1/6 Insurrection Investigation

[Rick Plant]

Judge Kelly formally delays the Proud Boys trial that was set for May 18, citing the recent evidence gleaned from Enrique Tarrio’s phone and the unprecedented complexity of the Jan. 6 investigation.



Kelly disagreed with Nordean, who argued that the government has violated his speedy trial rights by repeatedly requesting delays. The judge said DOJ has acted with “reasonably diligence” in its effort to produce evidence/discovery to defendants.



In a separate order, Judge Kelly rejected Nordean’s motion to sever Tarrio and Pezzola from his case, a move he said would permit the May 18 trial to proceed. But Kelly rejected that too.





Here is the full text of the order to vacate the trial date: https://storage.courtlistener.com/recap/gov.uscourts.dcd.228300/gov.uscourts.dcd.228300.338.0.pdf

Here is the full text of the order denying motion to sever Tarrio/Pezzola:

[Rick Plant]

Jan. 6 defendant wants jurors to blame Trump, not him, for decision to breach Capitol

A man charged with breaching the Capitol on Jan. 6, 2021, told jurors Wednesday he believed he was following “presidential orders” to go inside the building and attempt to prevent Congress from finalizing the 2020 election.

Dustin Thompson — who is facing charges on attempting to obstruct Congress’ electoral vote-counting session, as well as for stealing a coat tree from a Capitol office — argues that then President Donald Trump’s apocalyptic rhetoric on Jan. 6, capping a monthslong campaign to convince supporters the election was stolen, drove him to join the mob that breached the building.

Once inside, Thompson participated in the ransacking of the Senate parliamentarian’s office, before stealing the coat tree and a bottle of liquor. But he said he viewed his actions as an extension of Trump’s demand that his supporters “stop the steal,” his false claim that the 2020 election was stolen by Democrats.

“We’re going to lose our country today if we don’t put a stop to these election results,” Thompson said he thought as Trump addressed supporters on the morning of Jan. 6.

Thompson, who took the stand in his own defense, admitted he broke multiple laws in service of overturning the 2020 election but said he wanted jurors to acquit him because he believed he was acting on Trump’s orders. He spoke in a hushed, sheepish tone, his lawyer repeatedly asking him to speak up so the jury could hear him.

Thompson’s strategy is the first time jurors are being squarely presented with a claim that Trump inspired and caused rioters to take violent action in support of his effort to overturn the election. Though dozens of defendants have argued in court filings that they believed Trump had authorized the assault on the Capitol, judges have largely rejected that contention and said rioters should be held to account for their own actions. But whether a jury sees that argument differently will be an important test that could reverberate across hundreds of other cases.

Thompson and his wife, Sarah, who also testified on his behalf Wednesday, described Thompson’s yearlong descent into conspiracy theories. They said he lost his job in March 2020 and began consuming increasing amounts of pro-Trump conspiracy theories online. He chose to travel to Washington in response to Trump’s call, he said, and believed Trump intended to march with the crowd to the Capitol.

Already, the question of whether Trump conspired to obstruct Congress’ Jan. 6 session — the last step by lawmakers in the transfer of power from Trump to President Joe Biden — has been the subject of legal scrutiny. Trump is facing multiple lawsuits alleging he bears responsibility for the violence that sent Congress fleeing for safety and resulted in several deaths and more than 140 police officers being injured. A federal judge in California recently ruled that evidence gathered by congressional investigators supports the likelihood that Trump conspired to commit felony obstruction of Congress.

But whether a jury believes that Trump’s role effectively removes the criminal liability of members of the mob is another story.

Prosecutors urged jurors to reject Thompson’s narrative, repeatedly emphasizing that Thompson, 38, made his own choices to enter the Capitol, walk past police officers under attack and steal the items he’s charged with taking. Assistant U.S. Attorney William Dreher repeatedly pushed Thompson to acknowledge that he made his own decisions that day, including to enter the Capitol and to remain there for hours. He also chose to flee from police when they began to query him about the coat tree.

Prior to Thompson’s testimony, prosecutors walked jurors through a painstaking array of video evidence of the Capitol breach and the officers who struggled to contain the chaos. They showed Thompson’s participation in the breach of the parliamentarian’s office. They also showed text messages between Thompson, his wife and a co-defendant, Robert Lyon, who previously pleaded guilty.

“I’m taking our country back,” Thompson said in one of the texts, after his wife had messaged him a screenshot of Trump’s video telling rioters to go home.

Defense lawyers also used Sarah Thompson’s testimony to help characterize Thompson as slowly becoming radicalized by Trump and conspiracy-oriented news sources. She said she was a Democrat who supported Joe Biden, Barack Obama and Hillary Clinton in their bids for the presidency. Sarah Thompson described her husband as holding moderate and libertarian political views but said he gravitated toward Trump in 2016, veering notably to the right. But she said she supported Thompson’s right to protest and helped him arrange his travel.

Under cross-examination, she described her husband as “very smart,” a point prosecutors emphasized to suggest he was capable of making his own choices.

The trial also featured testimony from multiple Capitol police officers, including Ronald Lucarino, who described pushing against members of the crowd as they entered the building through shattered windows and doors. And he said he distinctly remembered feeling “the butts of guns” in some of their waistbands.

Dustin Thompson’s attorney, Samuel Shamansky, asked the officers who testified, some of whom served in the department throughout multiple presidencies, whether any previous president had organized a rally and march intended to interrupt the transfer of power. All uniformly said they had not. Shamansky characterized the mob as acting with “one concreted purpose,” which he said was to “defile and disrupt” the transition of power.

Shamansky asked Lucarino — who pushed back on the mob after it breached Capitol hallways — whether the phrase “fight like hell” would characterize the rioters he encountered, a reference to Trump’s remarks that morning.

“Absolutely,” Lucarino replied.

https://www.politico.com/news/2022/04/13/january-6-defendant-donald-trump-00025019

[Rick Plant]

Judge blasts ‘charlatan’ Trump after MAGA rioter Dustin Thompson convicted on all counts



Capitol rioter Dustin Thompson was convicted on all counts after a jury rejected his argument attempting to blame former President Donald Trump for inciting his misconduct.

"Jan. 6 defendant Dustin Thompson GUILTY on all charges. including felony obstruction of Congress," Politico's Kyle Cheney reported.

Cheney said that Judge Reggie Walton went "on a tear about Jan. 6 and Trump" following the verdict.

"I think our democracy is in trouble because unfortunately we have charlatans like our former president who doesn't in my view really care about democracy but only about power," Walton said.

Walton detained Thompson pending sentencing.

"If somebody is weak-minded enough to buy in on what was being said and then come all the way from Ohio … and even doing it gleefully, I just have my real concerns about him," the judge explained. "The inevitable reality is that whether he does time now or does time later, he’s got to do time," Walton said just before ordering him held.

Cheney noted this was the third conviction in a trial that has gone to a jury.

"Prosecutors are now three for three in Jan. 6 jury trials, winning convictions on every charge," Cheney reported. "They've had less success in two bench trials before Judge McFadden, who has been an outlier in these cases."

Sam Shamansky, Thompson's attorney, told MSNBC on Wednesday that Trump "cajoled, groomed and directed" the capitol rioters.

Watch:

[Rick Plant]

Proud Boy who flipped is a game-changer for investigators going 'up the chain' after Jan. 6 organizers



In an interview with Vice News, two former prosecutors explained the importance of a key member of the Proud Boys taking a plea deal in exchange for providing more information about lead-up to the Jan. 6 insurrection, saying it's a game-changer for investigators.

Last week, 34-year-old Charles Donohoe became the first Proud Boys leader to plead guilty with regard to charges of conspiracy to obstruct an official proceeding and assaulting an officer, and he agreed to cooperate in exchange for a lighter sentence.

According to former U.S. Attorney Barbara McQuade who oversaw the Eastern District of Michigan from 2010 to 2017, Donohoe's plea deal is "a significant development in the case against the Proud Boys defendants."

To date, investigators were putting their case together based upon texts and online communications, but having a higher-ranking Proud Boys member providing details will make additional prosecutions easier.

“His agreement to cooperate means that any trial against other Proud Boys members will include his testimony, which will be important evidence for the prosecution," McQuade explained before adding his cooperation might "signal his ability to provide information up the chain to organizers and leaders who planned the attack.”

“We are learning that the attack on the Capitol was not a spontaneous event for all participants, but instead was planned by at least two groups, the Proud Boys and the Oath Keepers,” McQuade elaborated. “Investigators will want to know how high up that planning and coordination went.”

According to Vice's Tess Owens, "Court documents filed in the case so far reveal that prosecutors planned to rely heavily on group chats between the alleged conspirators in the weeks running up to the riot, as well as video evidence from the day itself."

According to Fordham law professor Bruce Green, "From the prosecutors point of view, they have a witness who is likely to be quite credible, who can put the pieces together in a way that is much more compelling than if they were just dealing with communications."

"In a statement of offense signed by Donohoe, he claimed he was heavily involved in exclusive planning chats in the weeks running up to Jan. 6. He said that Tarrio recruited him around Dec. 20, 2020, to join a special new leadership chapter of the Proud Boys called the Ministry of Self Defense (MOSD)," Vice is reporting." Donohoe recalled that he was 'privileged' to be included in this group and was invited into a group chat on an encrypted messaging app that included Tarrio, Ethan Nordean, Joseph Biggs and Zachary Rehl —all high-profile Proud Boy leaders who are now his co-defendants."

Vice's Owens added, "Under the terms of Donohoe’s deal, he’s looking at around six years in prison (including the year he’s already served in jail). Without that deal, he’d be facing a maximum sentence of 20 years in prison for the conspiracy to obstruct an official proceeding, and a maximum of three years for assaulting, resisting or impeding law enforcement officers."

You can read more here: https://www.vice.com/en/article/g5qeq9/proud-boy-flipped-cases-january-6

[Rick Plant]

West Virginia man pleading to Jan. 6 charge fell in behind Proud Boys now in conspiracy case



The purported leader of the Proud Boys in West Virginia came into contact with many of the loosely-knit, right-wing group’s leaders during the Jan. 6 insurrection, according to documents filed in his case.

Jeffery Finley of Martinsburg pleaded guilty this month to a federal charge of entering a restricted building because he was among the crowd surging into the U.S. Capitol.

His plea could result in a maximum of one year in prison, a fine of $100,000 and supervised release of no more than a year. He’ll also have to pay a fine of $500, determined to be his share of about $1,495 million in damage to the Capitol.

Hundreds of people now face charges from the breach of the U.S. Capitol on Jan. 6.

A mob storming the U.S. Capitol that day disrupted the constitutional duty of counting Electoral College votes and prompted the evacuations of representatives, senators and Vice President Mike Pence. One woman was fatally shot while trying to climb into the chambers, three others died from “medical emergencies” and more than 100 police officers were injured.

Finley's statement of offense identifies him as “president of a West Virginia chapter of the Proud Boys.” The court filing goes on to specify “each chapter is anonymous, and as president of his chapter Finley was the highest ranking of his men.”

Four higher-profile members of the Proud Boys have been charged with conspiracy. They are alleged to have worked together to obstruct the congressional certification of Joe Biden’s Electoral College victory, including through encrypted messaging.

One of the encrypted message threads was called “Boots on the Ground.” About 60 people were in the message thread, including the four Proud Boys charged with conspiracy. Another was the West Virginia resident, Finley, according to his charging documents.

Finley joined the “Boots on the Ground” message thread about 1:30 p.m. Jan. 5, 2021, according to the statement of offense in his case.

On the morning of Jan. 6, he met up at the Washington Monument with members of the Proud Boys from his chapter and other chapters across the country.

As the day went on, Finley encountered some of the Proud Boys now at the center of federal conspiracy charges.

Among them were Ethan Nordean, Joseph Biggs and Zachary Rehl.

A fourth, Charles Donohoe, was seen from a distance. Donahoe pleaded guilty this month in federal court: “Donohoe believed that storming the Capitol would achieve the group’s goal of stopping the government from carrying out the transfer of presidential power. Donohoe understood from discussions that the Proud Boys would pursue their objective through the use of force and violence.”

Ethan Nordean

Finley followed Proud Boys leaders as they left the Washington Monument and marched on the National Mall toward the U.S. Capitol, according to the federal court documents. Among the group, Finley recognized a Proud Boy named Ethan Nordean, known as “Rufio,” leading the march.

Nordean, a resident of the State of Washington, is one of the Proud Boys now charged with conspiracy.

After the 2021 presidential election, that Nov. 27, Nordean posted on social media a call to action.

“We tried playing nice and by the rules, now you will deal with the monster you created. The spirit of 1776 has resurfaced nd has created groups like the Proudboys and we will not be extinguished. We will grow like the flame that fuels us and spread like love that guides us. We are unstoppable, unrelenting and now unforgiving. Good luck to all you traitors of this country we so deeply love… you’re going to need it.

Over more than two hours on Jan. 6, Finley marched with the group to the east side of the Capitol and then back to the west side. During that time, his statement of offense indicates, Finley saw Nordean break off from the group to talk to a small group of other Proud Boys leaders, including Joe Biggs, Zachary Rehl, and Charles Donohoe.

Nordean and Biggs directed the group to the Peace Circle near the Capitol grounds.

In late-January, 2021, after Nordean had been charged in the Capitol riot, he posted a bitter message about President Donald Trump. The message was entered into evidence by federal prosecutors.

“I’ve followed this guy for 4 years and given everything and lost it all. Yes he woke us up, but he led us to believe some great justice was upon us…and it never happened,” Nordean wrote on Jan. 20, after Proud Boys members were charged, “now I’ve got some of my good friends and myself facing jail time cuz we followed this guys lead and never questioned it.”

Joe Biggs

As members of the Proud Boys approached a barricaded area at the pedestrian entrance to the Capitol, Finley saw a leader from Florida, Joe Biggs, lead the crowd in chants: “Whose house? Our house!” and “Whose Capitol? Our Capitol!”

According to the federal documents, Finley witnessed someone in the crowd start to tear down the barricades.

The man, Ryan Samsel, has alleged that Biggs pressured him to start pushing down the barricades.

Biggs is among the Proud Boys charged with conspiracy. Leading up to Jan. 6, Biggs had advised Proud Boys to abandon their usual black-and-yellow clothing to blend in. “Jan 6th is gonna be epic,” he wrote on a social media site.

The crowd, including members of the Proud Boys, began rushing forward. “To Finley, there appeared to be a coordinated effort to pull the barricades apart,” according to the statement of offense.

Members of the Proud Boys, still led by Nordean, began moving more barricades, overran law enforcement and went up the stairs to the upper west terrace.

Zach Rehl

Finley followed the crowd and saw Zach Rehl, leader of the Proud Boys in Philadelphia. Rehl is among the Proud Boys charged with conspiracy.Finley knew him as “Captain Trump.”

On the terrace, Finley heard Rehl and others from his chapter discussing what was going on inside the Capitol. Rehl then asked the group, including Finley, whether they wanted to go inside, according to Finley’s statement of offense.

Finley entered through the Senate wing door about 2:55 p.m., following Rehl and some of his group into the building. “While doing so,” according to the statement of offense, “Finley understood that law enforcement did not want people to go inside the Capitol.”

Inside, Finley lost sight of Rehl and the others. Finley took a selfie at the door to an office, left the building and then left the Capitol grounds.

About 5 p.m., Finley posted a video message to the encrypted “Boots on the Ground” app and, in part, addressed Rehl as “Captain Trump.”

"I just got out myself, dude, I was in there, you know, [expletive] taking pictures with the boys. Yo, Captain “Trump. proud of your [expletive] boy.”

Finley continued by describing security outside the Capitol: “We literally can’t get back in. [Expletive} crazy, crazy, crazy lockdown. If you guys come out, you’re not getting back in. That’s 100%”

https://wvmetronews.com/2022/04/17/west-virginia-man-pleading-to-jan-6-charge-fell-in-behind-proud-boys-now-in-conspiracy-case/

[Rick Plant]

GOP's Ronny Jackson may have been communicating with Oath Keepers during Jan. 6 riot: court documents



Rep. Ronny Jackson (R-TX) may have been in contact with Oath Keepers members during the Jan. 6, 2021, attack on the U.S. Capitol.

A newly released trove of text messages shows members of the right-wing militia discussing security for some top Donald Trump allies ahead of the congressional certification of Joe Biden's election win, and Oath Keepers co-founder Stewart Rhodes asked an associate for Jackson's cell phone number, reported Politico.

“Dr. Ronnie Jackson — on the move," wrote an unidentified person. "Needs protection. If anyone inside cover him. He has critical data to protect."

“Help with what?” Rhodes replied. “Give him my cell.”

A spokesperson for Jackson, who had served as White House physician to Trump and his two immediate predecessors, did not respond to request for comment.

Kelly Meggs, an Oath Keepers member among six indicted on seditious conspiracy charges, mentioned on Jan. 3, 2021, that allies had discussed militia members “on the call with congressmen” and “wanted to say thank you all for providing and protecting us.”

https://twitter.com/hugolowell/status/1516236408259756033

[Rick Plant]

Kimberly Guilfoyle meets with the Jan. 6 committee — and this time she cooperated: report

On Monday, Donald Trump Jr.'s fiancé Kimberly Guilfoyle spoke with the House Select Committee investigating the Jan. 6 attack on the U.S. Capitol. The Daily Mail posted photos of Guilfoyle as she entered the O'Neill House Office Building.

Guilfoyle gave deposition to the House committee after being subpoenaed for the information related to her work on former President Donald Trump's 2020 campaign and in the lead up to Jan. 6. Guilfoyle was also in the VIP holding area with the president ahead of his speech to the rally crowd on Jan. 6 at the Ellipse.

Earlier this year, she was asked to deliver information during a phone call with the committee but hung up after she realized there were Democrats involved in the preliminary questioning.

But as of Monday, she is cooperating again.

"Guilfoyle, under threat of subpoena, agreed to meet exclusively with counsel for the select committee in a good faith effort to provide true and relevant evidence," a statement read from her attorney, Joseph Tacopina, during the first attempt at interviewing Guilfoyle. "However, upon Guilfoyle's attendance, the committee revealed its untrustworthiness, as members notorious for leaking information appeared."

Tacopina claimed that the hearing was "hijacked" because the committee members participated in the call.

According to the committee's chair, Rep. Bennie Thompson (D-MS), Guilfoyle "apparently played a key role organizing and raising funds for that event."

Read the full report:

https://www.dailymail.co.uk/news/article-10728461/Kimberly-Guilfoyle-arrives-federal-office-building-Washington-meet-Jan-6-committee.html