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A New Emphasis on Threats of Violence in the Latest January 6 Conspiracy Indictment

As I laid out the other day, the government charged six Three Percenters from California — American Phoenix Project founder Alan Hostetter, Russell Taylor, Erik Warner, Tony Martinez, Derek Kinnison, and Ronald Mele — with conspiracy. As I described, the indictment was notable in that just one of the men, Warner, actually entered the Capitol. But it was also notable for the way it tied Donald Trump’s December 19 call for a big protest on January 6 with their own public calls for violence, including executions, as well as an explicit premeditated plan to “surround the capital” [sic].

That’s one reason I find the slight difference in the way this conspiracy got charged to be of interest.

As I’ve been tracking over time, the now-seven militia conspiracies are structured very similarly, with each including coordinated plans to get to DC, some kind of plans to kit out for war, and some coordinated effort to participate in the assault on the Capitol. These conspiracies intersect in multiple ways we know of:

  • Thomas Caldwell’s communication with multiple militia to coordinate plans
  • Kelly Meggs’ formation of an alliance between Florida militias
  • Joe Biggs’ decision to exit the Capitol after the first breach, walk around it, and breach it again with two other Proud Boys in tow just ahead of the Oath Keeper stack
  • The attendance of James Breheny (thus far only charged individually), apparently with Stewart Rhodes (thus far not charged), at a leadership meeting of “multiple patriot groups” in Quarryville, PA on January 3, which Breheny described as “the day we get our comms on point with multiple other patriot groups”

All three militias mingled in interactions they’ve had with Roger Stone, as well, but thus far Stone only shows up in the Oath Keepers’ conspiracy.

In other words, while these represent seven different conspiracies (along with around maybe 15 to 20 identified militia members not charged in a conspiracy), they’re really one networked conspiracy that had the purpose of preventing the democratic replacement of Donald Trump.

Of particular note, what is probably the most serious case of assault charged against a militia member, that charged against Proud Boy Christopher Worrell, has not been included in any conspiracy. So while individual members of these conspiracies — including Joshua James, Dominic Pezzola, and William Isaacs, have been charged for their own physical resistance to cops — the conspiracies as a whole don’t yet hold conspirators accountable for the violence of their co-conspirators. The conspiracies only allege shared responsibility for damage to the Capitol, not violence against cops.

That said, the purpose and structure of the Three Percenter conspiracy is slightly different than the other six. The other six (Oath Keeper, Proud Boy Media, Proud Boy Leadership, Proud Boy Kansas City, Proud Boy North Door, Proud Boy Front Door) are all charged under 18 U.S.C. §371, conspiracy against the US. While the timeline of each conspiracy varies and while some of the Proud Boy conspiracies also include the goal of impeding the police, all six include language alleging the conspirators,

did knowingly combine, conspire, confederate, and agree with each other and others known and unknown, to commit an offense against the United States, namely, to corruptly obstruct, influence, and impede an official proceeding, that is, the Certification of the Electoral College vote, in violation of Title 18, United States Code, Section 1512(c)(2).

The purpose of the conspiracy was to stop, delay, and hinder the Certification of the Electoral College vote.

That is, those six conspiracies are charged (at least) as a conspiracy to violate the obstruction statute.

The Three Percenter SoCal conspiracy, however, is charged under the obstruction itself, 18 U.S.C. §1512(k).

Between December 19, 2020 and January 6, 2021, within the District of Columbia and elsewhere, the defendants … together with others, did conspire to corruptly obstruct, influence, and impede an official proceeding, to wit: the Certification of the Electoral College vote.

The object is the same — to impede the vote certification. But it is charged differently.

I’m still thinking through what the difference might mean. It might mean nothing, it might reflect the preference of the prosecutors, or it may reflect a rethinking at DOJ.

Nick Smith claims there’s no evidence Ethan Nordean corruptly influenced anyone else to violate their duty

But there are two things that may factor into it. First, since the government first started structuring its conspiracies this way, some defense attorneys have started challenging the applicability of the obstruction statute to the vote certification at all. For this discussion, I’ll focus on the argument as Nick Smith laid it out in a motion to throw out the entire indictment against Ethan Nordean. Smith makes two arguments regarding the conspiracy charge.

First, Smith argues that Congress only intended the obstruction statute to apply to proceedings that involve making factual findings, and so poor Ethan Nordean had no way of knowing that trying to prevent the vote certification might be illegal.

As indicated above, § 1512(c)(2) has never been used to prosecute a defendant for the obstruction of an “official proceeding” unrelated to the administration of justice, i.e., a proceeding not charged with hearing evidence and making factual findings. Moreover, there is no notice, much less fair notice, in § 1512(c)(2) or in any statute in Chapter 73 that a person may be held federally liable for interference with a proceeding that does not resemble a legal tribunal.

Of course, that argument ignores that Ted Cruz and the other members who challenged the vote claim they were making factual findings — so Nordean’s co-conspirators may sink this legal challenge.

Smith also argues that the obstruction charge fails under the findings of US v. Poindexter, in which John Poindexter’s prosecution for lying to Congress about his role in Iran-Contra was reversed, in part, because the word “corruptly” as then defined in the obstruction statute was too vague to apply to Poindexter’s corrupt failure to do his duty. Smith argues that the language remains too vague based on his claim that the government is trying to prosecute Nordean for his “sincerely held political belief that the 2020 presidential election was not fairly decided,” which prosecutors have no business weighing.

Here, the FSI’s construction on § 1512(c)’s adverb “corruptly” fails this Circuit’s Poindexter test. First, the FSI does not allege that Nordean obstructed the January 6 joint session “to obtain an improper advantage for himself or someone else. . .” Poindexter, 951 F.2d at 386. Instead, it contends he allegedly obstructed the session in support of the sincerely held political belief that the 2020 presidential election was not fairly decided. Such an interpretation of § 1512(c) is unconstitutionally vague because it leaves to judges and prosecutors to decide which sincerely held political beliefs are to be criminalized on an ad hoc basis. Dimaya, 138 S. Ct. at 1223-24. Second, the FSI neither alleges that Nordean influenced another person to obstruct the January 6 proceeding in violation of their legal duty, nor that Nordean himself violated any legal duty by virtue of his mere presence that day.

As I noted in my post on this challenge, this might be a nifty argument for a defendant who hadn’t — as Nordean had — started calling for revolution on November 27,  well before the state votes were counted. But Nordean had already made his intent clear even before the votes were counted, so Smith’s claims that Nordean was reacting to the election outcome is fairly easily disproven. (As with this entire challenge, it might work well for other defendants, but for a long list of reasons, it is far less likely to work with Nordean.)

There’s another, far more important, aspect to this part of the argument though. Smith claims, without any discussion, that Nordean didn’t “influence” any other person to violate their legal duty. Smith wants Judge Timothy Kelly to believe that Nordean did not mean to intimidate Congress by assembling a violent mob and storming the Capitol and as a result of intimidation to fail to fulfill their duty as laid out in the Constitution, whether by refusing to certify Joe Biden as President, or by running away in terror and simply failing to complete the task.

Unlike conspiracy, obstruction has a threat of violence enhancement

As I understand it (and I invite actual lawyers to correct me on this), the other difference between charging this conspiracy under 18 USC 371 and charging it under 1512(k) is the potential sentence. While defendants can be sentenced to 20 years under their individual obstruction charges (the actual sentence is more likely to be around 40 months, or less if the defendant pleads out), 18 USC 371 has a maximum sentence of five years.

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

But 18 USC 1512(k) says that those who conspire to obstruct shall be subject to the same penalty as they’d face for the actual commission of the offense.

(k)Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

And obstruction has special penalties tied to murder, attempted murder, and the threat of physical force.

(3) The punishment for an offense under this subsection is—
(A) in the case of a killing, the punishment provided in sections 1111 and 1112;
(B) in the case of—
(i) an attempt to murder; or
(ii) the use or attempted use of physical force against any person;
imprisonment for not more than 30 years; and
(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.

Thus, anyone charged along with a co-conspirator who threatened to kill someone may be exposed to twenty or even thirty years in prison rather than just five years.

As noted, there are several things about the overt acts charged in the Three Percenter conspiracy that differentiate it from the other militia conspiracies. They were even more explicit about their intent to come armed to the Capitol than the Oath Keepers were with their QRF (and their stated excuses to be armed relied even less on what I call the Antifa foil, the claim they had to come armed to defend against people they fully planned to incite).

And Hostetter twice publicly threatened to execute people. He posted a YouTube on November 27 in which he said, “some people at the highest levels need to be made an example of with an execution or two or three.” And he gave a speech on December 12 in which he demanded, “There must be long prison terms, while execution is the just punishment for the ringleaders of the coup.”

In other words, I think by charging this conspiracy under the obstruction statute rather than the conspiracy one, the government has exposed all of Hostetter’s co-conspirators, along with Hostetter himself, to far longer sentences because he repeatedly threatened to execute people.

The Three Percenter conspiracy makes threats to intimidate Mike Pence and members of Congress an object of the conspiracy

My guess is that the government is going to argue that, of course, Nordean was trying to corruptly influence others to violate their legal duty to certify the electoral results. Every single militia includes at least one member who made explicit threats against Mike Pence or Nancy Pelosi, and the Proud Boys, especially, have no recourse by claiming they showed up to listen to Donald Trump, since instead of attending his speech, they were assembling a violent mob to march on the place where Mike Pence was going to enact his official duties.

The Proud Boys were there to intimidate Mike Pence and members of Congress in hopes they would fail to fulfill their duty as laid out in the Constitution. If these charges make it to trial, I think prosecutors will be able to make a very compelling argument that assembling a mob in anticipation of Pence’s official acts was designed to intimidate him corruptly.

But, if I’m right about the criminal penalties, with the Three Percenter conspiracy, the government is going one step further. This conspiracy is structured to hold each member of the conspiracy accountable for the threats of murder made by Hostetter, the threat posed by planning to be armed at the Capitol, as well as the violence of others in their networked conspiracy. And even for those who didn’t enter the Capitol but instead egged on violence from some rally stage or behind some bullhorn, this conspiracy seems to aspire to expose co-conspirators accountable to a twenty year sentence for their (unsuccessful) efforts to intimidate Mike Pence to renege on his duty.

Update: I should add that someone with no prior convictions who goes to trial and is found guilty would face closer to 7-9 years with a full threats of violence enhancement. It would not be the full 20 years.

Update: Thanks to harpie for helping me count to seven (I had the wrong total number originally).

Insurrection Inciters Ted Cruz and Josh Hawley Only Want the Violent January 6 Criminals Prosecuted

I just waded through the 159 pages of culture war questions — God, guns, and racism — that GOP Senators posed to Merrick Garland to justify their votes opposing the widely-respected moderate to be Attorney General. Along with a seemingly broad certainty among the Republican Senators that John Durham will finally find something 21 months into his investigation and a committed belief in outright lies told about Mike Flynn’s prosecution, two of the Republicans — coup-sympathizers Ted Cruz and Josh Hawley — made it clear they think the only crime from January 6 that should be prosecuted is assault.

Cruz did so as part of a series of questions designed to both-sides domestic terrorism. While he may intend this question and a counterpart about all protests in Summer 2020 (whether conducted by leftists or not) to set up an attack on a DOJ appointee, Cruz created a false binary regarding crimes related to January 6, where people either simply “attended the Trump rally” or they “participate[d] in any act of violence.”

66. Do you believe that an individual who attended the Trump rally on January 6, 2021 did not participate in any act of violence should be prohibited in holding a political position in the Department of Justice in a future administration, even if he or she did not personally engage in any unlawful conduct?

RESPONSE: Americans have a constitutional right to engage in lawful, peaceful protest. If confirmed, I would assess any candidate’s fitness for a role in the Department on an individual basis and with the goal of hiring individuals who are capable of carrying out the Department’s important mission with integrity.

This ignores the people who committed a crime by peacefully entering the Capitol, as well as people who didn’t enter the building but in some other way participated in efforts to prevent the certification of the vote.

Cruz also challenged the description of January 6 in terms of domestic terrorism.

69. At your hearing, you stated that your definition of “domestic terrorism” is “about the same” as the statutory definition.

a. What is the statutory definition of “domestic terrorism”?

RESPONSE: The term “domestic terrorism” is statutorily defined in 18 U.S.C. § 2331.

b. What is your definition of “domestic terrorism”?

c. What is the difference between your definition and the statutory definition?

d. What relevance will your personal definition of “domestic terrorism” have to your duties, if confirmed, as Attorney General?

RESPONSE: At the hearing, I described domestic terrorism as using violence or threats of violence in an attempt to disrupt democratic processes, noting that this definition is close to the statutory definition of the term in the criminal code codified at 18 U.S.C. § 2331. If confirmed, all of my actions as Attorney General would be guided by the law as written.

Ultimately, Cruz seems to be objecting to treating the interruption of the certification of the vote as a particularly “heinous” crime, as Garland had labeled it during his confirmation hearing.

Meanwhile, Josh Hawley asked Garland how he intends to protect the First Amendment rights of Americans to “criticize their government and pursue political change” while investigating an insurrection that Hawley calls “rioting.”

5. If you are confirmed as Attorney General, as you conduct your investigation of the rioting that took place at the Capitol grounds on January 6, 2021, what specific steps do you intend to take to ensure that Americans’ First Amendment rights to criticize their government and pursue political change are not infringed?

RESPONSE: Americans have a fundamental right to engage in lawful, peaceful protest. If confirmed, I will vigorously defend this right. Acts of violence and other criminal acts are not protected under the Constitution.

As Cruz did, Hawley’s question treats the January 6 investigation as a binary, either violence or protected under the First Amendment.

This framework, in both cases, ignores that even those who didn’t enter the Capitol, along with people who entered as part of a larger violent effort, are being charged both for obstructing the vote certification (the treatment of which as terrorism offended Cruz) and for conspiracy in the larger goal of obstructing the certification.

Mind you, both of these men should be safe. They have the right to raise questions about the vote, and the effect of the insurrection was to interrupt whatever they were doing, even if it was, itself, delaying the certification. So their peaceful contributions to the events of January 6 should be fine.

Unless, of course, it can be shown that their efforts were coordinated with the larger effort, were an effort to buy time until the rioters could more effectively end the process of democracy that day.

In any case, both are very clearly working the soon-to-be ref here, hoping to limit the scope of the investigation to those who committed assault. As Hawley did the other day with his alarmed questions about normal legal process, we should expect Hawley to attempt to delegitimize any scrutiny into his far right allies from that day.

The Mob Party

Responding to the calls for understanding coming from unctuous Republicans, I have once again made an effort to understand the freak show that is the Republican party of today. Tradition dictates a separation between the relatively normal politicians, people like Mitt Romney, Brad Raffesnperger, and Susan Collins, and the rabble we call the base of the party. This is an artificial distinction. The entire party fears and loves the base, or at least tolerates it, because the base is their sole hope for power.

There are two parts to the base: the action wing and the support wing.

The support wing is composed of two parts: Sympathizers, those who agree with the action wing but haven’t yet joined in because of age or fear of consequences; and Normies, who really can’t stand any of the rest but need their votes to gain power. Even the vulgar Trump thought his Capitol rioters were low class.

The action wing consists of three main groups, the QQQrazies, the Evangelical Militants, and the Armed Thugs. The QQQrazies are a crowd of gullible people sucked into a reality-denying mash-up of recycled blood libels created by an anonymous Q. [1] The principal lie is a fantasy lurking in the diseased parts of society and translated into less obvious anti-Semitism. The QQQrazies believe certain Democratic politicians and liberal elites drink the blood of children, or use them in some hideous satanic ritual, or keep them for sexual abuse, and that Trump is going to arrest them and either hang them in a public spectacle, or send tham to Guantanamo. Or maybe both. The idea that Trump would lift a finger for anyone besides himself is laughably stupid.

The Evangelical Militants are discussed in detail here. The Elmer Gantries from the religio/political segment of Evangelicals decided that The Almighty sent Trump to lead the way to the New Jerusalem. They authorized and directed their flocks to vote for a thrice-married, porn-star screwing, narcissistic reality TV performer, and then doubled down at every step of Trump’s increasingly obvious fascism. Then they authorized their flock to support his insurrection.

Most of these Evangelical Militants and QQQrazies are relatively harmless. They served as fodder in the Capitol Insurrection, and provided cover for the real dangers, the Armed Thugs. This group includes the Proud Boys, the 3 Percenters. the Oath Keepers, the Boogaloo Bois, and the wannabes like a the dolts on TheDonald.win, now Patriots.win. The Armed Thugs also include other militias like the people who attacked the Michigan legislature, and those who allegedly hatched plans to murder the Governor of Michigan. Trump worked to prevent law enforcement from keeping close watch on these people, insisting that right-wing terrorism was nothing compared to Antifa, whatever that is. It’s becoming clear that the Armed Thugs were the really dangerous people in the Capitol Insurrection.

The active wing of the Base is not interested in politics. They just want what they want. [2] They have no actual policy goals, and no reason to seek power, except to deny it to others.

So far, I’ve just described the Base. On its own, it’s a formless mob, capable of eruptions of violence and individual acts of terror but not an existential threat to democracy. Like any mob, it needs leadership before it becomes truly dangerous. So I turn to the organizational structure.

Trump is the Capo dei Capo, the undisputed and only leader. The mob is devoted to him, attentive to his every word, his every desire.

His Consigliere are Josh Hawley and Ted Cruz. They are both graduates of elite universities and law schools, and served in SCOTUS clerkships. Cruz earned his bona fides by kissing the ring after Trump insulted his father and his wife in ugly personal terms; he’s a weakling. Hawley never crossed Trump. He’s a self-motivated lickspittle. They create spurious arguments that serve as crutches for the weaker Republican Senators, who use them as a pretend justification for their own ring-kissing.

The muscle is provided by Lauren Boebert and Marjorie Taylor-Greene, who carry big guns and talk like gangsters about their rights and the magnificence of their Capo.

Matt Gaetz is Fredo. There are also many sub-Fredos. There’s Mo Brooks and Madison Cawthorn, who showed up at Trump’s incitement rally to scream at the mob to go forth and defend freedom against the grave danger posed by majority rule. There’s Rudy Giuliani, sweating in the role of the horse’s behind, the part with no head. There’s the Trump spawn, Don Jr and Eric, who hold coats and pretend to be real boys.

There it is folks, the Party of Lincoln has devolved into the Mob Party.
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[1] Apparently our vaunted spies can’t figure out who Q is.
[2] Astonishingly, 19 of the insurrectionists were elected officials according to the New York Times. Also, there were cops and military among the rioters.

Trump’s Role in a Seditious Conspiracy Won’t Go Away with an Impeachment Vote

There’s a conventional wisdom about the Donald Trump’s second impeachment trial, scheduled to start in ten days. WaPo predicts that impeachment will leave no more than a “bitter aftertaste.”

The Senate is hurtling toward an impeachment trial that will accomplish almost nothing by design and likely leave everyone with a bitter aftertaste.

Democratic voters will be furious that GOP senators refused to hold former president Donald Trump accountable for his role in encouraging supporters to march to the Capitol on Jan. 6. Republicans will be upset that congressional Democrats went through with an impeachment trial three weeks after Trump left the White House.

And independent voters, more focused on the health and economic crises fueled by the coronavirus pandemic, will wonder why Congress prioritized an impeachment process at all.

Perhaps most telling, WaPo describes Trump’s role as “encouraging” his supporters to march to the Capitol.

It’s true the word, “encouraged” appears in the article of impeachment against Trump.

He also willfully made statements that, in context, encouraged—and foreseeably resulted in—lawless action at the Capitol, such as: ‘‘if you don’t fight like hell you’re not going to have a country anymore’’. Thus incited by President Trump, members of the crowd he had addressed, in an attempt to, among other objectives, interfere with the Joint Session’s solemn constitutional duty to certify the results of the 2020 Presidential election, unlawfully breached and vandalized the Capitol, injured and killed law enforcement personnel, menaced Members of Congress, the Vice President, and Congressional personnel, and engaged in other violent, deadly, destructive, and seditious acts. [my emphasis]

But that description skips the “foreseeably result[ing]” in the interruption of the certification of the vote, the threats to Members of Congress, the deadly sedition that are also included in the article of impeachment.

Moreover, it ignores the other part of the article of impeachment, Trump’s other efforts to subvert democracy (the article describes his January 2 call to Brad Raffensberger explicitly), to say nothing of the description of Trump as a threat to national security.

President Trump’s conduct on January 6, 2021, followed his prior efforts to subvert and obstruct the certification of the results of the 2020 Presidential election.

[snip]

Wherefore, Donald John Trump, by such conduct, has demonstrated that he will remain a threat to national security, democracy, and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law.

That’s a notable oversight, particularly given the — inexplicable — claim from ascendant Senate Judiciary Committee Chair Dick Durbin that we may never learn the full extent of Trump’s role in the coup attempt.

Sen. Richard J. Durbin (D-Ill.), the incoming chairman, said he would leave procedural questions up to the House managers.“I’m waiting to hear what their proposal is, but for us to suggest a trial strategy for the House managers, I don’t think that’s our job,” Durbin said.

So, instead, the Senate will rush through a trial in which the only evidence likely to be presented will be the stuff that senators themselves already lived, video clips of rioters breaking into the Capitol as senators fled through underground tunnels to their secure location.

Senators will likely not even attempt to answer the fundamental questions of every impeachment trial — what did the president know and when did he know it?

“It will be surprising to me if we ever know the answers to that,” Durbin said.

It may be true that impeachment managers will restrict themselves to the public record, though even that might include testimony from Raffensperger and evidence collected as part of the prosecution of insurrectionists. Q-Shaman Jacob Chansley even says he’d be willing to testify.

Lawyer Albert Watkins said he hasn’t spoken to any member in the Senate since announcing his offer to have Jacob Chansley testify at Trump’s trial, which is scheduled to begin the week of Feb. 8. Watkins said it’s important for senators to hear the voice of someone who was incited by Trump.

Watkins said his client was previously “horrendously smitten” by Trump but now feels let down after Trump’s refusal to grant Chansley and others who participated in the insurrection a pardon. “He felt like he was betrayed by the president,” Watkins said.

The words of Trump supporters who are accused of participating in the riot may end up being used against him in the impeachment trial. Chansley and at least four others people who are facing federal charges stemming from the riot have suggested they were taking orders from Trump.

If insurrectionists were to testify in person, the attendant security of orange jumpsuits and leg manacles might provide some sobering visuals (though COVID and real security concerns almost certainly rules that out).

But it seems foolish for any Senator to assume that the vote they’ll cast in a few weeks will make this thing go away forever.

That’s not even true for their Ukraine impeachment votes. Yesterday, Ukraine announced (much to Lev Parnas’ glee that Rudy Giuliani finally got Ukraine to announce an investigation) that it is launching a criminal probe into those — inside and outside Ukraine — who attempted to interfere in the 2020 election.

Andriy Yermak, the head of the office of Ukrainian President Volodymyr Zelenskiy, said on January 28 that Ukraine would do everything in its power to bring to justice forces within the country and outside it who attempted to damage relations between Ukraine and the United States.

“The State Bureau of Investigation has opened a criminal case,” Yermak was quoted as saying in an interview to the Ukrainian news outlet NV that was posted on the presidential website.

“The investigation is under way, and we are waiting for its results. The investigation must answer a lot of questions,” Yermak added.

Without anyone in the United States lifting a finger, then, Ukraine may provide damning new evidence about Trump’s attempt to coerce assistance on his “perfect phone call” with Volodymyr Zelensky that will make GOP negligence during the last impeachment more damning.

And in the case of the January 6 insurrection, DOJ has already mapped out a conspiracy charge that Trump could easily be charged under as well.

PURPOSE OF THE CONSPIRACY

18. The purpose of the conspiracy was to stop, delay, and hinder Congress’s certification of the Electoral College vote.

MANNER AND MEANS

19. CALDWELL, CROWL, and WATKINS, with others known and unknown, carried out the conspiracy through the following manner and means, among others, by:

a. Agreeing to participate in and taking steps to plan an operation to interfere with the official Congressional proceeding on January 6, 2021 (the “January 6 operation”);

b. Using social media, text messaging, and messaging applications to send incendiary messages aimed at recruiting as large a following as possible to go to Washington, D.C., to support the January 6 operation;

Meanwhile, Acting DC US Attorney Michael Sherwin has repeatedly refused to rule out incitement charges. Indeed, I’ve argued that DOJ almost certainly will need to incorporate at least Mike Flynn, if not Trump himself, in their description of the crimes of January 6, if only to distinguish the events of that day from other protected First Amendment activity — and at least some prosecutors in DC closer to the overall investigation seem to be doing that.

There’s no guarantee that Merrick Garland’s DOJ will have the courage to pursue Trump’s role in this (though thus far, Bill Barr appointee Michael Sherwin has not shied from such an investigation, and if he oversaw such a decision it would mitigate the political blowback). There’s no sign, yet, that DOJ has identified how the coup attempt tied into Rudy’s attempts to delay the certification.

But no Senator serving as juror in this impeachment should assume the investigation won’t, inevitably, disclose the machinations that tied Trump’s efforts to stay in office to the death and destruction on January 6. Indeed, there’s no guarantee that the actions of key jurors — like Josh Hawley and Ted Cruz for inciting the mob, Tommy Tuberville for his direct coordination with Rudy, and Lindsey Graham for his own efforts to throw out votes in Georgia and his meeting with accused insurrectionist Joe Biggs — won’t ultimately be incorporated into the larger conspiracy.

And so while it may be easy for lazy political journalism to spout conventional wisdom about everyone wanting to move on, this time around it is as likely as not that the votes cast next month will age poorly as the investigation into how Trump’s action ties to the death and destruction continues.

Where’s The Anger? Where Are The Consequences?

On January 6 a mob attacked the Capitol. Legislators were rushed out of their chambers and into safe rooms barely ahead of thousands of seditionists. Staff people, Senators and Representatives cowered under desks and behind barricaded doors. People died. Dozens of police were injured, many hospitalized.

Then the legislators resumed business as if nothing horrible and terrifying had happened. The newly-created Insurrection Party shouted about the theft of an election and lied about their concerns. Democrats responded with facts and logic. In the middle of the proceedings, Sen. Amy Klobuchar appeared on A Late Show with Stephen Colbert. In response to Colbert’s increasingly agitated questions, she said that the important thing was that they went back to the floor and did their job. Like Colbert, I’m stunned by the normalcy she displayed. There isn’t a hint of anger, hostility, or outrage in her face, even when she claimed to be angry about it.

Colbert asks if it upsets her at all that six Senators only changed their votes after they were physically attacked, even though they knew they were stirring up trouble around the country by repeating Trump’s big lie about election fraud. She says (my transcription):

Of course it does. But I figured my job today was to bring as many people with me and with our side as we could and to do it in a way that would give them that space. And the reason I did it is because, I made this case to our caucus, is that I want Joe and Kamala to come in with bipartisan support. I want to leave the what Joe Biden calls the grim era of demonization behind us and actually get things done. … I think what they did was atrocious, but at the same time we have to move forward as a nation.

[1] Colbert, his voice rising with emotion, asks if there shouldn’t be consequences for people who promulgated the lie that the election was stolen, consequences “… so severe that no one will ever think to foment an insurrection against this government again without shuddering at the prospect of what will happen to them.” She moves straight to “I’m a former prosecutor”, and starts talking about jailing the invaders. Colbert tries to focus her on the Senators, but she won’t answer whether they should face consequences. She launches into what a toad Trump is, and never responds about the co-toads. Colbert surrenders.

Nothing changed among Democratic politicians after that. On January 15, for example, I saw Jason Crow, D CO-6, on CNN discussing the revelation that some Representatives or their staffers might have led invaders on a reconnaissance tour of the Capitol the day before the attack, even though tours were banned. The oily flow from Crow could be used to lubricate a Mack Truck.

Where’s the demand for accountability for those shits who repeated Trump’s lies with their own imprimatur? [2] Are there no consequences for lies that undermine our democracy? Are elites just utterly free from any duties? Cruz, Hawley, Blackburn, Hyde-Smith, Marshall, Tuberville, and Kennedy are not stupid. Well, Tuberville is a couple of hundred million neurons short of a human brain. But the rest are pretty close to average in intelligence and a couple of them might pass for bright normal.

There are two who simply should be expelled immediately: Mo Brooks, R AL-05, [3] and Madison Cawthorn, R NC-11. These bastards spoke at Trump’s incitement rally and encouraged the assembled mob to action. There’s video. We know what they said, we know what they meant, and we know what happened. If Speaker Pelosi can ask the House to impeach Trump for his incitement based solely on what he said, what he meant and what happened, why can’t she summon the anger and grief we all feel and throw those anti-democratic shits out of the House?

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[1] I’ve got a mental draft of remarks in response to objections to certification, starting with “I ask the Gentleman from Texas who told him there was fraud in the election? Was it the loser, the guy who lied about his own election in 2016, and has lied continuously about rigging ever since? Or was it @JohnnyFeathers39873858 Flag Flag? Or one of the witnesses dug out of internet swamps by the Loser’s elite legal team of crack lawyers? Were they vetted by the Gentleman’s brilliant staff?”

[2] I salute Freshman Representative Cori Bush, who introduced a resolution, co-sponsored by Freshman Representative Marie Newman;

St. Louis representative Cori Bush is calling for the investigation and expulsion of any representatives who objected to election certification, saying their actions lead to the Capitol riots that cost five people their lives.

Compare the aggressive action of the Freshman Congresswomen with elderly Senator Ben Carden D-MD. On January 16 on CNN Carden said expelling these seditionists was up to the voters in their states.

[3] There is a resolution calling for censure of Brooks, sponsored by Debbie Wasserman-Schultz and Tom Malinowski. That’s bullshit. He’ll frame it and use it in the next election.

Why I Agreed to Stop Calling Liz Cheney “BabyDick”

I made a vow on Twitter one of these days that I would no longer refer to Liz Cheney as “BabyDick” if she voted for impeachment.

She is going to vote for impeachment — the second Republican House member to announce their vote.

So I’m on my last legs using the term that invokes her protection of her own father for torture. But this seems like an obviously smart strategic position, as I laid out in this thread;

  • Dems need to realize the GOP wants to be purged of Trumpism
  • After Trump lost, Mitch McConnell thought he could make demands as the senior elected GOP
  • That didn’t happen
  • Then Trump lost the GA vote
  • Then Trump almost got Mitch killed
  • That gives Dems an opportunity to demand the purge of insurrectionists like Mo Brooks, Paul Gosar, Andy Biggs, Boebert, Taylor Greene, Madison Cawthorn, Ted Cruz, Josh Hawley, and Tommy Tuberville
  • That means institutional Republicans — like “BabyDick” and McConnell — actually have an incentive to use impeachment to cleanse their party

It’s a small ask for the GOP, because they’d like to get their corporatist party back, thank you.

Liz “BabyDick” Cheney and I will never be friends. But she will have served a key leadership role in this troubled time in providing another path for the Republican party by voting to impeach an authoritarian.

May she help others feel safe in rejecting this scourge.

Investigate Tommy Tuberville’s Pre-Speech and Debate Actions

There has been a lot of press focus in the last two days on the role that Josh Hawley and Ted Cruz played in Wednesday’s insurgency. Hawley even lost his book deal for playing a part in inciting the mob.

There should be more focus, in my opinion, on Tommy Tuberville.

I say that for two reasons.

First, by all appearances, Hawley and Cruz were just being disgusting opportunists. They saw the populist mantle, which until Wednesday was assumed to be critical to winning a 2024 presidential primary, and ran to claim it. It’s unknown how closely they coordinated with Trump in their cynical attempts to exploit the moment.

Tuberville, however, appears to have been actively coordinating with Trump during the uprising.

And his involvement in this conspiracy dates to mid-December, weeks before he was sworn in, and so a time when his activities would have somewhat less investigative protection under the speech and debate clause. After he first floated serving as the then sole Senator who would challenge the certification of the vote, Trump reached out to Tuberville directly.

On Sunday, Trump said in a radio interview that he had spoken with Sen.-elect Tommy Tuberville (R-Ala.) about challenging the electoral vote count when the House and Senate convene on Jan. 6 to formally affirm President-elect Joe Biden’s victory.

“He’s so excited,” Trump said of Tuberville. “He said, ‘You made me the most popular politician in the United States.’ He said, ‘I can’t believe it.’ He’s great. Great senator.”

Tuberville’s campaign did not respond to a request for comment on Trump’s statement, which the president made in an interview with Rudolph W. Giuliani, his personal lawyer, on New York’s WABC radio station.

Trump’s conversation with Tuberville is part of a much broader effort by the defeated president to invalidate the election. He is increasingly reaching out to allies like Giuliani and White House trade adviser Peter Navarro for ideas and searching his Twitter feed for information to promote, according to Trump advisers, who spoke on the condition of anonymity to discuss private conversations.

And we know that Tuberville remained in direct contact with the conspirators because on Wednesday, the geniuses trying to pull of this coup tried to call him twice. First, literally at the moment Senators were being evacuated because rioters had breached the building, Trump attempted to call Tuberville directly but instead dialed Mike Lee’s cell phone.

With a mob of election protesters laying siege to the U.S. Capitol, Sen. Mike Lee had just ended a prayer with some of his colleagues in the Senate chamber when his cellphone rang.

Caller ID showed the call originated from the White House. Lee thought it might be national security adviser Robert O’Brien, with whom he’d been playing phone tag on an unrelated issue. It wasn’t O’Brien. It was President Donald Trump.

“How’s it going, Tommy?” the president asked.

Taken a little aback, Lee said this isn’t Tommy.

“Well, who is this? Trump asked. “It’s Mike Lee,” the senator replied. “Oh, hi Mike. I called Tommy.”

Lee told the Deseret News he realized Trump was trying to call Sen. Tommy Tuberville, the newly elected Republican from Alabama and former Auburn University football coach. Lee walked his phone over to Tuberville who was talking to some colleagues.

“Hey, Tommy, I hate to interrupt but the president wants to speak with you,” Lee said.

Tuberville and Trump talked for about five to 10 minutes, Lee said, adding that he stood nearby because he didn’t want to lose his cellphone in the commotion. The two were still talking when panicked police ordered the Capitol to be evacuated because people had breached security.

As police were getting anxious for senators to leave, Lee walked over to retrieve his phone.

“I don’t want to interrupt your call with the president, but we’re being evacuated and I need my phone,” he said.

Tuberville said, “OK, Mr. President. I gotta go.”

Then, hours after Rudy Giuliani called for “trial by combat,” after the mob had already breached the building, after one of the insurgents had been killed, hours after Trump had released a video pretending to oppose the violence, possibly even after Capitol Police officer Brian Sicknick suffered injuries that would ultimately kill him, Rudy attempted to call Tuberville. He also dialed the number of a different [unidentified] Senator. Rudy left a message suggesting that he expected Tuberville would heed his requests, a message that seemed to suggest the entire process was an attempt to buy President Trump’s disinformation teams a day to put together new false allegations.

Senator Tuberville? Or I should say Coach Tuberville. This is Rudy Giuliani, the president’s lawyer. I’m calling you because I want to discuss with you how they’re trying to rush this hearing and how we need you, our Republican friends, to try to just slow it down so we can get these legislatures to get more information to you. And I know they’re reconvening at 8 tonight, but it … the only strategy we can follow is to object to numerous states and raise issues so that we get ourselves into tomorrow—ideally until the end of tomorrow.

I know McConnell is doing everything he can to rush it, which is kind of a kick in the head because it’s one thing to oppose us, it’s another thing not to give us a fair opportunity to contest it. And he wants to try to get it down to only three states that we contest. But there are 10 states that we contest, not three. So if you could object to every state and, along with a congressman, get a hearing for every state, I know we would delay you a lot, but it would give us the opportunity to get the legislators who are very, very close to pulling their vote, particularly after what McConnell did today. It angered them, because they have written letters asking that you guys adjourn and send them back the questionable ones and they’ll fix them up.

So, this phone number, I’m available on all night, and it would be an honor to talk to you. Thank you.

This message is the most direct piece of evidence, thus far, that Trump and his co-conspirators planned to use the insurgency as a delay tactic to buy time to try to concoct new claims about the results. It shows that Rudy remained engaged with the attempt to obstruct the lawful counting of the vote after the violence that had delayed it.

Admittedly, both of these calls, like all communications involving either Hawley or Cruz, would be otherwise (if Trump and Rudy hadn’t fucked up) difficult to access given Tuberville’s speech and debate protections. But his communications with the President prior to being sworn in just days earlier would not have the same presumptive protections. And since Rudy was calling him directly, that wouldn’t be privileged either.

The place to start the investigation into Trump’s role in the coup attempt is not with Hawley and Cruz. It’s with Tuberville.

Why Justin Amash Should Be an Impeachment Manager

I’m sitting about six blocks from one of Gerald Ford’s childhood homes. That means I live in a city with an outsized role in America’s history with impeachment. Since the time I’ve lived in this city, our Federal Building added a sign reading (over-optimistically), “Our Constitution works; our great Republic is a government of laws and not of men.”

It also means I’m a constituent of Justin Amash, who has an office in that Federal Building named after Gerald Ford.

And I’m solidly in support of the idea — floated by thirty freshman Democrats — for Amash to be among the Impeachment Managers presenting the case in the Senate.

I think Amash brings several things this impeachment effort could badly use.

First, Democrats missed an opportunity in the House Judiciary hearing on Constitutional issues behind impeachment to call someone like Paul Rosenzweig, a Republican who worked on the Whitewater investigation, who backs impeachment in this case. While a bunch of Democratic lawyers were testifying, Amash was and has continued tweeting to his colleagues about how important impeachment is to the Constitution. It is critical to have a voice making the conservative case for upholding the Constitution. Just this morning, a long time local Democratic activist I was speaking to was hailing how Amash has used his University of Michigan law degree to make the case for impeachment.

Meanwhile, even as the national press has spent countless hours interviewing demographically unrepresentative panels of voters from my county to understand how swing state voters feel about impeachment, Amash has risked his career in that swing state district. Well before queasy Democrats in swing districts came around to the necessity of impeaching President Trump, Amash left his party and took a stand to defend the Constitution. I think his courage may serve as inspiration for Republicans in the Senate who secretly recognize the necessity of impeaching Trump, even while they may worry they’ll ruin their political career. Amash also has close ties with (especially) Rand Paul and other libertarian leaning Senators (like Mike Lee and Ted Cruz), so might be persuasive with them, even if all of them have already basically opposed impeachment.

Finally, a point that some of the more hawkish people involved in impeachment (like Adam Schiff) may not understand, Amash works really well in bipartisan coalitions. He has long been a key member of the privacy coalition and currently serves as the “Republican” co-chair, with Zoe Lofgren as the Democratic co-chair, of the Fourth Amendment coalition. The cornerstone of that coalition, over more than a decade, has been honesty about where progressives and libertarians (and even traditional conservatives) share goals and where we disagree, sometimes dramatically. But with that cornerstone of shared understanding, and with a sense of responsibility for what each side can and should do to support the Constitution, he has been an invaluable member of a team. Some of the people who might also be considered as Impeachment Managers — like Jamie Raskin — would have experience with Amash in such a context. At the very least, Lofgren should be able to give Pelosi reassurances that Amash is utterly reliable when working as part of a bipartisan coalition. This is a topic, the President’s abuse of his authority, on which Amash took a Constitutional stand, which is precisely the kind of common foundation his past work with Democrats was built on.

I don’t get a vote. Speaker Pelosi gets to decide. But as an Amash constituent who has long found common ground with Amash on issues rooted in the Constitution, I think his involvement would be a tremendous value.

The Psy-Group Proposal: A Way to Measure the Value that Russian Hackers Provided the Trump Campaign

On April 15, 2016, Russian hackers searched in DCCC and DNC networks for information on (among other things) Ted Cruz and the Democrats’ field plan.

The Conspirators searched for and identified computers within the DCCC and DNC networks that stored information related to the 2016 U.S. presidential election. For example, on or about April 15, 2016, the Conspirators searched one hacked DCCC computer for terms that included “hillary,” “cruz,” and “trump.” The Conspirators also copied select DCCC folders, including “Benghazi Investigations.” The Conspirators targeted computers containing information such as opposition research and field operation plans for the 2016 elections.

That’s an important detail with which to assess the recent NYT story that, in March, Rick Gates asked Israeli intelligence firm Psy-Group for a proposal on influence operations targeting both Ted Cruz and Hillary Clinton. As the NYT story notes, Gates wasn’t actually all that interested in the Psy-Group proposal and there’s no indication anyone in the Trump camp was either.

There is no evidence that the Trump campaign acted on the proposals, and Mr. Gates ultimately was uninterested in Psy-Group’s work, a person with knowledge of the discussions said, in part because other campaign aides were developing a social media strategy.

But he was interested in the services Psy-Group offered, including intelligence gathering and influence operations.

According to Mr. Birnbaum, Mr. Gates expressed interest during that meeting in using social media influence and manipulation as a campaign tool, most immediately to try to sway Republican delegates toward Mr. Trump.

“He was interested in finding the technology to achieve what they were looking for,” Mr. Birnbaum said in an interview. Through a lawyer, Mr. Gates declined to comment.

[snip]

The proposal to gather information about Mrs. Clinton and her aides has elements of traditional opposition research, but it also contains cryptic language that suggests using clandestine means to build “intelligence dossiers.” [I’ve switched the order of these passages]

So aside from context for the meeting Psy-Group owner Joel Zamel had with Don Jr (and any downstream arrangement the two had), it’s not clear what the report itself means for Mueller’s investigation, with regards to Psy-Group, particularly given claims that the group closely vetted their programs for legal compliance (though NYT was unable to learn whether Covington & Burling had given a green light for this campaign).

But the report that Gates was seeking proposals in March 2016 and the guts of the report are interesting for what they say about the mindset that Gates and Manafort brought to, first, the Convention and after that managing the entire campaign.

The materials Psy-Group provided in response to a Gates request provide at least three things that may be useful for a Mueller prosecution. First, they show that the Russian hackers were working on the same schedule that Gates and Manafort were, with initial data collection slotted for April.

The report also shows what kind of targets the Trump team knew would be resistant to messaging directly from Trump, and so should be targeted by unaffiliated online assets, including fictional avatars.

These groups — especially minority and swing voters — were precisely the groups that Russian trolls and Cambridge Analytica’s dark marketing targeted.

Likewise, Russian hackers may well have shared what amounted to intelligence dossiers with Trump.

Finally, the Psy-Group proposal also provides a dollar figure for the value of these kinds of services. That provides Mueller with a way to show the kind of financial benefit Trump received from both the Russian efforts and whatever efforts Cambridge Analytica gave to Trump for free (or coordinated on illegally): $3.31 million dollars.

The above proposed activity will cost $3,210,000. This does not include the cost of media, which will be billed at cost + 20% management fee and pre-approved with the client in advance prior to committing and spending. We estimate media cost at around $100,000 at this point (mostly social / online media).

One charge we know (from Manafort’s warrant applications) that Mueller is considering is receiving a thing of value from a foreigner. This proposal measures what kind of value Trump’s campaign received from the Russians.

It may be that Psy-Group poses a risk to Trump’s people directly, perhaps as a way to understand Israel’s role as a cut-out for Russia, or as a way to prove that Don Jr lied under oath about his willingness to accept gifts from foreigners. But even without that, the Psy-Group proposal provides a real time measure of how Trump’s campaign under Manafort planned to run their campaign.

 As I said in July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

If Mueller Shows Trump and Stone Cheated to Win the Primary, Will Republicans Turn on Trump?

Before you answer, “no,” hear me out.

I’ve been obsessing about what else — besides repeatedly entertaining offers of help from Russians and changing his opinion about whether Russia hacked the DNC on a dime and thereafter magnifying propaganda that helped Russia’s plausible deniability, even while claiming some knowledge of it — Mueller is investigating Roger Stone. The subpoena challenge of his sometime assistant, Andrew Miller, makes it clear that at least part of the investigation focuses on Stone’s dodgy 527 and PACs. I’ve shown how the second (general election) incarnation of Stone’s Stop the Steal 527 engaged in voter suppression that paralleled the efforts Russia was making.

But we know from the reports of witnesses, including Michael Caputo, that Mueller’s interest in Stone’s activities go back before the general election. For example, he’s interested (in the wake of Rick Gates signing a cooperation agreement) in meetings Stone had with Gates. According to Stone, the only meeting he had with Gates during the election happened shortly after April 19, 2016; Gates was there because Manafort had to cancel at the last minute.

“I only have a record of one dinner with Rick Gates,” he said, adding that the guest list included two other political operatives: Michael Caputo, a former Trump campaign aide who was recently interviewed by Mr. Mueller’s investigators, and Paul Manafort, who soon after took over as chairman of Mr. Trump’s campaign. But Mr. Manafort canceled at the last minute, and Mr. Gates, his deputy, attended in his place.

Mr. Stone said the conversation during the dinner, which fell soon after the New York primary in April 2016, was about the New York State delegate selection for the Republican National Convention. The operatives expressed concern about whether delegates, at a time of deep division among Republicans, would be loyal to Mr. Trump’s vision for the party, Mr. Stone said.

The suggestion, then, is that Mueller’s star witness, Rick Gates, told the special counsel about Stone and Manafort getting the old gang back together. Which would have started in March, as Manafort was wooing Stone’s longtime associate Donald Trump. During the same month, Stone-style rat-fucking was putting the finishing touches to Ted Cruz’ presidential ambitions. That was precisely the period when former Young Republican John Powers Middleton was loading up Stone’s Committee to Restore American Greatness (from which Stop the Steal would get its initial cash infusion). Stone was tweeting out his Stop the Steal campaign, even if he had not yet registered it with the IRS. And not long afterwards, Russian hackers would still be searching Democratic servers for dirt on Cruz, even after he had been mathematically eliminated.

[O]n or about April 15, 2016, the Conspirators searched one hacked DCCC computer for terms that included “hillary,” “cruz,” and “trump.”

The possibility that Mueller’s interest in Stone (and Manafort) extends back to the primary is all the more interesting given how centrally some of Stone’s core skill-sets played out in the lead-up to the Convention. There were veiled threats of violence (and in the home of his dark money, actual violence), a smear story projecting on Cruz the infidelity more typical of Trump, and lots of money sloshing around.

It’s not entirely clear what crime that would implicate — besides potential campaign finance violations (particularly, given Trump’s repeated disavowals of any coordination between Stone and his old buddy Manafort).

And, given how rabidly Republican base voters support Trump, I could see why Republicans would let bygones be bygones. It’s not like the Republican party has ever before shown distaste for Stone’s rat-fucking. Plus, no one likes Ted Cruz, and he may not even survive his race against Beto O’Rourke. So, no, Republicans won’t be any more disposed against Stone if he is shown to have helped Trump cheat in the primary.

All that said, if Mueller indicts Stone in other crimes that Republicans would like to distance themselves from, any allegations about the primary may provide cover.

So, no, whatever dark money slush Mueller is looking at implicates Trump’s victory over the mainstream party won’t, by itself, turn Republicans against Trump. But down the road it may provide cover for the moment Republicans would like to turn on him.

Timeline

September 2, 2011: Pamela Jensen registers Should Trump Run 527 with Michael D Cohen listed as President

October 1, 2015: Pamela Jensen registers STOP RAPE PAC by loaning it enough money to pay for a mailbox

November 10, 2015: Jensen & Associates loans $2,398.87 to CRAG

November 10, 2015: CRAG pays Entkesis 2373.87

December 17, 2015: Corey Lewandowski disavows CRAG

December 24, 2015: CRAG pays Newsmax 10803.55

December 31, 2015: CRAG pays Newsmax 1585.76

February 1, 2016: Pamela Jensen sends out fundraising letter to World Net Daily pushing Kathleen Wiley’s mortgage fundraiser

February 4, 2016: Jensen & Associates loans $2,610 to CRAG

February 10, 2016: Loans from Jensen & Associates repaid

February 19, 2016: Roger Stone tells Alex Jones that Donald Trump has donated to the Kathleen Willey fundraiser, even though it had raised less than $4,000 at that time

February 29, 2016: Paul Manafort pitches Trump on managing his convention

March 1, 2016: John Powers Middleton Company donates $150,000 to CRAG

March 6, 2016: First tweet in spring Stop the Steal campaign

March 9, 2016: John Powers Middleton donates $50,000 to CRAG

March 11, 2016: John Powers Middleton donates $25,000 to CRAG

March 14, 2016: John Powers Middleton donates $25,000 to CRAG

March 23, 2016: National Enquirer publishes story, quoting Stone, claiming multiple Ted Cruz affairs

March 28, 2016: On recommendation of Tom Barrack and Roger Stone, Trump hires Manafort as convention manager, thereby bringing in “traditional” methods Stone resigned over in 2015

April 5, 2016: Stone threatens to send Trump supporters to disloyal delegates hotel rooms, also claims voter fraud in primaries Cruz won

April 6, 2016: Stone (Sarah Rollins) establishes Stop the Steal in same UPS post box as CRAG

April 6, 2016: CRAG gives $50,000 to Stop the Steal

April 6, 2016: CRAG pays Jensen & Associates $11,000

April 6, 2016: CRAG pays Jensen & Associates $9,000

April 6, 2016: Stone tweets Stop the Steal toll free line to “report voter fraud in Wisconsin” primary

April 8, 2016: Stone accused of menacing after threat of Day of Rage

April 12, 2016: John Powers Middleton donates $60,000 to CRAG

April 13, 2016: Stop the Steal pays Sarah Rollins $386.72

April 14, 2016: CRAG pays Tim Yale $9,000

April 14, 2016: Stop the Steal pays Jim Baker $1,500 in “expense reimbursements for rally”

April 15, 2016: GRU hackers search “one hacked DCCC computer for terms that included “hillary,” “cruz,” and “trump”

April 15, 2016: Stop the Steal pays Sarah Rollins $500

April 15, 2016: John Powers Middleton donates $15,000 to CRAG

April 15, 2016: John Powers Middleton donates $2,000 to CRAG

April 15, 2016: $1,000 refunded to John Powers Middleton

April 18, 2016: John Powers Middleton donates $1,000 to CRAG

April 18, 2016: CRAG pays Citroen Associates $40,000

April 19, 2016: CNN writes profile on “the Return of Roger Stone”

Shortly after April 19, 2016: Stone and Rick Gates meet in NY.

April 25, 2016: CRAG pays Paul Nagy $2,500

April 25, 2016: CRAG pays Sarah Rollins $500 plus $41.66 in expenses

April 28, 2016: Protest outside of Donald Trump rally in Costa Mesa turns violent

April 29, 2016: John Powers Middleton donates $50,000 to CRAG

May 1, 2016: Last Stone tweet in spring Stop the Steal campaign

May 2, 2016: CRAG pays Sarah Rollins $800

May 2, 2016: Stop the Steal fundraises and calls for march on Convention, even as Trump disavows any tie to it or other PACs/527s

May 4, 2016: CRAG pays Jensen & Associates $5,000

May 13, 2016: CRAG pays Sarah Rollins 93.50

May 15, 2016: Stop the Steal pays Sarah Rollins $500

May 16, CRAG pays Andrew Miller $2,000

May 16, 2016: CRAG pays Citroen Associates $10,000

May 16, 2016: CRAG pays Sarah Rollins $400

May 16, 2016: CRAG pays Kathy Shelton $2,500

May 24, 2016: Stone PAC RAPE PAC, aka Women v Hillary, announced

June 2, 2016: Pamela Jensen sets up Women v Hillary PAC out of a different mailboxes location in Costa Mesa (again, this only ever showed enough money to pay for the mailbox used as its address)

June 7, 2016: FEC informs CRAG it must submit filings by July 12, 2016

June 7, 2016: CRAG pays Jensen & Associates $4,790

June 8, 2016: Stop the Steal pays Paul Nagy $800 in “expense reimbursements for rally”

June 17, 2016: CRAG pays Andrew Miller $3,000

July 5, 2016: CRAG pays Jensen & Associates $14,500

July 6, 2016: CRAG pays Michelle Selaty $10,000

July 6, 2016: CRAG pays Drake Ventures $12,000

July 11, 2016: CRAG pays Cheryl Smith $4,900

July 12, 2016: Stop the Steal gives $63,000 to CRAG

July 12, 2016: CRAG pays Jensen & Associates $7,200

July 15, 2016: CRAG pays Jason Sullivan $1,500

July 18, 2016: CRAG pays Jensen & Associates $7,500

July 20, 2016: CRAG pays Jensen & Associates $3,000

July 29, 2016: CRAG pays Jensen & Associates $6,000

August 1, 2016: CRAG pays Andrew Miller $4,000; Stone flies from JFK to LAX

August 2, 2016: Stone dines with Middleton at Dan Tanas in West Hollywood

August 3, 2016: CRAG pays Jensen & Associates $9,500

August 3, 2016: CRAG pays Josi & Company $2,500

August 3-4, 2016: Stone takes a red-eye from LAX to Miami

August 4, 2016: Stone flip-flops on whether the Russians or a 400 pound hacker are behind the DNC hack and also tells Sam Nunberg he dined with Julian Assange; first tweet in the fall StopTheSteal campaign

August 5, 2016: Stone column in Breitbart claiming Guccifer 2.0 is individual hacker

August 9, 2016: CRAG pays Jason Sullivan $1,500

August 15, 2016: CRAG pays Jensen & Associates $19,500

August 29, 2016: CRAG pays Law Offices of Michael Becker $3,500

August 31, 2016: Robert Shillman gives $8,000 to CRAG

September 12, 2016: CRAG gives $8,000 to Donald Trump

September 14, 2016: CRAG pays $3,000 to Citroen Associates

September 21, 2016: Robert Shillman gives $8,000 to CRAG

September 22, 2016: CRAG gives $8,000 to Donald Trump

October 13, 2016: Stop the Steal pays Andrew Miller $5,000

October 23, 2016: Stone tweets out message saying Clinton supporters can “VOTE the NEW way on Tues. Nov 8th by texting HILLARY to 8888”

October 28, 2016: GRU officer Anatoliy Kovalev and co-conspirators visit websites of counties in GA, IA, and FL to identify vulnerabilities

October 30, 2016: Ohio Democratic Party sues Ohio Republican Party to prevent Stop the Steal voter suppression; Democrats also sue in NV, AZ, and PA

November 3, 2016: Filings in ODP lawsuit describing Stop the Steal (declarationexhibits)

November 4, 2016: Judge James Gwyn issues Temporary Restraining Order against Trump, Stone, and Stop the Steal

November 4, 2016: Guccifer 2.0 post claiming Democrats may rig the elections

November 7, 2016: Sixth Circuit issues a stay in OH TRO

December 14, 2016: Women versus Hillary gives $158.97 to CRAG

December 19, 2016: Stop the Steal pays $5,000 to Alejandro Vidal for “fundraising expenses”

December 19, 2016: Stop the Steal pays $3,500 to C Josi and Co.

December 21, 2016: Stop the Steal pays $1,500 to The Townsend Group

December 27, 2016: Stop the Steal pays $3,500 to Kristen [sic] Davis

December 28, 2016: Stop the Steal gives $94 to CRAG

December 29, 2016: Stop the Steal pays Jerry Steven Gray $4,000 for “fundraising expenses”

December 30, 2016: Stop the Steal pays 2,692 total to unnamed recipients

January 19, 2017: Stop the Steal pays $5,000 for fundraising expenses to Alejandro Vidal

February 8, 2017: Stop the Steal pays Kristen [sic] Davis $3,500 for “fundraising expenses”

February 15, 2017: Stop Steal pays Brad Boeck $862 for sales consultant consulting fee

As I disclosed in July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post.