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Jeffrey Clark: Physics Takes Over the Investigation Now

Last Thursday was an exciting day for those who have doubted Merrick Garland’s DOJ was really investigating top officials for matters pertaining to January 6.

Not only did multiple outlets describe Republicans involved in the fake elector scheme receiving subpoenas or even, in at least three cases, search warrants for their devices, but Jeffrey Clark’s home in Virginia was also searched on Wednesday. As part of that, according to the hysterical account Clark gave on Tucker Carlson, whatever agency did the search used an electronics sniffing dog and seized all the electronics in the house.

And that makes it a really good time to talk some more about how investigations work in the era of encrypted applications. It’s likely to be months — likely at least six months — until anything comes out of last week’s seizures.

The reason has to do with physics (and law).

We can be fairly certain that Clark — and probably some of the fake electors on whom warrants were served — used Signal or other encrypted apps. That’s because Mark Meadows and Scott Perry were conducting some of this conspiracy over Signal too, as was made clear in a slide in Thursday’s hearing.

Indeed, one reason Clark may have been raided is because he makes an easier target, for now, than Meadows or the Members of Congress who were involved. All of Clark’s communications directly with then President Trump bypassed DOJ’s contact guidelines and most can be shown to be part of a plot to overturn the election, whereas many of Meadows’ communications will be protected by Executive Privilege and Perry’s by Speech and Debate (though as I keep repeating, DOJ will be able to piggyback off the privilege review that the January 6 Committee has done).

To obtain Signal conversations that haven’t been saved to the cloud, one needs at least one of the phones that was involved in the conversation. That assumes the texts were not deleted. In the James Wolfe investigation, the FBI demonstrated some ability to recover deleted Signal texts, but in the Oath Keeper investigation, their Signal deletions forced investigators to seize a whole bunch of phones to reconstruct all parts of the communications.

By law, the government should have some of these Signal texts accessible. Under the Presidential Records Act, Mark Meadows had a legal obligation to share any such texts with the Archives. But because he replaced his phone in the months after the insurrection, at a time he knew of the criminal investigation, he may not have been able to comply. If DOJ can prove that he deleted Signal texts, he might be on the hook for obstructing the DOJ investigation.

So one thing DOJ may have been trying to do, by seizing the phones of at least four players in the fake electors plot on the same day, was to obtain phones sufficient to reconstruct any Signal threads about the plot. Those served subpoenas, both in this and an earlier round of subpoenas, will have to turn over Signal texts too, if they meet the terms of the subpoena. If DOJ were trying to reach the far higher bar of obtaining a warrant against someone protected by Speech and Debate or other privileges — like Perry — they likely would need to use such threads to meet that higher bar.

So back to the physics.

The table below shows how the investigations into a number of high profile investigative subjects have proceeded. While there are exceptions (investigations where the FBI has some excuse or urgency to conduct an interview, as with Mike Flynn and George Papadopoulos, are different), investigators often first obtain readily accessible cloud content with a gag order, then use the information from a person’s cloud content to obtain probable cause for a warrant to seize phones. Under that pattern, the phone seizure will alert a subject of an investigation to that investigation. In most cases (the first round of January 6 arrests and Roger Stone are exceptions, each for different reasons), the search of phones precedes any arrest by months if not years.

Whereas, during the Mueller investigation, the FBI could exploit phones in four months time, of late, it has been taking closer to six months to exploit cell phones, even without any kind of special review. Part of this delay is physics: if a person uses any kind of secure password, it takes the FBI time to crack that password (and still more time if someone uses additional security features, as Enrique Tarrio did). In many cases, the DOJ will have to use a filter team to exclude data that is somehow privileged; in all cases, DOJ will then do a scope review, ensuring that the investigative team only gets material responsive to the warrant. When a special review is required, such as the attorney-client privilege review for Rudy or the “journalistic” review for Project Veritas, that process can take much longer. Because DOJ will have to conduct a fairly exhaustive filter review for an attorney like Clark, it might take closer to nine months to exploit the devices seized last week.

This pattern suggests several things about the investigation into Jeffrey Clark (and the fake electors). First, DOJ likely obtained their first probable cause warrants against Clark and the fake electors months ago, probably pretty close to the time (though hopefully before) Lisa Monaco confirmed the investigation into the fake electors in January. In Clark’s case, an investigation may have come from a referral from DOJ IG. So contrary to what many outlets have reported, such as this example from James Risen at the Intercept, the searches of Clark and others are not proof that an investigation is beginning or that DOJ only recently established probable cause. Rather, they suggest DOJ has been investigating covertly for months, at least long enough to obtain probable cause that even more evidence exists on these phones.

But it’s also likely that it will take DOJ some months — until Christmas at least — to exploit Clark’s phone. This investigation will not move as quickly as you might think or hope that this point, and that’s partly dictated by the constraints of cracking a password — math and physics.

All that said, several prongs of an investigation that could implicate Trump may be much further on. As I’ll show in a follow-up (and as I’ve mentioned in the past), the investigation into Stop the Steal is undoubtedly much further on than people assume given Ali Alexander’s grand jury appearance last week. And the FBI has ways of getting content via the Archives, much as they obtained content from Trump’s transition from GSA, that bypass pattern laid out above.

What the government had to have been able to prove before it searched Clark and others last week was not just that that had probable cause against those subjects, but that the cloud content otherwise available to them showed that aspects of the crime were committed using materials only available on people’s phones, likely encrypted messaging apps.

Update: Several people have asked why there would be a privilege review for Clark’s phone, since he would have been a government attorney through January 6. I’m not certain there would be, but if a warrant covered the time since January 6 (which I think likely given what DOJ has done with warrants elsewhere), then any lawyering he has done since he left would be privileged.

Update: As noted in comments, also on Wednesday, the FBI seized John Eastman’s phone. The warrant is from DOJ IG, not DC USAO and bears a 2022 case number. DOJ IG opened an investigation into Clark in 2021, but perhaps something they saw in the Jan6 Committee hearings led to a new prong of the investigation, leading to this search? Given the squirreliness regarding what agency did the search of Eastman, I wonder if both these investigative steps were DOJ IG.

Background material

This annotated file shows the unsealed Mueller warrants, with labels for those warrants that have been identified.

This post shows how the Michael Cohen investigation started with Russian-related warrants in the Mueller investigation then moved to SDNY, including a crucial detail about preservation orders for Cohen’s Trump Organization emails served on Microsoft.

This post shows how the investigation into George Papadopoulos developed; his is the outlier here, in that overt actions took place closer to the beginning of the investigation — but in his case, DOJ used a series of informants against him to obtain information.

This post describes how Trump’s team only discovered Mueller had obtained transition devices three months after Mueller obtained them, via Mike Flynn’s statement of offense.

This post shows that the seizure of Roger Stone’s phones with his January 2019 arrest was just one step in an ongoing investigation.

This post uses the Michael Cohen example to explain how the Rudy investigation might work.

This post shows how the investigation into Project Veritas developed.

This post shows how it took almost an entire year to crack Enrique Tarrio’s password, with a filter team delaying access for another month.

This post describes how the sheer volume of Stewart Rhodes’ Signal texts delayed his arrest.

Three Months Later, DOJ Finally Gets Interested in Sidney Powell’s Militia Defense Fund

In the Oath Keepers case, the government just sent out a letter raising concerns about DC’s Rule 1.8(e) that governs the ethical obligations in cases where a third party pays for someone else’s defense. That’s allowed, but there are three necessary conditions: that the defendant make informed consent, that the payor not interfere in case decisions, and that information about the case may not be shared with the payor.

(1) The client gives informed consent after consultation;

(2) There is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship; and

(3) Information relating to representation of a client is protected as required by Rule 1.6.

At issue is the scheme that BuzzFeed revealed and Mother Jones later reported that describes that Sidney Powell is paying for some of the Oath Keepers’ defense.

As the government describes, in response to the government’s queries, lawyers for Stewart Rhodes and Jessica Watkins did not respond, the Meggs’ lawyers and that of Kenneth Harrelson say they’re in compliance with the rule, and William Shipley, who is representing Roberto Minuta, said he’d respond to Judge Mehta’s inquiries, but didn’t answer to DOJ.

1. Attorney David Fischer, who represents Thomas Caldwell, stated that he was in compliance with Rule 1.8(e) and that he “has received no funding from, and has no affiliation with, Defending the Republic.”

2. Attorney Scott Weinberg, who represents David Moerschel, stated he was in compliance with Rule 1.8(e) and that he was not receiving any funding from Defending the Republic.

3. Attorney Gene Rossi, on behalf of himself and co-counsel Natalie Napierala and Charles Greene, who represent William Isaacs, stated that they were in compliance with Rule 1.8(e) and that they were not receiving any funding from Defending the Republic.

4. Attorney Tommy Spina, on behalf of himself and co-counsel Edward B. MacMahon, Jr., who represent Jonathan Walden, stated that they were in compliance with Rule 1.8(e) and that they were not receiving any funding from Defending the Republic.

5. Attorneys Julia Haller and Stanley Woodward, who together represent Kelly Meggs and Connie Meggs, stated that they were in compliance with Rule 1.8(e). They did not specifically inform the government whether their fees were being paid by Defending the Republic.

6. Attorney William Shipley, who represents Roberto Minuta, declined to answer, but wrote, “Should Judge Mehta wish for my client or me to explain the arrangement for funding my client’s legal defense in order to confirm that my client’s Sixth Amendment right to conflict-free counsel are being afforded – or waived – we will provide him with whatever information he requests.”

7. Attorney Bradford Geyer, who represents Kenneth Harrelson, stated that he was in compliance with Rule 1.8(e). He declined to inform the government whether his fees were being paid by Defending the Republic.

The other defense counsel whom the government believes to be retained rather than court-appointed – Phillip Linder and James Lee Bright for Stewart Rhodes, and Jonathan Crisp for Jessica Watkins – have not yet responded to the government’s letter.

The letter DOJ sent to the defense attorneys suggested that Powell’s interests may diverge from these defendants.

The Supreme Court has said that “inherent dangers . . . arise when a criminal defendant is represented by a lawyer hired and paid by a third party.” Wood v. Georgia, 450 U.S. 261, 269 (1981). In Wood, the third-party payer was the “operator of the alleged criminal enterprise,” and thus the lawyer had an interest in the clients not testifying against the third-party payer or taking other actions contrary to the payer’s interest.4 Id. Indeed, comment 10 to Rule 1.8 explains that “third-party payers frequently have interests that differ from those of the client.” Here, Defending the Republic may have interests that diverge from these defendants.

4 As Defendant Kelly Meggs’s former counsel Jonathon Moseley told Mother Jones, Defending the Republic’s “financial support has the effect of making plea bargains less likely.” This fact could be against the interest of a particular defendant.

I’m happy DOJ is addressing this. The lawyers who are reported to be on Powell’s dole seem to be pushing conspiracy theories in lieu of a real defense.

What I don’t understand is the timing. BuzzFeed first reported this on March 9. DOJ only sent out its inquiry letter on June 16, over three months later.

And thus far, DOJ is only raising this in the Oath Keepers’ case. At the very least, you’d think DOJ would make similar inquiries in the Ryan Samsel case; he’s represented by the same team, Stanley Woodward and Juli Haller, as is representing the Meggses. And after he was assaulted, Samsel seemed to decide not to cooperate (against what would be Joe Biggs).

Similarly, William Shipley is representing a slew of defendants, including many of the Proud Boys who might most immediately implicate Biggs.

Finally, Jimmy Haffner, one of the Proud Boys accused of helping to open up the East Door of the Capitol, posed with Powell when her fundraising bus came through town in 2020.

Of course, DOJ has been investigating Powell herself since at least September, so maybe they’re learning of new conflicts only now.

So who else is Sidney Powell paying? And why is DOJ only doing something about it now?

Forty Feet: Trump Sicced a Murder Weapon on Mike Pence

Harry Litman observed after yesterday’s January 6 Committee hearing that you might be able to charge Trump with the attempted murder of Mike Pence.

This was not new news yesterday though.

I reported on the DOJ and the Committee’s mutual focus on the targeting of Pence on January 5. In a piece that described that Marc Short had not yet agreed to cooperate and Pence might never cooperate, NYT reported on the same focus of DOJ filings days later. Though, as sometimes happens, NYT got the timeline wrong; Gina Bisignano swore to her focus on Pence in August (and has not reneged on that point even as she attempts to withdraw her guilty plea), and Josiah Colt described how he and two co-conspirators responded to news that Pence would not stop the vote count by breaching the Senate in July 2021, almost a year ago.

DOJ has been focused on the effect of Trump’s targeting of Pence for over a year. In fact, to substantiate the seriousness of the threat facing Pence that day, the Committee cited witness testimony that has been public since January 13, 2021, in Proud Boy Dominic Pezzola’s original arrest affidavit.

W-1 further stated that members of this group, which included “Spaz,” said that they would have killed [Vice President] Mike Pence if given the chance. According to W-1, the group said it would be returning on the “20th,” which your affiant takes to mean the Presidential Inauguration scheduled for January 20, 2021, and that they plan to kill every single “m-fer” they can.

The allegation actually doesn’t show up in the Proud Boy sedition indictment, though Proud Boy Matthew Greene’s plea allocution talked about how the militia swarmed the Capitol with the intent of adding pressure to Pence.

To be sure, yesterday’s hearing laid out the following additional pieces of proof that Trump was specifically targeting Pence:

  • Jason Miller and Greg Jacob’s description of Trump’s deliberate misrepresentation, overnight on January 5, falsely claiming Pence agreed with him about the vote count
  • Descriptions about Trump calling Pence on around 11 on January 6 and calling him a whimp and a pussy, a call that distressed Ivanka because, “It was a different tone than I’ve heard him take with the Vice President before”
  • Trump’s addition references to Mike Pence in his January 6 speech, both in the prepared script and ad-libbed along the way
  • Details from White House aides confirming that Mark Meadows had informed Trump about the violence at the Capitol and how, instead of a tweet calling for calm, Trump instead “pour[ed] gasoline on the fire” (as Former White House Deputy Press Secretary Sarah Matthews described it) by calling out Pence again in a tweet at 2:24 the day of the insurrection
  • Greg Jacob’s testimony about tensions with the Secret Service about evacuating the Capitol
  • Marc Short’s description of conversations with Kevin McCarthy expressing frustration that Trump wasn’t taking the circumstances seriously
  • Reconfirmation that Trump never called Pence to check on the Vice President’s safety
  • Tracking of Jacob’s “Thanks to your bullshit we are now under siege,” to events at the Capitol

Committee member Congressperson Pete Aguilar explained that at the moment Pence was evacuated from his ceremonial office, he and the mob were just forty feet apart.

The Committee looked at the threat posed by the Proud Boys to Pence.

It doesn’t look at something far more substantive, though potentially far more complex. Immediately after Trump’s tweet, the Oath Keepers indictment describes communications between Roger Stone associate Kelly Meggs and Stewart Rhodes, followed by a conference call involving those two and operational lead Mike Simmons. The Oath Keepers converged, and then the first Stack and the second (made up of men who had been providing security to Roger Stone that morning) breached the East doors, along with Joe Biggs and the mob brought by Alex Jones.

Once inside, the first Stack broke up, with Meggs and others heading towards Speaker Pelosi’s office to hunt her down.

103. Shortly thereafter, WATKINS and other members ofStack One exited the Rotunda through the northbound hallway toward the Senate Chamber.

104. Around this time, a member of Stack One yelled “the fight’ s not over” and waved !rioters down the hallways toward the Senate Chamber.

105. At 2:45 p.m. and afterward, WATKINS and other Stack One members joined the imob in pushing against a line of law enforcement officers guarding the hallway connecting the Rotunda to the Senate Chamber, as WATKINS commanded those around her to “push, push, !push,” and to, “get in there, get in there,” while exclaiming, “they can’t hold us.” When officers responded by deploying a chemical spray, the mob-including WATKINS and other Stack One members-retreated.

106. At 2:45 p.m., MEGGS, HARRELSON, HACKETT, MOERSCHEL, and other Stack One members walked southbound out of the Rotunda and toward the House of Representatives in search of Speaker Pelosi. They did not find Speaker Pelosi.

The others attempted to get to the Senate, whence Mike Pence had, minutes earlier, been evacuated.

As I’ve noted, with the sedition indictments, DOJ also added 18 USC 372 charges, conspiracy “to prevent, by force, intimidation, or threat, any person … from discharging any duties thereof.”

DOJ may never show that Trump and the mob he sicced on his Vice President conspired to kill him, or even that Trump’s 2:24PM tweet aided and abetted the attempts to find and assassinate Pence — though the judge presiding over the Oath Keepers case has deemed the possibility Trump could be held accountable for aiding and abetting to be plausible, at least for a lower civil standard. But there’s little doubt that Trump, his lawyers, two militias, and the mob entered into a common effort to prevent Pence from doing his duty that day. And with the militias, you can draw a line between Trump, his rat-fucker, Alex Jones, and the men at the Capitol to the threat and intimidation Trump sicced on his Vice President.

The January 6 Militia Witnesses Are Cooperating with DOJ, Probably Not the January 6 Committee

Liz Cheney made a comment in Thursday’s public hearing that has attracted some attention. As part of her explanation that the January 6 investigation is ongoing, she said,

As we present these initial findings, keep two points in mind. First, our investigation is still ongoing. So what we make public here will not be the complete set of information we will ultimately disclose. And second, the Department of Justice is currently working with cooperating witnesses and has disclosed to date only some of the information it has identified from encrypted communications and other sources.

Some have wondered whether this reflects some kind of insight into where the DOJ investigation is headed.

I doubt that Cheney’s comment reflects any greater insight into where DOJ is headed than I’ve gotten from tracking DOJ’s investigation closely, though as I’ll explain below, the Committee undoubtedly has non-public insight into how the militias coordinated with those close to Trump. (One possible — and important — exception to this assumption might be Joshua James, the Oath Keeper who is known to have testified in an NYPD inquiry targeting Roger Stone associate Sal Greco.)

While the Committee showed clips of depositions it had with Stewart Rhodes (pleading the Fifth in response to a question about arming members), Enrique Tarrio (expressing regret he didn’t monetize the Stand Back and Stand By comment), and Jeremy Bertino (who is Person-1 in the sedition indictment charging the Proud Boy leaders and who told the Committee that membership tripled in response to Trump’s comment), the more substantive claims about the militias on Thursday always cited the indictments against them, not evidence independently gathered by the Committee.

For example, Cheney described how Trump’s December 19, 2020 tweet, “initiated a chain of events. The tweet led to the planning for what occurred on January 6, including by the Proud Boys, who ultimately led the invasion of the Capitol and the violence on that day.” In his questioning of documentarian Nick Quested, Bennie Thompson likewise cited the indictment against the Proud Boys for claims about the lead-up to the attack.

To be sure, Thompson laid out details of the attack that are not generally known, but which are public: the Proud Boys skipped Trump’s speech and kicked off their attack to coincide with the Joint Session, not Trump’s speech; the Proud Boys first attacked at the site where the mob soon to be led by Alex Jones would arrive. I’ve laid out some of these dynamics in this post, and the Sedition Hunters have developed two detailed timelines that show how this worked, one describing the phases of the attack, and another capturing key communications of those implicated in it.

I’ve likewise noted what Cheney has: The Proud Boys — and virtually everyone else who organized in advance — responded to Trump’s tweet as if it was an order. I’ve also described — in a post called, “Back Was Stood, And By Was Stood: The Passive Voice Behind the Top Down Structure of the Charles Donohoe Statement of Offense” — how in cooperating witness Charles Donohoe’s Statement of Offense, DOJ for the first time used the passive voice to describe how the riot was announced.

[T]he foundation of that hierarchy that is so remarkable.

On December 19, 2020, plans were announced for a protest event in Washington, D.C., on January 6, 2021, which protest would coincide with Congress’s certification of the Electoral College vote.

On or before December 20, 2020, Tarrio approached Donohoe and solicited his interest in joining the leadership of a new chapter of the Proud Boys, called the Ministry of Self Defense (“MOSD”). Donohoe understood from Tarrio that the new chapter would be focused on the planning and execution of national rallies and would consist of hand-selected “rally” boys. Donohoe felt privileged to be included and agreed to participate.

Close to every other filing in the January 6 case that mentions the announcement of these plans actually cites what was taken as the formal announcement: Trump’s tweet, in response to which hundreds if not thousands of rioters began to make plans to come to DC.

Peter Navarro releases 36-page report alleging election fraud ‘more than sufficient’ to swing victory to Trump https://t.co/D8KrMHnFdK . A great report by Peter. Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!

The import of that December 19 tweet was clear even in real time; the NYT and WaPo recently returned to the central role it plays in a great number of January 6 cases.

But this statement of offense instead presents what was viewed as an order from Trump in the passive voice: “Plans were announced.” Trump announced those plans, as every other charging document makes clear.

And the next day, in response to that announcement, Tarrio started building that top-down hierarchical structure that would go on to intentionally assault the Capitol and cops.

There are many things this statement of offense does with that masterful use of the passive voice. It implicates, without mentioning, people like Peter Navarro and Ali Alexander, the former because he was mentioned in the tweet and the latter because he was organizing it. The statement of offense makes clear that Tarrio told Donohoe and other Ministry of Self Defense leaders about what their plan was, but doesn’t reveal what he has shared, particularly what he shared about direct planning with people close to Trump. Indeed, the language of the statement of offense leaves open the possibility that Tarrio was moving on this even before the public launch of the riot by Trump.

But most importantly, without naming him, this structure puts Trump at the head of that hierarchy that bears top-down responsibility for the intentional violence and damage in the service of obstructing the vote certification.

The implication from the Statement of Offense is that Donohoe learned certain things starting on December 20 that he has shared with prosecutors. One reason I’m pretty sure that prosecutors haven’t shared it with the Committee, yet, is because Donohoe’s cooperation does not show up in the discovery index provided to the defendants themselves on May 12, over a month after Donohoe flipped, which prosecutors filed publicly last week. Similarly, prosecutors have not yet explicitly told defense attorneys the person who shared a plan with Tarrio talking about occupying the Capitol, though they have the returns for Tarrio’s phone that should help defense attorneys learn that person’s identity.

(I do wonder whether a challenge to a very recent call records subpoena from the Committee by Russian-American Kristina Malimon, discovered by Kyle Cheney, not to mention the high profile former Trump impeachment lawyers representing her, means the Committee thinks they’ve figured out the person’s identity, though.)

The schedule of upcoming January 6 hearings explains one reason why Cheney referenced the ongoing investigation when citing DOJ’s cooperating witnesses:

  • June 13: The Big Lie
  • June 15: Decapitate DOJ
  • June 16: Pressuring Pence
  • June 21: Pressuring the States
  • Hearing 6: Trump Assembles a Mob and Sics it on Congress
  • Hearing 7: Trump Does Nothing as Capitol Is Attacked

The dates for the last two hearings, hearings that will include details about how the Proud Boys paused their attack to await reinforcements brought by Alex Jones, opened a second front in seeming coordination with the Oath Keepers and Jones, and considered a second assault until learning the National Guard had finally been deployed, are not known yet. Whenever they are, though, they’ll come after June 21, and therefore after the June 17 discovery deadline in the Proud Boy Leaders case. DOJ has said they won’t supersede the Leaders indictment beyond what it currently is (meaning no more co-conspirators will be added to it). But the fates of Persons-1 (Bertino), -2, and -3 are up in the air right now, as well as a number of charged Proud Boys (like Ron Loehrke), who played key roles in the tactical success of the attack but who have not yet been indicted. Similarly, the fates of those known to coordinate most closely with the militias — Roger Stone, Alex Jones, and Ali Alexander — remain uncertain.

Who knows? Their fates may be less uncertain between now and the last Committee hearing!

To be clear: as Chairman Thompson told Jake Tapper this week, the Committee does know of some of the coordination. I’ve heard of a communication implicating Stone that I believe the Committee has. Alex Jones complained about how many communications the Committee — specifically those of Cindy Chafian and Caroline Wren — had obtained, and one or both of them also communicated with Tarrio. A key focus of the testimony of Dustin Stockton and Jennifer Lawrence — and surely, Katrina Pierson, whom Stone and his associates have tried to blame for the attack — described their panic after Trump told his mob to walk to the Capitol. That testimony must explain why Pierson fought so hard to keep Wren’s chosen speakers, including Mike Flynn, Roger Stone, Brandon Straka, and others, off the stage. This fight also shows up in Mark Meadows’ texts. And Ali Alexander testified for eight hours; we’ll see how successfully the Committee debunked his already-debunked cover story, but Alexander lost his shit during the hearing on Thursday. The role of the Stop the Steal effort in delivering bodies to the right places at the Capitol is the most important known coordination from the day of the attack.

Rudy Giuliani also had communications with Proud Boy associate James Sullivan, Mike Flynn had some ties to militias (especially the First Amendment Praetorians), and Sidney Powell was paying for the defense of a number of militia members.

The Committee knows a great deal about how Trump’s mob got directed to the Capitol. But I suspect they’re still waiting to learn all the details that cooperating witnesses have provided.


Known cooperating witnesses

Oath Keepers

Jon Schaffer: The substance of Schaffer’s cooperation against the Oath Keepers is still not clear (and could well extend beyond them).

Graydon Young: Young interacted with Roger Stone in the weeks leading up to the attack, may know details of the alliance struck between Proud Boys and Florida Oath Keepers, and was part of the First Stack to bust into the Capitol; he also implicated his sister.

Mark Grods: Grods was the first Oath Keeper who was present at the Willard the day of the attack to flip, and likely provided details of the QRF and implicated Joshua James.

Caleb Berry: Berry would provide more details of Oath Keeper activities, potentially implicating Stone, in Florida, and also was witness to the attempt to hunt down Nancy Pelosi.

Jason Dolan: Dolan would explain why he and Kenneth Harrelson were waiting at the top of the East Stairs when the First Stack, Joe Biggs and his co-travelers, and Alex Jones and Ali Alexander converged there before the door was opened from the inside.

Joshua James: James called in reports from someone who is almost certainly Stone the day of the attack, participated in key discussions with Stewart Rhodes, Kelly Meggs, and Mike Simpson during the attack, and was closely involved in Rhodes’ continued efforts after January 6.

Brian Ulrich: Ulrich would provide details of planning specific to Georgia Oath Keepers and the advance planning in December.

Todd Wilson:  Wilson would explain the mobilization of the North Carolina Oath Keepers; he also witnessed a call Rhodes made to someone close to Trump after the riot.

Proud Boys

Matthew Greene: Greene will explain details of the communications involved the day of the attack and the specific goal to pressure Mike Pence.

Charles Donohoe: Donohoe will provide prosecutors an inside understanding of how the leadership of the Proud Boys worked, including with whom Tarrio may have been working starting in December and details about Tarrio’s arrest, which led Donohoe to try to fill in.

Louis Colon: A Kansas City Proud Boy who received perhaps the most favorable deal will undoubtedly implicate his co-conspirators and describe how the cell structure of the Proud Boys worked on January 6; he may also provide important debunking of someone who had been an FBI informant the day of the attac.

Others

Gina Bisignano: Bisignano cooperated against her fellow SoCal anti-maskers, but in the light of Carl Nichols’ rejection of DOJ’s application of obstruction, is attempting to withdraw her guilty plea. A hearing on her attempt to withdraw her plea will be held on June 22. She has not withdrawn her stated intent, one directly influenced by Trump’s speech, to pressure Mike Pence.

Josiah Colt: Colt cooperated against his co-conspirators, Ronnie Sandlin and Nate DeGrave, describing how they armed themselves and helped open both the East Door and the Senate Gallery.

Klete Keller: The substance of Keller’s cooperation is not known.

Jacob Fracker: Fracker testified against fellow VA cop Thomas Robertson.

Robert Lyon: Lyon testified against his co-defendant, Dustin Thompson.

Misdemeanor cooperators

Virtually all plea deals require the defendant to share their social media and sit for an interview with the FBI. A handful of defendants are known to have convinced prosecutors to drop or hold off felony charges by providing limited cooperation (including sharing encrypted communications) in advance. They are believed to include:

Jeff Finley: Finley was a co-traveler of Proud Boy Zach Rehl on January 6.

Brandon Straka: Straka who was among those excluded from speaking on January 6,  was on Ali Alexander’s Stop the Steal listserv, and spent time with Mike Flynn before heading to the Capitol.

Anthime “Baked Alaska” Gionet: Baked Alaska could share communications involving white nationalists like Nick Fuentes. But Gionet fucked up his plea colloquy, so prosecutors can charge him with a felony incorporating his cooperation if he doesn’t plead by July 10 (not like I’m counting days but that’s less than a month away).

Jacob Hiles: Hiles cooperated against Capitol Police Officer Michael Riley and his buddy James Horning.

Father and son Proud Boy pair Jeffrey and Jeremy Grace likely also avoided felony exposure by cooperating (though Jeffrey’s plea just got pushed back two weeks); they spent much of January 6 with Ron Loehrke.

Todd Wilson: The Seditious Conspiracy Grows Branches

Yesterday, Oath Keeper Todd Wilson pled guilty to seditious conspiracy and obstruction. He’s from North Carolina, and while the Sedition Hunters who have followed the Oath Keepers closely had been tracking him and had noticed Ed Vallejo did not redact Wilson’s name on a transcript submitted in Vallejo’s detention fight, Wilson’s information was rolled out just the morning before he pled. He went from being charged to pleading to sedition in a matter of hours.

(In other news, Judge Amit Mehta released Vallejo to home confinement yesterday.)

What we see in statement of offense — and, I suspect, what we’ll see going forward — is DOJ making little-noticed parts of a much broader network visible. As with Georgia Oath Keeper Brian Ulrich’s statement of offense, for example, Wilson’s provides hints of damning discussions that happened at the state level.

In November 24, 2020, in the “NC OK County Leaders” Signal chat, a group member advised, “we all need to be very careful about what we post here . . . While Signal is end-to-end encrypted, it’s always safest to operate under the assumption that someone is monitoring our conversations electronically.”

For sixteen months, the non-specialist focus on the Oath Keepers has been tracking The Stack and those directly associated with it (though Oath Keeper researchers always had a broader focus). But we’re going to increasingly see pieces of this conspiracy that were visible, but not seen, because the spectacle of The Stack attracted most of the attention. Some of those little-seen aspects of the larger network may prove far more important.

One testament to that is that Wilson showed up, but was not noticed, in photos already submitted to the docket in Oath Keeper cases.

Wilson’s presence in the Rotunda is actually one of the tactically most important parts of his statement of offense. Wilson entered the Capitol from the west side and then helped open the East doors from inside.

Even before he entered the building, though, Wilson was one of four people with Stewart Rhodes watching the building as it was first assaulted and he was with Rhodes as the Oath Keeper leader first entered restricted grounds.

Just before 1:30 p.m., in response to a claim by an Oath Keeper affiliate on the “Leadership Intel Chat” that Antifa had breached the Capitol, Rhodes replied: “Nope. I’m right here. These are Patriots.” Minutes later, Rhodes posted to the group that he was standing at the comer of the Capitol building with four people to include Wilson. Rhodes then posted to the “DC OP: Jan 6 21 Signal group chat: Pence is doing nothing* As I predicted.” Rhodes added, “All I see Trump doing is complaining. I see no intent by him to do anything. So the patriots are taking it into their own hands. They’ve had enough.”

[snip]

Shortly after 2:00 p.m., Wilson, Rhodes, and others bypassed barricades and Capitol Police officers, and unlawfully entered the restricted grounds of the Capitol. While advancing, Wilson heard Rhodes proclaim that they were in the midst of a “civil war.” Through plumes of smoke, Wilson could see mobs of people climbing up scaffolding and descending on the Capitol. Rhodes soon directed his followers to meet him at the Capitol. [my emphasis]

From there, Wilson (who escaped notice in part because he wasn’t kitted out like the others and who was a member of the Oath Keepers Intelligence Signal chat) entered the building with the goal of gathering intelligence.

At 2:34 p.m., Wilson entered through the Upper West Terrace Doors of the Capitol—the first of the co-conspirators to breach the building. Wilson was armed with a pocketknife and wore a neck gaiter and beanie hat to mask his appearance. Wilson entered the Capitol with the goal of disturbing the Congressional proceeding and gathering intelligence. [my emphasis]

Four minutes later, Wilson was helping push open the East doors, thereby helping The Stack and others open a second front of the attack.

By 2:38 p.m., Wilson had marched through the Rotunda to the east side of the Capitol where he joined in the center of a mob of people trying to push open the Rotunda Doors from inside of the building. Two Capitol police officers stood in front of the closed doors attempting to keep the mob at bay.

[snip]

At approximately 2:39 p.m., the Rotunda doors were forced open, and a mob of people forcibly entered the Capitol through the doors. The entering mob included fourteen Oath Keepers co-conspirators—many of whom were wearing paramilitary clothing and patches with the Oath Keepers name, logo, and insignia—who had moved up and through the crowd on the east side of the Capitol in a military-style “stack” formation (“Stack One”), Wilson took cell phone video of them entering. The Rotunda Doors and surrounding facade suffered thousands of dollars worth of damage during the attack on the Capitol.

Wilson traveled with the others for a bit and may have accompanied the group that went to hunt down Nancy Pelosi.

Wilson walked through the Capitol for the next fifteen minutes, at times interacting with Dolan, Harrelson, and other co-conspirators who were heading southbound toward the House of Representatives.

The Oath Keepers got to insurrection later than the Proud Boys that day. But Wilson’s path makes the Oath Keepers more central players in the pincer effect seemingly coordinated with the Proud Boys and Alex Jones than previously known.

That’s the tactically important part of his statement of offense.

The part that has attracted the attention, however, is that not long after 5PM, Wilson witnessed Rhodes make a call on speaker phone to someone who could directly access Trump.

At the Phoenix Hotel, Rhodes gathered Wilson and other co-conspirators inside of a private suite. Rhodes then called an individual over speaker phone. Wilson heard, Rhodes repeatedly implore the individual to tell President Trump to call upon groups like the Oath Keepers to forcibly oppose the transfer of power. This individual denied Rhodes’s request to speak directly with President Trump. After the call ended, Rhodes stated to the group, “I just want to fight.”

The Phoenix Park Hotel parking garage, remember, is where Enrique Tarrio met with Rhodes on January 5, more details of which were released Monday in a detention memo for the Proud Boys leader.

Tarrio claims that his surreptitious meeting with Elmer Stuart Rhodes III and others in an underground parking garage was “secondary to why he was there.” Defendant’s Motion at *5 Tarrio’s claim is plainly disproven by video of the event, but even if it were accurate, it misses the point.

First, Tarrio intentionally traveled to the Hall of States Parking Garage near the Phoenix Hotel where he met with others who were planning to remain in Washington, D.C. Tarrio’s decision to do so—even while at risk of violating the D.C. Superior Court stay-away order— demonstrates that even after his arrest, Tarrio remained engaged in planning for January 6. This point is further underscored by Tarrio’s efforts to rejoin encrypted communications and coordinate with Nordean and Biggs about the plans for January 6. Second Superseding Indictment (ECF 305) at ¶¶ 63-67 (Biggs: “I gave Enrique a plan. The one I told the guys and he said he had one.”).

Second, video from the documentary crew shows Tarrio making the conscious decision to travel to an underground downtown parking garage to meet with others rather than departing Washington, D.C., as he had been ordered to do. Specifically, filmmakers captured Tarrio preparing to enter the Phoenix Hotel. The next clip captured Tarrio standing outside the hotel near a truck. When asked what happened, Tarrio told the filmmaker, “We went in [the Phoenix Hotel] and somebody advised us that they’re going to call the cops.” Tarrio was then advised by a female companion, “I think we should leave.” The next clip showed Tarrio in a truck stopped outside the Phoenix Hotel, with Tarrio talking to two people standing on the sidewalk. Tarrio then directed the driver of the truck to travel around the corner from the hotel and enter the Hall of States parking garage—where he offered to pay for the entry. While driving down the ramp into the garage, Tarrio was filmed on a phone call advising the other communicant that he could not come back near the front of the hotel because “they’re already looking out the window.” Tarrio then provided directions to the underground garage. The same two people with whom Tarrio communicated in front of the Phoenix Hotel appeared less than five minutes later in the underground parking garage, along with a handful of others.

Going forward, I suspect it would be ill-advised to assume the word “co-conspirator” assumes the conspiracy in question is entirely self-contained in one militia.

That’s worth keeping in mind when trying to guess whom Rhodes called. The most obvious candidate would be Roger Stone, and I promise you, before this is done, we’ll learn that Stone or his flunkies were involved in similar conversations.

But by the time of this call, per this WaPo piece, Stone was already fleeing. (h/t William Ockham)

Stone had said he expected to attend a meeting with administration officials on pardons that had been pushed back to 6 p.m. because Trump had “ruined the schedule for the day.” But following the riot, Stone and Davis left D.C. for the private flight.

Before Stone leftthe Willard for Dulles around 5 p.m., he paused for a photo in front of a hotel TV showing coverage of the riot.

And Wilson’s statement of offense gives the kind of nod to Mike Flynn that earlier Oath Keeper filings had restricted to Stone.

In December 14, 2020, after reading an article posted by a group member in the “Leadership Intel Chat” titled, “General Flynn warns of unelected ‘tyrants,’ says ‘time for God-fearing Americans to fight,'” Wilson replied, “It is time to fight!” [link added]

And Wilson has ties to people who have ties to Flynn.

So who knows? It could be Stone, it could be Flynn, it could be someone else — like Rudy or Mark Meadows — who genuinely did have direct access to the President.

The point being, we’re very close to a point, if not already there, where this networked conspiracy is going to coalesce such that it’s no longer about discrete militia groups, but it’s about people sitting in hotel rooms blocks away from the direct assault on the Capitol.

Update: Corrected the date of the garage meeting.

Update: The correct name of the hotel is the Phoenix Park.

Sedition Is the Foundation on Which the Trump Associate Investigation Builds

As I laid out in this post, I’m impatient with those who claim the government has taken a new direction in the January 6 investigation with subpoenas to people like — most audibly — Ali Alexander. Alexander got a number of journalists who know better to repeat his claim that he was “cooperating” with the investigation rather than merely “complying” with a subpoena. Few of those journalists pointed out real holes in his cover story — including his silence about Roger Stone and Alex Jones, his disavowal of communications with militias before he arrived at the Capitol, his use of cover organizations to get his permits, and his seeming message to co-conspirators that if he once had evidence, it is no longer in his possession.

In his statement, Alexander sought to separate himself from the substance of the investigation, saying he did not coordinate with the Proud Boys and suggesting his contact with the Oath Keepers was limited to accepting an offer for them to act as ushers at an event that never took place: his own permitted event near the Capitol, which didn’t occur because of the mob attack on the Capitol. The Oath Keepers are the subject of conspiracy charges for their roles in breaching the Capitol that day.

“I did not finance the Ellipse equipment. I did not ever talk with the White House about security groups. Any militia working security at the Ellipse belonged to “Women for America First,” not us,” Alexander said. “I did not coordinate any movements with the Proud Boys or even see them that day. I did take Oath Keepers offer to act as ushers for the Area 8 event but all of that was lost in the chaos. I wasn’t in communication with any of the aforementioned groups while I was near the Capitol working to get people away from the building. Lastly, I’m not willing to presume anyone’s guilt.”

“I did nothing wrong and I am not in possession of evidence that anyone else had plans to commit unlawful acts,” Alexander said. “I denounce anyone who planned to subvert my permitted event and the other permitted events of that day on Capitol grounds to stage any counterproductive activities.”

This is classic Roger Stone-schooled disinformation and should be treated as such.

Reporters have, undoubtedly based on really good sourcing, emphasized the existence of a new grand jury focusing on Trump’s associates, and from that, argued it’s a new direction — though as I’ve documented, DOJ has availed themselves of at least six grand juries thus far in this investigation.

But how could an investigation of Alexander’s actions be new if DOJ successfully debunked much of his current cover story — that he was “working to get people away from the building” — last November? Alexander co-traveler Owen Shroyer attempted to offer the same false claim in an attempt to throw out charges — filed in August — against him, but Judge Tim Kelly rejected that attempt on January 20. How could this be a totally new direction if prosecutors would have obtained Alexander’s Stop the Steal listserv as a result of Brandon Straka’s “cooperation” in early 2021? How could it be a new direction if DOJ has gotten guilty pleas from those who went first to the Capitol, then to the East front, and finally breached the building in response to lies about Alexander’s rally permits told by Alex Jones? DOJ has, demonstrably, been laying the groundwork for a subpoena to Alexander for over year.

And it’s not just Alexander. Steps DOJ took over the past year were undoubtedly necessary preconditions to going after Trump’s close associates. Those include:

These are efforts that started in January 2021. Some of the most important — the way DOJ seized Rudy’s comms and got a privilege review without revealing a January 6 warrant — started on Lisa Monaco’s first day in office.

But there’s a more important thing that DOJ probably believed they needed before going after Trump and his close associates: compelling proof that Trump wielded the mob in his effort to obstruct the vote count, obtaining the proof in the yellow boxes, below. That was one of the things I was trying to lay out in this post.

While there are specific things Trump and his associates did that were illegal — the call to Brad Raffensperger, the fake elector certificates, the illegal demand of Mike Pence — many of the rest are only illegal (at least under the framework DOJ is using) if they are tied to Trump’s successful effort to target the mob at American democracy. You first have to prove that Trump fired the murder weapon, and once you’ve established that proof, you can investigate who helped Trump buy the weapon, who helped him aim it, who loaded the gun for him, who was standing behind him with four more weapons to fire if his own shot failed to work.

And this is why I’m interested in the apparent two month process it appears to have taken DOJ to shift its main focus from the work of the January 8, 2021 grand jury, whose work culminated in the January 12, 2022 seditious conspiracy indictment against Stewart Rhodes, and the February 14, 2022 grand jury, the foundational overt act of which was the March 7 conspiracy charge against Enrique Tarrio.

The first grand jury proved that the vast majority of the rioters, whether trespassers or assault defendants, got there via one of three methods:

  • Responding to Trump and Alex Jones’ lies about Trump accompanying the marchers and giving a second speech
  • Acting directly on Trump’s “orders,” especially his December 19 tweet, often bypassing the Ellipse rally altogether
  • Coordinating with one of the militias, especially the Proud Boys

Judge Amit Mehta also seems to believe that the grand jury developed proof that many of those who assaulted cops were aided and abetted by Donald Trump. The first grand jury also proved that of those who — having been led to believe false claims about vote fraud based on over three months of propaganda — had the intent of obstructing the vote count, a great number had the specific goal of pressuring or punishing Mike Pence. While the intent of pressuring Pence came, for some rioters, from militia hierarchies, for most others, it came directly from Trump.

This is my hypothesis about the seeming shift from using the January 8 grand jury as the primary investigative grand jury to launching a new one on February 14. The January 8 grand jury has largely completed its investigation into what caused the riot, how it was orchestrated, who participated; the remaining prosecutions that don’t require and affect the larger picture will be and have been charged via the November 10 grand jury. But by indicting Tarrio and showing, with Charles Donohoe’s cooperation, that everything the Proud Boys did emanated from Tarrio’s orders and, by association, from whatever understanding Tarrio had about the purpose of the riot from his communications with people close to Trump, DOJ and the Valentine’s Day grand jury will move onto the next level of the conspiracy to obstruct the vote count. Again, that’s just a hypothesis — we’ll see whether that’s an accurate read in the weeks ahead. But it’s not a new direction at all. It is the direction that the investigation has demonstrably been headed for over a year.

Update: In a statement pretending the stories about his cooperation were leaked by DOJ, Alexander insists he is not cooperating, but complying.

After consultation with counsel, we provided a statement that established that I was not a target of this grand jury; I haven’t been accused of any criminal wrongdoing; and that I was complying, as required by law, with their probe.

[snip]

Useful idiots on the right, clinging to a New York Times headline that sensationalizes my compliance with a subpoena, will empower the Deep State which planted these stories to give their political investigation more legs to hurt our election integrity movement and Trump’s 2024 prospects. [my emphasis]

The rest of the statement should convince anyone that this is a replay of the same bullshit we saw from Stone and Jerome Corsi in the Mueller investigation.

The Valentine’s Day Massacre: How DOJ Lost Lucas Denney and Found Enrique Tarrio

The biggest publicly known fuck-up of the January 6 investigation thus far is when DOJ lost Lucas Denney. He’s the self-described President of the North Texas Patriot Boys. He was arrested in December with Donald Hazard and charged in another militia-related conspiracy.

Their conspiracy is interesting for several reasons:

  • Denney paid Hazard’s way to DC via fundraising that picked up after Trump announced the rally
  • At least as Denney told it, they coordinated with the Proud Boys
  • They did relatively more to arm themselves than other militias (and appeared relatively more focused on brawling with cops)
  • Denney was palling around with Ted Cruz during the summer

Hazard was charged for wrestling with some cops on the stairs under the scaffolding, which ended up knocking out one of them. Denney was grappling with cops for some time, and ultimately had a hand in pulling Michael Fanone into the crowd.

DENNEY then turned towards Officer M.F., swung his arm and fist at M.F., and grabbed M.F., pulling him farther down the stairs, as depicted below. DENNEY then himself fell backwards into the crowd. In the images below, DENNEY is circled in red; Officer M.F. is circled in yellow.

The FBI started investigating these guys from day one. By April, the government had obtained both men’s Facebook accounts. They were finally arrested on December 13. He was ordered detained by a magistrate judge in Texas. It took the Marshals until January 31 to get him to DC.

Just days earlier, Denney’s case had been moved from AUSA Benet Kearney to Jennifer Rozzoni. Between some confusion about when Denney’s initial appearance in DC would be, the shift of prosecutors, and the crushing schedule that both John Pierce and Rozzoni have, they simply never got his initial appearance scheduled. Around then, William Shipley, the far more competent attorney who does the actual lawyering for the Pierce boondoggle, joined the case and immediately started filing for release based on how long DOJ had left him sitting in DC.

On March 7, DOJ obtained a one count assault indictment against Denney alone based on his assault of a different cop, not Fanone, mooting some of the legal basis for his release. Then Shipley, thinking he was getting cute, advised his client to plead guilty to that charge as a way to stave off all the other conspiracy charges he was facing. As a result, Denney pled guilty right away to an assault charge that could get him 71 months. While his exposure on January 6 is probably eliminated with the guilty plea, it’s not for any plotting he did afterwards.

When he pled, Rozzoni was very careful to enter into the record how much of discovery Denney’s attorneys had seen and what they may not have when advising him to plead.

Losing Denney — a very-well connected militia member accused of assaulting cops — was a colossal mistake, though Shipley’s tactics saved the government from having to release him. It seemed, at the time, to be a symptom of just how overloaded the January 6 investigation has made DOJ.

And while that’s surely part of it, subsequent events make it clear that something else was going on at the time.

First, some details about grand juries. When the government is charging people with misdemeanors, they don’t need to get an indictment from a grand jury. But felonies require presenting the evidence to a grand jury.

When grand juries expire, DOJ can’t just tell a new grand jury about what the other grand jury did. They have to present all the evidence anew.

When people have asked whether DOJ will open a grand jury to investigate Trump, I have responded that they already had a grand jury. In fact, I noted, they had used at least five by the turn of the year. But as my lists below make clear, not all those grand juries were the same. Virtually every single important case — all the conspiracies, all the most important assault cases (both for import of victim or size), and most of the other cases — were presented to a grand jury seated on January 8, two days after the riot. (These lists are very incomplete but I will update them going forward.)

Most spectacularly, the relentless Oath Keepers conspiracy kept going back to the same grand jury superseding the initial charges, on February 19, 2021 (S1), on March 12 (S2), on March 31 (S3), on May 26 (S4). Then they started flipping people. Then they kept superseding, on August 4 (S5), on December 1 (S6), until, on January 12, 2022, just 369 days after the grand jury started investigating, the case split into several interlocked conspiracies, one of them charging Stewart Rhodes and others with seditious conspiracy. On March 2, DOJ got their first guilty plea to seditious conspiracy, from Joshua James, who not only knew what Rhodes was doing the day of the riot, but also knew (and reported back on) what Roger Stone was doing.

But even while that grand jury was marching relentlessly towards charging Rhodes with sedition, it was also charging the majority of hundreds of other January 6 defendants.

The Proud Boy march has not been that focused. While all the initial Proud Boy conspiracies were charged by the same group of anonymous private citizen who would ultimately charge Rhodes with sedition, when necessary, DOJ would use another grand jury with the Proud Boys as well. The Front Door conspiracy was first superseded by a January 11 grand jury (which might be the regularly seated one, but which picked up a lot of the flood in that period). When DOJ superseded Nick DeCarlo’s conspiracy with Nick Ochs, they used a grand jury seated on November 10.

The government seemed to use a regular May 25 and August 11 for similar necessities. But when the government wanted to charge Ronnie Sandlin and Nate DeGrave in a conspiracy, they waited for months — from April until September, a month and a half after Josiah Colt had flipped on them — to present it to that January 8 grand jury.

Oh shit, now I’ve forgotten about Lucas Denney, just like DOJ did.

The point I’m trying to make is that, for that relentless year while that grand jury was finalizing the sedition charges, it also charged almost all major January 6 felonies. That group of two dozen anonymous Americans saw all of this.

Until the Enrique Tarrio indictment. The indictment against the Proud Boy head obtained on March 7 was from a new grand jury, one seated on Valentine’s Day. The same grand jury from which DOJ got their last minute single count indictment against Denney.

I’m still testing this, but it appears that after its non-stop year of indicting insurrectionists, the last thing the January 8 grand jury may have done was charge the seditious conspiracy. Before February 14, other January 6 indictments (MacCracken, AJ Fischer, and Bilyard, for example) were handled by the August 11 grand jury. Then after February 14, new January 6 indictments (like Beddingfield, Johnson, and Bingham) were done by the November 10 grand jury.

Until March 7, when that February 14 grand jury started indicting people, starting with Enrique Tarrio.

The period when DOJ lost Lucas Denney appears to be the three-week period when DOJ was shifting from the January 8, 2021 grand jury to the February 14, 2022 grand jury.

DOJ ended their first grand jury with sedition. They opened their second grand jury with Tarrio — who may or may not have known about the riot before Trump announced it.

Update, May 6: In response to a Zach Rehl request for the exhibits the government will use in its case in chief against the Proud Boys, DOJ points to what must be how they read over the evidence from the one grand jury to the other:

In the meantime, the government has turned over information and materials that provide a clear roadmap regarding the government’s anticipated case-in-chief. Specifically, following the return of the Second Superseding indictment, the government turned over to defense counsel a 160-page grand jury transcript, with exhibits, and a detailed 96-slide PowerPoint presentation containing the evidence supporting the charges against the defendants.

January 8

  • All Oath Keeper
  • Proud Boy Leader
  • DeCarlo
  • Kuehne (KC Proud Boy)
  • Klein (North Door Proud Boy)
  • Pezzola (Front Door Proud Boy)
  • Hostetter (3% SoCal)
  • Rodriguez (SoCal Anti-Mask)
  • Sandlin (disorganized conspiracy)
  • Munchel
  • Khater (Sicknick)
  • Sibick (Fanone)
  • McCaughey (all)
  • Sabol
  • Horning (Jacob Hiles’ co-defendant, so tied to Riley)

January 11

May 25

August 11

November 10

February 14

On Enrique Tarrio’s Complex Password and Other Reasons the January 6 Investigation Can Now Move to Organizer-Inciters

A Wednesday filing in the Proud Boy leadership conspiracy revealed that, between cracking his password and conducting a filter review, DOJ had not been able to access Enrique Tarrio’s phone — which was seized even before the riot he allegedly had a central role in planning — until mid-January.

On January 4, 2021, Tarrio was arrested in Washington, D.C., and charged with destruction of property for his December 12, 2020, burning of a #BLACKLIVESMATTER banner and possession of two large capacity magazines. At the time of his arrest, Tarrio’s phone was seized by law enforcement. The government promptly sought a search warrant for that device in this investigation. Despite diligence, the government was not able to obtain access to Tarrio’s phone until December 2021. Thereafter, a filter team was utilized to ensure that only non-privileged materials were provided to the investigative team. The investigative team did not gain access to the materials on the phone until mid-January 2022, and it has worked expeditiously since that time to review these materials.

I can think of just a few other phones that have been this difficult for FBI to access (those of Zachary Alam and Brandon Fellows are others). The delay means that the very first phone DOJ seized pertaining to the January 6 investigation was one that, to date, has taken the longest to access.

This is the kind of delay — presumably due to the physics involved in cracking a complex password and the due process of a privilege review — that is unavoidable. Yet it stalled DOJ’s efforts in the most pivotal conspiracy case as it tries to move from rioters at the Capitol through organizer-inciters to Trump himself.

The delay in accessing Tarrio’s phone is one thing to keep in mind as you read the multiple reports that DOJ has sent out subpoenas to people who organized the rallies. WaPo reported that these subpoenas first started going out two months ago — so late January, shortly after the time DOJ accessed Tarrio’s phone content. NYT reported that the subpoenas focus on the rallies and the fake electors.

One of the subpoenas, which was reviewed by The New York Times, sought information about people “classified as VIP attendees” at Mr. Trump’s Jan. 6 rally.

It also sought information about members of the executive and legislative branches who had been involved in the “planning or execution of any rally or any attempt to obstruct, influence, impede or delay” the certification of the 2020 election.

And it asked about the effort by Trump supporters to put forward alternate slates of electors as Mr. Trump and his allies were seeking to challenge the certification of the Electoral College outcome by Congress on Jan. 6.

Another person briefed on the grand jury investigation said at least one person involved in the logistics of the Jan. 6 rally had been asked to appear.

None of this is a surprise or unexpected. Dana Nessel formally referred Michigan’s fake electors to DOJ for investigation (the kind of referral that may have been important to DOJ assuming jurisdiction in state elections) on January 18, and Lisa Monaco confirmed DOJ was investigating the fake electors on January 25.

As to the organizers, on December 16, I wrote a piece describing that DOJ would need to turn to “organizer-inciters” next — people like Alex Jones, who had a central role in turning rally-goers who imagined themselves to be peaceful protestors into an occupying force. We know of several other pieces of evidence that would have been important, if not necessary, to lock down before DOJ moved to those organizer-inciters.

For example, DOJ likely first obtained direct information about tensions involving VIPs in Brandon Straka’s first and second FBI interviews in February and March of last year, information that the government claimed during his sentencing provided valuable new leads. Straka was one of those VIPs who expected to have a speaking slot on January 6 only to discover all he was getting was a seat at the front, next to Mike Flynn. Access to his phone would have provided the government comms depicting growing tensions tied to the extremism of Nick Fuentes and Ali Alexander described in this ProPublica article.

“Is Nick Fuentes now a prominent figure in Stop the Steal?” asked Brandon Straka, an openly gay conservative activist, in a November text message, obtained exclusively by ProPublica. “I find him disgusting,” Straka said, pointing to Fuentes’ vehemently anti-LGBT views.

Alexander saw more people and more power. He wrote that Fuentes was “very valuable” at “putting bodies in places,” and that both Jones and Fuentes were “willing to push bodies … where we point.”

Straka, Fuentes and Jones did not respond to requests for comment.

Straka was part of a Stop the Steal listserv on which Michael Courdrey and Alexander were on the day of the riot.

The Stop the Steal group chat shows a reckoning with these events in real time.

“They stormed the capital,” wrote Stop the Steal national coordinator Michael Coudrey in a text message at 2:33 p.m. “Our event is on delay.”

“I’m at the Capitol and just joined the breach!!!” texted Straka, who months earlier had raised concerns about allying with white nationalists. “I just got gassed! Never felt so fucking alive in my life!!!”

Alexander and Coudrey advised the group to leave.

“Everyone get out of there,” Alexander wrote. “The FBI is coming hunting.”

The government described learning new information about Straka as recently as December 8 followed up in a January 2022 interview. Some of this appears to have been a late discovery of his own grift and, possibly, his role in inciting a riot at the TCF center in Michigan. But at sentencing, prosecutors reaffirmed that the sealed contents of his cooperation remained valuable.

Some other existing defendants whose phone and/or cooperation could provide such insight are Simone Gold (who pled guilty in early March but who had not yet done her FBI interview) and Alan Hostetter and Russell Taylor; prosecutors described still providing primary discovery in the latter case the other day, meaning they’re still getting phone contents there, too.

Tarrio’s phone would include comms with many of the people DOJ has turned its focus to; he had known communications with Alex Jones, Ali Alexander, and Cindy Chafian, to say nothing of his close ties to Roger Stone.

In addition to Tarrio’s phone, exploiting that of Stewart Rhodes — seized in May — took some time because he had so many Signal texts that it was an extended process sorting through the inculpatory and exculpatory ones.

The hold up on Rhodes’ phone is one of the things that held up his own arrest and charges for Seditious Conspiracy. In that superseding indictment, DOJ completely hid what new information they had learned about the Oath Keeper ties with the Willard planners.  But the seditious conspiracy charge (along with the cooperation of Mark Grods) appears to have persuaded Joshua James to flip. James’ cooperation would provide lots of new testimony about what Stone and other VIPs were doing on January 5 and 6, including an explanation as to why James felt he needed to call into Mike Simmons to report on what is almost certainly Stone’s anger about the sidelining of his extremist group at the main rally, something clearly at issue in these recent subpoenas.

James would have proffered before he pled guilty (meaning prosecutors would have know what he would say if he did plead), but they would hold off on using his testimony for legal process until he testified before a grand jury in conjunction with his plea on March 2.

Public reporting has revealed that both the January 6 and DOJ investigations have obtained at least some of the documentary footage implicating Tarrio and Stone from the day of the riot.

And if the January 6 committee works like the SSCI investigation into Russia, it could share transcripts from obviously problematic testimony with DOJ. Ali Alexander spent most of day telling a story to the committee that had already been debunked by DOJ.

On the anniversary of January 6, Merrick Garland explained that all of the arrests from the first year had laid the foundation for more complex cases.

We build investigations by laying a foundation. We resolve more straightforward cases first because they provide the evidentiary foundation for more complex cases.

Investigating the more overt crimes generates linkages to less overt ones. Overt actors and the evidence they provide can lead us to others who may also have been involved. And that evidence can serve as the foundation for further investigative leads and techniques.

In circumstances like those of January 6th, a full accounting does not suddenly materialize. To ensure that all those criminally responsible are held accountable, we must collect the evidence.

We follow the physical evidence. We follow the digital evidence. We follow the money.

This is the kind of thing he was talking about: working your way up through Mark Grods to Joshua James to Stewart Rhodes to Roger Stone, taking the time to crack and exploit Tarrio’s phone, exploiting early access to Straka’s comms to get to the organizers. The investigation “aperture” hasn’t changed; what has changed is DOJ has acquired information it needed before it could take the next step.

Whinger Verbs: To Investigate … To Prosecute … To Indict

Because Alvin Bragg chose not to prosecute Donald Trump, the whingers are out again complaining about Merrick Garland, who last I checked was an entirely different person.

I’ve copied the “Key January 6 posts” from my post showing what reporting on the January 6 investigation — rather than simply fear-mongering to rile up CNN viewers or your Patreon readers — really looks like below.

But for now I’d like to talk about the language the whingers — those complaining that Merrick Garland hasn’t shown people who aren’t looking what DOJ is doing. It’s telling.

Take this post from David Atkins that opines, accurately, that “Refusing to Prosecute Trump Is a Political Act,” but which stumbles in its sub-head — “The evidence is clear. It’s time to prosecute the former president, and Merrick Garland shouldn’t wait.” — and then completely collapses when it asserts that there are just two possible reasons why Merrick Garland has not “prosecuted” Trump.

But there is a deeper question as to why Attorney General Merrick Garland and the DOJ have not prosecuted Trump. No one at the department is talking on the record, but there are only two possible answers—neither of which is satisfactory.

It is possible that prosecutors do not believe there is enough evidence against Trump to convince a jury of his guilt. I’m not a lawyer, but this seems somewhat difficult to believe.

[snip]

The second possibility is that the Department of Justice hasn’t prosecuted Trump because of political pressure. Again, this is speculation. But if Garland is succumbing to either internal or external pressure to avoid charging Trump out of fears of civil conflict, or the appearance of political motivation, that would be a grave error—not prosecutorial discretion but prosecutorial dereliction. Allowing fears of violent reprisals to derail a prosecution would be a grave injustice.

Atkins is wrong about the reasons. I wrote here about why the ten acts of obstruction Mueller identified are almost universally misrepresented by whingers, in part because Billy Barr did real damage to those charges (as he did to other ongoing investigations), and in part because the ten acts that existed in March 2019 are not the acts of obstruction that exist today.

We know part of why Trump hasn’t been charged for political crimes: because Trump ensured the FEC remained dysfunctional and Republicans have voted not to pursue them (something that whingers might more productively spend their time pursuing).

It seems nutty to suggest that Trump should be “prosecuted” already for taking classified documents to Mar-a-Lago when that was referred just weeks ago. It’s also worth considering whether it would be easier to prosecute Trump for obstruction for these actions, tied to one of his other malfeasance, and then consider where investigations related to that malfeasance already exist.

Bizarrely, Atkins doesn’t consider it a possibility that it would take Merrick Garland’s DOJ more than 380 days to prosecute the former President. It took months to just wade through Stewart Rhodes’ Signal texts. It has taken 11 months, so far, to conduct a privilege review of Rudy’s phones (for which DOJ obtained a warrant on Lisa Monaco’s first day on the job). DOJ has six known cooperators in the Oath Keeper case (at least four with direct ties to Roger Stone) and one known cooperator in the Proud Boys case (and likely a bunch more we don’t know about). Particularly in the Oath Keeper investigation, DOJ has been rolling people up serially. But that process has taken longer because of COVID, discovery challenges, and the novelty of the crime.

But that goes to Atkins’ curious choice of the word “prosecute” here. I generally use the verb to refer to what happens after an indictment — the years long process of rebuffing frivolous legal challenges, but for an organized crime network, “prosecute” might also mean working your way up from people like militia members guarding your rat-fucker to the militia leaders planning with your rat-fucker to the rat-fucker to the crime boss.

I think what Atkins actually means, though, is “indict,” or “charge.” But his entire post betrays a fantasy where one can simply arrest a white collar criminal in the act after he has committed the act.

What whingers often say, though, is they want Garland to “investigate” Trump. Then they list a bunch of things — like cooperating witnesses or grand jury leaks or raids or indictments — that we’ve already seen, and insist we would see those things if there were an investigation but take from that that there’s not an investigation even though we see the things that they say we would see if there were an investigation.

Whinger brain confuses me sometimes.

The point, though, is that the language whingers use to describe what they imagine is Garland’s inaction or cowardice (none of these people have done the work to figure out whether that’s really the case), is designed to be impossible. That makes it necessarily an expression of helplessness, because their demand is actually that Trump be disappeared from the political scene tomorrow, and that’s hasn’t happened with multiple investigations implicating him, it sure as hell won’t happen if and when he is indicted, and it wouldn’t happen during a hypothetical extended period during which Trump is prosecuted.

Indeed, I’ve lost count of the number of people who tell me Bannon hasn’t been indicted, even though Bannon has been indicted. It’s just that he’s entitled to due process and in many ways being indicted provides him a way to play the victim.

There are multiple investigations implicating close Trump associates and the January 6 investigation is absolutely designed to incorporate Trump, if DOJ manages to continue building from the crime scene backwards. But that’s not actually what people want. None of these verbs — to investigate, to indict, to prosecute — are the ones that whingers are really hoping to see.

And the verbs they’re hoping to see — perhaps “neutralize” or “disappear” — are not ones that happen as part of due process.

And none of the due process verbs — “investigate,” “indict,” “prosecute” — are likely to work unless people at the same time think of things like “discredit.”


Key January 6 posts

The Structure of the January 6 Assault: “I will settle with seeing [normies] smash some pigs to dust”

DOJ Is Treating January 6 as an Act of Terrorism, But Not All January 6 Defendants Are Terrorists

While TV Lawyers Wailed Impotently, DOJ Was Acquiring the Communications of Sidney Powell, Rudy Giuliani, and (Probably) Mark Meadows

Why to Delay a Mark Meadows Indictment: Bannon Is Using His Contempt Prosecution to Monitor the Ongoing January 6 Investigation

The Eight Trump Associates Whom DOJ Is Investigating

January 6 Is Unknowable

“I’m Just There to Open the Envelopes:” The Select Committee and DOJ Investigations Converge at Mike Pence

Why It Would Be Counterproductive To Appoint a Special Counsel to Investigate January 6

DOJ’s Approximate January 6 Conspiracies

Easy Cases: Why Austin Sarat’s Argument That Trump Should Not Be Prosecuted Is Wrong

How a Trump Prosecution for January 6 Would Work

Judge Mehta’s Ruling that Donald Trump May Have Aided and Abetted Assaults on Cops Is More Important Than His Conspiracy Decision

“Fill the Silence:” On Obstruction, Listen to DOJ and Merrick Garland

A White Board of the Sedition-Curious

Contrary to what a lot of people imagine, I don’t keep visual representations — like some cork board with a bunch of strings attached — of the investigations I follow, not even the sprawling January 6 investigation. Instead, I just try to capture important developments here, where I can refer back to them. There are several such relationships unpacked in recent weeks.

Roger Stone and Stewart Rhodes bug out at the same time after insurrection

For example, a bunch of people have asked me what I make of the WaPo report based on video taken by some Danish journalists who were filming a documentary of Roger Stone on January 6.

As you read it, keep in mind that the Get Me Roger Stone video team was following Roger Stone during key periods of 2016, including at the RNC.

Mueller at least attempted — as Stone feared Mueller would in real time — to mine the video for clues about Stone’s activities. For example, in one of the same email chains where Stone told Randy Credico to “do a [Frank] Panta[n]gel[i],” he and Credico were panicking about what Get Me Roger Stone writer Morgan Pehme was saying about 2016.

So even assuming Roger Stone wasn’t engaged in his everyday type of performance when being filmed for these film-makers, he would be acutely aware of the legal hazards of having a documentary team following around while crimes were being committed.

That’s why the report is most interesting for the times when Stone made sure to ditch the camera team: at precisely the time of a key Proud Boy planning meeting, during a meeting that Joshua James may have reported in on, and as the riot unfolded at the Capitol.

For example, the videographers did not track Stone when he left the hotel at 9PM on January 5 with Sal Greco.

At about 8:50 p.m. on Jan. 5, after the Danish filmmakers had left him, Stone exited the Willard again with his bodyguard, off-duty New York City police officer Sal Greco, a live-stream video shows. Their destination was unclear, though Stone had said he had a 9 p.m. appointment to have his hair dyed.

Just minutes after that — just before 9:17 PM — Joe Biggs and Ethan Nordean were meeting with as-yet unidentified people putting together their plan for the riot.

Then there was a meeting with Bernie Kerik at 10AM at the Willard; hotel staff prevented videographers from watching that meeting.

The filmmakers told The Post that Stone appeared to change his plans after an encounter in the Willard lobby around 10 a.m. with Bernard Kerik, a former New York City police commissioner working in Giuliani’s command center at the hotel. The filmmakers began recording their conversation but were forced to leave by hotel staff. It is unclear what was said.

There’s good evidence that Joshua James checked in with Michael Simmons before and after that meeting.

Finally, Stone blew off the videographers from just before the Proud Boys kicked off a riot until almost the moment both Stone-related militias stood down.

At about 12:40 p.m., some ofStone’s guests left his suite. Stone’s team and the filmmakers agreed to separate for lunch and then reconvene two hours later. Stone planned to speak at a smaller rally near the Capitol later that afternoon.

But as the filmmakers ate in their hotel room, they saw news footage of a riot escalating at the Capitol. Around 2:30 p.m., Guldbrandsen headed out to capture the scene while Frederik Marbell, the director of photography, rushed to Stone’s room.

“Kristin Davis opened the door and said that Roger was taking a nap, so I couldn’t film,” Marbelltold The Post.

Outside the room, Marbell attempted to reach Stone by text message starting at 3:03 p.m. The messages went unanswered for 24 minutes, when Stone responded and offered to go to Marbell’s room.

By about 4 p.m., with the Capitol in chaos, Stone had still not arrived at Marbell’s room. Marbell returned to Stone’s room and began knocking. About five minutes later, room service arrived and Marbell snuck inside, he said.

“Roger was not taking a nap. He was on the phone with someone,” Marbell said.

Stone condemned the riot to the filmmakers at 4:18 p.m., saying: “I think it’s really bad for the movement. It hurts, it doesn’t help. I’m not sure what they thought they were going to achieve.

These are like Stone’s July 2016 meeting with Nigel Farage at the RNC: The stuff he knew well to and did hide from the camera. That’s where the sweet spot of Stone’s interactions are.

All that said, the report shows that key Stone actions the camera team captured exactly map the known central events of the planning for the insurrection.

For example, Stone put together a Friends of Stone Signal list, including Enrique Tarrio, once it became clear Trump had lost. That fed Flynn’s efforts.

He told them to monitor a group chat on the app Signal titled “F.O.S.” — friends of Stone. Tarrio of the Proud Boys was among the group’s members, a later shot of Stone’s phone showed.

[snip]

On Nov. 5, Stone drew up a Stop the Steal action plan that was visible on Alejandro’s laptop in footage captured by the filmmakers. As protesters were mobilized, the plan said, state lawmakers would be lobbied to reject official results. That tactic later proved central to Trump’s efforts.

Also that day, Stone had a 15-minute call with Flynn, the video shows. He told Flynn they could “document an overwhelming and compelling fraud” in each battleground state and urged him to spread the word on social media. That day, Flynn, Trump’s campaign and his sons Donald Jr. and Eric began using #StopTheSteal on Twitter.

Just after this mobilization, both Tarrio and Biggs started calling for civil war.

Later that month, Stone was coordinating with Mike Flynn and Ali Alexander.

Stone moved quickly after Trump’s defeat to help mobilize the protest movement that drew thousands to the nation’s capital on Jan. 6, 2021, The Post found. He privately strategized with former national security adviser Michael Flynn and rally organizer Ali Alexander, who visited Stone’s home in Fort Lauderdale, Fla., in late November 2020 for a dinner where Stone served pasta and martinis.

In the days and weeks leading up to Thanksgiving (when Flynn would be pardoned and Sidney Powell would, like Stone, start grifting off claims of a stolen election), Flynn and Powell were at Lin Wood’s properties in South Carolina, plotting away.

I was most struck, however, by the unsurprising news that in addition to Tarrio, Stone also used Signal messages with Stewart Rhodes.

Stone used an encrypted messaging app later in January to communicate with Oath Keepers leader Stewart Rhodes, who is also charged with seditious conspiracy, and Proud Boys leader Enrique Tarrio, the footage shows.

When I saw the description in James’ statement of offense of the way Rhodes bugged out of town immediately after the riot, I suspected that someone had instructed Rhodes that they were going to be hunted.

At Rhodes’s instruction, James, Vallejo, and others met Rhodes that evening at a restaurant in Vienna, Virginia. Rhodes discussed saving “the Republic” by stopping the transfer of presidential power and began to make plans to oppose the Inauguration on January 20, 2021, including by having people open-carry firearms at state capitols around the country.

While at the restaurant, Rhodes and James came to believe that law enforcement was searching for Rhodes and others after their attack on the Capitol. The group immediately returned to their hotel, collected their belongings, and met at a nearby gas station. There, James saw what he estimated to be thousands of dollars’ worth of firearms, ammunition, and related equipment in Rhodes’s vehicle. Rhodes divvied up various firearms and other gear among James and others who occupied a total of three cars. Rhodes left his mobile phone with one person and departed with another person in that person’s car so that law enforcement could not locate and arrest him. The three cars departed in separate directions.

James returned to Alabama with some of Rhodes’s gear, including firearms and other tactical equipment.

According to the videographers, Stone bugged out at about the same time and in the same frantic manner as Rhodes did.

As a mob ransacked the Capitol on Jan. 6, 2021, Roger Stone, Donald Trump’s longest-serving political adviser, hurried to pack a suitcase inside his elegant suite on the fifth floor of the Willard hotel. He wrapped his tailored suits in trash bags, reversed his black face mask so its “Free Roger Stone” logo was hidden, then slipped out of town for a hastily arranged private flight from Dulles International Airport.

“I really want to get out of here,” Stone told an aide, as they were filmed at the hotel by a Danish camera crew for a documentary on the veteran Republican operative. Stone said he feared prosecution by the incoming attorney general, Merrick Garland. “He is not a friend,” Stone said.

I would, at this point, be shocked if Rhodes and Stone hadn’t communally decided they needed to bolt. The remaining question I have, though, is whether someone in government — like Mark Meadows — alerted Stone or someone close to him that the FBI had switched immediately into investigative mode.

Sidney Powell springs for the sedition gaslight defense

In the same way that the Danish videographers confirm that Roger Stone and Mike Flynn were conspiring early in the post-election process, a recent BuzzFeed report reveals that Sidney Powell is now using her hard-won grift to pay for the defense of some Oath Keepers.

Since October, the organization, Defending the Republic, has been making monthly payments to the defense attorney for Kelly Meggs, a member of the militant group the Oath Keepers who is charged with seditious conspiracy for his role in the Jan. 6 Capitol riot. In an interview, the attorney, Jonathon Moseley, said he was aware of “at least three or four other defendants who have that arrangement” as well. The Oath Keepers’ general counsel, Kellye SoRelle, said that one of those others is the group’s founder, Stewart Rhodes. Offered the chance to deny that, his lawyers said they don’t discuss funding.

The revelation, which has not been previously reported, sheds new light on the activities of Powell’s organization, which was incorporated in December 2020 “to defend the constitutional rights of all Americans.” By last August, the group had raised nearly $15 million, according to its audited financial statements, and since then has raked in untold cash in donations and sales of merchandise, including T-shirts, drink coasters, and highball glasses adorned with the organization’s logo. Yet despite mounting legal scrutiny from federal and state investigators, Defending the Republic has disclosed almost nothing about where that money has been going.

[snip]

Powell’s involvement in the Oath Keepers case helps explain how some of the defendants, most of whom are far from wealthy, have been able to work with private attorneys who charge hundreds of dollars an hour rather than court-appointed lawyers. But it also raises questions as to who is dictating their defense strategy. In recent months, defense attorneys have raised many of the same far-flung conspiracies about COVID-19, antifa, and the deep state that appeared in lawsuits against the federal government filed by Powell herself.

As Ken Bensinger notes and I have traced, Jonathon Moseley has chosen to use court filings to engage in conspiracy theorizing rather than a more typical defense.

But on top of the futility of such an approach to actually obtain an optimal outcome, it serves to undermine rule of law more generally. Moseley’s approach is not all that different from the one that Powell herself used with Mike Flynn in attempting to blow up his prosecution by inventing false claims about the government. There was no evidence to support it, but it fed the frothers.

Tellingly, Powell’s efforts did nothing but make Flynn’s outcome worse. Thus, the defense plan, such as it existed, served to undermine rule of law and then make it all go away with a Presidential pardon. I’ve long assumed that that was the hope for Kelly Meggs and Kenneth Harrelson (who has adopted a similarly conspiratorial defense approach): that they could stall through 2025 in hopes a Republican would pardon them for their alleged sedition.

On March 4, Judge Amit Mehta appointed Andrew Wise of Miller Chevalier as conflict counsel to inquire into conflicts between Moseley’s representation of Meggs and (at least in the civil suit) Stewart Rhodes). That’s likely to bring a review of compensation arrangements, which may lead to inquiries about what Powell is paying Moseley to do.

Interestingly, BuzzFeed suggests that Juli Haller, who represents Meggs’ wife Connie, but also Ryan Samsel, may be on this dole. There was a time when Samsel looked like he might have considered flipping but that time is long gone.

Roger Stone’s pardon grift

And now, having covered Roger Stone’s Stop the Steal grift and Sidney Powell’s Defending the Republic grift, we come to Stone’s pardon-selling.

The Daily Beast adds to the earlier WaPo report (the first item here) that addressed all the pardons Roger Stone pitched Trump to make in the days between when he bolted from DC quickly and the day any such power expired. It notes that in mid-January 2021, Stone was playing all sides of the Florida scandal that engulfs Matt Gaetz.

It’s already known that Stone lobbied for pardons for both Gaetz and Greenberg in the waning days of the Trump administration. But it wasn’t known that Stone also advocated for a pardon for this third man connected to Gaetz and Greenberg: Stephen Alford, a serial fraudster from the Florida panhandle.

That development was first revealed by The Washington Post in a draft memo published earlier this month. But the Post report didn’t mention Alford—his name only appears in a document the Post obtained and uploaded online—and the link hasn’t been explored.

Two months after Stone advocated for Alford’s absolution, that allegiance dissolved when Alford became Gaetz’s scapegoat for the investigation. (Stone also eventually blasted Alford as part of the “deep state.”)

Just weeks before, however, Stone was in Alford’s corner, lobbying for a pardon.

Much of this is just scammy Florida politics. I’m interested in two details of this.

First, one of the ties TDB did find between Alford — the guy who attempted to extort Gaetz’s dad — and Stone goes through Oleg Deripaska.

According to a person with direct knowledge of the events, however, Alford had one powerful friend: A Republican lobbyist close to Stone.

Weeks after Alford’s pardon request was declined, that lobbyist shared some more information: Matt Gaetz was in trouble. And the lobbyist, this person said, had the details, including images of Gaetz with young women at a sex party.

While it’s unclear how the lobbyist—an associate of Oleg Deripaska—came into this information, Stone had by that time known about the Gaetz allegations for months; Greenberg had told Stone all about their involvement with a 17-year-old, both over text messages and in a confession he drafted at Stone’s request, as part of the pardon process.

It didn’t take long for Alford to cobble together a plan—and it was a doozy: He would secure Gaetz a presidential pardon in exchange for $25 million, which Alford would supposedly use to repatriate an FBI agent taken hostage in Iran who has long been considered dead.

TDB then describes how this plan, involving a lobbyist with ties to Deripaska, was behind the campaign against the NYT story on Gaetz’ legal woes.

When The New York Times broke the investigation in late March last year, Gaetz used Alford’s ploy as ammo. He fired off a tweetstorm, claiming the Times report was a “planted leak” designed to torpedo an investigation into “criminal extortion” plot “to smear my name.”

The central figure in Gaetz’s narrative, however, wasn’t Alford; it was Alford’s lawyer, whose role was limited to holding the money in an escrow account while Alford negotiated the release.

That lawyer had one special characteristic: Three decades ago, he served as a DOJ prosecutor. And that fact equipped the narrative with a “deep state” hook—a Roger Stone special.

Gaetz doubled down that night on Tucker Carlson’s late-night Fox News talk show, explaining the convoluted “leaking” and “smearing” plot to a befuddled Carlson, who remarked that it was “one of the weirdest interviews I’ve ever conducted.”

The next day, Stone piped up to defend Gaetz, using the same language.

And I’m interested in that because Glenn Greenwald was another key player in this anti-NYT campaign, including as recently as December.

Click through for the details on Gaetz paying Stone until he stopped paying Stone.

Update: One more note about Stone’s plan for pardons. Unsurprisingly he pushed for pardons for Assange and Stone, and unsurprisingly he did so in the same terms that Greenwald did — as the best way to get back at the Deep State.

Hell yes ,I would pardon Julian Assange and Edward Snowden- they are persecuted because they exposed the same people who attempted the Russia Collusion Hoax, the Ukraine hoax the last phony impeachment and are now pushing you’re their new phony impeachment.

The plan is a telling document of how Stone exploited Trump’s narcissism and grievances to get things done. The UK Supreme Court just rejected Assange’s bid to appeal, so the initial extradition request will go to Priti Patel for approval (though he still has several avenues of appeal).