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As Ali Alexander Returns to DC in Wake of Grand Jury Appearance, Alex Jones’ Associates Owen Shroyer and Joe Biggs Share a Lawyer

In an attempt to quash rumors that he was the surprise witness before the January 6 Committee today (he’s not; former Mark Meadows assistant Cassidy Hutchinson is), Ali Alexander complained that the January 6 Committee didn’t let him testify publicly.

On at least four occasions, my legal counsel asked the Committee to allow my deposition to be taken publicly so that the American public could operate from a shared set of facts. The Committee denied our requests to make my testimony public again and again. Instead, they me behind closed doors for 8 hours, at my own expense, depriving me of meals or making my return flight back home. [emphasis original]

That follows a statement issued last Friday, after his (first?) grand jury appearance complaining that DOJ didn’t just use his transcript from the January 6 Committee.

I provided the documents requested and suggested they obtain my full transcript of my testimony from the January 6 Committee. They responded then that they cannot obtain those transcripts due to separation of powers and thus, they needed me to repeat my testimony here today.

I almost feel a little sorry for Alexander. This Roger Stone mentee has been sent out with the same lawyer, Paul Kamenar, who helped Stone evade real accountability for his Russian operation in 2016 (in that case, by helping Andrew Miller challenge a subpoena for a year before he ultimately joined Stone’s defense team). Perhaps Alexander thought he was going to replay that same Roger Stone script, with him playing the role that Jerome Corsi did, publicly releasing a cover story as a way to get everyone telling the same false story.

To be sure, Alexander was always fucked, because by the time he told his cover story in December, DOJ had already debunked that cover story when Owen Shroyer tried to tell it. So not only was Alexander stuck, Friday, trying to retell the same story that he told in December, but even if he succeeded, he’d be on the hook for a story that Judge Tim Kelly has already ruled to be inaccurate specifically as regards the choices that the Alex Jones retinue made after they arrived at the Capitol on January 6.

In any case, Alexander will be back in DC today talking to “officials” some more about January 6. It’s unclear whether this is a follow-up interview with DOJ, now that they’ve locked Alexander into a story, or whether the GOP will attempt to serve as a clearinghouse for stories, as HPSCI did with the Russian investigation.

But Ali Alexander, a key member of Alex Jones’ retinue, is not done telling his currently operative story yet. Perhaps, if he is interviewed further, Alexander will be asked about Stop the Steal communications first made available by Brandon Straka in spring 2021, and probably bolstered by Baked Alaska earlier this year, communications that also seem to be inconsistent with Alexander’s currently operative story.

Like I said, I almost feel sorry that Alexander agreed to play the role of Roger Stone’s patsy in this go-around, because DOJ is better situated to deal with Stone’s games this time around.

For all the focus on Alexander, that makes two other recent developments rather interesting.

First, in a status hearing on Thursday, prosecutors revealed that they had only recently received the content from Alex Jones sidekick Owen Shroyer’s phone. They were providing it, unscoped, to Shroyer’s attorney, Norm Pattis, so he can have a sense of what’s there in advance of DOJ providing him the “scoped” content (“scoped” content is the stuff that the FBI determines complies with the warrant). In that case, the sides at least claim they’re discussing a plea, with plans for a status or that plea in 45 days.

Which makes the other recent development more interesting. On June 14, Norm Pattis joined Joe Biggs’ defense team.

 

This mens that Pattis formally represents two Alex Jones associates — one who currently works for InfoWars and one who worked for Jones until he got “fired” for pushing PizzaGate in 2016 — who converged at the top of the East steps on January 6; Pattis has a longtime affiliation with Jones too.

And unless and until DOJ raises conflict issues with the men (which they’re not likely to do unless and until Jones himself is charged), Pattis will have full access to what are believed to be both sides of conversations that took place in advance of and on January 6 which resulted in an Alex Jones-led mob arriving just as the carefully orchestrated Proud Boy attack on the Capitol needed large numbers of additional, unwitting “normies” to fill the building. That’s a pretty critical set of discovery.

So one member of the retinue is struggling quite obviously with his effort to come up with a consistent story (after telling one that has already been debunked), while the other members of the retinue have arranged to be in a position to share the most important discovery from the day back and forth.

Things have gotten downright interesting with the convergence of once and current Jones flunkies at the East side of the Capitol on January 6.

Two Months after Insinuating Ali Alexander Should Be Held Responsible for January 6, Jonathan Moseley Claims To Be His Lawyer

Like Mark Meadows and John Eastman before him, Ali Alexander has sued Verizon in an attempt to keep evidence about a coup out of the hands of Congress.

The lawsuit seems significantly intended to provide information to others involved in the coup, both by identifying which texts Alexander shared with Congress and which (by omission) he did not, but also by communicating that everything he did provide to Congress constituted telephony communication. That seems to suggest that Alexander did not share any communications involving Signal, Telegram, or other messaging apps.

On November 24, 2021, Mr. Alexander provided the Select Committee with over one thousand and five hundred (1,500) mobile messages sent and received by him and people he corresponded with. All of these were using his Verizon phone service. Mr. Alexander expressed his concerns to the Select Committee about compromising the privacy rights of uninterested parties, and members of political group(s), and productions that exceeded the scope of H. Res. 503.

More importantly, Alexander provided the Select Committee with a privilege log of his text messages noting where the subject matter of the text was not pertinent to the Committee’s scope of inquiry or otherwise privileged but did not identify the party or the phone number of the sender or recipient of the text unless it was Mr. Alexander.

[snip]

At Alexander’s December 9, 2021 deposition, he testified that he had a few phone conversations with Representative Paul Gosar and no verbal phone conversations with Representatives Andy Biggs or Mo Brooks that he recalls. The Select Committee asked him about all three Members of Congress. Mr. Alexander testified that he had phone conversations with Rep. Brooks’ staff about a “Dear Colleague” letter and how his activists could be helpful. Mr. Alexander believes he exchanged a text message with Rep. Brooks, contents which he provided to the Committee. He also testified that he spoke to Rep. Biggs in person and never by phone, to the best of his recollection. In January, Mr. Alexander held an organizing call where Members of Congress might have been present and some were invited. He doesn’t recall who was in attendance because there was no roll call of attendees because the call was so large.

On January 6, 2021, it was reported that Mr. Alexander had a call with fundraiser Ms. Kimberly Guilfoyle. Mr. Alexander volunteered this information on a radio show that early morning. The Select Committee asked him about this call. He stated that it was a short and pleasant call. Ms. Guilfoyle thanked Mr. Alexander for being a leader on voting rights and creating the “Stop the Steal” movement. The two spoke about the ongoing Georgia election and the GOP primaries that would take place in 2022. The Select Committee seemed satisfied with Alexander’s explanation of that short call.

The more remarkable part of the lawsuit, however, is his legal team.

As I previously noted, Alexander is represented by Paul Kamenar, the lawyer who played a key role in attempting to cover-up Roger Stone’s role in coordinating with Russia in 2016 by delaying the testimony of Stone’s aide, Andrew Miller. Alexander had at least two other lawyers at his deposition last week, including Baron Coleman and Joseph McBride, who recently told Ryan Reilly (in regards to his representation of a different January 6 defendant) that he doesn’t give a shit about spreading bullshit conspiracy theories.

But as HuffPost went into more detail explaining why the idea that Rally Runner was some sort of undercover law enforcement agent was absurd, McBride shifted a bit. He said his job was to defend his client, and he didn’t “need to be right” in everything he claimed.

“If I’m wrong, so be it, bro. I don’t care,” McBride said. “I don’t give a shit about being wrong.”

McBride said he was simply “theorizing things” and “not publishing conclusive findings,” and he said his appearances on Carlson’s show were a part of his effort to combat the narrative being given about his Jan. 6 clients.

“If this guy turns out to be some, some guy who runs around the Cardinals’ stadium with his face painted, then that’s great,” he said. “If that’s the truth, then so be it, and God bless America.”

McBride is not on Alexander’s lawsuit, though Kamenar — Alexander’s Roger Stone cover-up specialist — is (Kamenar cc’ed Coleman on the letter he sent to Verizon alerting him to this suit).

The surprising appearance, however, is from Jonathon Moseley. Moseley currently represents Kelly Meggs — one of the Oath Keepers with ties to Roger Stone — and until Tuesday, also represented Zach Rehl, one of the Proud Boys accused of conspiring with Stone associate Joe Biggs to mastermind an attack that encircled the Capitol and involved Stone associate Alex Jones, using the excuse of permits obtained using covers by Alexander, luring unwitting Trump fans to the East doors just before they opened from inside.

Moseley’s legal promiscuity among these coup plotters is itself notable.

Crazier still is his claim to be representing Alexander just over two months after — back when he was ostensibly representing Rehl — filing a motion suggesting that Alexander (whom he repeatedly called “Ari”), not Rehl, should be the one held accountable for any crimes arising from the riot.

The one person who claims to have been the National Organizer of the “Stop the Steal movement” through events across the country and the “Stop the Steal rally” in Washington, D.C., is Ali Alexander, born Ali Abdul-Razaq Akbar. See Allam, Hannah; Nakhlawi, Razzan (May 16, 2021). “Black, Brown and extremist: Across the far-right spectrum, people of color play a more visible role”. The Washington Post, accessible at: https://www.washingtonpost.com/national-security/minorities-far-right-visiblerole/2021/05/16/e7ba8338-a915-11eb-8c1a-56f0cb4ff3b5_story.html

The mob that stormed the U.S. Capitol on Jan. 6 was overwhelmingly White,1 but the official speaker lineup for the rally that day was more diverse. Vernon Jones, a Black former Georgia state lawmaker, and Katrina Pierson, a Black adviser and former spokeswoman for the Trump campaign, were among the speakers parroting the baseless assertion that the 2020 election was stolen from Trump. Another familiar face was main rally organizer Ali Alexander, born in Texas as Ali Abdul-Razaq Akbar, of mixed Black American and Middle Eastern descent.

Id. (emphasis added).

Ari [sic] Alexander is – as far as Defendant Zachary Rehl knows – entirely innocent of the crimes committed on January 6, 2021. Surely, the FBI is busy identifying and charging those who actually attacked police officers. We are confident that the FBI will complete that important task of bringing to justice those who actually battled with police before silencing parents who are petitioning for the redress of grievances in school board meetings, thus alienating suburban mothers.

However, without undermining Alexander for exercising his rights as a citizen, the one person who CLAIMS credit for organizing the “Stop the Steal” rally and movement including in Washington, D.C. on January 6, 2021, 2 is being basically ignored while Zachary Rehl who DID NOT organize anyone or anything but himself, and tell his friends that he would be there, too, is sitting in a jail cell for things he did not do. Zachary Rehl did not get to see his child being born while being locked up since March. His wife with a newborn is struggling arrange a forbearance on the mortgage on their modest rowhouse.

See, video interview with Ali Alexander, with Jenny Chang, “Ali Alexander on What Will Happen on January 6,” NTD News, December 31, 202[sic], https://www.ntd.com/ali-alexander-on-what-will-happen-on-january-6_547084.html. Ari [sic] Alexander is presented as the “National Organizer of ‘Stop the Steal.’

Without question, some idiots and brawlers also showed up who committed criminal acts of brawling with police, apparently initiated violent assaults on police, and reportedly (though counsel has not seen it directly) there were calls before the rally that were for a variety of violent acts that are not peacefully expressing a message under the First Amendment. [all emphasis Moseley’s]

Even ignoring the overt racism suggesting that one of the few brown people involved in the riot should be the one held accountable for it, Moseley as much as says that Alexander more responsible than Rehl for any violence that happened.

Now, Moseley claims it will badly harm Alexander if Congress learns even just the phone numbers of people Alexander engaged in telephony communications with.

It has long seemed as if there was a concerted effort to ensure certain January 6 defendants receive the kind of representation that might not protect their own interests, but would firewall those they had close ties to. But Moseley’s sudden conversion to representing Alexander strains credulity.

DOJ Already Debunked the Lies Ali Alexander Is about to Tell Congress

For all the whinging about the pace of the various investigations into January 6, DOJ’s investigation has already gotten further into the Roger Stone side of the investigation than the Mueller investigation had by the time Stone testified to the House Intelligence Committee on September 26, 2017. At that point, almost fourteen months into the investigation into which of Trump’s rat-fuckers were coordinating with Russia, Mueller had obtained warrants targeting just Stone’s Twitter and Hotmail accounts.

As Stone acolyte Ali Alexander testifies before the January 6 Committee today, by comparison, just 11 months into the investigation, DOJ is already more than 100 days past the arrest of one of the men Stone and Alexander worked closely with on sowing insurrection, Owen Shroyer.

That makes the feat Ali Alexander is going to try to pull off when he testifies today to the January 6 Commission that much more fraught than what Stone tried four years ago. That’s because DOJ has already debunked some of the lies he plans to tell Congress.

In his prepared statement, which the NYT obtained, Alexander (who was originally subpoenaed because of the way he used covers to obtain multiple permits around the Capitol and incited violence in advance, neither of which he addresses in his statement) claims that he was attempting to de-escalate the riot after it started.

There are a number of videos of my associates and me arriving at the Capitol on January 6 after the violence had begun but in the early stages of the lawbreaking. In those videos, our group can be seen working with police to try to end the violence and lawbreaking. We can be seen yelling and screaming at people to STOP trying to enter the Capitol and STOP violent lawbreaking in general.

I believe those videos have been provided to the committee. If they have not, I will be happy to share them.

While I was actively trying to de-escalate events at the Capitol and end the violence and lawlessness, it’s important to note that certain people were nowhere to be found, including Amy Kremer, Kylie Kremer, and Katrina Pierson; essentially, the Women for America First leadership of the Ellipse Rally that was originally titled the “March for Trump” in their National Park Service permit application. Press reports suggest they may have had their feet up drinking donor-funded champagne in a War Room in the Willard. I don’t know where they were. But they weren’t working with police trying to de-escalate the chaos like I was.

It is my belief there may not have been a problem had that same leadership at the Ellipse event not intentionally removed instructions from the program that were supposed to be included to provide clarity on exactly where to go following the Ellipse event. When I protested the removal of those instructions, I was barred from participating as an organizer at the Ellipse event that preceded the Capitol riot. Ultimately, I was a VIP guest at the Ellipse event.

As a result, civil authority collapsed before the Ellipse Rally was over, before I arrived, and before my event was scheduled to begin.

To clarify: My permitted event at Lot 8 never took place. The “One NationUnderGod”event that Stop the Steal was a part of did not start the chaos. The chaos was well underway before our event was scheduled to begin.

We never held our event. We weren’t allowed to. [bold my emphasis, underline Alexander’s]

When Shroyer attempted to make this very same argument in a motion to dismiss in October, he at least included one (but not the most damning) video along with his argument. Here, having received a subpoena asking for such items, Alexander vaguely waves at videos he assumes the Committee has already received.

As the government’s response to Shroyer’s motion laid out, as Shroyer and Jones and Alexander led mobs to the Capitol even after “civil authority” had, according to Alexander, already “collapsed,” the InfoWars personalities were further riling up the mob.

After hearing that people may have breached the Capitol, [Shroyer], [Alex Jones],  and others began leading this large crowd down Pennsylvania Avenue toward the Capitol Building.4 The defendant is encircled in red below with a megaphone, at the front of the crowd.

En route, [Shroyer] continued shouting to the crowd walking behind and around him through his megaphone: “The traitors and communists that have betrayed us know we’re coming. We’re coming for all you commie traitors and communists that have stabbed us in the back. You’ve stabbed us in the back one too many times!” He continued, “We will not accept the fake election of that child-molesting Joe Biden, that Chinese Communist agent Joe Biden, we know where he belongs and it’s not the White House!” The defendant then led chants of “Stop the steal!” and “1776!”—an apparent reference to the “first” American Revolution and a renewed need to overthrow the government.

4 See Dkt. 1 at 4 n.5 (citing https://banned.video/watch?id=5ff634c2f23a18318ceb19f1 (last accessed on November 12, 2021)); see also Dkt. 1 at 6 n.8 (citing https://banned.video/watch?id=5 ff6148af23a18318ce99233 (last accessed on November 12, 2021)). [yellow circle marking Alexander added]

Then Jones, Shroyer, and Alexander gave a speech inside the restricted area of the Capitol (but not at one of the areas for which Alexander had a permit).

After the Joint Session got underway at 1:00 p.m., Shroyer entered the Capitol Grounds. He first positioned himself with others on the west side of the Capitol Building, within both the restricted area on January 6 and the broader Capitol Grounds boundaries on the defendant’s DPA map seen above. There, he stood on stacks of chairs and other equipment with [Jones] and led a crowd of hundreds of individuals on the Capitol grounds in chants of “USA! USA! USA!”6 [Shroyer] is encircled in red below on the Capitol grounds soon after leading these chants with a megaphone.

[yellow circle marking Alexander added]

The government doesn’t note it, but January 6 trespasser Stacie Getsinger did on Facebook: while at that non-permitted spot, Jones promised the mob that if they followed him to the East side of the Capitol, they’d get to hear Trump speak again.

Only after promising the mob they’d get to hear Trump did Jones’ handlers attempt to get sanction to go to the East side of the building by promising to de-escalate the riot that they had intentionally led more people to. As the government interprets the video that Shroyer himself provided, when Jones’ bodyguard offered to help de-escalate, the cop pointed northeast, which happens to be where Alexander had a permit and a stage already set up, at the “Lot 8” that Alexander claims they weren’t permitted to use.

INDIVIDUAL: I’m with [Jones], man. I’m telling you right now, he just tried to deescalate this stuff. If we can talk to someone and get him up there, we can get them to back off.

OFFICER: Take it over to the east, the east front’s the problem now. *Pointing east.*

INDIVIDUAL: This is the problem? *Pointing east.*

OFFICER: East front is the problem now.

INDIVIDUAL: Ok, so we need to get him up there and tell people to …

OFFICER: The east front is the problem now.

INDIVIDUAL: Alright, is there a way that we can get him to a position …

OFFICER: Through the hole, through the hole that you guys breached right there *Pointing northeast away from the Capitol Building.*

INDIVIDUAL: We didn’t breach anything.

OFFICER: Well, the whole group that was with you guys.

INDIVIDUAL: We’re just trying to help.

OFFICER: Out through there, all the way out there, take him up there. *Pointing northeast, away from the Capitol Building.* [my emphasis]

That is, this cop specifically told Jones and his entourage, including Alexander, to go to the area where Alexander had a permit (albeit for dozens, not thousands, of people). Instead of going in that direction, they instead circled around close to the Capitol, stepping over barricades and an “Area Closed” sign.

As the defendant and his group curved around the Capitol Building, the body-camera individual stated, “Here’s an opening right here.” The defendant and his group then walked toward where the body-camera individual pointed, passing downed and moved temporary barricades and stepping over at least one fallen sign that appeared to read “Area Closed,” as seen below circled in red.

When Jones’ bodyguard again asked for sanction to trespass in the area where they didn’t have a permit, the cops walked away.

The body-camera individual continued to yell that [Jones] could deescalate the situation, begging them to let Person One speak to the crowd. The two officers speaking then walked away and out of sight. The body-camera individual exhorted, “Nah, that’s not good, dude. That’s not good. That’s fucked. That’s fucked. No way. No fucking way. No way.”

After being told to pull the crowd away towards where Alexander had a permit, but instead deciding to go speak where he didn’t, Jones’ bodyguard acknowledged they might get in trouble for doing so.

The body-camera individual then walked back toward the defendant’s group and asked, “Just get him up there? Hey, Tim, just get him up there? Just do it? But we know we might catch a bang or two.”

And then, after the entourage joined former Jones’ staffer Joe Biggs and the advance guard of the Oath Keepers at the top of the East steps, Jones and Shroyer — still with Alexander present — called for revolution.

Once the defendant and others nearly reached the top, he began to use his megaphone to lead the large crowd in various chants, including “USA!” and “1776!”—again, a reference to revolution.

While, before Jones lured more mobs to the East side of the building, he did call people to stand down, once he got to the East steps, he further riled the crowd. As the government notes sardonically, calling for revolution “does not qualify as deescalation.”

Even assuming the defendant’s argument is true and the defendant received permission to go to the Capitol steps for the limited purpose of deescalating the situation, the defendant did not even do that. Quite the opposite. Despite the defendant’s arguments today that “Shroyer did nothing but offer his assistance to calm the crowd and urge them to leave United States Capitol grounds,” Dkt. 8-1 at 14, the defendant himself said otherwise in an open-source video recorded on August 21, 2021: “From the minute we got on the Capitol, the Capitol area, you [referring to Person One] started telling people to stand down, and the second we got on there, you got up on stacks of chairs, you said, ‘We can’t do this, stand down, don’t go in.’ … And I’m silent during all of this” (emphasis added).11 Moreover, as seen in other videos and described above, the defendant forced his way to the top of Capitol Building’s east steps with Person One and others and led hundreds of other rioters in multiple “USA!” and “1776!” chants with his megaphone. Harkening to the last time Americans overthrew their government in a revolution while standing on the Capitol steps where elected representatives are certifying a Presidential Election you disagree with does not qualify as deescalation.

Had Ali Alexander and Alex Jones taken the crowd they had led to the riot, like Pied Pipers, to Demonstration Area 8 (per the permits that BuzzFeed liberated), which is roughly where the cops directed them to go, and which is where they had a stage and a sound system, they might have prevented, or at least mitigated, the breach of the East front.

Instead, Alexander’s entourage joined their militia allies on the East steps and incited revolution, just moments before some of those militia members forcibly opened a second breach into the Capitol.

Alexander’s real goal, in testifying to the committee (rather than pleading the Fifth, which would be the smart thing to do) may be to learn what the Committee knows, while pretending that his cooperation — which has taken two months, not two weeks — is voluntary, not legally mandated.

In closing, I want to reiterate my posture of compliance. Over the past few weeks, I have spent more than 100 hours personally searching through my archives looking for relevant and responsive documentation to this committee’s requests. I’ve probably spent another 100 hours preparing to answer your questions. I have hired attorneys and computer consultants to be as responsive as possible and provide as much as I could find within the short amount of time I had to produce documents.

I did all of this despite not being accused of a crime. I did all of this despite being a private citizen with Constitutional rights protecting me from unreasonable searches and seizures and without a warrant entitling anyone to the documents I’ve voluntarily provided. It’s prevented me from working. It’s prevented me from sleeping, at times. It’s been extremely difficult and burdensome.

But I am voluntarily here to do the patriotic thing.

If this committee thinks of anything I haven’t turned over to which you believe I may have access, I ask you please to let me know and help refresh my memory. [bold my emphasis, italics Alexander’s emphasis]

When Stone tried to avoid telling the truth to Adam Schiff four years ago, when he actually hadn’t yet received a subpoena, it still led to his prosecution for multiple false statements. Here, Alexander is simply pretending he hasn’t been subpoenaed to appear.

Alexander will be represented today by, among others, Paul Kamenar, the lawyer who — after Roger Stone learned that his former aide had provided damaging information to the FBI — appealed Andrew Miller’s subpoena to testify to Mueller’s grand jury to the DC Circuit, thereby stalling until after the Mueller Report was done. Immediately after the trial was done, Stone hired Kamenar, presumably to learn what Miller had said in subsequent FBI interviews.

That raises real questions about whether Alexander is repeating Stone’s colossally stupid approach to the Russian investigation for his own benefit, or for Stone’s.

Roger Stone Assistant Andrew Miller Fought His Subpoena Far More Aggressively than His Former Boss

I want to look at a notable asymmetry in the way Roger Stone and his former assistant Andrew Miller responded to being subpoenaed by Robert Mueller’s team.

As I noted in an update to this post, in November 2018, Mueller’s team subpoenaed Stone after Chuck Ross published texts Stone gave the journalist so he would publish a bullshit claim that Randy Credico was Stone’s back channel.

Pointing to the text messages, Stone asserts that Credico “lied to the grand jury” if he indeed denied being Stone’s contact to Assange.

“These messages prove that Credico was the source who told me about the significance of the material that Assange announced he had on Hillary. It proves that Randy’s source was a woman lawyer,” Stone told TheDCNF.

Ross published five sets of texts, four of which he clearly attributed to Stone.

The text showing Credico reminding Stone that he had an earlier source by itself actually undermined Stone’s claim to HPSCI that Credico was his source. Emails FBI already had in possession showed Credico’s comms with Stone post-dated Stone’s public claims to have had an intermediary to Julian Assange.

By providing texts to Ross Stone had told HPSCI he didn’t have, he provided all the evidence needed to be found guilty of one charge in his eventual indictment. In addition, unbeknownst to Stone, Credico didn’t have some of his own texts, including some of the ones that Stone had retained. So by providing them to Ross, Stone made it clear he had texts that were otherwise unavailable.

The fact that Stone had those texts, from a phone he stopped using in 2016, also contributed to the probable cause that the phone would be in one of Stone’s homes when the FBI searched them.

The affidavit supporting the search of Stone’s homes makes it clear that Stone did comply when the FBI subpoenaed him for texts he was freely willing to share with Chuck Ross, though the description of it as “recent[]” may suggest that Stone stalled a bit.

The government has only recently obtained text messages between Stone and Credico during some period of the campaign in 2016 from Stone’s subpoena production, issued after media reports in November 2018 stated that Stone’s attorneys were able to extract text messages between Stone and Credico from a phone Stone stopped using in 2016.

Still, Stone complied with a Mueller subpoena with nary a public squawk.

Compare that with a new detail the files released last week make clear about Andrew Miller’s year long fight of a Mueller subpoena. We knew that, after Miller agreed to an FBI interview with no counsel on May 9, 2018, he then commenced a year-long subpoena fight to avoid testifying before the grand jury, with an inordinate amount of legal fuckery. We knew that the very last thing that occurred under Mueller’s authority was the final negotiation for Miller’s testimony — though the grand jury Miller appeared before was actually not Mueller’s, suggesting Miller’s testimony was needed for the ongoing investigations still hidden in court filings released last week. (Prosecutors subpoenaed Miller to be available for Stone’s trial but never called him, so his testimony did pertain in some way to the lies Stone told HPSCI.)

What we didn’t know before last week is how much Stone communicated with Miller while the former assistant launched this subpoena challenge. After he met with the FBI, an August 2018 warrant makes clear, Stone and Miller spoke by phone. They did the next day too, when Mueller subpoenaed Miller. Miller stalled in a variety of ways for a month. Then, on June 14, after Mueller moved to force Miller to testify, Stone and Miller emailed five times. That’s the period when Miller got a new lawyer, Paul Kamenar, who led Miller’s subpoena challenge to the Supreme Court, all the while claiming Miller was challenging the subpoena it for libertarian reasons. Between May 23, 2018 and August 3, 2018, as that challenge was proceeding, Stone and Miller exchanged over 100 emails. (Chief DC Judge Beryl Howell, who authorized the August 3 warrant, had just ordered Miller to testify as soon as possible, which led directly to his appeal.)

The difference in response to the subpoena may simply reflect that Miller launched the challenge to Mueller’s authority that Stone otherwise might have made. Or it may reflect that there’s no defense to a subpoena if you’re selectively feeding the subpoenaed materials to the press.

But it also might suggest that Stone viewed whatever testimony Miller provided to be more damning to Stone than turning over texts that would prove that Stone’s claim that Credico was his back-channel to Assange was bullshit.

On April 24, Kamenar filed a notice of appearance as Stone’s lawyer in his prosecution and will represent Stone for the appeal.