Posts

Brandon Fellows Demands Positive Reinforcement as an Accused Criminal, Before Confessing to More Crimes

In a bond hearing yesterday, January 6er Brandon Fellows explained that he was on a mountain where he went to pray when the FBI came looking for him, but then his bus (in which he lived at the time) got stuck in a ditch. True or not, the claim is an apt metaphor for Fellows, who seems to be little more than a big-Trump narcissist stuck in a little-Trump life.

Fellows kept repeating a number of phrases to blame others for his woes in the hearing. “Not to throw anyone under a bus,” he’d say as he introduced some new claim about someone — all women as far as I could tell — who did him wrong. “It’s unfair,” he said over and over, as he offered some implausible excuse for why he was unable to meet release conditions that hundreds of other January 6 defendants, to say nothing of those prosecuted at disparate rates, could manage. He has made, “constant improvement,” in compliance with his release conditions he claimed, describing that by the time bail was revoked he was breaking fewer requirements at a lesser rate. He responds better to “positive reinforcement.”

Part way into the hearing, he even introduced that observation by citing what Fellows vaguely remembered was an article on Canada’s positive policing approach, and said he thought the US should adopt that approach. “I respond a lot more positively to positive reinforcement.”

He surely didn’t know it, but he was effectively adopting the goals of the Defund the Police movement, which he had seemed to attack in a partisan screed with which he launched his statements and returned to during his close. “January 6 has been a gaslighting tool by the opposition,” he said of an Administration supported by both the Electoral College and Popular Majority, though the claim seemed to arise from a belief there are two tribes in the US locked in combat. “I’m not like the Taliban and neither are other January 6ers.” He almost immediately moved on to ask to be treated like people sent to Gitmo since, he claimed, Joe Biden had freed all of them.

Along the way, though, Fellows admitted to virtually all the allegations that got his bail revoked. “Yeah, I did question [the pretrial service officers] rudely, are your hormones okay, disrespectfully,” he admitted. Yeah, he did call the mother of his pretrial services officer rather than the probation office.

Yes, he did indeed contact the wife of a judge presiding over a New York State case. He explained he was told there was a “loophole,” such that if a defendant had contact with a judge’s family, the judge had to recuse, resulting in a new judge taking the case. Fellows not only admitted doing that in New York, but he admitted he had proposed doing the same with Judge McFadden, only to have his then defense attorney, Cara Halverson, tell him that would get him arrested.  “You did not find a loophole, Brandon,” Fellows relayed what had been a privileged discussion,”I promise you, if you do this with Judge McFadden, you will be arrested.”

Sure enough, when McFadden announced his decision denying Fellows’ motion, the Trump appointee observed that it sounded like Fellows had obstructed justice in New York and had considered doing so in DC to disqualify him, McFadden.

After admitting to trying to game the process to pick his own judges, Fellows made a bigger mistake. He claimed, first, that he had a Tik Tok video proving — and later claimed there must be CCTV video not yet turned over to him showing — that a police officer had told him it was okay to enter the Capitol, so long as he “stopped at the statues.” In doing so, Fellows predictably opened himself to cross-examination about his actions on January 6.

On cross-examination, Mona Furst started and ended by getting him to accede that he had, in fact, committed the violations that had gotten his bail revoked, though most times, Fellows claimed that, “you’re missing lots of context” (citing things like his attempt to test the judge loophole and his inoperational phone), claiming that Furst was “lying by omission” every time she didn’t include his excuses for his own actions. After getting him to concede to virtually all the allegations that had gotten his bail revoked, Furst then turned to his claims he made about his arrest and the riot itself. The lawyer whose advice he claimed he followed when he wrapped his phone in tinfoil and put it on a candy rack next to the Kit Kats, was someone whose name he didn’t remember, who claimed to be a Constitutional lawyer and who had a radio show, his conversations with whom were filmed by a French film crew. Furst asked about his claimed jailhouse interactions with Zach Alam (the guy who broke the window through which Ashli Babbitt jumped) and whether Fellows was, in fact, claiming that Alam was Antifa. Furst got the name of Tighe Berry on the record, so she could compare Fellows’ claims about Berry’s serial Code Pink protests with the actual record.

Then Furst drilled down on Fellows’ claim that a cop told him he could enter the Capitol, so long as he didn’t go past the statues. After getting Fellows to describe precisely where he remembered that conversation happened, she then asked who told Fellows it was okay to climb into the Capitol through a broken window. Fellows responded by saying a longer camera angle would prove he was worried about going in. “What officer told you it was okay to climb in a broken window,” Furst persisted in response.

Furst closed her cross-examination by getting Fellows to, again, concede that the reason his bail had been revoked was that he missed a mental health appointment.

It was even worse than all that. Check out my live tweet for details of how Fellows attempted to call his former defense attorney, Halverson, to attest to his wishes to provide more of the excuses that he had in this hearing. Fellows made up some conspiracy theory about the CIPA filing he is getting, claiming that a National Security Advisor (really, an AUSA) was secretly charging him; McFadden assured Fellows that he had not gotten additional secret charges. Fellows admitted he cried when he got his GPS bracelet put on. He explained, “I smile because I don’t like to show my weaknesses.”

Predictably, Fellows even admitted that he thought it was a stupid decision to go pro se, but he felt at the time it would offer a way to get out of jail.

I did not want to go pro se. I feel like it was a stupid decision. I felt like I had to get out. A lot of ill treatment in jail [from people] who are not Jan 6ers. I would like opportunity to show the court, positive reinforcement, that I can follow the rules.

It was a stupid decision.

McFadden confirmed Furst’s contention that he had given Fellows this hearing even though he was not legally entitled to it, but that he had been permitted to do what, on afterthought, he had wanted to do earlier, testify. McFadden predictably denied Fellows’ motion to reconsider the bail determination, and established a record to note that he has detained defendants — naming Timothy Hale-Cusanelli — who (like Fellows) did not engage in violence on January 6. He described having given Fellows three chances to avoid jailing, which (McFadden claimed) he had never done before. Most importantly, McFadden mocked Fellows’ expressed preference for “positive reinforcement” and judged that Fellows had shown “contempt” to the criminal justice system and the court.

I understand it would have been nicer to get positive reinforcement. This is not community college. You’re facing serious felonies.

[snip]

You engaged in pattern that shows contempt to criminal justice system, to the court. I have no confidence you would follow my orders.

McFadden went on to opine that, in fact Fellows probably had obstructed justice in New York and considered doing so in this case.

The performance of Brandon Fellows yesterday exhibited every single one of Donald Trump’s worst traits. Consistently, he has tried to con his way both into and out of problems. When his own actions were described to be illegal or improper, he claimed it was fake news, and attacked others for failing to present his preferred “context.” And ultimately, he believed that if he could just tell his story himself, he’d be able to con his audience that he was just unfairly accused.

While McFadden has recognized how the January 6 attack has delegitimized democracy, he has also expressed a good deal of skepticism about the equity of the treatment of defendants as compared to other rioters. As he noted, he gave Fellows three chances to fuck up.

But McFadden also takes the authority of the court very, very seriously. And Brandon Fellows just made a mockery of it. This was an instance where McFadden saw, in his courtroom, how much bullshit is flying about January 6 and the aftermath.

Brandon Fellows Gets a CIPA Notice

In a truly curious development, Brandon Fellows — the guy on the left in the picture, who is currently accused only of obstruction and trespassing in the January 6 riot — just got a CIPA notice. The Classified Information Procedures Act provides a way for the government to prosecute people using classified information while limiting how much information must be shared with the defendant or made public. Effectively, the government gets to show the judge classified information and argue that it is not helpful to the defense or ask to substitute something more innocuous for the classified information to be used at trial.

It’s not yet clear what kind of classified information the government wants to use against Fellows.

But one thing I’ve been tracking is DOJ’s thus far fruitless attempt to figure out who stole Jeff Merkley’s laptop.

Fellows was one of the people who was in his office during the riot and his arrest affidavit mentions the laptop, but admits that at that point (in January) they had no evidence he stole it.

On January 6, 2021, a live stream video on the DLive platform was broadcasted to the public from user “Baked Alaska” and a portion was later posted on Twitter. In the video, several people were observed in an office that appeared to be within the Capitol. The video showed a person who appeared to be FELLOWS, sitting at a table with his feet propped up on a table, as shown in the still shot below. The chairs, table, drapes, and wall art appeared to be consistent with those in the office posted by Senator Merkley. The conference room in which FELLOWS is present appears to be Senate room S140, the private “hideaway” office of Senator Merkley within the U.S. Capitol. The artwork visible on the walls of the conference room in the video is also visible on a video that Senator Merkley posted to Twitter on January 6, 2021, at 11:36pm, documenting some of the damage to his office, as described above. At this time, there is no evidence that FELLOWS was involved in any of the theft, damage, or destruction – other than being a part of the group that occupied the office for some period of time.

Fellows’ discovery shows they obtained a Pen Register on him (which would allow the government to track his contacts). But it doesn’t show that he received what the guy with whom he was pictured with in Merkley’s office, Justin McAuliffe, received: a picture of the stolen laptop.

In a letter describing the discovery provided to McAuliffe, DOJ included a picture of Merkley’s stolen laptop, among other items.

Since I first started tracking this question — and all the defendants arrested because they were filming in Merkley’s office — in May, several more people who were in Merkley’s office have been arrested.

A (surely partial) list of those who were in Merkley’s office, with their arrest date and current status, includes:

  • Anthime Gionet (Baked Alaska): Arrested January 15, still charged (with just trespassing) on original arrest affidavit
  • Brandon Fellows (upstate NY): Arrested January 16, indicted (with obstruction) February 2, jailed for being an asshole to pre-trial services July 15
  • Justin McAuliffe (Long Island): Arrested January 28 and still charged on arrest affidavit, finalizing plea deal as soon as he recovers from a recent car accident
  • Zach Rehl (Philly): Arrested in the Proud Boys Leadership conspiracy indictment on March 19, charged with conspiracy to obstruct the vote count, among other crimes
  • Felipe Marquez (Miami): Arrested January 19 then later charged with obstruction, only to plead guilty to a misdemeanor on September 10
  • Karol Chwiesiuk (a cop from Chicago who did recon the night before the attack): Arrested June 11, still charged with just trespassing on original arrest affidavit
  • Anton Lunyk (NY): Arrested May 11, charged with trespassing on June 17
  • Antonio Ferrigno and Francis Connor (NY): Buddies of Lunyk arrested on trespass charges on August 31
  • Oliver Sarko (OH): Arrested April 30, still charged with just trespassing on original arrest affidavit
  • Jody Tagaris (FL): Arrested around May 14, charged with trespassing on May 19, change of plea scheduled for October 15
  • Gary Edwards (PA): Arrested May 4, charged with trespassing on May 18
  • Nathan Entrekin (the guy from AZ who dressed like Captain Moroni): Arrested July 15, still charged on original affidavit

Some of these people — like Entrekin and Edwards — were probably arrested to get to video they took, including of what happened in Merkley’s office. Gionet, too, took video, but I would be shocked if he weren’t eventually charged with (at least) obstruction. There’s three buddies from Brooklyn (Lunyk, Ferrigno, and Connor) who realized they were in trouble when they showed up in pictures with Gionet.

Fellows is currently the only one of these people charged with a felony, obstruction.

But given that people with ties to the far right who were in Nancy Pelosi’s office stole a laptop and offered it to Russia, I do wonder whether someone also tried to share Merkley’s laptop with Russia.

That’s the kind of thing that might require classified information to charge.

Update: h/t Eureka for reminding me Rehl was pictured smoking in Merkley’s office.

Update (9/10): I neglected to include Felipe Marquez in this list. He just pled guilty. I’ve added him.

Tucker Carlson and Glenn Greenwald Are Outraged that Bill Barr Set Up Antifa!!!! [Just Kidding]

You’ve no doubt seen the conspiracy theory championed by Tucker Carlson and Glenn Greenwald claiming that the unnamed Oath Keeper associates described in those indictments are actually FBI informants.


As happened with earlier propaganda campaigns (notably the one downplaying Brian Sicknick’s death), the conspiracy theory started with Revolver News, got magnified by Tucker Carlson, and got normalized by Glenn Greenwald (the latter of whose central role largely escaped attention because commentators don’t identify him, yet, as a right wing propagandist).In his first appearance, Carlson grotesquely accused Sharon Caldwell, who was described in later Oath Keeper documents as Person Two but was identified clearly in earlier documents by her first name and as Thomas Caldwell’s spouse, of being an informant who framed her husband.

Person Two and Person Three were organizers of the riot. The government knows who they are. But the government has not charged them. Why is that? You know why. They were almost certainly working for the FBI. So FBI operatives were organizing the attack on the Capitol on January 6, according to government documents. And those two are not alone! In all Revolver News reported there were, quote, “upwards of 20 unindicted co-conspirators in the Oath Keepers indictments, all playing various roles in the conspiracy, who have not been charged for virtually the exact same activities — and in some cases much, much more severe activities — as those named alongside them in indictments.”

Huh????

So it turns out that this white supremacist insurrection was, again, by the government’s own admission in these documents organized at least in part, by government agents.

This little campaign has led compromised members of Congress to embrace this excuse for the insurrection they previously have claimed was not an insurrection at all.


Thomas Caldwell’s wife, Sharon, is Person Two

To show that “Person Two,” whom Tucker Carlson alleges for framing Thomas Caldwell, is actually his wife, Sharon, you can compare this filing, where her name is not redacted, with this one, where “Person Two” has substituted for her name.

1. Sharon Caldwell is Thomas’ wife:

2. “Sharon and I are setting up shop there” (at the Comfort Inn Ballston) and then “Sharon and I are going our way.”

3. “Sharon was right with me!”

Later filings over release conditions confirm the selfies posted to Facebook were of Thomas’ wife, describe Thomas agreeing to be accompanied by his wife, Sharon, to Sunday Mass starting on Easter, expressing concern that his wife has to do all the chores on their 30-acre farm which has led to the loss of farm income, and describing that he rarely travels anywhere without his wife, Sharon Caldwell, and she’s willing to go with him every time he does leave their property.


Glenn and Tucker must be outraged that Billy Barr set up Antifa

Parts of this campaign are pathetic, even for the men involved, and may reflect a desperate attempt to repackage their own past claims.

For example, after parroting a bunch of obviously self-serving PR from Parler in the days after the attack (such as that the insurrectionists organized on Facebook, not Parler), Glenn now shows that Parler was actually sharing threats of violence with the FBI in advance, without noting that that undermines several things he said in the past, such as that the insurrectionists didn’t plan on Parler. This must be dizzying and embarrassing for Glenn.

And because Glenn has to package this — like he did his never-ending obsession with Hunter Biden’s laptop — as a failure of Democrats and liberal media, he remarkably claims that the left — which has so relentlessly asked why the FBI was caught unawares that Glenn even screen caps an example of Ryan Goodman linking to Carolyn Maloney doing so — is resistant to questioning the FBI’s role in the riot.

What accounts for this furious liberal #Resistance to questioning the FBI’s role in the January 6 riot and asking whether there are vital facts that are being concealed?

Maybe Glenn has a harder time getting CSPAN in Brazil than I do in Ireland, because when I’ve watched the multiple hearings Democratic Chairs of various committees (including Maloney) have had with FBI Director Chris Wray or now-National Security Branch EAD Jill Sanborn, they question the FBI about it over and over and over. Glenn literally made up this hash-tagged resistance out of thin air because he needs it to be true, when in fact the opposite is true.

But it’s important to look at what this propaganda campaign obscures.

Probably, this campaign got started because a number of people implicated in the investigation, now realizing that it won’t go away, are trying to absolve themselves of any responsibility. It has already happened with those charged for crimes committed on January 6. Dominic Pezzola suggested that a key witness against him was actually more involved in the riot than he was, only to learn he guessed wrong and that the government was going to invoke a terrorism enhancement with him. Similarly, top Proud Boys were hinting at challenges to the UCC-1 described in their indictment, before they grew conspicuously silent about it, as if they learned something that undercut such claims. [see update below]

The other reason people are talking about informants is that (FBI’s failure to respond notwithstanding) it’s not that far-fetched. Importantly, multiple Proud Boys have claimed to be informants, though Glenn only mentions Enrique Tarrio. Maybe that’s because the implication of the claims from the others leads to a place Glenn and Tucker don’t want to go. Of the four Proud Boys that Aram Rostom described as being FBI informants prior to January 6, three claimed to be sharing information about Antifa.

Reuters interviewed two Proud Boys members who spoke on the condition of anonymity about some members’ interactions with the FBI. Reuters also interviewed Proud Boys leader Enrique Tarrio, examined court records and interviewed sources close to the federal investigation.

The reporting showed:

– One Proud Boy left the group in December after telling other members he was cooperating with the FBI by providing information about Antifa, say Tarrio and two other Proud Boy sources. The former member, whom Reuters was unable to identify, insisted to group leaders that he had not revealed information about the Proud Boys, these people say.

– A second Proud Boy leader bragged in 2019 about sharing information with the FBI about Antifa, according to private chats leaked on social media. The chats’ authenticity was confirmed by a source familiar with the Proud Boys and the Jan. 6 case.

– A third Proud Boy leader, Joseph Biggs, who was indicted and charged with conspiracy in the January attack, has said in court papers he reported information to the FBI about Antifa for months. Reuters spoke to Biggs two days before the riot. In that interview, he said he had specific plans for Jan. 6, but declined to disclose them. But, he volunteered to Reuters in that call, he was willing to tell his FBI contact of his plans for the coming rally, if asked. Reuters wasn’t able to determine whether such a contact took place. [my emphasis]

What this suggests is not that the FBI set up the Proud Boys with paid informants, but the opposite: that under a President who “denounced” the Proud Boys by saying they should “Stand back and stand by,” and under an Attorney General who dismissed threats against a judge involving the Proud Boys as a technicality, the Proud Boys were viewed not as an equivalent (or greater) threat than Antifa, but instead were able to disguise their use of Antifa as a foil to sow violence by serving as informants against them.

If these three self-proclaimed informants are right (there’s good reason to doubt them), then it means under Bill Barr, the FBI was using informants not to set up the Proud Boys, but instead to set up Antifa.

If Tucker and Glenn were good faith actors and not paid propagandists, you would fully expect them to be outraged that the FBI set up Antifa.

Especially because of the possibility that the FBI didn’t take the Proud Boys threat seriously because (on top of being endorsed by the President and downplayed by the Attorney General), they prioritized investigating Antifa over investigating the Proud Boys. With that possibility in mind, read the framing of Glenn’s Substack post:

The original report, published by Revolver News and then amplified by Fox News’ Tucker Carlson, documented ample evidence of FBI infiltration of the three key groups at the center of the 1/6 investigation — the Oath Keepers, the Proud Boys, and the Three Percenters — and noted how many alleged riot leaders from these groups have not yet been indicted. While low-level protesters have been aggressively charged with major felonies and held without bail, many of the alleged plot leaders have thus far been shielded from charges.

The implications of these facts are obvious. It seems extremely likely that the FBI had numerous ways to know of any organized plots regarding the January 6 riot (just as the U.S. intelligence community, by its own admission, had ample advanced clues of the 9/11 attack but, according to their excuse, tragically failed to “connect the dots”).

[snip]

What would be shocking and strange is not if the FBI had embedded informants and other infiltrators in the groups planning the January 6 Capitol riot. What would be shocking and strange — bizarre and inexplicable — is if the FBI did not have those groups under tight control.

It is fucking insane that Glenn claims to be mystified by the possibility that a group endorsed in the President’s first Presidential debate and dismissed by the Attorney General would not get the proper scrutiny by the FBI. Trump very effectively punished people — especially at the FBI — for investigating entities close to him. And on September 29, 2020, Donald Trump made it quite clear the Proud Boys should get special treatment. That’s all the explanation you need. Though it is, indeed, reason for closer scrutiny, the kind of scrutiny that Democrats have been demanding, Glenn’s false claims to the contrary notwithstanding.

But if you want to raise the possibility that FBI had informants in the group, then the explanation may be equally as damning: That the FBI didn’t see January 6 coming because it was too busy treating Antifa as a terrorist threat.

Indeed, everything we know about the threat reporting on that day — which claimed the big risk of violence arose from the possibility of clashes between counter-protestors and right wing militias — suggests that may be what happened: that the FBI was looking the other way, possibly in conjunction with the militia that played a key role in planning the attack. That certainly accords with Acting Secretary of Defense Christopher Miller’s claim that Trump told him to use the National Guard to protect Trump supporters.

Since Glenn claims to be very familiar with the role of informants, surely he knows that multiple terrorists — definitely David Headley and allegedly Tamerlan Tsarnaev and Omar Mateen — have planned attacks under the cover of serving as informants (or in the case of Mateen, his father doing so). There were also at least two former FBI informants that played key parts in the Russian operation in 2016. The most logical answer to the questions that Glenn pretends to entertain is that the FBI didn’t look too closely at what Joe Biggs was planning (as part of a Kelly Meggs-brokered Florida alliance of militia groups with ties to Roger Stone), because they treated him as a credible source of reporting on Antifa.

The propaganda that goes unnoticed

The absurdity of accusing Sharon Caldwell of entrapping her spouse has, justifiably, gotten all the attention from this campaign.

But there’s a piece of propaganda that it incorporates — one parroted by Members of Congress — that deserves focus of its own: in framing his piece, Glenn not only claims that the plot leaders have been shielded from charges, he also states as fact that, “low-level protesters have been aggressively charged with major felonies and held without bail.”

While low-level protesters have been aggressively charged with major felonies and held without bail, many of the alleged plot leaders have thus far been shielded from charges.

In making this claim, Glenn is mindlessly parroting something that appears in the original Revolver piece.

The first category is the group of mostly harmless tourists who walked through already opened doors and already-removed barricades, and at most were guilty of minor trespassing charges and light property offenses. The second group consists of those who were violent with police officers, broke down barricades, smashed windows, belonged to a “militia” group engaged in military-style planning prior to the event, discussed transporting heavy weaponry, and so forth.

Up until now, the overwhelming (perhaps exclusive) share of counter-establishment reporting on 1/6 has focused on absolving the first group. And this is a valuable thing. The notion that these harmless “MAGA moms” wandering around the Capitol were domestic terrorists engaged in an insurrection is absurd. That many of these people are being held in prison, without bail, under harsh conditions, amounts to an unacceptable and outrageous abuse of basic human rights.

The only way to sustain a claim that “low-level protestors” have been charged with major felonies and held without bail is to claim that alleged plot leaders — people like Ethan Nordean, Joe Biggs, Billy Chrestman, and Kelly Meggs — were actually just protestors.

That’s because with perhaps two exceptions (people like Karl Dresch whose criminal records were cited as the reason for their detention), the only people who remain in jail are either those charged with planning the insurrection, or people who engaged in violence or came armed. And even many of those people were released. Just going in alphabetical order, Christopher Alberts brought a gun and a magazine to the insurrection but was released on bail. John Anderson is accused of assault but is out on bail. Richard Barnett, who entered Nancy Pelosi’s office with a high voltage stun gun, was initially jailed but has since been released. Bradley Bennett, whom the government argued went on the lam for weeks and destroyed his phone, got released on bail. Craig Bingert, involved in one of the conflicts with cops at a barricade, was released on bail. Gina Bisignano, accused of inciting violence and destruction with a bullhorn, was released on bail. Joshua Black, who was involved in confrontations with cops before heading to the Senate Chamber and said God ordered him to riot, was released on bail. James Breheny, an Oath Keeper who allegedly lied to the FBI and attended a key inter-militia planning event, is out on bail. Both men who brought zip ties to the Senate Chamber on the day of the riot, Eric Munchel and Larry Brock, are out on bail (and Brock isn’t even charged with a felony).

Even Brandon Fellows, charged with obstruction and present when Jeff Merkley’s office was trashed and laptop stolen, thus far remains out on bail, even after several bail violations.

Perhaps the only two people who remain in custody who weren’t either associated with a group being treated as a militia or involved in assault are Doug Jensen and Jacob Chansley. Both, though, played a kind of leadership role during the attack, both brought blades with them to the insurrection, both had direct confrontations with cops, and the government has argued (Jensen, Chansley) both exhibit the kind of fervor in their QAnon beliefs that pose a particular danger.

Given that QAnon had better success placing bodies where they were useful during the insurrection, I’m not sure it even makes sense to treat them differently than the more traditional militia.

Other than that, the men detained pre-trial are accused of leading the insurrection, precisely the people that this conspiracy theory falsely claims have been shielded from charges. Among the Proud Boys, Ethan Nordean, Joe Biggs, Charles Donohoe, Zack Rehl, and Kansas City cell leader Billy Chrestman remain jailed. Among the Oath Keepers, Kelly Meggs, Kenneth Harrelson, and Jessica Watkins remain jailed. All are accused of playing key leadership roles in the insurrection.

There were some questionable detention decisions early on. At this stage, however, there are no cases where people still detained are simply protestors on the wrong side of the law.

And yet even Glenn makes that false claim without any evidence.

Donald Trump’s FBI Director and Bill Barr’s hand-picked US Attorney called these defendants terrorists

There’s one more aspect of this conspiracy that is confounding.

Tucker Carlson and Glenn Greenwald suggest this is a Deep State plot to harm Trump and his supporters. Even Andrew McCarthy, who wrote a long and worthwhile piece debunking Tucker and Glenn’s conspiracies, nevertheless claims the prosecutorial decisions in this case reflect Democratic politicization.

Although Schaffer is plainly a member of the Oath Keepers conspiracy, the Biden Justice Department did not have him plead guilty to the conspiracy charge in the Oath Keepers indictment. That’s undoubtedly because, for the purposes of helping Democrats hype a white-supremacist terrorism narrative, the conspiracy charge is too minor. Although that charge has been portrayed by the media and the Justice Department as if it were a terrorism allegation, it actually involves a statute that criminalizes comparatively minor conspiracy offenses, fit for a maximum penalty of just five years’ imprisonment (with the possibility of no jail time at all).

So instead, DOJ had Schaffer plead guilty to a two-count criminal information, charging him with the substantive crimes of obstructing Congress and illegally carrying a dangerous weapon (bear spray) on restricted federal grounds. That allowed government officials to bray that Schaffer could be looking at 30 years in prison, which sure sounds a lot worse than five years. But it’s a feint. The 30-year level is just an aggregation of the maximum sentences prescribed by the two statutes in Schaffer’s guilty plea — i.e., the highest possible sentence that could potentially apply to anyone who violated these laws. The sentence a judge actually imposes within that 30-year range depends on the circumstances, with only the worst offenders getting the maximum sentence. Realistically, then, what matters in Schaffer’s case are the federal sentencing guidelines that apply specifically to him. In the plea agreement’s fine print, prosecutors concede that the guidelines call for a relatively paltry 41- to 51-month term, which may be reduced if his cooperation proves to be valuable.

I suspect that Schaffer is one of the unnamed, numbered “Persons” referred to in the Oath Keepers indictment.

[snip]

To be clear, Carlson is right that it is ridiculous for Attorney General Merrick Garland to portray the Capitol riot as if it were a terrorist attack and the people behind it as the most dangerous national-security threat we face. As noted above, the conspiracy allegation is not a terrorism charge: It carries a penalty of no more than five years. Carlson is right to point out that, despite the government’s and the media’s claims to the contrary, there is no indication that racism motivated the riot (the Oath Keepers, for example, are not a white-supremacist organization, and the indictment does not even hint that race had anything to do with January 6). Carlson is right that, even as congressional Democrats posture about the supposed need for a commission to fully expose the events of January 6, the government is withholding mounds of information — including the identity of the security official who killed rioter Ashli Babbitt, a concealment that would be unfathomable in a case where a police officer killed an African-American criminal suspect or a Black Lives Matter rioter. And Carlson was right to call out the ludicrous suggestion by Frank Figliuzzi, a former top FBI national-security official, that congressional Republicans who cynically supported Trump’s scheme to overturn the election result are the equivalent of a terrorist organization’s “command and control element.”

Christopher Wray — the FBI Director chosen by Donald Trump — has, from day one, called this a terrorist attack.

More importantly, the person leading this investigation for the first two months was the US Attorney Bill Barr installed with no input from Congress, Michael Sherwin. If Sherwin had his way, these people would be charged with seditious conspiracy. Under Sherwin, Proud Boy Dominic Pezzola’s crimes were labeled terrorism. Under Michael Sherwin, Jessica Watkins’ crimes were labeled terrorism. And while the Jon Schaffer cooperation agreement that McCarthy disdains was finalized after Sherwin left, signs of it were already evident before Sherwin left (note, McCarthy is probably wrong in his belief that Schaffer is one of the people identified thus far in the Oath Keepers conspiracy, and he misunderstands why prosecutors charged Schaffer like the did). A Sherwin-friendly article written after his departure quotes him stating these were not close cases (and also taking credit for making the bulk of the cases).

“These were not complicated cases,” Sherwin said of the Capitol breach probe. “What made these cases so unusual were the scope and scale of the crime,” reaching into almost every state in the country, including Florida.

Sherwin’s tour of duty as acting U.S. Attorney ended soon after the Biden administration took over the Justice Department. He was asked to stay on as the lead prosecutor in the Capitol breach probe, but Sherwin said it was time to move on after making the bulk of the cases in the investigation.

If you have a problem with the way this investigation unfolded, you have a problem not with Joe Biden’s DOJ, but instead with the guy Bill Barr installed into a politicized US Attorney role with no input from Congress.

Which may be why those who need to downplay the seriousness of the attack have instead resorted to baseless conspiracy theories.

Update: Because some dead-enders still don’t believe that Tucker Carlson has accused Sharon Caldwell of entrapping her husband Thomas, I’ve done an entire section showing how the same references to Person Two in a later filing show up as Thomas’ wife Sharon in an earlier one. I also describe all the efforts Sharon is making to keep her husband out of jail.

Update, July 25: Above, I noted that the Proud Boy leaders seem to have learned something that sated their curiosity about whether UCC-1 was an FBI informant. Indeed they did. At a recent hearing, one of the AUSAs on the case revealed that they had been provided this person’s identity and confirmation he was not an informant.

Several more relevant updates: First, Larry Brock has since been charged with obstruction, a felony, but remains out on bail. Doug Jensen, one of the last remaining people who wasn’t either a leader or charged with assault still being detained, was released on bail. Michael Curzio, one of just a few exceptions who got jailed because of past crimes, got released after serving a six month time served sentence for his misdemeanor trespass charge. Two non-violent defendants — Brandon Fellows and Thomas Robertson — have since had pretrial released revoked for violating their conditions.

Finally, the friend of former DEA officer Mark Ibrahim — who may himself serve as an FBI informant — not only debunked Ibrahim’s excuse for being at the insurrection, but made it clear that the FBI did not formally ask him to attend the event.

IBRAHIM said he went along with his friend, who had been asked by the FBI to document the event, and that he went along with his friend to assist with that effort.

Your affiant also interviewed IBRAHIM’s friend. According to the friend, IBRAHIM crafted this story about how his friend was at the Capitol to assist the FBI and that IBRAHIM was there helping him. IBRAHIM’s friend told your affiant that he was not there in any formal capacity for the FBI and that the FBI was not giving him directions or marching orders. He said that IBRAHIM crafted this story in an effort to “cover his ass.” According to IBRAHIM’s friend, IBRAHIM went to the rally in order to promote himself—IBRAHIM had been thinking about his next move after leaving the DEA and wanted the protests to be his stage for launching a “Liberty Tavern” political podcast and cigar brand.

Ibrahim, who brought another of the guns that Glenn claims no one brought to January 6 and displayed it publicly, is out on bail.

January 6: Focus on Jeff Merkley’s Office and Missing Laptop

Two days ago, I noted that discovery correspondence in the case of Long Island CPA Justin McAuliffe suggests he may know something about what happened to Jeff Merkley’s laptop, which was stolen during the riot. Merkley described the damage rioters had done to his office in this video.

In a letter describing the discovery provided to McAuliffe, DOJ included a picture of Merkley’s stolen laptop, among other items.

As I noted, McAuliffe has not been charged with theft or damage at all. He remains charged under his original complaint with just trespassing.

In the last two days, there have been several developments in the investigation of Merkley’s missing laptop.

First, on May 4, the government arrested a guy named Gary Edwards.

His arrest affidavit includes a picture of him in what the wall hangings, among other things, make clear is Merkley’s office.

Most pictures in his arrest affidavit (including this one) show Edwards using his phone. I have speculated in the past that DOJ is prioritizing the arrests of MAGA tourists — those otherwise charged with just misdemeanor trespassing — for evidence they may have on their cell phones, and Edwards may be such an example.

Also in the last few days, GWU made the April 30 arrest of Oliver Sarko public. His arrest affidavit describes that he entered Merkley’s office. The picture included shows that he was filming as he walked out.

Like Edwards, Sarko was arrested solely for trespassing, in another arrest that may serve to obtain key evidence about what happened in Merkley’s office.

More interesting still, the government moved to revoke the bail of Brandon Fellows. Fellows is the guy that McAuliffe’s arrest affidavit shows sitting next to McAuliffe at a table in Merkley’s office (Fellows is the guy with the fake beard; his own arrest affidavit includes a screen cap with Fellows at the table that doesn’t show McAuliffe).

Fellows’ arrest affidavit (unlike McAuliffe’s) notes that Merkley’s laptop was stolen, but it doesn’t charge him for the theft.

On January 6, 2021, a live stream video on the DLive platform was broadcasted to the public from user “Baked Alaska” and a portion was later posted on Twitter. In the video, several people were observed in an office that appeared to be within the Capitol. The video showed a person who appeared to be FELLOWS, sitting at a table with his feet propped up on a table, as shown in the still shot below. The chairs, table, drapes, and wall art appeared to be consistent with those in the office posted by Senator Merkley. The conference room in which FELLOWS is present appears to be Senate room S140, the private “hideaway” office of Senator Merkley within the U.S. Capitol. The artwork visible on the walls of the conference room in the video is also visible on a video that Senator Merkley posted to Twitter on January 6, 2021, at 11:36pm, documenting some of the damage to his office, as described above. At this time, there is no evidence that FELLOWS was involved in any of the theft, damage, or destruction – other than being a part of the group that occupied the office for some period of time.

According to the government’s motion to revoke bail, since the time Fellows has been out on bail, he has committed a range of small release violations, along with a more significant one: petty larceny.

The PSA’s May 5, 2021 report cites numerous violations to support the request to remove the defendant from their supervision. First, the report relayed two instances, on April 8, 2021, and May 1, 2021, in which the defendant failed to comply with his curfew 9:00 p.m. curfew. On both occasions, PSA had to contact the defendant, who gave excuses for his violations (Doc. 23 at 3-4). On the latter occasion, the defendant told the PSA officer that he had left a message that he was running late, however there was no record of such a message being left. (Id. At 5). Second, the report also alleges two violations of his failure to report to PSA as directed on April 9, and April 16, 2021 (Id. at 2). Third, the report indicates the defendant was given a ticket in New York for Petit Larceny (Misdemeanor), with an appearance date of May 12, 2021 (Id. at 3). As noted in the PSA report, defendant failed to report the arrest as required by his conditions of release. (Id.). After the defendant was arrested for the Petit Larceny he was issued an appearance ticket directing him to appear in Court for the offense. Similar to his initial arrest by the FBI in this matter, the defendant told the New York State police officer that he would meet the officer to be processed on March 8, 2021, but failed to show up. The defendant only turned himself in after the officer contacted him again on April 28th.

The larceny is just a misdemeanor. But Fellows’ arrest affidavit makes it clear the FBI thinks he might have stolen Merkley’s laptop (curiously, he’s one of the rare January 6 defendants for whom the government got a prospective location warrant, as well as a PRTT order to find out who he’d been talking with, though the former may have been because he was dicking around with self-reporting). And this motion to revoke bail suggests that while out on release under suspicion that he stole a laptop, he took something else, albeit far more minor.

Given that there are upwards of 300 people out on bail for charges related to January 6, I would imagine that Fellows is nowhere near the only one to have violated his release conditions (John Sullivan is the only one I can think of who was actually publicly reported for it).

But at a time when the government seems to be focusing closely on who stole Merkley’s laptop, they’ve decided it’s time to detain Fellows pending trial.

Update: After I posted this, GWU’s Seamus Hughes reminded me that Sarko’s arrest affidavit also included a reference to Merkley’s office. Thanks to him for the reminder.

Update: Because Judge Trevor McFadden held the hearing to consider bail revocation in person, the call-in line got bolloxed and as a result none of the press were able to hear McFadden’s reasons why he didn’t revoke Fellows’ bail, but he did not. He did, however, place him in home detention.