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The State of the Five Now-Intersecting January 6 Militia Conspiracies

Paragraph 64 of a new conspiracy indictment including Proud Boys Ethan Nordean, Joe Biggs, and the newly arrested Proud Boys Zachary Rehl and Charles Donohoe includes a seemingly gratuitous reference to the Oath Keepers. The paragraph describes how Biggs, after having entered the Capitol once already from the northwest side, then moved to the opposite side of the building and forced his way in on the east side. He did so right in front of a group of Oath Keepers.

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.

This would have been around 2:44 PM. The Oath Keeper “stack” went in the east side of the Capitol at around 2:40.

That reference, along with the common use of the Zello application, brings two parallel conspiracies laid out over a month ago closer together, arguably intersecting. As of right now, DOJ has charged 25 people in five different conspiracy indictments, four of which share precisely the same goal: to stop, delay, and hinder Congress’s certification of the Electoral College vote, with many similar means and methods. Three conspiracy indictments also share roughly the same goal of obstructing law enforcement. Those indictments are:

Here’s what a simplified version of the five different conspiracies looks like:

This is not the end of it: there are three Oath Keepers not included in that conspiracy, and a random bunch of Proud Boys who might eventually be included, as well as anyone else who coordinated this effort [wink]. But these conspiracy indictments will remain separate only for prosecutorial ease. They are, for all intents and purposes, now-intersecting conspiracies.

Update: Last night, NYT’s visual team released new videos showing that the Oath Keepers Stack was involved in forcing entry into the East entrance of the Capitol. These videos depict what happened moments after Biggs reentered the Capitol, as described above.

Update: To see how the other pieces of any coordinated action fit, I will list the other Oath Keepers and Proud Boys that have played a part in this operation.

Oath Keepers

Stewart Rhodes: The Oath Keeper President. He is not charged, but implicated in the existing Oath Keepers indictment and the Minuta complaint.

Roberto Minuta: Minuta was arrested on March 8. An SDNY Magistrate judge released him on bail (he almost put up silver bars for his security, but ended up coming up with the money itself), ignoring the government request he stay the order. Minuta’s arrest affidavit–which was written 12 days before James’ but executed roughly the same day–focuses primarily on Minuta’s harassment of cops. It doesn’t mention, as James’ affidavit does, Minuta’s role in providing security, including for Roger Stone. Minuta also deleted his Facebook account on January 13, for which he was charged with obstruction.

Joshua James: James was arrested on March 9 and held without bail (in part because of a past arrest associated with claiming to be a military police officer in 2011). His arrest affidavit makes it clear he was a close contact with Minuta as well as Kelly Meggs. The affidavit repeatedly describes James offering security to VIPs we know to include Roger Stone. According to public reporting, James received payment for his “security” services on January 6, which Stone was publicly fundraising for in advance (then denied spending).

Jon Ryan Schaffer: The front man for the heavy metal band Iced Earth and an Oath Keeper lifetime member, Schaffer was arrested for spraying some police with bear spray. But two months after his arrest and detention, he has not been (publicly) indicted and only arrived in DC on March 17. The government has not publicly responded to his motion to dismiss his case on Speedy Trial grounds. All of which suggests there’s something more there that we can’t see.

Person Four: The James affidavit refers to Minuta as “Person Five.” It uses that number, it says, because “Persons Two [Caldwell’s spouse], Three [the NC-based Oath Keeper who might serve as a Quick Reaction Force], and Four are not included in this affidavit, but are already-numbered individuals associated with United States v. Thomas Caldwell, et al, Case No. 21-cr-28 (APM). To maintain consistent nomenclature, the referenced individual here will be defined as ‘Person Five.'” I haven’t been able to find the reference to Person Four (though it might be Watkins’ partner, references to whom are inconsistent).

Three more Stack participants and four others who operated with Minuta and James on January 6: This image, from James’ complaint, identifies three other Stack members (the second, third, and last yellow arrow) and four others who interacted with James and Minuta during the day on January 6.

Proud Boys

Enrique Tarrio: Tarrio is the head of the Proud Boys, but got arrested as he entered DC on January 4 on charges relating to vandalizing a Black church in December, onto which possession charges were added. He is referred to in all the Proud Boy conspiracies, repeatedly in the Leader one (because they scrambled to figure out what to do after his arrest). While it’s unlikely he was on the Telegram channels used to organize the insurrection, he was in touch with members via other, thus far unidentified channels.

Joshua Pruitt: Pruitt was arrested for a curfew violation on the night of the insurrection. He told the FBI he hadn’t engaged in any unlawful activity and was just trying to deescalate the situation. But he was indicted on his own weeks later for obstructing the vote count and interfering with cops, and abetting the destruction of property, along with trespassing. The Nordean conspiracy indictment notes that he went in the West entrance shortly after Dominic Pezzola breached it (suggesting the government may now know he was part of a cell with Pezzola). Pruitt is being prosecuted by the same prosecutor as on most Proud Boy cases, Christopher Berridge, and before the same judge, Timothy Kelly.

Gabriel Garcia: Garcia, a former Army Captain, appears to have originally been identified by the Facebook order showing who livestreamed from the Capitol. It’s possible his livestreams were intended to serve as live reporting for those coordinating outside (he catches the names of cops, the size of the crowd, and instructs, “keep ’em coming.” He incites a big push through a line of cops. Later, he calls for “Nancy” to “come out and play” and calls to “Free Enrique” [Tarrio]. He was charged by complaint on January 16 and by indictment on February 16 with obstruction and resisting cops during civil disorder. The Nordean conspiracy indictment notes he went in the West entrance shortly after Pezzola breached it.

Christopher Worrell: The government originally charged Worrell, a committed Proud Boy who traveled to DC in vans of Proud Boys paid for by someone else and wore comms equipment, with trespass crimes on March 10. Among his criminal background, he pretended to be a cop to intimidate a woman. He lied in his first interview with the FBI, hiding that he sprayed pepper spray on some police who were the last line of defense on the West side of the Capitol. According to a witness who knows him, he also directed other likely Proud Boys. After first being released, he was subsequently detained and is awaiting indictment on what the government suggests are likely to be assault charges.

Robert Gieswein: Ethan Nordean spoke to Giswein shortly before he and Pezzola launched the attack on the Capitol suggesting that Gieswein, who had known ties to the 3% movement, was coordinating with the Proud Boys that day. Over the course of breaking into the Capitol, he allegedly assaulted 3 cops with a bat or pepper spray, and broke a window to break in. He was first charged on January 16, indicted on January 27. His docket shows none of the normal proceedings, such as a protective order, but his magistrate’s docket shows two sealed documents placed there in recent weeks.

Ryan Samsel: There’s no indication I know of that ties Samsel to the Proud Boys. But he marched with them and initiated the assault on the West side of the Capitol with Dominic Pezzola and William Pepe. He was charged with assault and obstruction on January 29 and arrested on February 3. In his case, he allegedly did so by assaulting a cop at the first line of barriers, knocking her out. He and the government are in talks for a guilty plea.

Ryan Bennett: Bennett was IDed off his own Facebook livestreaming, while wearing a Proud Boys hat, of the event, including his direct witness to the shooting of Ashli Bennett, with his voice yelling “Break it down!” in the background. He was arrested on January 26 and charged in a still-sealed March 17 indictment over which James Boasberg will preside.

Bryan Betancur: Betancur was busted by his Maryland Probation Officer, to whom he had lied about distributing Bibles to get permission to go to DC. He wore a Proud Boys shirt to the insurrection and is a known white supremacist who espouses violence. He was charged with misdemeanor trespass charges. His defense attorney is already discussing a guilty plea.

Daniel Goodwyn: Goodwyn’s online identity is closely associated with the Proud Boys. He was identified via an interview he did with Baked Alaska during the insurrection and texts sent to an associate; he was arrested on January 29. He was originally charged with trespass, with obstruction added in his indictment on February 24. Charles Berridge was originally the prosecutor on this case but has been replaced on it.

Christopher Kelly: Kelly revealed on Facebook before he headed to DC that he would be going with, “ex NYPD and some proud boys.” While inside, he bragged that they had “stopped the hearing, they are all headed to the basement.” He was originally charged with trespass and obstruction on January 20; he has yet to be (publicly) indicted yet. He has the same defense attorney, Edward McMahon, as Nicholas Ochs.

Around 40 other people who used the Proud Boys “Boots on the Ground” Telegram channel: As I noted here, the government must have at least monikers for — and likely email and/or device identifiers — for around 40 people who used the organizing channel set up less than a day before the operation. It will be interesting to see if they attempt to track all of them down.

Rolling Updates:

Marc Bru, a Proud Boy with ties to Nordean, was charged on March 9.

Paul Rae, a Proud Boy from Florida who trailed Biggs both times he entered the Capitol.

Arthur Jackman: a Proud Boy from Florida who trailed Biggs both times he entered the Capitol, including into the Senate.

 

GoToInsurrection and Other Astounding Oath Keeper Social Media Habits

DOJ has now charged the following Oath Keeper associates:

Between all the charges, prosecutors have laid out a breathtaking scope of social media use by the militia:

  • A 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

Plus, most of the people arrested thus far had their cell phones on, pinging cell towers, while they were in the Capitol (thus far, two of the accused did not enter the Capitol).

It’s the GoToMeeting revelation, in Harrelson’s affidavit, that gets me:

Pursuant to legal process, the government obtained records from Go To Meeting showing that a user named “gator 6” was the organizer for a meeting titled “dc planning call” on January 3, 2021. The user “gator 6” accessed the meeting from a mobile device using the same IP address ending in 158 [as Harrelson used to access Apple servers], and the user listed themselves as living in Titusville, Florida. Between September 30, 2020, and January 3, 2021, the user with the same IP address ending in 158 attended or organized approximately 30 meetings on Go To Meeting affiliated with the Oath Keepers, using the names “gator 6,” “hotel 26,” or kenneth harrelson.”

GoToMeeting is basically spyware for your computer, because it has to access so many features of your computer to work. As a default it collects a great deal of data on participants, and can be set to collect more. It is end-to-end encrypted, but with legal process FBI might be able to get a great deal of information from GTM, if the Oath Keepers kept it.

Between these twelve people, then, DOJ has served legal process on enough databases to create a veritable dossier on the Oath Keepers. While some of these comms (such as the Zello comms) are ephemeral, Facebook and GoToMeeting and Stripe are data vacuums.

With a database like this, the government can be choosy about which Oath Keepers they arrest. Reportedly, DOJ says they may add 6 more people to their collection of Oath Keeper defendants.

Indeed, it’s not really clear why they’ve charged the last three — Minuta, James, and Harrelson — before charging the last several members of the Stack that entered the Capitol together.

Harrelson was not part of the Stack, but the affidavit justifying his arrest shows him — and another guy — in communication as the Stack came up the Capitol steps, with Harrelson interacting with Graydon Young inside the Capitol. But his organizing efforts in Florida would put him in close touch with the Meggses (Kelly leads the Florida chapter) and James (who lives in Alabama but seems to be tied to the Florida chapter), along with Young (who lives in Titusville).

These Florida Oath Keepers were providing “security” for Roger Stone well before the January insurrection, including an event in Florida. (MoJo had a summary of who provided security when yesterday.)

As for Minuta, in addition to serving as Stone’s security on January 5 and 6, he also was abusive to cops before entering the Capitol and on his way out, when he promised the Second Amendment option came next. Like Young, Minuta is also accused of deleting Facebook, probably just as unsuccessfully.

In James’ case, DOJ seems particularly interested in the communications he had with Minuta, called Person Five in the affidavit even though he was already arrested by the time it was approved.

While James stood with the other Oath Keepers, at least one of them (who will be referred to below as “Person Five”)2 aggressively berated and taunted U.S. Capitol police officers responsible for protecting the Capitol and the representatives inside.

[snip]

Records indicate that phone number XXX-XXX-4304 (associated with James) exchanged a number of phone calls throughout November and December 2020 with a person who will be referred to herein as Person Five.

On November 13 and 14, 2020, for example, phone number XXX-XXX-4304 (associated with James) exchanged approximately eight calls with the number associated with Person Five. Your affiant is aware that certain Oath Keepers attended rallies in Washington, D.C., held on November 14, 2020, at which some Oath Keepers, to include Person Five, operated as a personal security detail for one or more speakers at the events.

Later, on or around November 20 and December 11, 2020, records indicate that phone number XXX-XXX-4304 (associated with James) exchanged two phone calls with Person Five. Your affiant is aware that certain Oath Keepers attended rallies in Washington, D.C., held on December 12, 2020, to protest the results of the 2020 election—at which some Oath Keepers, to include Person Five, operated as a personal security detail for speakers at the events.

Finally, records indicate that, on or around January 5, 2021, phone number XXXXXX-4304 (associated with James) exchanged six calls with the number associated with Person Five. That day, James, Person Five, and other individuals wearing apparel with the Oath Keepers name and/or insignia provided security to a speaker at the “Stop the Steal” events planned for that day.

Note that Minuta was hanging out with Proud Boy Dominic Pezzola in that December MAGA event.

James’ affidavit ends with this group photo, identifying Connie Meggs, two still uncharged Stack participants, four uncharged people who tracked with James and Minuta during the insurrection, Kelly Meggs, and another Stack member.

Both the Minuta and James affidavits focus on Oath Keeper head Stewart Rhodes, described as Person One, as does this detailed filing opposing bail for Caldwell.

James stayed in touch with others during the time of active investigation:

Since January 6, 2021, phone number XXX-XXX-4304 (known to be associated with James) has exchanged multiple phone calls and text messages with the number associated with Person Five. The number associated with James has also placed at least one call as recently as February 2021, to a phone number known to be associated with Kelly Meggs, the now-arrested self-described Florida Oath Keeper leader.

Thus far, DOJ isn’t explaining why Minuta, James, and Harrelson were arrested in the weeks after FBI started exploiting the Signal chats that organized Oath Keeper efforts on January 6 and, particular, Kelly Meggs’ communications.

But because the Oath Keepers were such promiscuous users of all kinds of social media tools, the FBI has a remarkable collection of data about the group’s activities since last fall. And they’ve picked these guys to arrest.

Update: In his detention hearing today, the FBI focused on James’ providing security for Stone.

The FBI agent who testified at Thursday’s hearing said several firearms were found during a search warrant executed at James’ home. All of the firearms were legal, and none were confiscated. They included a shotgun, a hunting rifle, a few “AR-15 style rifles,” and two pistols, the agent said.

James was paid $1,500 for security at two events, including a “Stop the Steal” rally on January 6, according from testimony from his wife, Audrey James. Stone and other pro-Trump figures held several events in Washington in addition to the official rally that Trump spoke at shortly before the attack.

Audrey James said she was sent “around $1,500 total” directly from the Oath Keepers over a mobile app. She stated the funds were paid out over a couple of months to assist her and her children during Joshua James’ absence to Texas and Washington, DC, while he was providing security. She said she didn’t know where the money originated from.

This story, by itself, presents real problems with the story Stone told. He raised funds for “security” in advance of the insurrection, but then said he couldn’t find paid security so relied on volunteers.