insurrection.

Defendant: Ah we didn’t do anything crazy like destroy shit or fight the cops. Trespass and vandalism. Meh. I’ve done time. It’s josh I worry about.

Person Five: It’s the trespassing I worry about, but there may have been so many of you that figuring it out is more trouble than it’s worth. Were you in the photos? I could only see josh

Defendant: They got my ugly mug up and down. Trespassing ain’t shit. I feel like I was behaving like a model citizen ready to reclaim my country. Not enuff people followed.

Jerod said to someone else that they had wanted to hold the place but didn’t have numbers to accomplish that.

Person Six: How was it

Defendant: Insane on a few different levels.

Defendant: I saw picture [sic] of me and josh already on the news. Not enough people followed us in to hold the place. We had to get the fuck out.

The government also noted — attributing it to a picture on Jerod’s phone though they surely would have had it before — that the two had been present in the Senate Gallery, as well as the Senate floor.

Leo Christopher Kelly

Leo Kelly did an interview the day of the riot — after being among the first people in the Capitol and praying with others on the dais of the Senate — expressing some reservations about invading other people’s space. He asked a Deputy US Marshal to tell the FBI he would turn himself in if an arrest warrant were issued. He was arrested, just on trespassing charges, days later. Since that time, the government has twice deferred formally charging him, with the next deadline for a preliminary hearing set for May 10.

Anthony Mariotto

Like fellow Floridian, Arthur Jackman, Tony Mariotto was first IDed after he shared a selfie from the Senate Gallery and a friend shared it (after Mariotto had deleted his Facebook account) with the FBI.

Mariotto was in Georgia when the FBI first caught up with him. But when they asked, he immediately returned to Florida, and, on January 19, handed over his phone to be imaged. Three days later he was arrested. On February 8, he was formally charged with trespassing.

His arrest affidavit, which describes, “other videos that were recorded inside the Capitol Building during the events of January 6, 2021,” doesn’t describe what was on those videos. They may be among those that implicate others who entered the Senate.

Patrick Montgomery and Brady Knowlton

The investigation of Patrick Montgomery is a useful snapshot for understanding the Senate as a crossroads. As I wrote here, his acquaintances started turning him into the FBI the day after the insurrection, leading to his arrest and formal charge on misdemeanor trespassing charges by information. Even while that was happening, the FBI was investigating a guy who showed up in one of his pictures from the day, Brady Knowlton.

Knowlton’s arrest affidavit implicated two other guys, one that a witness who has been in a lawsuit with Knowlton for years described as Knowlton’s “right-hand man,” but who remains unnamed and uncharged. And surveillance images of Knowlton and Montgomery IDed someone — the guy in the hoodie who entered the Capitol with Knowlton and Montgomery — whom FBI either declined to name or had not yet IDed when they got the Knowlton arrest warrant.

The three of them went to the Rotunda — where people were opening a third breach to the Capitol — and from there to the Senate, with Knowlton filming from his camera the entire time.

When the government indicted Montgomery and Knowlton on April 16, they not only charged both with obstruction, but they added assault and civil disorder charges against Montgomery for an unidentified exchange with cops.

So in addition to the assault that Montgomery allegedly was involved in, this thread still leaves two men unidentified.

Christopher Moynihan

Per his arrest affidavit, Christopher Moynihan is another of the people who rifled through official papers when he got to the floor of the Senate on January 6. g “There’s got to be something we can use against these fucking scumbags,” he was quoted as saying. In the wake of the New Yorker video, two of Moynihan’s former co-workers alerted the FBI to his identity. He joined the prayer on the dais, but with a sour face that made it look like he was just going along. He was arrested on February 25 and indicted with the same obstruction and trespassing charges on March 17.

Eric Munchel and Lisa Eisenhart

Eric Munchel and his mom, Lisa Eisenhart, quickly became the focus of both legal and press attention given his spectacular appearance on the floor of the Senate with Zip Ties.

They were arrested early — on January 15. Munchel’s admission to having a taser when he breached the Capitol increased both’s legal exposure under a deadly weapon enhancement. But Munchel’s general compliance with law enforcement also helped to convince the DC Circuit they would not be a threat going forward.

After the events of January 6, Munchel apparently considered joining Proud Boys. But instead, he’s now the poster child both for the threat of kidnapping, but also for a DC Circuit standard of bail that treats involvement in a terrorist event as a historical threat, and requires detention decisions to consider whether the same people pose a forward-looking terrorist threat.

The more important point for the purposes of this post is that the government has not yet shown proof that Munchel or his mother did more than recognize the two militias as they were engaged in armed MAGA tourism while holding zip ties.

Christine Priola

According to her arrest affidavit, the government identified Christine Priola’s presence in the Senate chamber within days, based in part on the sign she carried reading, “The Children Cry Out for Justice,” perhaps suggesting a QAnon affiliation. Curiously, the affidavit explains that she and others — the first people in the Senate — “entered the restricted floor area of the Senate chambers and took photographs of the evacuation of the Senate chambers that were required based on the unauthorized entrance,” suggesting the rioters arrived even earlier than the impeachment case had made out.

After a tip on January 8 from someone in Cleveland that Priola, who worked for the Cleveland School District, was the one holding the sign, the FBI searched her home and seized her devices — on which she had filmed events in the Senate — that same day. But when the FBI imaged her phone, there were no photos, videos, chats, or messages from January 4 through 7, and the location of the phone was also unavailable until 4:23PM on January 6, when her phone showed up northeast of the Capitol.

Priola was arrested for trespassing on January 14, but since then her case has been on hold, without even an Information to show whether the FBI obtained more information on why her phone had been cleared within two days.

Michael Roche

Michael Roche is one of the people who joined Jacob Chansley in prayer on the Senate dais. The story of how he came to be arrested — and why he was not arrested until April 13 — remains a muddle. He was IDed on February 8 when law enforcement found a video he made posted to someone else’s account. In the video, he admitted that,

We did get a chance to storm the Capitol. And we made it into the chamber. . . . We managed to convince the cops to let us through. They listened to reason. And when we got into the chamber … we all started praying and shouting in the name of Jesus Christ, and inviting Christ back into out state [sic] capitol.

That seems to have led the FBI to this photo was posted by Seth Roche, explaining that he took the picture before people started claiming that Jacob Chansley was Antifa and explaining (I think) that his brother had stood shoulder to shoulder in prayer with Chansley, “in the main capital [sic] chamber [sic] holding up the Bible.”

Roche’s arrest affidavit suggests the FBI found both those posts before the New Yorker posted its story on January 17 with the video of Chansley, Roche, and others praying.

According to the arrest affidavit, nothing else happened until US Marshals, in an effort to find a missing child, knocked on Roche’s door, thinking the child’s family lived there. Roche told the Marshals he thought they were coming to arrest him. When the Marshals informed the FBI that same day, the FBI got the Marshal to ID Roche as the person in the NYer.

Again, all that happened by February 2. It wasn’t until April 7 when the FBI submitted his arrest affidavit. The affidavit not only has no more recent evidence in it, but it doesn’t really explain why Roche (unlike — say — Larry Brock) got charged with obstruction along with trespassing.

Those questions further raise the question about whose Facebook his interview appeared on, because that person may be the real person of interest associated with Roche.

Christian Secor

It seems like Christian Secor’s classmates at UCLA jumped on the opportunity to report Secor’s involvement in the January 6 insurrection. Eleven people, many of them students, IDed Secor as one of the people who had sat in the presiding officer’s seat or otherwise shown up in the New Yorker video of the Senate occupation.

But Secor did more than tour the Senate. The surveillance videos the FBI included with his arrest affidavit show Secor was among those who shoved the East doors open from inside.

He was close to  the brawl outside the Senate gallery doors involving Nate DeGrave, Ronnie Sandlin, and Jacob Clark.

There’s even a clip of him just behind the woman that the FBI suspects of having Nancy Pelosi’s laptop (per a Homer, AK woman who claims she was mistakenly IDed as such).

There’s no reason to believe Secor and this woman are together, but the proximity is interesting given that Riley June Williams, also a Groyper, allegedly first took the laptop.

Secor was arrested on suspicion of assault, civil disorder, obstruction, and trespassing on February 16 and indicted on those same charges on February 26. In March his lawyer moved to get him released in time to finish his UCLA finals. The government tried to oppose his release, pointing in part to his pro-fascist views, in part to the weapons he had been acquiring and in part to his alleged attempts to cover up his involvement. But Judge Trevor McFadden released him on a $200,000 bail with a rather curious kind of home incarceration that lets him out to work.

DJ Shalvey

DJ Shalvey is the guy wearing an undersized hard hat depicted in videos of people rifling through papers in the Senate. He’s quoted thinking Ted Cruz sold them out before others tell him, no, Ted Cruz was right there with the insurrectionists.

The FBI obtained an arrest warrant for him after two long-time associates alerted the FBI, one of whom shared selfies that Shalvey sent him the day of the riot, by February 12. But he wasn’t arrested until March 9, reportedly after turning himself in. Somewhere along the way he must have interviewed with the FBI, though, because his (still undocketed) indictment released Friday not only added assault and civil disorder charges against him, as well as theft charges for taking a letter from Mitt Romney to Mike Pence, but they also made Shalvey the rare if not only January 6 defendant charged with lying to the FBI about that assault.

 

Ethan Nordean’s Funny Idea of Exculpatory

In a filing overnight probably designed to feature in his appeal of his detention, Ethan Nordean accuses the government of sitting on exculpatory information.

Among the Telegram texts that Nordean posts is one showing that he remained in a leadership position — able to make a decision to ban Proud Boy rallies for three months — on January 21, over two weeks after the insurrection (the “owner” moniker may also suggest he ran the Proud Boy channel in question).

Another thing that Nordean thinks is exculpatory is another commenter claiming that “nothing could be further than the truth” than that the Proud Boys “led the Trump rally to the capitol.”

It’s a fair point from Captain Trump actually.

But that’s because the Proud Boys weren’t at the Trump rally. Instead, they were at the Capitol, with no excuse about coming to hear Trump.

Which makes Nordean’s citation to his own comment about Joe Biggs’ complaint pretty damning as well.

Biggs’ complaint, which was built entirely off public comments about Proud Boy planning, shows a picture of a large Proud Boys group already close to the Capitol by 12:15. It shows their use of radios (they would get details of the preplanned channel they used weeks later). It shows a group wearing pre-coordinated orange hats.

It also describes how Proud Boys started recruiting people to come to DC no later than December 29.

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.”

11. Separately, BIGGS has described the Proud Boys’ efforts, in general, to plan for demonstrations and events attended by the Proud Boys. In an interview that was purportedly taped in December 2020 and posted online on or about January 3, 2021, BIGGS described how he, as an organizer of Proud Boys events, sets about planning them. BIGGS explained, in part:

When we set out to do an event, we go alright, what is or main objective? And that’s the first thing we discuss. We take three months to plan an event. And we go, what’s our main objective? And then we plan around that, to achieve that main objective, that goal that we want.

In other words, the complaint that Nordean complains (at a time when a number of people he interacted that day had already been arrested) shows pre-planning not to attend a Trump speech — which is what tens of thousands of people were planning on doing that day, but instead to not attend a Trump speech, and instead wait by the Capitol for key events to transpire.

In any case, Nordean explains one reason why these texts weren’t provided right away: because he asked just for five days of Telegram chats at first, not the later ones. These aren’t the texts that, Nordean believed, were going to be the most helpful.

On March 25, Nordean requested that the government produce, at least by March 30, Telegram chats on Nordean’s phone sent and received between 1/4/21 and 1/8/21. Nordean did not say that no other chats should be produced, nor did he waive any right to Brady material of which the government was aware. On March 9, Nordean served a discovery letter on the government seeking all of the defendant’s statements and requesting that Brady material be produced according to the schedule in Rule 5.1.

Another likely reason is that a protective order has not been signed in this case yet, as compared to a slew of other ones, meaning prosecutors are still going to focus on the evidence backing the indictment (and so the texts from before the insurrection, not after).

The charges already allege that Charles Donohoe encouraged everyone to write exculpatory things in their Telegram chats starting on January 5, in the wake of the Enrique Tarrio arrest. And here, Nordean managed to still provide evidence of a claim he has earlier contested: that he had a leadership role in this militia group.

In Adding Matthew Greene to a Conspiracy with Dominic Pezzola, DOJ Formally Alleges the Proud Boys Committed a Crime of Terrorism

At a detention hearing for Charles Donohoe yesterday, Magistrate Judge Michael Harvey asked a long series of questions, including what a “normie” is, what Telegram is (it is stunning that a DC Magistrate doesn’t know that, but that’s a testament they won’t accept US legal process), and whether “Milkshake,” who had been described saying a lot of really damning things in an organizational channel, was part of the conspiracy. AUSA Jason McCullough said that DOJ is still assessing Milkshake’s — whose real name is Daniel Lyons Scott — criminal liability, but since he was filmed fighting with some cops, I’d be arranging legal representation if I were him.

Along the way, however, the questions led McCullough to provide several new details on the Proud Boy conspiracy. One question he didn’t answer is whether the government knows that Donohoe succeeding in “nuking” some texts describing organizational efforts, as he described wanting to do after Enrique Tarrio got arrested.

McCullough also revealed something that was not yet public: the government had rounded up another Proud Boy, Matthew Greene, and indicted him in what I call the Proud Boy “Front Door” conspiracy along with Dominic Pezzola and William Pepe. In doing so, they did something more important for their larger case. First, they changed the purpose of the conspiracy from what it was originally charged to match all the other militia conspiracies (from busting through the first door to obstructing the vote count). Here’s what the militia conspiracies currently look like as a result:

It was probably fairly urgent for DOJ to do this (and Greene’s inclusion may have been just a convenient rationale). Here’s how the indictment changed from the original Indictment to the Superseding one (S1):

In general, the government is charging Pepe and now Greene with more than they originally charged Pepe with based on a theory that they abetted Pezzola’s alleged crimes. But the critical change is highlighted. Originally (marked in pink), just Pezzola was charged for breaking the window through which the initial breach of the Capitol happened. But in this indictment (marked in yellow), DOJ charges Pepe and Greene for abetting Pezzola in breaking that window.

The reason they did this is because 18 USC 1361 is the crime for which DOJ is arguing that all key Proud Boy defendants can be detained pre-trial, not just Pezzola, but also Joe Biggs, Ethan Nordean, Zach Rehl, and Charles Donohoe. In detention hearings, the government has argued that it counts not just as a crime of violence that allows the government to argue that a defendant is eligible for detention, but also that, because it was done to coerce the conduct of government, it triggers a terrorism designation for detention purposes.

This is how the argument looks in detention memos:

As it did before, the United States moves for detention pursuant to 18 U.S.C. § 3142(e)(3)(C), which provides a rebuttable presumption in favor of detention for an enumerated list of crimes, including Destruction of Property in violation of 18 U.S.C. § 1361. The United States also seeks detention pursuant to 18 U.S.C. § 3142(f)(1)(A), because Destruction of Property, in violation of 18 U.S.C. § 1361, is a crime of violence. Moreover, when Destruction of Property is “calculated to influence or affect the conduct of government by intimidation or coercion,” it also qualifies as a federal crime of terrorism. See 18 U.S.C. § 2332b(g)(5)(B).

This was an issue in the Monday detention hearing before Judge Tim Kelly for Biggs and Nordean. After the hearing, he required the government to submit a picture of Pezzola breaking that window.

And it will likely become an issue when Joe Biggs, at least, appeals his detention, as he noticed he would do yesterday (it would be a still bigger issue in Nordean or Donohoe’s case).

In fact, the government has been making this argument for some time.

But it wasn’t until this supserseding indictment that the government formally aligned Pezzola’s actions — including spectacularly breaking that first window with a riot shield — with the rest of the Proud Boy indictments, in fact making them (as the government has already argued) the same conspiracy, a conspiracy involving terrorism.

Tables Flipped: With Cooperation Agreement, Oath Keeper Jon Schaffer Will Get Protection from US Marshals

As I’ve been suggesting might happen for some time, heavy metal musician Jon Schaffer just pled guilty, the first of any January 6 defendants to plead guilty. While many of the documents pertaining to his plea have not been released yet, his information has. He pled guilty to Obstruction of an Official Proceeding and Entering a Restricted Area with a Deadly Weapon (for the bear spray he sprayed at police). On the Obstruction charge, Schaffer is facing serious enhancements for the bear spray. But with the plea, Schaffer will avoid what was surely going to be an assault charge, as well as inclusion in the Oath Keeper conspiracy. And all that’s before the cooperation he has agreed to provide prosecutors, which should help him cut his criminal exposure significantly, especially as the very first January 6 defendant to plead guilty.

From the sounds of things — prosecutor Ahmed Baset described Schaffer as the “tip of the mob” breaching the building and said he entered at 2:40 — Schaffer will be implicated in the breach of the east entrance to the Capitol, meaning his testimony may implicate everyone who went in with him (likely including all the currently charged Oath Keepers, Joe Biggs, and several other Proud Boys). [Update: Schaffer went in the west door, not the east one, but the timing is still of acute interest, as it means the door Schaffer went in was breached at the same time as the east door.] DOJ might be thinking of naming Schaffer an unindicted co-conspirator on the Oath Keeper conspiracy, which would put all of them on the hook for Schaffer’s violent actions, dramatically increasing their criminal exposure.

In addition, Schaffer’s plea sets an important precedent on several legal issues that will be contested by other defendants, Oath Keeper or not. Those include:

  • Whether bear spray is a deadly weapon (which will affect the men accused of attacking Brian Sicknick and others — like Roberto Minuta — who brought bear spray into the Capitol)
  • Whether the vote count and Mike Pence’s presence in the Capitol made the building a “restricted building” for the purpose of 1752
  • Whether obstruction — normally used for criminal prosecutions — applies to the vote count (this is particularly critical, as it is how DOJ has made participation in the insurrection a felony for the more serious defendants)
  • Whether two enhancements — for violence and significant interference — apply to the obstruction charge

As Judge Amit Mehta noted, this doesn’t preclude litigation in other cases, but both sides agreed that this legal stance applies to the January 6 riot.

Schaffer will be released from jail, meaning he can return to touring as a musician (which was likely one of the big inducements for him to plead).

But the most remarkable thing about this plea agreement comes with the public nature of it. Mehta had thought that DOJ would want to do this in sealed fashion, but Baset was quite clear that DOJ wanted this to be public. That means everyone will know that Schaffer is a key witness against a highly trained militia.

And one of the things Mehta seems to have raised in a closed part of the hearing is that that puts Schaffer at great risk.

So DOJ agreed that Schaffer — who on January 5 was among the Oath Keepers purportedly providing “security” for Roger Stone — will be provided security by US Marshals under DOJ’s witness protection program.

A member of Roger Stone’s “security” detail will for the foreseeable future, then, be provided with “security” by the US government.

Update: Here’s his plea. He signed it Wednesday, which means it’s likely he had a grand jury appearance Friday morning before he allocuted before Judge Mehta. [Fixed my day of the week problems.]

Update: They’ve calculated Schaffer’s base offense level, before reductions for pleading, to be 25, which would represent a sentence of 57-71 months in the sentencing table. If they add Schaffer as an unindicted co-conspirator to the Oath Keeper conspiracy, it would put them on the hook for his violence, even before the conspiracy charge.

Update: I was being a bit loose with my reference to Stone. The Oath Keepers, in which Schaffer has pled to be a member, provides security for Stone. While Schaffer associates with some of the people who did provide security, there’s no evidence he personally did.

DOJ Arresting Their Way to Clarity on Joe Biggs’ Two Breaches of the Capitol

The Proud Boys Leadership conspiracy indictment describes that Joe Biggs breached the Capitol twice.

He entered first on the west side through a door opened after Dominic Pezzola broke through an adjacent window with a riot shield.

At 2:14 p.m., BIGGS entered the Capitol building through a door on the northwest side. The door was opened after a Proud Boys member, Dominic Pezzola, charged elsewhere, used a riot shield at 2:13 p.m. to break window allowed rioters to enter the building and force open an adjacent door from the inside. BIGGS and Proud Boys members Gilbert Garcia, William Pepe, and Joshua Pruitt, each of whom are charged elsewhere, entered the same door within two minutes of its opening. At 2:19 p.m., a member of the Boots on the Ground channel posted, “We just stormed the capitol.”

Then, Biggs left the building, walked around it, took a selfie from the east side, then forced his way in the east side and headed from there to the Senate.

BIGGS subsequently exited the Capitol, and BIGGS and several Proud Boys posed for a picture at the top of the steps on the east side of the Capitol.

Thirty minutes after first entering the Capitol on the west side, BIGGS and two other members of the Proud boys, among others, forcibly re-entered the Capitol through the Columbus Doors on the east side of the Capitol, pushing past at least one law enforcement officer and entering the Capitol directly in front of a group of individuals affiliated with the Oath Keepers. [my emphasis]

Understanding Biggs’ actions — including whether they were coordinated with the Oath Keepers who entered at virtually the same time as him (including fellow Floridian Kelly Meggs, who had just “organized an alliance” with the Proud Boys in December) — is crucial to understanding the insurrection as a whole.

That’s particularly true given that Biggs re-entered the Capitol and headed to the Senate, where Mike Pence had only recently been evacuated. That’s also true given how Biggs’ actions coincide so neatly with those of the Oath Keepers.

At the moment Pezzola breaks the Capitol window with a shield, Person Ten contacts Joshua James (from Alabama but seemingly affiliated with the Florida Oath Keepers). At the moment Biggs enters the Capitol, someone on the Oath Keepers’ Signal channel informed the list that “The[y] have taken ground at the capital [sic]. We need to regroup any members who are not on mission.” This is a quicker response than the Proud Boys Boots on the Ground channel itself had to the initial breach.

And that’s what happened. Both the Oath Keepers and the Proud Boys regrouped and opened a new front on the assault on the Capitol.

Rhodes called Kelly Meggs. Person Ten called James. Then Rhodes had overlapping phone calls with Person Ten and Meggs. Around that time, The Stack started making their way to an entry of the Capitol on the other side of the building from where they were. And James and Minuta hopped in some golf carts and rushed to the Capitol (I’m not sure from where). During the period when The Stack, commanded by Kelly Meggs, was making their way to the Capitol and Biggs was walking around rather than through it, Roberto Minuta arrived and started harassing the cops guarding the door through which Biggs and The Stack would shortly enter, perhaps ensuring that the cops remained at their post rather than reinforcing the east side.

I had speculated here that Proud Boys in the initial breach — most notably former Army Captain Gabriel Garcia — were live streaming with the intent of providing tactical information to people located remotely who were performing a command and control function.

If you were following Garcia’s livestreams in real time — even from a remote location — you would have visibility on what was going on inside almost immediately after the first group of the Proud Boys breached the Capitol.

In a later livestream, Garcia narrated what happened in the minutes after the Proud Boys had breached the Capitol.

GARCIA states, “We just went ahead and stormed the Capitol. It’s about to get ugly.” Around him, a large crowd chants, “Our house!”

Then, as a standoff with some cops ensued, Garcia filmed himself describing, tactically, what was happening, and also making suggestions to escalate violence that were heeded by those around him.

At minute 1:34, a man tries to run through the line of USCP officers. The officers respond with force, which prompts GARCIA to shout, “You fucking traitors! You fucking traitors! Fuck you!” As the USCP officers try to maintain positive control of the man that just rushed the police line, GARCIA yells, “grab him!” seemingly instructing the individuals around him to retrieve the man from USCP officers. GARCIA is holding a large American flag, which he drops into the skirmish in an apparent attempt to assist the individuals who are struggling with the USCP officers.

USCP officers maintain control of the line, holding out their arms to keep the crowd from advancing. At least one USCP officer deploys an asp. GARCIA turns the camera on himself and offers tactical observations regarding the standoff. [my emphasis]

Garcia’s livestream was such that you would obtain crowd size estimates from it, as well as specific names of officers on the front line, as well as instructions to “keep ’em coming,” seemingly asking for more bodies for this confrontation.

At minute 3:26, GARCIA, who is still in extremely close proximity to the USCP officer line again yells, “Fucking traitors!” He then joins the crowd chanting “Our house!” At minute 3:38, GARCIA states, “You ain’t stopping a million of us.” He then turns the camera to the crowd behind him and says, “Keep ‘em coming. Keep ‘em coming. Storm this shit.” GARCIA chants with the crowd, “USA!”

Soon after, GARCIA stops chanting and begins speaking off camera with someone near him. At minute 4:28, GARCIA says, “do you want water?” Though unclear, GARCIA seems to be asking the person with whom he is speaking. GARCIA is so close to an officer that, as the camera shifts, the only images captured are those of the officer’s chest and badge. [my emphasis]

Remarkably, Garcia filmed himself successfully ordering the rioters to hold the line — which they do — and then filmed them charging the police.

GARCIA yells, “Back up! Hold the line!” Shortly thereafter, the crowd begins advancing, breaching the USCP officer line. GARCIA says, “Stop pushing.” The last moments captured in the video are of the crowd rushing the USCP officers.

A filing arguing for detention for Ethan Nordean confirms that Proud Boys located offsite were monitoring the livestream and providing instructions.

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

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

So at least on the Proud Boys side, there was this kind of command and control.

And the government has been arresting their way to some clarity on this point.

Sometime before March 1, the government got access to both the leadership Telegram channel the Proud Boys used to coordinate the insurrection and the “Boots on the Ground” channel, meaning they’ve got monikers for around 35 active Proud Boy participants in the insurrection who have not yet been arrested. In the weeks since the Biggs and Nordean conspiracy indictment disclosed that the government had these chats, the government has arrested several people with ties to one or another of these men (though without saying whether they identified them from the Boots on the Ground channel or whether they arrested them at this time for investigative reasons).

Two of these men just happen to be two of Joe Biggs’ co-travelers the day of the insurrection, Paul Rae and Arthur Jackman, both also from Florida. The complaints for both are very similar, possibly written by the same FBI agent. Both complaints go through the greatest hits of the Proud Boy actions that day, listing all the conspiracies already charged. While the affidavits include the testimony of acquaintances of both men (in Jackman’s case, obtained after a January 19 interview with Jackman himself, meaning that testimony couldn’t be the lead via which they IDed him), the affidavits also focus on their entries with Joe Biggs, with Rae entering the west Capitol door right next to Biggs.

And Jackman walking up steps with his hand on Biggs’ shoulder.

Each affidavit includes the photo obtained from warrants served on Biggs showing the selfie mentioned in the Leader indictment (bolded above).

In Rae’s affidavit, they’ve redacted out all but his face and Biggs’.

They use the same approach in Jackman’s affidavit, redacting the others (including Rae, who had already been arrested).

If I were one of the two other guys in this picture, I’d be arranging legal representation right now.

The affidavits show both men entering the Capitol on the east side, along with Biggs. As he did on the west side, Rae walked in beside Biggs (you can see Jackman just ahead of Rae in this picture).

And as he did elsewhere in the Capitol, Jackman walked with his hand on Biggs’ shoulder.

Jackman’s affidavit shows him in the Senate (where we know Biggs also went).

The government arrested Rae on March 24. They arrested Jackman on March 30. Again, I’d be pretty nervous if I were one of the other two guys.

Because if the government can show that this second breach by Biggs was coordinated with the Oath Keepers, with The Stack led by the guy who arranged an alliance in December, Kelly Meggs, it will make these five separate conspiracies mighty cozy (in any case, the government is already starting to refer to the multiple Proud Boys conspiracies as one).

There’s at least one other action on which both militias may have coordinated: aborted efforts to launch a second wave after 4PM, something that Rudy Giuliani seems to have had insight into.

But for now, the government seems pretty focused on arresting their way to clarity about why Joe Biggs breached the Capitol, then walked outside and around it, and then breached it again.


* I had suggested in this post that UCC-1 might be Nicholas Ochs. But that’s not possible, because the government knows he was onsite. Moreover, the government is now treating defendants in one of the Proud Boys conspiracy indictments (most notably Dominic Pezzola) as co-conspirators with those charged in other conspiracy indictments (including Nordean), so Ochs would be an indicted co-conspirator. Another — far more intriguing possibility — is that it is James Sullivan (who might have a leadership role in Utah’s Proud Boys), who was in contact with Rudy Giuliani about the insurrection, and who inexplicably hasn’t been arrested. Certainly, Rudy seems to have had the information available on those chats in real time.