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The Trump to Willard War Room to Militia Connection

The name Roger Stone does not appear in the Guardian story reporting that the January 6 Committee will soon seek more information on Trump’s calls to the Willard Hotel late on January 5 and on January 6, as he faced the prospect that Mike Pence would not violate his oath and fail to certify the legitimate winner of the election.

Congressman Bennie Thompson, the chairman of the House select committee investigating the Capitol attack, has said the panel will open an inquiry into Donald Trump’s phone call seeking to stop Joe Biden’s certification from taking place on 6 January hours before the insurrection.

The chairman said the select committee intended to scrutinize the phone call – revealed last month by the Guardian – should they prevail in their legal effort to obtain Trump White House records over the former president’s objections of executive privilege.

“That’s right,” Thompson said when asked by the Guardian whether the select committee would look into Trump’s phone call, and suggested House investigators had already started to consider ways to investigate Trump’s demand that Biden not be certified as president on 6 January.

Thompson said the select committee could not ask the National Archives for records about specific calls, but noted “if we say we want all White House calls made on January 5 and 6, if he made it on a White House phone, then obviously we would look at it there.”

Instead, the story lists a bunch of people who have been even less cooperative with the Jan 6 investigation than Stone.

The former president’s remarks came as part of wider discussions he had with the lieutenants at the Willard – a team led by Trump lawyers Rudy Giuliani, John Eastman, Boris Epshteyn and Trump strategist Steve Bannon – about delaying the certification, the sources said.

The story also mentions that the Jan 6 Committee is finally considering a subpoena to Rudy Giuliani — a subpoena that will hit just as debates over crime-fraud excepted conversations start to appear on the SDNY docket.

A spokesperson for the select committee declined to comment about what else such a line of inquiry might involve. But a subpoena to Giuliani, the lead Trump lawyer at the Willard, is understood to be in the offing, according to a source familiar with the matter.

The underlying Guardian story had noted that the calls to the Willard proved a direct tie between the White House and the war room.

Trump’s remarks reveal a direct line from the White House and the command center at the Willard.

The reason I raise Stone is that the repeated reports from Joshua James to Oath Keeper field commander Mike Simmons about a VIP disgruntled about his shoddy treatment — a VIP that is almost certainly Stone — show there was a direct tie from the Willard to one of several militias who were instrumental in breaching the Capitol from multiple points.

Particularly given the confirmation that the government believes he was lying, I’d like to point to some redacted references to a VIP that Joshua James was guarding who was bitching that he wasn’t getting VIP treatment.

This is likely Roger Stone. That’s true because — as Dan Friedman reported — James was “guarding” Stone that day (and Simmons guarded Stone the previous day), the name seems to fit, and Stone has publicly complained about his treatment that day.

While exchanging calls with Simmons, James traveled from the Willard Hotel, in downtown Washington—where he had been leading a security detail guarding Stone—to the Capitol.

What appears to be the first reference to this person also seems to fit the name, which would be the full name, Roger Stone, on first reference. Roberto Minuta, Jonathan Walden, and the now-cooperating Mark Grods were also guarding Stone.

Which brings us to the middle reference. Simmons claims that James called him every time his VIP moved.

Only, if that VIP was Roger Stone, he didn’t move. By his own account he stayed at the Willard before taking his bruised ego and leaving town.

If that’s right, it means Simmons was trying to explain multiple calls with James, and to do so, he offered the bullshit excuse that Stone, who by his own account never left the Willard, kept moving.

These reports in on said VIP’s non-movement would have taken place the morning before the assault on the Capitol, during the same period when, the Guardian reports, Trump alerted the Willard war room that Pence was likely going to put his duty to the Constitution over his fealty to Donald Trump.

The Guardian reports that Thompson may go this route to increase pressure on the people who were privy to the contents of those calls. That pressure could work in multiple directions. If it coughed up evidence from a less-damning non-privileged call, it might help SDNY in battles to access such materials from Rudy’s phones. It might increase pressure on John Eastman, a lawyer who has only inconsistently claimed privilege for his conversations with Trump. Or it might cause one or another of Trump’s bottom-feeders — Stone and Steve Bannon — to take the other out.

Even just identifying the times of such calls, though, would provide a way to understand how White House input into the Willard intersected with Willard communications with the Oath Keepers, Willard directions to Congress, and White House pressure on Congress intersected.

Joshua James’ Frequent January 6 Updates on His Jilted VIPer

The other day, Kenneth Harrelson invented a premise to publish the 302s from Mike “Person 10” Simmons, the Oath Keepers’ still-uncharged field commander for January 6.

In a response (technically a surreply), AUSA Kathryn Rakoczy made it clear the government believes Simmons was being dishonest. She provides several data points to demonstrate that, contrary to what he told the FBI, Simmons was well aware about the breach of the Capitol … which raises questions why he hasn’t been charged, yet.

Person Ten, as an uncharged individual who was aware that others have already been charged, had a motive to downplay or disregard both his own involvement and any preplanning efforts. And documentary evidence contradicts Person Ten’s blanket denials. For instance, on October 8, 2021, the government disclosed a Signal chat thread named “Jan 5/6 DC Op Intel team,” which included Person One, Person Ten, codefendant Joshua James, and about seven other individuals. On the Signal thread, shortly before 2:00 p.m. on January 6, a participant posted a video titled “live stream of patriots storming capital.” Another participant asked, “Are they actually Patriots – not those who were going to go in disguise as Patriots and cause trouble[?]” Person Ten authoritatively answered, “[T]here [sic] patriots.” Person One added, “Actual Patriots. Pissed off patriots[.] Like the Sons of Liberty were pissed off patriots[.]” Codefendant Joshua James followed with, “Were coming to Capitol ETA 30 MIN[.]”

The Sixth Superseding indictment alleges that at 2:14 p.m. on January 6, Person Ten informed the “DC OP: Jan 6 21” Signal chat that “The[y] have taken ground at the capital,” and, “We need to regroup any members who are not on mission[.]” ECF 513 ¶ 125. At 3:05 p.m.— twenty minutes after Defendant Harrelson and other codefendants breached the Capitol, and ten minutes before Defendant James and his second wave of coconspirators breached the same doors—Person Ten also messaged another individual, “Were [sic] storming the capital.”

Particularly given the confirmation that the government believes he was lying, I’d like to point to some redacted references to a VIP that Joshua James was guarding who was bitching that he wasn’t getting VIP treatment.

This is likely Roger Stone. That’s true because — as Dan Friedman reported — James was “guarding” Stone that day (and Simmons guarded Stone the previous day), the name seems to fit, and Stone has publicly complained about his treatment that day.

While exchanging calls with Simmons, James traveled from the Willard Hotel, in downtown Washington—where he had been leading a security detail guarding Stone—to the Capitol.

What appears to be the first reference to this person also seems to fit the name, which would be the full name, Roger Stone, on first reference. Roberto Minuta, Jonathan Walden, and the now-cooperating Mark Grods were also guarding Stone.

Which brings us to the middle reference. Simmons claims that James called him every time his VIP moved.

Only, if that VIP was Roger Stone, he didn’t move. By his own account he stayed at the Willard before taking his bruised ego and leaving town.

If that’s right, it means Simmons was trying to explain multiple calls with James, and to do so, he offered the bullshit excuse that Stone, who by his own account never left the Willard, kept moving.

These calls are earlier than the ones that the indictments disclose. They would effectively serve to warn Roger Stone of this investigative interest.

But they also suggest that the Oath Keepers were keeping their operational lead closely informed of what some VIP — likely Roger Stone — was up to at the Willard that day.

Update: Way back in April — April!! — I argued that Person Ten — Simmons — played the role of a communication pivot that day, including at one point seemingly being on a 3-way call with Rhodes and Kelly Meggs.

Highlighted in yellow, Person Ten has a series of calls back and forth with Joshua James, pre-Golf Cart Grand Theft. Right in the middle of it all, someone — not described in this indictment — informs the Signal group as a whole that “the[y] have taken ground” and “we need to regroup any members who are not on mission.” Shortly thereafter, James and Minuta launch the Grand Theft Golf Cart to get to the Capitol, where Minuta taunts the police, preventing them from moving to reinforce the overrun Capitol on the other side, and the members of The Stack leave Trump’s speech prematurely and go to the Capitol. That is, Person Ten calls for reinforcements (Rhodes repeats his Signal text), and then Minuta and James in the golf carts and The Stack converge on the northeast side of the Capitol to breach a new entry point.

Now consider the pink highlight: Unless the government or I have made a mistake in the timing, Person Ten and Kelly Meggs are both on the phone with Stewart Rhodes together. Because of the length of Person Ten’s calls, it overlaps entirely with Rhodes’ call with Meggs (which — again, unless there’s an error of timing — means Rhodes either has two phones or either via conferencing or a hold, had both on the same phone at the same time).

In either case, Person Ten seems to have a key role as a communication pivot between different groups of Oath Keepers.

The calls that Harrelson — as a Floridian, someone with ties to Stone — revealed predated all these, to a period when Stone was at the Willard and everyone else was at the Ellipse.

The Eight Month Investigation into the January 6 Investigation Didn’t End in March

I was going to hold off responding to this Spencer Ackerman op-ed in the NYT — which attempts to superimpose conclusions of his book onto ensuing events that have disproven some of his predictions — until I finish a half-written review of the book itself (tl;dr: it’s a great history of the war on terror, but entirely unpersuasive as to its main argument and especially sloppy when it attempts to discuss politics). But I got a bit fed up by the way he claims to be speaking about the response to January 6 with an op-ed that doesn’t incorporate anything more recent than March.

“Eight months later, there is no political response to the insurrection at all,” — Spencer claims, linking an article dated March 26 reporting, “Dem Hearings Bend Over Backward to Ignore GOP Complicity in Capitol Riot –“only a security response aimed at its foot soldiers.” That’s his most recent reference in the entire op-ed, as demonstrated by the links he uses:

Elissa Slotkin: 2/1/21

Somali plot: 1/25/19

Somali plot: 10/14/16

Mike Flynn: 7/9/16

Trump on terrorism: 8/15/16

Trump’s birtherism: 9/19/15

How the January 6 insurrectionists saw themselves: 1/5/21

Veterans: 2/4/21

Non-veteran Mariposa Castro declaring war: 1/21/21

Describing the Jan 6 investigation based on what Michael Sherwin’s comments about sedition, while ignoring what he said about holding everyone accountable: 1/13/21

[Sherwin’s resignation: 3/23/21]

Trump sent them: 1/9/21

Opting against 14A: 2/3/21

Dems on empowering the FBI: 2/5/21

DOJ seeking new domestic terror powers: 2/26/21

Slotkin again on monitoring domestic extremists: 3/23/21

“I am not a terrorist:” 1/13/21

Spencer makes no mention of any of the developments you’d look at to understand how the Biden Administration was responding to January 6, including:

  • A new domestic terrorism response that includes social media monitoring of the sort that might have prevented the attack on the Capitol, but few of the other things Spencer and others have never stopped predicting since January 6.
  • A discussion of the actions of the January 6 Select Committee, on which committee Elissa Slotkin (the Democrat Spencer quoted twice and on whom his book focuses) doesn’t sit. The committee has provided a way around the need to placate Republicans trying to avoid angering Trump, to say nothing of committees (like the House Oversight Committee) packed with key figures in the events of January 6. The committee has already moved to obtain the records of the people that Spencer claims have escaped accountability.
  • A description of Merrick Garland’s repeated comments, starting in his February 22 confirmation hearing and continuing since, that DOJ would go where the evidence leads, including to those who incited it. Garland’s DOJ has also found important ways to avoid sheltering Mo Brooks (and by association all other people who were Federal employees the day of the riot, as Trump was), and to waive executive privilege to allow multiple investigations into Trump’s actions to proceed.
  • How DOJ under Merrick Garland and Lisa Monaco has approached the January 6 investigation, notably with its use of the unpoliticized obstruction statute to charge felonies rather than (thus far at least) sedition, the use of interlocking conspiracies that have already started incorporating some organizers and which could easily be used with Trump and his flunkies, and the possibility of terrorism enhancements that would be decided at sentencing, by judges, rather than by categorical application at the start of investigation.

There are definitely ways that the two decade war on terror played a big role on January 6.

More important than the 22 veterans charged by early February is which figures in the organizing conspiracies applied their military experience to ensuring the success of the operation. Key among those is former Staff Sargeant Joe Biggs, who served in both Iraq and Afghanistan before he went on to play a key propaganda role in the 2016 election; as I’ve described, Biggs was at the head of both major fronts (East Side, West Side) of the attack, and his network incorporates the key organizers of the larger event. Charles Donohoe, Dominic Pezzola, Gabriel Garcia, Jessica Watkins, and Joshua James are other veterans who allegedly turned their war on terror training to play key roles leading an attack on the Capitol. The second front of the attack on the Capitol that Biggs seemed to have anticipated was opened — either coincidentally, or not — by a bunch of Marines, including one on active duty.

If you’re going to talk about the import of the war on terror on January 6, you also have to talk about the mental scars that veterans have brought back. That was made spectacularly clear by Landon Copeland’s PTSD-driven meltdown in a detention hearing. But even Jacob Chansley’s mental illness has ties to his service. These two are not alone among the men and women whose service scars led them to embrace the false promises Donald Trump was offering.

In his book, Spencer rightly complains about the Wanted Dead or Alive rhetoric motivating the War on Terror. He also complains about an, “obsession with the baroque, fragmentary details of what became #Russiagate,” (mistaking the equally baroque counter-propaganda hashtag for those focusing in varying degrees of obsessiveness on the investigation itself) that nevertheless ended with Bill Barr corruptly intervening to protect Trump. But Spencer apparently feels the best way to deal with something else — a plodding, but ambitious, attempt to conduct a law enforcement investigation from the attack itself to its kingpins — is to largely ignore it even while claiming to speak for it.

The January 6 investigation, even in conjunction with the Select Committee, will not fix all the problems with the War on Terror. The two together may not hold the most powerful culprits for January 6 accountable — but that’s not for lack of ambition to do just that. But — in large part because this is an investigation of mostly-white people, which goes to the core of how America’s racism and other demons almost brought down its democracy and still could — it looks more like how the US should have responded to the 9/11 attack and not the caricature that Spencer arrives at by ignoring the last six months.

Following 600 cases as DOJ meticulously obtains the camera footage to see how Alex Jones lured unwitting participants to a second front or attempts to document whether key militia members made an attempt on Nancy Pelosi’s life is not sexy. But it’s what Spencer claims we should have done in response to 9/11.

“its really difficult to determine whats real and what’s fake;” At Least Three Oath Keepers Believed Trump Invoked the Insurrection Act on January 10

In a government filing responding to a request from Joshua James to have his bail conditions relaxed, the government provided a number of new details about the investigation (as well as noting that, since James’ wife has made almost $200,000 in a fundraiser tied to his arrest, his claim to need to work to provide for his family is unpersuasive).

The filing reveals (possibly based off reconstructed James texts), that on January 10, at least three Oath Keepers had come to believe that Trump had invoked the Insurrection Act, but was being prevented from releasing it.

Kelly Meggs knew about it — but said his guys from Florida were “stay[ing] home until shots fired.”

Kelly Meggs: Insurrection act appears to be signed and we shall se [sic] what tomorrow brings.

James: Yes..

Kelly Meggs: Stay safe

James: You too! Are you coming to TX?

Kelly Meggs: Nope Fl stays home until shots fired !

In addition, James spoke about it with Brian Ulrich.

Ulrich: We heard [Person One] might be disseminating information to all of us is that true?

James: Hes gone comms dark. Im with him.

Ulrich: Oh? Lol well there was talk that he was announcing. Can you guys at least tell me or us is trump going to do something is up with this is all about is he actually doing something?…

Ulrich: Been hearing since this AM that trump signed EO and he was going to have a speech but nothing confirmed.

James: That’s correct. The Insurrection act has been signed but not published to the public. They are keeping him locked away.. theres so much bad information coming from all angles its really difficult to determine whats real and what’s fake.

Ulrich: But is it coming that’s all I want to know…

James: Everyone needs to stay calm, and let’s see what POTUS does.. Yes Its already happening.

Ulrich: Ok. [Person One] ok? You guys needs to stay below the radar.

Since James was with Stewart Rhodes (and armed) when he wrote this, it seems likely Rhodes believed this as well.

If nothing else, the fact that at least three people independently came to believe that Trump had invoked the Insurrection Act will give DOJ probable cause to obtain the communications that might reveal why — and via what channels — they believed that to be true.

Update: The January 6 Select Committee just released their document requests. They ask for any discussions about the Insurrection Act from a variety of departments, including DOJ and DOD.

From November 3, 2020, to January 20, 2021, all documents and communications relating to the possibility of invoking the Insurrection Act, including but not limited to documents and communications concerning that possibility with respect to preparation for the events of January 6, 2021, or responding to the January 6, 2021, attack.

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

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

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

This post will pull together the evidence shown to date.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In response, someone replied,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[snip]

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

[snip]

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

[snip]

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

[snip]

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

[snip]

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

[snip]

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

[snip]

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

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

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

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

Merrick Garland Agreed He Would Go after January 6 Kingpins, if Evidence Merits

There continue to be questions about how we’ll ever get accountability for January 6 without a January 6 commission to do that work.

In an exchange yesterday, for example, Bart Gellman asked what questions we’d most want a January 6 commission to answer, and I responded, “Why there’s such a broad belief that a criminal investigation won’t answer those questions.” In response, NYT’s Alan Feuer speculated that,

DOJ’s 500ish criminal cases will not ultimately touch the potential liability in 1/6 of political figures including but not restricted to the former president.

This prosecution writ large is (speculation alert) likely to be restricted to verifiable perpetrators, not possible instigators. The range of crimes (s.a.) are likely to include the known ambit: obstruction, assault, civil disorder, trespass etc. Sedition may not be charged.

Things can change. Evidence can emerge. But after five months, it seems unlikely (speculation alert) that DOJ is assuming the responsibility for searching out root causes as opposed to building demonstrably provable cases.

I think Feuer’s is a fair observation, though I disagree that holding “instigators” accountable is at all the same as “searching out root causes.”

In my opinion, it is way too premature to judge where a complex investigation will lead after only five months, which is an infancy in terms of such things (it took almost exactly a year from the time that FBI got the tip about George Papadopoulos until he was arrested, the first arrest of the Mueller investigation, which itself was lightning fast). And while it is true that the current universe of charges includes those crimes Feuer lays out — obstruction, assault, civil disorder, trespass — even that list leaves out conspiracy. The boilerplate description DOJ uses to describe the complexity of the investigation notes that such a list (which includes conspiracy) is non-exclusive.

The spectrum of crimes charged and under investigation in connection with the Capitol Attack includes (but is not limited to) trespass, engaging in disruptive or violent conduct in the Capitol or on Capitol grounds, destruction of government property, theft of government property, assaults on federal and local police officers, firearms offenses, civil disorder, obstruction of an official proceeding, possession and use of destructive devices, and conspiracy.

Importantly, if we believe Merrick Garland’s response to a Sheldon Whitehouse question in his confirmation hearing, the Attorney General is committed to let the investigation proceed wherever the evidence leads, specifically to include “funders, organizers, ring leaders” and even any kingpins to this insurrection.

Whitehouse: With respect to January 6, I’d like to make sure that you are willing to look upstream from the actual occupants who assaulted the building, in the same way that in a drug case, you would look upstream from the street dealers to try to find the kingpins, and that you will not rule out investigation of funders, organizers, ring leaders, or aiders and abettors who were not present in the Capitol on January 6. Fair question?

Garland: Fair question. And again, your law enforcement experience is the same as mine, investigations — investigations, you know, I began as a line Assistant US Attorney and was a supervisor, we begin with the people on the ground and we work our way up to those who were involved and further involved. And we will pursue these leads wherever they take us. That’s the job of a prosecution.

That’s why I wrote these three posts:

Together, those posts argue that if any kingpins will be held accountable, it will be through a conspiracy prosecution. I note that one of the conspiracies has already reached back to the Willard Hotel, where Roger Stone was staying and where the call patterns suggest possible consultation with people present at the hotel. And I suggest that not only will there will be further conspiracies (I’m pretty confident about that prediction) but there may be more complex prosecutions tied to people who were involved in the rallies rather than the riot or who were discussed explicitly with Rudy Giuliani (I’m far less confident about that possibility).

That doesn’t mean Donald Trump, or even Roger Stone or Rudy Giuliani, are going to prison. It’s not clear what kind of evidence is out there. It’s not clear how loyal these famously paranoid people will be without the constant dangle of pardons that Trump used to buy silence during the Mueller investigation.

But even in what we’ve seen, we’ve seen a focus on who paid for things (such as the payment to Joshua James’ wife tied to “protecting” Roger Stone), who organized buses (there are at least four defendants involved with such things) or otherwise funded transportation, as well as media promotion both before and media communications while at the insurrection worked. Thus far, Charles Donohoe is the primary person who was charged in an organizational role but who didn’t enter the Capitol, but the Proud Boys and Oath Keeper conspiracies seem pretty focused on Enrique Tarrio and Stewart Rhodes (I’m not sure how useful Rhodes would be to map out the larger conspiracy).

And that’s just what we’ve seen. We recently learned that the President’s own lawyer still doesn’t know that the investigation of Michael Cohen had started eight months before he got involved in an effort to dangle pardons, long after Mueller had already obtained Cohen’s Trump organization emails. We have no idea whose lives the FBI are unpacking with warrants that are not showing up in arrest affidavits. Certainly, the FBI and DOJ are getting far more thoughtful about what gets shared publicly when.

My point is assuredly not to promise that Roger Stone and Rudy Giuliani will go to prison. But the question of the possible scope of the January 6 investigation, as distinct from the likely one, is dictated primarily by the structure of the conspiracy uniting people who legitimately entered into an agreement with each other to achieve the goal that every currently charged conspiracy shares: to obstruct the certification of the vote count on January 6. If Trump’s associates entered into an agreement with the Proud Boys and Oath Keepers, if there’s evidence of them doing so, and if marginally credible witnesses are willing to trade cooperation for less time in prison, then some kind of accountability is possible, albeit still highly unlikely.

That probably does rule out some accountability, even assuming a best case scenario. For example, with a few possible exceptions, I see no way that the conduct of members of Congress would get beyond Speech and Debate protections. Similarly, I don’t see how any conspiracy investigation would work its way up from the crimes at the Capitol to incorporate anyone at DOD stalling the National Guard response.

But as I noted to Gellman, I want to know the basis for certainty about what the investigation might discover. Because the investigation is already just two degrees of separation from Donald Trump via both Rudy and Stone, and that’s just what we can see looking at what prosecutors have been willing to share.

OpSec Confusion on the Oath Keeper Conspiracy

I write a lot about the comms the Oath Keepers used to plan insurrection. There was the post about how they figured out, too late, not to plan an insurrection on Facebook; of the five counts of obstruction on the Oath Keeper indictment released Sunday, two pertain to Facebook. Then there was the post where I cataloged how many social media platforms were described in the last iteration of the indictment against them.

  • leadership list on Signal they appear to have obtained from either Watkins and/or Kelly Meggs
  • Open channels on Zello, possibly separate ones for each large event
  • Telephony chats and texts, including during January 6
  • MeWe accounts
  • Way too much blabbing on Facebook, followed by a foolish belief they could delete such content
  • Parler for further blabbing
  • Stripe for payment processing (possibly for dues)
  • GoToMeeting for operational planning

The remaining three obstruction charges pertain to this social media activity, one — for Joshua James — specifically describing his attempt to delete and burn the “[S]ignal comms about the op.”

Add hand-written ProtonMail attachments to the toolchest

It turns out I should have included ProtonMail in that list, because both the addresses to which Laura Steele sent her vetting application to join the Oath Keepers on January 3 were ProtonMail addresses, but the government only laid that out in their unsuccessful bid to keep her detained, in an attempt to use its encryption to ascribe to her that operational security.

On the evening of January 3, 2021, Defendant Steele emailed a membership application and vetting form to the Oath Keepers of Florida.4 She copied Defendant Young on the email, and wrote: “My brother, Graydon Young told me to submit my application this route to expedite the process.” Under the section for “CPT Skill Sets (Community Preparedness Team) Experience or Interests,” she checked “Security.” Under “Skillsets,” she wrote: “I have 13 years of experience in Law Enforcement in North Carolina. I served as a K-9 Officer and a SWAT team member. I currently work Private Armed Security for [company name redacted]. I am licensed PPS through the North Carolina Private Protective Services.”

Within 10 minutes, Defendant Steele sent another email, this one directly to Defendant Kelly Meggs’s email account at Proton Mail, again copying Defendant Young. She again attached her application and vetting form, and wrote: “My brother, Graydon Young told me to send the application to you so I can be verified for the Events this coming Tuesday and Wednesday.”

The following day (January 4), Defendant Steele sent the same materials to yet another Oath Keepers email address at Proton Mail. On her email, she copied co-defendants Kelly Meggs and Graydon Young.

4 The email recipient was actually a Florida Oath Keepers account at “protonmail.com.” Proton Mail is housed overseas (in Switzerland) and offers end-to-end encryption. “Even the company hosting your emails has no way of reading them, so you can rest assured that they can’t be read by third parties either.” Mindaugas Jancis, ProtonMail review: have we found the most secure email provider in 2021?, CyberNews, Mar. 4, 2021, at https://cybernews.com/secure-email-providers/protonmail-review.

But Proton is not going to help if one side of a communication is on Gmail or some other email service on which FBI can serve a subpoena. Which may explain how the government obtained this email from the newly indicted Joseph Hackett in the latest superseding.

41. On December 19, 2020, HACKETT sent an email to YOUNG with a subject line “test.” The body of the email stated: “I believe we only need to do this when important info is at hand like locations, identities, Ops planning.” The email had a photo attached; the photo showed cursive handwriting on a lined notepad that stated: “Secure Comms Test. Good talk tonight guys! Rally Point in Northern Port Charlotte at Grays if transportation is possible. All proton mails. 7 May consider [a rally point] that won’t burn anyone. Comms – work in progress. Messages in cursive to eliminate digital reads. Plans for recruitment and meetings.”

7 Based on the investigation, “proton mails” appears to refer to the company “ProtonMail,” which offers encrypted email services.

I’ve not seen anything that suggests the government has obtained Proton Mails from the Oath Keepers conducted entirely on the platform; that may have to wait until someone involved decides to cooperate. But I’m not sure how writing the most sensitive messages on what sounds like dead tree paper before sending it adds to the security.

DOJ’s selective understanding of encryption

One of the more aggravating pieces of confusion in the new indictment, however, comes not from the alleged conspirators but from the government.

The last item in a list of Manner and Means employed in the conspiracy is the use of “secure and encrypted communications.”

Using secure and encrypted communications applications like Signal3 and Zello4 to develop plans and later communicate during the January 6 operation.

The first overt act describes Stewart Rhodes laying out what I am calling the “Antifa foil” on a GoToMeeting meeting.

At a GoToMeeting5 held on November 9, 2020, PERSON ONE told those attending the meeting, “We’re going to defend the president, the duly elected president, and we call on him to do what needs to be done to save our country. Because if you don’t guys, you’re going to be in a bloody, bloody civil war, and a bloody – you can call it an insurrection or you can call it a war or fight.”

As a result, the following footnotes appear on the bottom of the same page.

3 Signal is an encrypted messaging service.

4 Zello is an application that emulates push-to-talk walkie-talkies over cellular telephone networks. Zello can be used on electronic communication devices, like cellular telephones and two-way radios.

5 GoToMeeting is an online meeting site that allows users to host conference calls and video conferences via the Internet in real time.

Start with Zello: It can be secure. But it wasn’t, as used by the Oath Keepers, the day of the insurrection, because it was an open channel. Indeed, the reason we know about it is because journalist Micah Loewinger was following along in real time. Plus, anything saved onto a phone will be accessible once the phone is compromised, just like Signal will. (From the discovery letters shared with the Oath Keepers — the most recent of which is over a month old — the government appears to have initially relied on WNYC’s published versions of the Zello chats. But this superseding indictment includes time stamps from Watkins’ Zello exchanges, which suggests they’ve obtained a more reliable copy since then.

Signal, DOJ says, is encrypted. I have no problem with that. But they started compromising the Signal chats as soon as they exploited Jessica Watkins’ phone. And the latest indictment seems to rely on the exploitation from another of the more involved participants — it’s where the new details on the Quick Reaction Force come from (here’s my rough capture of the communications we’ve seen referenced to date).

What I find annoying is that, after treating Signal and Zello as super spooky applications, DOJ then treats GoToMeeting like a normal tool, just “an online meeting site that allows users to host conference calls and video conferences via the Internet in real time.”

But it is also end-to-end encrypted and has a number of other security features that are necessary for its use by mainstream businesses and health care providers. That said, it is centralized and probably responds eagerly to legal process, which is the distinction DOJ really intends by this. That is, it’s not encryption that makes the use of these apps a useful marker of a conspiracy, it’s decentralized security, security that the Oath Keepers didn’t use with Zello the day of the insurrection. Plus, for a conspiracy indictment, as opposed to other criminal charges, the use of G2M suggests a bureaucratization that should be more useful to prove the case.

In any case, with this fourth indictment, DOJ added content from G2M that was probably meant to be secure: Stewart Rhodes’ “Antifa foil” comments. An initial production of G2M had been provided to defendants by April 9, with a second attempt on April 23. So it may be that it has taken some time to reconstruct whatever full production they might receive from the various Oath Keeper accounts.

The money is the metadata

That said, it is amusing seeing the conspirators try to add a layer of security to the already secure ProtonMail while they’re laying a trail of travel plans that knots them all up into a network. Here are just some of the fleshed out details from the indictment:

79. On January 4, 2021, HARRELSON and DOLAN departed Florida together in a vehicle rented by DOLAN and traveled to the Washington, D.C., metropolitan area.

[snip]

82. On January 4, 2021, PERSON TEN checked into the Hilton Garden Inn in Vienna, Virginia. The room was reserved and paid for using a credit card in PERSON ONE’s name.

[snip]

85. On January 5, 2021, PERSON ONE and MINUTA separately traveled to the Washington, D.C., metropolitan area and checked into the Hilton Garden Inn in Vienna, Virginia.

[snip]

90. KELLY MEGGS paid for two rooms, each for two people, at the Comfort Inn Ballston from January 5-6, 2021. The rooms were reserved under the name of PERSON THREE.

90. KELLY MEGGS paid for two rooms, each for two people, at the Comfort Inn Ballston from January 5-6, 2021. The rooms were reserved under the name of PERSON THREE.

91. KELLY MEGGS also booked two rooms at the Hilton Garden Inn in Washington, D.C., from January 5-7, 2021. KELLY MEGGS paid for both of the rooms, using two different credit cards.

[snip]

93. HACKETT paid for a room at the Hilton Garden Inn in Washington, D.C., from January 5-7, 2021. The room was booked in the name of PERSON SIXTEEN.

[snip]

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

Kelly Meggs, by paying for what appears to be the QRF room and another for Person 3 to tend the weapons, would tie the Floridians staying in the DC Hilton Garden with a group coming from at least three states at the Ballston Comfort Inn (and that’s before you consider the surveillance footage that shows others dropping off weapons). Minuta, by reserving three rooms at the Mayflower, would tie Joshua James, Person Twenty, and Person Fifteen to the group, including Minuta, staying at the Vienna Hilton Garden, which includes Rhodes and Person Ten. And there’s at least one known payment — from some unidentified person to James’ wife — that doesn’t show up here.

Post 9/11, it’s hard to hide hotel travel, especially retroactively, after engaging in a terrorist attack, but it doesn’t help that the Oath Keepers didn’t compartment their network at all. So all the encrypted messaging and meeting apps in the world could not hide that this was a network that spanned (thus far, but I’m holding out hope they’ll roll out the first Mississippi defendants any day!) at least seven states.

Update: I’ve taken out a reference to the Ohioans walking Isaacs back to a hotel in DC. They did separate early but it was not to take him back. Thanks to Benny Bryant for the correction.

Crystalizing Conspiracies: Fourth Superseding, James Breheny, Puma’s GoPro, [Redacted], and the Willard Hotel

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.

In this post, I used the imminent guilty plea of Paul Allard Hodgkins to illustrate that we really don’t know what evidence of conspiracy prosecutors are looking at, which means that we can’t really say whether the January 6 investigation will ultimately hold those who incited the violence accountable. I explained how a PhD in Comp Lit might be useful training to see the gaps in prosecution filings that show what secrets they’re holding in abeyance. And, as I further explained, if those most responsible for January 6 are going to be held accountable, it will likely be (at least in part) via conspiracies with the Oath Keepers and Proud Boys, including the multiple ties Roger Stone has with both militias.

This post is meant to be read in tandem with that one.

This one will look at four developments in the case against the Oath Keepers in the last week or so.

The superseding indictment turns the screws

Most spectacularly, the government rolled out a fourth superseding Oath Keeper indictment yesterday. The ostensible purpose of it was to add four new defendants: Joseph Hackett, Jason Dolan, and William Isaacs, all from Florida, along with a fourth, accused of just three crimes, whose name is redacted.

The indictment broadens the kinds of communications used to communicate during the conspiracy, including Signal along with Zello, as well as orders to write key details in cursive, then send them via Proton Mail.

It adds a comment Stewart Rhodes made on November 9 laying out what I’ll call the “Antifa foil” — an affirmative plan, laid out months before the insurrection, to use the “threat” of Antifa as the excuse to come armed and a means to foment violence.

At a GoToMeeting5 held on November 9, 2020, PERSON ONE told those attending the meeting, “We’re going to defend the president, the duly elected president, and we call on him to do what needs to be done to save our country. Because if you don’t guys, you’re going to be in a bloody, bloody civil war, and a bloody – you can call it an insurrection or you can call it a war or fight.” PERSON ONE called upon his followers to go to Washington, D.C., to let the President know “that the people are behind him.” PERSON ONE told his followers they needed to be prepared to fight Antifa, which he characterized as a group of individuals with whom “if the fight comes, let the fight come. Let Antifa – if they go kinetic on us, then we’ll go kinetic back on them. I’m willing to sacrifice myself for that. Let the fight start there. That will give President Trump what he needs, frankly. If things go kinetic, good. If they throw bombs at us and shoot us, great, because that brings the president his reason and rationale for dropping the Insurrection Act.” PERSON ONE continued, “I do want some Oath Keepers to stay on the outside, and to stay fully armed and prepared to go in armed, if they have to . . . . So our posture’s gonna be that we’re posted outside of DC, um, awaiting the President’s orders. . . . We hope he will give us the orders. We want him to declare an insurrection, and to call us up as the militia.” WATKINS, KELLY MEGGS, HARRELSON, HACKETT, PERSON THREE, PERSON TEN, and others known and unknown attended this GoToMeeting. After PERSON ONE finished speaking, WATKINS and KELLY MEGGS asked questions and made comments about what types of weapons were legal in the District of Columbia.

The indictment provides more evidence of a plan to have Oath Keepers from North Carolina stationed as a Quick Reaction Force to pick up weapons from one of two locations in DC and deliver them to others already there (a recent filing arguing Thomas Caldwell needs to keep informing pretrial services of his movements included surveillance video from the Ballston Comfort Inn of the conspirators carrying around presumed guns draped in sheets).

On the evening of January 2, 2021, at about 5:43 p.m., KELLY MEGGS posted a map of Washington, D.C., in the Leadership Signal Chat, along with the message, “1 if by land[,] North side of Lincoln Memorial[,] 2 if by sea[,] Corner of west basin and Ohio is a water transport landing !!” KELLY MEGGS continued, “QRF rally points[.] Water of the bridges get closed.”

[snip]

On January 4, 2021, CALDWELL emailed PERSON THREE several maps along with the message, “These maps walk you from the hotel into D.C. and east toward the target area on multiple roads running west to east including M street and P street, two of my favorites . . . .”

[snip]

On January 4, 2021, WATKINS wrote in the Florida Signal Chat, “Where can we drop off weapons to the QRF team? I’d like to have the weapons secured prior to the Op tomorrow.”

On the morning of January 5, 2021, HARRELSON asked in the Florida Signal Chat for the location of the “QRF hotel,” and KELLY MEGGS responded by asking for a direct message.

It provides more details about what the Oath Keepers did in the Capitol (including descriptions of how the kitted out veterans folded — retreated — as soon as they were hit with some tear gas).

When officers responded by deploying a chemical spray, the mob—including CROWL, WATKINS, SANDRA PARKER, YOUNG, and ISAACS—retreated.

[snip]

JAMES briefly breached the Rotunda but was expelled by at least one officer who aimed chemical spray directly at JAMES, and multiple officers who pushed him out from behind.

Importantly, the superseding indictment adds civil disorder charges against six of the Oath Keepers for interactions they had with cops inside the Capitol. It adds an assault charge against Joshua James for his physical interaction with cops. It adds obstruction charges against Kelly Meggs, Kenneth Harrelson, and James for deleting comms. Some of these charges were expected; it’s just that adding four new defendants was a convenient time to add them.

As these defendants are sitting here, though, their legal jeopardy is getting worse. Which is likely part of the point. They might stave off any further charges if they decide to cooperate with prosecutors.

When the government first charged this conspiracy, they were way over their skis, with detention requests and claims of danger that they did not yet have (or were not yet willing to show) evidence to support. That’s no longer true, and I wouldn’t be surprised if the government tries to detain a few more of these defendants when they are arraigned on the new charges this week.

James Breheny’s inter-militia network

One of the interesting details of this indictment is the exclusion of Oath Keeper James Breheny from it. Unlike the Proud Boys, all the Oath Keepers have been charged on one conspiracy indictment. The sole exception is Jon Schaffer, who from very early on was cultivated to flip, which he did on April 16. Remarkably, it’s not clear that Schaffer’s cooperation shows up in the new superseding indictment.

Now Breheny joins Schaffer in being charged (at least for now) on his own, which means, as of now, he’s only on the hook for his own crimes, not those of 16 co-conspirators. Breheny is an Oath Keeper from New Jersey who self-surrendered (suggesting ongoing discussions involving a lawyer) on May 20.

Breheny’s charging documents are interesting on several points. First, the affidavit excerpts a post Stewart Rhodes published on December 14, calling on Trump to invoke the Insurrection Act, including this paragraph:

You must act NOW as a wartime President, pursuant to your oath to defend the Constitution, which is very similar to the oath all of us veterans swore. We are already in a fight. It’s better to wage it with you as Commander-in-Chief than to have you comply with a fraudulent election, leave office, and leave the White House in the hands of illegitimate usurpers and Chinese puppets. Please don’t do it. Do NOT concede, and do NOT wait until January 20, 2021. Strike now.

This Rhodes post doesn’t appear in the Oath Keeper conspiracies, though it is a continuation of the November 9 comment from Rhodes also calling for insurrection, and it provides context for a comment he made on January 6 about what he expected Trump to do.

Then, Breheny’s complaint describes him inviting Rhodes to “a leadership meeting of ‘multiple patriot groups'” in Quarryville, PA on January 3, 2021. His invite directed Rhodes not to bring a phone and explained,

This will be the day we get our comms on point with multiple other patriot groups, share rally points etc. This one is important and I believe this is our last chance to organize before the show. This meeting will be for leaders only.

Breheny’s complaint also explains that Rhodes only added Breheny to the leadership list for the Oath Keepers on January 6. In explaining that detail, a footnote explains,

numerous individuals affiliated with the Oath Keepers who have been alleged to have participated in the riots participated in this chat and have been indicted in US v. Caldwell et al, 21-cr-28-APM.

It’s a neat way of saying that Breheny conspired with those charged in the main Oath Keepers conspiracy and they conspired with him, without charging him in that conspiracy.

The rest of the complaint explains how Breheny lied to the FBI about what he did on January 6, but after the government got a warrant for his phone, they obtained pictures and texts showing he had done far more on January 6 than he admitted to cops, including fighting his way in the East Doors that all the other Oath Keepers entered.

The government has been selective about whom they’re charging with obstruction for lying and deleting evidence, but their case that Breheny deliberately attempted to obstruct the investigation is quite strong.

Anthony Puma’s GoPro is arrested

On May 27, a guy from Michigan named Anthony Puma was arrested, more than four months after the FBI interviewed him on January 14 and after, on January 17, he shared the SD card from the GoPro he wore on January 6.

On April 23, the government obtained Puma’s Facebook account, which provided video and text evidence that, in his January 14 interview, Puma dramatically downplayed his knowledge of events on January 6. Most notably, they found texts he posted on January 5, knowing that, and precisely when, “we are storming” the Capitol the next day.

Tomorrow is the big day. Rig for Red. War is coming

We are here. What time do we storm the House of Representatives?

Hopefully, we are storming the House of Representatives tomorrow at 100 pm.

There’s no hint in his charging documents that Puma has association with the Oath Keepers. Assuming he does not, it seems likely he was arrested, as I believe a number of other recent defendants were, so he can be forced to authenticate the important video evidence he shot on the day of the insurrection.

As a Comp Lit PhD who had to read a fuck-ton of postmodern theory, my favorite picture from his GoPro shows him filming himself shooting a video on his phone as he approached the Capitol.

But there are two other clips that I suspect are more important — one, showing what I believe to be a second stack of likely Oath Keepers preparing to breach the Capitol.

And another, showing presumed Oath Keepers on their golf cart race from the Willard Hotel to reinforce the Capitol, calling out, “We are inside, they need help, we’ve breached the Capitol.”

So whether or not Puma has a tie to the Oath Keepers, he now has reason to cooperate with prosecutors on making this video available for any trial.

[Redacted]

As noted, there were four people added to the Oath Keepers conspiracy indictment, but the name of one remains redacted.

It can’t be Roger Stone, as a lot of people are wishing, because Stone’s not an Oath Keeper.

But whoever [redacted] is, he almost certainly traveled with Roberto Minuta and Joshua James from the Willard Hotel where they were “guarding” Roger Stone and others to the Capitol.

I say that because of four paragraphs from the third superseding indictment describing the golf cart race to the Capitol, three are redacted in the fourth.

That doesn’t necessarily mean that [redacted] has had a child with Roger Stone or anything as exciting as that. It does mean that someone who was a likely witness to what happened on the Willard Hotel side of phone calls between Person Ten (who was the ground commander for the Oath Keepers that day) and James has been added to the conspiracy.

[redacted] appears to have entered the Capitol with Minuta and James, as what had been ¶104 describing their entrance “together with others known and unknown” in the third superseding is redacted as ¶154 in the fourth.

But the potentially more interesting actions of [redacted] appear in ¶¶76 and 77, which explain pre-insurrection communications and planning, as well as ¶99, which must explain what [redacted] did the morning of the insurrection, probably with James and Minuta. And ¶102 likely describes what the three of them were doing at the Willard Hotel while everyone else started breaching the Capitol.

As I said in this post, it takes more than four months to charge a complex conspiracy. But these four developments together add a December call for insurrection (in tandem with events that day in DC), places the Oath Keepers — including Stewart Rhodes — in a January 3 meeting coordinating with other militias, and it seemingly adds a third witness to what went on in the Willard Hotel the morning of the insurrection.