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The Dog Ate My Conflict — Car Accident — Ventilator — Disconnected Phones: Miscellany from the January 6 Investigation

I’m working on a few other things but wanted to capture a few details about the January 6 investigation.

John Pierce succeeds in hiring a new client from the COVID ward

Last week, I described how Ryan Marshall, an associate of John Pierce — the trial lawyer attempting to represent 17 January 6 defendants — claimed Pierce couldn’t be at a hearing for someone who would be his 18th because, “Mr. Pierce is in the hospital, we believe, with COVID-19, on a ventilator, non-responsive.”

After another hearing in which that associate, Marshall, showed up with few explanations, DOJ sent out notices to most of the defendants purportedly represented by Pierce, explaining the many conflicting explanations for Pierce’s absence offered in the last week.

The U.S. Attorney’s Office has had no contact with Mr. Pierce—by phone, e-mail, or otherwise—since Monday, August 23, 2021, when he appeared for a hearing before the Honorable Paul L. Friedman in United States v. Jeremiah Caplinger, No. 21-cr-342 (PLF). Since that time, the U.S. Attorney’s Office has heard conflicting information about Mr. Pierce’s health and whereabouts. The morning of Tuesday, August 24, Mr. Pierce was scheduled to appear before Judge Friedman for a status hearing in United States v. Nathaniel DeGrave, No. 21-cr-90. Mr. Pierce was not present at the hearing. Instead, Ryan Marshall—an associate from Mr. Pierce’s law firm who is not a licensed attorney—appeared in Mr. Pierce’s place and represented to the court that Mr. Pierce’s absence was due to a conflict. A few hours later, Mr. Marshall attended a reverse-proffer session with a different defendant represented by Mr. Pierce, telling the Assistant U.S. Attorney that he had just gotten word that Mr. Pierce had been in an accident and was on his way to the hospital. Mr. Marshall then proceeded with the reverse-proffer session in Mr. Pierce’s absence.

The next morning, August 25, Mr. Marshall again appeared in Mr. Pierce’s place at a hearing before the Honorable Amit P. Mehta in United States v. Shane Jenkins, No. 21-cr-245. At that hearing, Mr. Marshall represented to the court that Mr. Pierce was hospitalized with COVID19, on a ventilator, and non-responsive. After that information was reported publicly, a different individual reached out to an NPR correspondent and wrote that Mr. Pierce did not, in fact, have COVID, but instead “was hospitalized on Monday due to symptoms that he believed might be related to Covid-19”; “appears to have been suffering from dehydration and exhaustion”; and “remains under the care of his doctors[.]”3 On Thursday, August 26, Mr. Marshall again appeared before Judge Mehta in Mr. Pierce’s stead, this time in United States v. Peter Schwartz, No. 21-cr178. Before that hearing, Mr. Marshall told the Assistant U.S. Attorney that he had not had any direct contact with Mr. Pierce, but that one of Mr. Pierce’s friends had told him that Mr. Pierce was sick with COVID-19 and another had said he was not. During the hearing, Mr. Marshall requested, and was granted, a sealed bench conference at which to discuss Mr. Pierce’s condition. Later that evening, the same NPR correspondent reported that “[o]ne source close to attorney John Pierce tells me that [Mr.] Pierce is currently hospitalized, and has been diagnosed with COVID19, but firmly denied that he was ever placed on a ventilator.”4 Adding to the confusion, Mr. Pierce, who generally posts multiple messages to Twitter on a daily basis, has not tweeted since August 20.5 And there are reports that “multiple phone numbers for Pierce’s law firm, Pierce Bainbridge P.C., have been disconnected.” [my emphasis]

DOJ then declared all those cases to be “effectively at a standstill” and invited the respective judges to “take any steps [they] believe[] necessary to ensure that the defendant’s rights are adequately protected while Mr. Pierce remains hospitalized.”

Just as all these letters started to go out, the Notice of Attorney Appearance that Marshall had claimed had been filed on August 24, only dated August 30 and auto-signed by Pierce (who may or may not be on a ventilator), appeared in the docket for Shane Jenkins, the defendant at whose hearing Marshall first reported that Pierce was on a ventilator. Shortly thereafter a notice letter covering Jenkins went to Judge Amit Mehta, who had already received at least one for other Pierce defendants. It noted,

At an August 25, 2021, hearing before the Honorable Amit P. Mehta in United States v. Shane Jenkins, No. 21-cr-245 (APM), Ryan Marshall, an associate at Mr. Pierce’s firm, stated that Mr. Pierce now also represents Jenkins. A notice of appearance, purportedly signed by Mr. Pierce, was filed this morning (DE 22).

And with that filing, a man who may be incapacitated acquired an 18th defendant to represent.

WaPo has a good story on Pierce’s other shenanigans, including telling other defense attorneys that this is all a false flag operation and leaving one co-counsel unpaid.

“This whole thing was absolutely a false-flag FBI and intelligence community and military special operations set-up,” he wrote in a late July email to a group of lawyers coordinating defense efforts. The message was shared with The Washington Post. “I don’t [think] a single defendant should take any plea that involves one additional day in jail. At least that’s my mind-set.”

Another attorney replied, “John, can you explain more about how this false flag set-up worked? I’m unclear about the details of what you’re saying.” Pierce did not elaborate.

In another email chain discussing Capitol Police interviews, Pierce wrote, “THIS WHOLE THING WAS AN LEO/IC SET-UP,” referring to law enforcement officers and the intelligence community, “AND WE NEED TO WORK TOGETHER TO PROVE IT.”

[snip]

James Kelly, listed as co-counsel with Pierce in a Jan. 6 case, said Monday that he cut ties with the firm in June because he wasn’t paid, is withdrawing from the case and declined further public comment.

The December 17 cooperation update in the Oath Keepers investigation

Meanwhile, things seem to be progressing in the Oath Keepers case. As a reminder, there are four known cooperators in the case: Jon Schaffer, Mark Grods, Graydon Young, and Caleb Berry. In each, Judge Amit Mehta set a two month deadline for the first status report.

In the Schaffer case, the status report submitted on or before June 16 was quickly sealed; indeed, everything since his plea remains sealed.

In both the Graydon Young and Mark Grods case, however, the status report recently got filed.

In the case of Young, the notice similarly reported on ongoing cooperation, asked that Young’s release conditions be relaxed (to match those of other cooperators, though it doesn’t say this), and asked for December 17 to be the next status report in Graydon Young’s case.

The parties report that Defendant Graydon Young continues to cooperate with the government. We request the opportunity to file a further status report by December 17, 2021.

Defendant Young requests that the Court modify his release conditions, stepping him down from home incarceration to an appearance bond on personal recognizance, with the following conditions: not obtain a passport, surrender any passport, not possess any firearms or destructive weapons, not have any contact with co-defendants or associates or affiliates of the Oath Keepers, stay out of Washington, D.C., and notify Pretrial of any travel outside the Middle District of Florida. The government does not oppose this request.

In the Grods case, DOJ asked for the next status report to be due on the same day, December 17.

The parties report that Defendant Mark Grods continues to cooperate with the government. We request the opportunity to file a further status report by December 17, 2021

Berry pled guilty more recently, so his first status report isn’t due until September 21, two months after his plea.

None of this is all that surprising, but the fact that DOJ harmonized the next report date for Young and Grods, who would otherwise be a week apart, suggests DOJ thinks of that as a milestone in the Oath Keeper case. It may be tied to the first trial date for the conspirators, currently set for January 31, 2022. Or it may reflect some understanding of what the prosecutors think they have before them.

If it’s the latter, it says they’ve got four more months of investigation to complete before they’ll finish.

“Zachary Studabaker’s” best-in-riot passwords

In a bid to delay trial for Zachary Alam, the guy who punched through the Speaker’s Lobby door with his bare fist, prosecutor Candice Wong gave an updated status on discovery for him (see this post on discovery provided to those who helped Alam break through the Speaker’s Lobby doors; Wong has sent Alam one, two, three, four, five, six). As part of that paragraph, Wong disclosed that the government is still trying to crack the passwords on multiple devices belonging to Alam.

The government has provided defense counsel with significant case-specific discovery, as outlined in seven discovery notices filed with the Court between March 26, 2021, and July 14, 2021. See ECF Nos. 10, 14, 17, 20-22, 24. The materials provided include videos encompassing surveillance footage from the U.S. Capitol Police, body-worn-camera footage from the Metropolitan Police Department, open-source videos posted on news and social media platforms, and videos obtained through legal process or voluntary productions in other Capitol investigations that depict the defendant. Case-specific discovery provided to the defendant also includes reports of interviews with civilian and law enforcement witnesses, grand jury materials, search warrant returns, subpoena returns, and jail calls. As the defendant was inside the Capitol for over half an hour, covered four floors, and had multiple interactions while he was there, the government continues to identify and produce additional case-specific materials. Also forthcoming are extractions of the multiple digital devices recovered from the defendant upon his arrest, for which law enforcement is still attempting to decrypt the defendant’s password protections.

The fifth discovery letter, above, describes four devices obtained via a warrant.

It’s not surprising that Alam would have pretty solid passwords. A detention motion in the case described that Alam used aliases…

Moreover, the defendant is known to have used aliases. Lawfully obtained records show that the defendant has provided multiple false names to service providers, including at least one false name – “Zachary Studabaker” – for services since the events of January 6, 2021.

Stolen license plates…

In addition, according to the government’s information, the defendant was at the time of his arrest driving a vehicle that he had purchased around September 2020 but never registered, and for which the defendant had used multiple license plates, including in recent months. These include a Washington, D.C. license plate, found inside the defendant’s vehicle in Pennsylvania, which was reported stolen in 2018 by an individual who indicated that the front license plate was taken off his vehicle while parked in Northwest D.C. D.C. traffic cameras captured a black Chevy truck matching the description of the defendant’s vehicle bearing this license plate as recently as January 4, 2021. Moreover, when agents located the defendant at the motel in Pennsylvania, they observed the defendant’s black Chevy truck parked outside and noted that it bore Pennsylvania license plates for a Mazda vehicle.

False identification…

Upon arrest, moreover, the defendant had multiple identification cards in his wallet, including a D.C. driver’s license and a D.C. identification card for one male, a Permanent Resident card for a second male, and University student identification card for a female.

Burner phones…

Among the items agents seized from the defendant’s motel room nightstand, moreover, were two mobile phones – a Verizon flip phone as well as an iPhone.

[snip]

For “Sun 1/10/21,” the defendant had written “activate burner,” indicating that four days after the events at the U.S. Capitol, he began using a “burner” phone. That “burner” appears to refer to the Verizon flip phone that agents recovered, as executing agents photographed a receipt dated January 10, 2021, for a “Verizon” phone paid for with $65.13 in cash at a Walmart in Pennsylvania.

Cryptocurrency…

The defendant’s other notes from January 10 referred to his intent to “buy crypto[currency]” and “consolidate crypto,”

[snip]

Meanwhile, on “Wed 1/13,” the notes indicate that the defendant planned to “buy CRV on Binance,” an online exchange for trading cryptocurrencies.

[snip]

He also wrote on another page, “Research security (location intelligence)” and “Research how to launder BTC [bitcoin]” right above notes that likewise appear to concern January 6: “Wanted a civilized discussion w/ our representatives but the door wouldn’t open” and “Call out Pence – should have been over.”

And (a poorly implemented) VPN…

Indeed, in a jail call he made on February 21, 2021, the defendant told an individual that he believed he had been tracked down by law enforcement through GPS on his phone and complained that he had downloaded “VPN on my phone” and “got IP Vanish” but that it was “a bullshit service”; “I tried to make that thing run all the time, and it just shut off like randomly sometimes… They can’t f–ing have the VPN running 24 hours? Basically the same thing as not having it… That’s how they figured out my general location.”

But that’s the thing: Alam was using a great deal of operational security. But when it came down to it, he used a free VPN and had his burner phone sitting on a nightstand right next to his smart phone. He was attempting to use operational security, but he was botching it at every opportunity.

And yet the FBI has not yet cracked passwords on multiple — at least two — of the four devices they seized from him, after arresting him seven months ago. FBI has had limited difficulties getting into January 6 defendants’ phones (the most notable of which was solved when they forced Guy Reffitt to use his face to open his Surface Pro), and there are suspects — including two charged suspects and one who fled bail — who have spent longer periods than Alam as fugitives. But this detail seems to suggest that Alam has the best passwords among the 600 January 6 defendants.

The Hundred-Plus January 6 Defendants Accused of Assault

Yesterday, Merrick Garland marked two milestones in the January 6 investigation: 500 arrests, of which 100 were for assaulting police.

The Department of Justice reached several benchmarks in our investigation into the January 6th attack on the U.S. Capitol.

We have now crossed the threshold of 500 arrests, including the 100th arrest of a defendant on charges of assaulting a federal law enforcement officer. This morning, we arrested our first defendant on charges that include assaulting a member of the news media.

I could not be more proud of the extraordinary effort by investigators and prosecutors to hold accountable those who engaged in criminal acts that day. Particular credit goes to those serving as prosecutors and agents in Washington, D.C., as well as those in FBI field offices and U.S. Attorney’s Offices across the country, and with the Department’s National Security Division.

Our efforts to bring criminal charges are not possible without the continued assistance of the American public. To date, we have received their more than 200,000 digital tips.

I assure the American people that the Department of Justice will continue to follow the facts in this case and charge what the evidence supports to hold all January 6th perpetrators accountable.

I’ve been tracking the charged assaults (and a few related crimes). Here’s my list, which includes several people who really resisted arrest (but got charged under 18 USC 111). Note this list also tracks how the FBI identified the defendant, which shows that FBI has been relying on “Be On the Lookout” photos to identify assailants. As of right now, all these defendants have pled NOT guilty and are assumed innocent. [fixed typo]

As you read this list, keep in mind that FBI has released 410 BOLOs, most for assault, and well over 200 of those people remain at large. And of course, the FBI has not yet apprehended the pipe bomber.

  1. Daniel Page Adams, whose arrest affidavit describes engaging in a “direct struggle with [unnamed] law enforcement officers” (his cousin, Cody Connell, described the exchange as a “civil war”). Tip SM
  2. Zachary Alam, who pushed cops around as he was trying to break into the Speaker’s Lobby. BOLO 79
  3. Michael Alberts, who was arrested for gun possession the day of the riot but who had an assault charge added in a superseding indictment
  4. Wilmar Alvarado, who pushed cops in the mob trying to get in from the West Terrace. BOLO 65
  5. John Anderson, who after taking two riot shields from cops, needed their assistance after getting maced.
  6. Thomas Ballard, who used a police baton and threw a table in the Lower West Terrace. BOLO 325
  7. Logan Barnhart, who pulled one of the cops out of the Capitol.
  8. Craig Bingert, who allegedly helped shove cops with a barricade. BOLO 105
  9. Brian Glenn Bingham, who scuffled with two cops after Ashli Babbitt got shot. BOLO 93
  10. David Blair, who poked a cop with a lacrosse stick with a Confederate flag attached. Onsite arrest
  11. Michael Brock, who hit two cops with a four-foot rod. BOLO 319
  12. Nicholas James Brockhoff, who sprayed a fire extinguisher from the Terrace at cops. BOLO 255
  13. Benjamin Burlew, who participated in a 6-person assault on an AP journalist.
  14. Jamie Buteau, whom surveillance video showed throwing chairs at cops several times in the Capitol. (BOLO 188)
  15. Alan Byerly, who allegedly beat up a cop and then beat up an AP cameraman. BOLO 193
  16. Daniel Caldwell, who was filmed macing 15 cops. SM
  17. Steven Cappuccio, who pulled Daniel Hodge’s gas mask and beat him with his own baton. BOLO 123
  18. Matthew Caspel, who was filmed charging the National Guard. Tip SM
  19. William Chrestman, who is accused of threatening a cop as Proud Boys pushed their way past the original line of defense (charged with 18 USC 115). NM
  20. Reed Christensen, who was videotaped swinging at cops. BOLO and video 191
  21. Luke Coffee, who was videotaped beating several cops with a crutch. Tip SM and BOLO 108
  22. Cody Connell, who with his cousin was in a direct confrontation with cops. Tip SM
  23. Lance Copeland, who admitted to fighting with cops on the barricades.
  24. Matthew Council, who was arresting for shoving cops the day of the riot.
  25. Kevin Creek, who was filmed hitting and kicking officers on the West Terrace. BOLO 296
  26. Bruno Cua, who was filmed shoving a cop to be able to get into the Senate. Tip LE
  27. Matthew DaSilva, who fought over shields with cops in the Lower West Terrace. BOLO 230
  28. James Davis, the Proud Boy with a big stick who charged some cops.
  29. Nathan DeGrave, whom security cameras caught threatening to fight cops. Network Sandlin
  30. David Dempsey, a Proud Boy with a history of assaulting anti-Trump protestors who used a crutch to assault police in the Tunnel. Sedition Hunters
  31. Josh Doolin, who is part of Johnny Pollack’s cell that assaulted multiple cops. Network Pollack
  32. Daniel Egdvedt, a large man who took swipes and grabbed at several officers as they tried to remove him from the Capitol. BOLO 76
  33. Scott Fairlamb, who was caught in multiple videos shoving and punching officers (one who whom is identified but not named); Cori Bush has said she was threatened by him last summer. Tips, including SM
  34. Joseph Fischer, a cop who got in a tussle with another cop. Tip SM
  35. Kyle Fitzsimons, who charged officers guarding the doorway of the Capitol. BOLO 139
  36. Michael Foy, a former Marine who was caught on multiple videos beating multiple cops with a hockey stick. Tip SM
  37. Kevin Galetto, who allegedly knocked an MPD officer to the ground in the Tunnel. BOLO 146
  38. Robert Giswein, who appears to have ties to the Proud Boys and used a bat to beat cops. NM
  39. Vitali Gossjankowski, who was interviewed about whether he had tased MPD officer Michael Fanone, causing a heart attack; instead he was charged with assaulting CPD officer MM. BOLO 98 — with a second one mentioned
  40. Daniel Gray, who got into several confrontations with officers inside the Capitol, including knocking down a female cop. Tip SM
  41. Brian Gunderson, charged with assault while committing a felony on a superseding.
  42. Alex Harkrider, who after being filmed fighting with police at the door of the Capitol, posted a picture with a crowbar labeled, “weapon;” he was charged with abetting Ryan Nichols’ assault. Tip SM
  43. Richard Harris, who assaulted a journalist in Oregon weeks before threatening cops, Nancy Pelosi, and Mike Pence during the riot.
  44. Uliyahu Hayah, who was in the vicinity of Ashli Babbitt’s death and shoved a cop on his way out. NM
  45. Albuquerque Cosper Head, accused of assaulting Michael Fanone.
  46. Dillon Herrington, who threw a 4X4 at cops, then threw a barrier. Sedition Hunters picture
  47. Joseph Hutchison, who is part of Johnny Pollack’s group, but who was caught via his own BOLO. BOLO 320
  48. Emanuel Jackson, whom videos caught punching one officer, and others show beating multiple officers with a metal baseball bat. BOLO 31
  49. Shane Jenkins, alleged to have used a crowbar to break in a window, later threw things including a pole, a desk drawer, and a flagpole at cops.
  50. Douglas Jensen, the QAnon who chased Officer Goodman up the stairs, got charged with resisting him. NM, BOLO 10
  51. Taylor Johnatakis, charged with 111.
  52. Paul Johnson, who carried a bullhorn and was in the initial assault from the west side with Ryan Samsel. BOLO 49
  53. David Judd, who threw a firecracker at cops in the tunnel. Tip and BOLO 137
  54. Julian Elie Khater, who allegedly sprayed Brian Sicknick and two others with very powerful bear spray. BOLO 190
  55. Freddie Klein, the State Department employee who fought with three different officers while trying to break through police lines. BOLO 136
  56. Edward Jacob Lang, who identified himself in a screen cap of a violent mob attacking cops and who was filmed slamming a riot shield into police and later fighting them with a red baseball bat. Tip SM
  57. Nicholas Languerand, accused of throwing a bollard, a can of pepper spray, and a stick at cops in the Lower West Tunnel.
  58. Samuel Lazar, who was caught on video spraying chemicals and cops and claimed to be the tip of the spear.
  59. Mark Jefferson Leffingwell, whom a Capitol Police officer described in an affidavit punching him. Onsite arrest
  60. Joshua Lollar, who described fighting cops and was caught in pictures showing himself in the front lines confronting cops. Tip SM
  61. Michael Lopatic, who allegedly assaulted some cops with Stager and Sabol, then took a BWC to hide the assault. BOLO 133
  62. Clifford Mackrell, who attempted to strip an officer’s gas mask after someone else sprayed bear spray. BOLO 124
  63. Logan McAbee, who was part of a gang assault on a cop pulled out of the Capitol.
  64. Patrick Edward McCaughey III, who was filmed crushing MPD Officer Daniel Hodges in one of the doors to the Capitol. BOLO 62
  65. James McGrew, who shoved some cops in the Rotunda then bared his King James belly tattoo, Tip Network
  66. Sean McHugh, accused of spraying some yellow substance at cops and using a sign as a battering ram, BOLO 59
  67. Jeffrey McKellop, a former Special Forces guy accused of assaulting 4 cops, including one by using a flagpole as a spear. BOLO 215
  68. David Mehaffie, who directed the assaults in the Tunnel
  69. Jonathan Mellis, who used some kind of stick to try to jab and beat police. Tip SM
  70. Jalise Middleton
  71. Mark Middleton, the Middletons fought the cops outside the West entrance to the Capitol. BWC
  72. Garret Miller, who pushed back at cops and then threatened both AOC and the cop who killed Ashli Babbit. Tip LE
  73. Matthew Ryan Miller, who released fire extinguisher in close quarters. Tip SM
  74. Jordan Mink, who used a pole to assault the police.
  75. Brian Mock, who kicked a cop when he was down and bragged about it. BOLO and Tip SM
  76. Patrick Montgomery was charged with assault against MPD officer DJ in a follow-up indictment.
  77. Robert Morss, who in addition to tussling with a cop, was a key organizer of shield walls in the Tunnel. BOLO 147
  78. Aaron Mostofsky, possibly for stripping a cop of his or her armored vest and riot shield. NM
  79. Clayton Mullins, alleged to be part of the mob that assaulted AW and two other police. Tip
  80. Jonathan Munafo, alleged to have fought with cops in two different locations, including punching one in the Lower West Terrace. (BOLO and video 170)
  81. Ryan Nichols, who was filmed wielding a crowbar and yelling, “This is not a peaceful protest,” then spraying pepper spray against police trying to prevent entry to the Capitol. Tip SM
  82. Grady Owens, who allegedly hit a cop in the head on the Mall with a skateboard, as he was heading to reinforce the Capitol. BOLO 109
  83. Jason Owens, accused of assaulting a second officer after his son attacked one with a skateboard. Network Owens
  84. Jose Padilla, who shoved cops at a barricade, then helped use a Donald Trump sign as a battering ram against them. Tip SM
  85. Robert Palmer, who sprayed cops with a fire extinguisher then threw it at them.
  86. Michael Perkins, who is part of the Pollack group. Network Pollack
  87. Dominic Pezzola, a Proud Boy who stole a shield from cops. NM and BOLO 43
  88. Johnny Pollack, who serially assaulted cops and then went on the lam. BOLO 144
  89. Olivia Pollack, Johnny’s sister who also allegedly punched a cop. Pollack network
  90. Mark Ponder, filmed repeatedly attacking cops with poles.
  91. Christopher Quaglin, accused of assaulting cops both at the initial breach of the barriers and later in the Lower West Terrace.
  92. Stephen Chase Randolph, who shoved cops at the initial barricade and later bragged about a female cop’s head bouncing off the pavement. BOLO 168
  93. Daniel Rodriguez, whom videos appear to show tasing Michael Fanone. Sedition Hunter-based reporting
  94. Edward Rodriguez, who sprayed pepper spray at cops while wearing a suit. Sedition Hunter-based reporting
  95. Greg Rubeacker, Tip SM
  96. Jeffrey Sabol, helped drag a cop from the Capitol and beat him while prone. LE arrest (erratic driving)
  97. Ryan Samsel, who set off the riot by giving a cop a concussion; he appears to have coordinated with Joe Biggs. BOLO 51 (though not IDed by BOLO)
  98. Salvador Sandoval, Jr, who went to the insurrection with his mother and shoved some cops.
  99. Robert Sanford, who was filmed hitting Capitol Police Officer William Young on the head with a fire extinguisher. Tip NM
  100. Ronald Sandlin, who tried to wrestle cops to keep the door to the Senate open. MPD tip
  101. Troy Sargent, who appears to have punched some cops holding a line. Tip SM
  102. Peter Schwartz, a felon who maced several cops. Tip NM (BOLO 120)
  103. Dan Scott, AKA Milkshake, who shoved some cops in the initial assault. Network.
  104. Christian Secor, a UCLA self-described fascist who helped shove through some cops to break into the Capitol and then sat in the Senate chamber. Tip NM
  105. DJ Shalvey. The details of the assault charged against Shalvey are not public, but he did get charged for lying about it to the FBI.
  106. Barton Wade Shively, who pushed and shoved some police trying to get into the Capitol, punched another, then struck one of those same cops later and kicked another. BOLO 55
  107. Thomas Sibick, accused of being among a group of men who attacked Michael Fanone and stole his badge.
  108. Geoffrey Sills, alleged to have used both a pole and a baton in several assaults on cops in the tunnel.
  109. Audrey Southard-Rumsey, the talented singer deemed one of the main agitators in the Statuary Hall Connector. Tip SM
  110. Peter Francis Stager, who was involved in beating a prone cop with a flagpole. Tip SM
  111. Ezekial Stecher, whom videos showed pushing in the Lower West Tunnel.
  112. Tristan Stevens, who fought cops with a shield and baton. Video
  113. Isaac Sturgeon, who is accused of using a barricade to attack some officers.
  114. Andrew Taake, who is accused to have used a metal whip and pepper spray against the cops. Tip SM
  115. George Pierre Tanios, who allegedly conspired with Julian Khater to attack Brian Sicknick and two other cops. BOLO 254
  116. Kenneth Joseph Owen Thomas, who organized a MAGA Caravan from AL and then selfied himself attacking cops. BOLO 214
  117. Christopher Warnagiris, the Marine Major who fought to keep the East door open. BOLO 241
  118. Thomas Webster, who attacked a cop with a flagpole. BOLO 145
  119. Wade Whitten, accused of dragging AW down the steps of the Capitol and hitting him with a crutch. BOLO 130
  120. Ricky Willden, who allegedly sprayed cops with a chemical.
  121. Duke Wilson, accused of assaulting several officers in the Lower West Tunnel. BOLO 87
  122. Jason Woods, who allegedly used the same tripping attack on a female cop and a cameraman. BOLO 238
  123. Christopher Worrell, a Proud Boy who apparently sprayed pepper spray at a line of police.
  124. Kyle Young, accused of attacking Michael Fanone and another officer, and stealing Fanone’s weapon.

Some Key Gaps in the January 6 Story [Updated]

DOJ continues to roll out arrests of people involved in the January 6 coup attempt.

But there are some obvious gaps in the (public) story so far.

Arrests relating to over 100 police assaults

In a filing submitted over the weekend, the government asserted that 139 cops were assaulted during the insurrection.

In the course of the insurrection, approximately 81 Capitol Police and 58 MPD officers were assaulted,

In its website tracking the people arrested so far, DOJ describes assault charges being filed against 12 people (updated on 2/1 to total 17 people):

  1. Daniel Page Adams, whose arrest affidavit describes engaging in a “direct struggle with [unnamed] law enforcement officers” (his cousin, Cody Connell, described the exchange as a “civil war”).
  2. Zachary Alam, who pushed cops around as he was trying to break into the Speaker’s Lobby.
  3. Matthew Caspel, who charged the National Guard.
  4. Scott Fairlamb, who was caught in multiple videos shoving and punching officers (one who whom is identified but not named); Cori Bush has said she was threatened by him last summer.
  5. Kyle Fitzsimons, who charged officers guarding the doorway of the Capitol.
  6. Alex Harkrider, who after being filmed fighting with police at the door of the Capitol, posted a picture with a crowbar labeled, “weapon;” he was charged with abetting Ryan Nichols’ assault.
  7. Michael Foy, a former Marine who was caught on multiple videos beating multiple cops with a hockey stick.
  8. Robert Giswein, who appears to have ties to the Proud Boys and used a bat to beat cops.
  9. Emanuel Jackson, whom videos caught punching one officer, and others show beating multiple officers with a metal baseball bat.
  10. Chad Jones, who used a Trump flag to break the glass in the Speaker’s Lobby door just before Ashli Babbitt was shot and may have intimidated three officers who were pursuing that group.
  11. Edward Jacob Lang, who identified himself in a screen cap of a violent mob attacking cops and who was filmed slamming a riot shield into police and later fighting them with a red baseball bat.
  12. Mark Jefferson Leffingwell, whom a Capitol Police officer described in an affidavit punching him.
  13. Patrick Edward McCaughey III, who was filmed crushing MPD Officer Daniel Hodges in one of the doors to the Capitol.
  14. Ryan Nichols, who was filmed wielding a crowbar and yelling, “This is not a peaceful protest,” then spraying pepper spray against police trying to prevent entry to the Capitol.
  15. Dominic Pezzola, a Proud Boy who stole a shield from cops.
  16. Ryan Samsel, who set off the riot by giving a cop a concussion; he appears to have coordinated with Joe Biggs.
  17. Robert Sanford, who was filmed hitting Capitol Police Officer William Young on the head with a fire extinguisher.
  18. Peter Schwartz, a felon who maced several cops.
  19. Barton Wade Shively, who pushed and shoved some police trying to get into the Capitol, punched another, then struck one of those same cops later and kicked another.

While a number of these men — Fairlamb, Jackson, Nichols, Shively, among others — allegedly assaulted multiple cops, that’s still far below the total of 139 alleged assaults.

That says the FBI is still looking for a significant number of people in assaults on police. Over the weekend, the FBI released BOLO posters showing 12 other men believed to have assaulted police — including two targeting individuals specifically.

The murder of Brian Sicknick

Of particular note, while the FBI has released a BOLO poster focused on the men who assaulted MPD Officer Michael Fanone, no such post has identified suspects as those suspected of killing Brian Sicknick (though note that Robert Sanford did assault a different officer with a fire extinguisher). There are many possible explanations for why his murder might be treated differently (not least that the culprits are more likely to flee).

But we haven’t seen anything to suggest who assaulted Sicknick badly enough to lead to his death.

The DNC and RNC bomber

On January 21, the FBI increased their reward for information leading to the guy believed to have planted pipe bombs at the DNC and RNC. But there’s no sign they’ve found the guy yet.

Rudy’s interlocutors

On January 15, Rudy Giuliani posted texts involving “James Sullivan” claiming he was going to blame the riot on “John,” that he had gotten “my agent out of trouble along with three other” Utahans, and mentioning “Kash.”

“John” is James’ brother, John Sullivan, someone long ago IDed by leftist activists as a provocateur who had been charged two days earlier. He was arrested on January 14, but bailed the next day.

“Kash,” is Kash Lee Kelly, whose parole officer IDed him at the scene. His bail in the gang-related drug conviction he was awaiting sentencing for in IL was revoked on January 14.

John Sullivan is the only Utahan that GWU identifies as being from Utah, meaning the three Utahans, in addition to James Sullivan, he claims to have gotten out of trouble thus far are (publicly at least) still not in trouble. No one yet arrested is identifiable as his “agent,” either.

That means, key people who might be a pivot between the rioters and Rudy Giuliani, who was coordinating events in Congress with an eye to how much time the rioters would give him, remain (again, publicly at least) at large.

There are around 73 sealed cases in the DC District, many of which probably having nothing to do with the January 6 insurrection and some of which are surely defendants already publicly charged whose cases have not yet been unsealed in the DC docket. The reasons for unsealing could vary — though the most common would be that someone hasn’t been arrested yet). Still, some of these sealed cases may be people who’ve already moved to cooperate.

Update, 2/1: I’ve updated the list of those charged with assault.