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The Johnsons — Daryl and Daniel — Plead Up to Civil Disorder

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There was a plea hearing yesterday that deserves more notice: father and son pair, Daryl and Daniel Johnson, pled guilty to civil disorder.

I believe it was the first straight civil disorder (18 USC 231) plea, though that’s only the beginning of my interest in the case. What’s more interesting is that, contrary to pleading down, from more serious charge to less serious, as normally happens, these men willingly pled up to the felony charge that can carry up to a five year sentence.

They were originally IDed by people they knew in the days after the riot and then, in March, it seems someone provided a more fulsome tip. Before they were arrested in June, the FBI had gotten Facebook warrants first for Daryl (in April) and Daniel (in May), which showed they adopted the Antifa cover story in the days after the riot.

Still, when they were arrested in June, they appeared to be nothing more than MAGA tourists — and that’s how they were charged via Information just days after their arrest. Aside from Daniel’s boasts that he was “one of the first” inside the building, there was nothing in their arrest materials that suggested their voyage through the Capitol was any more notable than hundreds of others.

In September, prosecutor Laura Hill got the standard discovery overload continuance. In October, Daryl’s attorney Thomas Abbenante was the one to ask for one. He cited “newly discovered” evidence that required further review.

The government has produced through discovery newly discovered evidence in this case that needs to be reviewed and evaluated by all parties.

Then shortly before Christmas, a superseding Information, this one a felony, was filed, indicating they would be pleading guilty but providing no explanation for how their case had become a felony. That’s pretty quick work on a plea agreement, though.

The explanation became apparent in yesterday’s plea colloquy, before Judge Dabney Friedrich. Then men were among the mob who pushed open the East Door from inside.

While inside the building, JOHNSON walked near the Memorial Door, climbed a flight of stairs to the second floor, and walked into the Rotunda. At 2:37 p.m., JOHNSON walked out of the Rotunda toward the East Rotunda doors, where he encountered a line of law enforcement officers. The officers were standing in front of the East Rotunda doors to prevent rioters outside of the building from entering. Along with a group of other rioters, JOHNSON and his son, Daniel Johnson, rushed the line of law enforcement officers and helped push through the officers and push open the East Rotunda doors, allowing rioters outside of the building to enter. JOHNSON was at or near the front of the group of rioters on the interior of the Capitol when the doors were opened. JOHNSON and his son, Daniel Johnson, remained inside the Capitol and climbed another flight of stairs to the third floor before exiting on the first floor at approximately 2:46 p.m.

That is, the Johnsons were players in one of the tactically most important events of the riot, the opening of a second front. And given the description of their actions that day, they seemed to be fairly intent on opening that second front. Only after that did they try to go to the Senate chamber. Their path appears not that different from George Tenney and Darrell Youngers, the guys who were the first to breach that second door, or Philip Grillo, one of the first to be charged with it.

It’s likely, though, that something more than newly discovered surveillance footage led to the Johnsons’ added charges. Their pleas have a deviation from the boilerplate. While the agreements include a requirement that the men cooperate before sentencing …

Your client agrees to allow law enforcement agents to conduct an interview of your client regarding the events in and around January 6, 2021, prior to sentencing.

That language doesn’t include the standard requirement that they also share their phone and social media. Obviously, the FBI had already gotten both their Facebook accounts before arrest. The FBI seems to have seen one or both men’s phones, which is standard for guys who took as much video as they did, but they still want to interview these guys before they’re sentenced in April.

(I wonder whether they found Signal texts of interest that changed their path as MAGA tourists.)

Whatever happened, their quick plea seems to have saved them further trouble; given their comments on social media, they might otherwise have been exposed to obstruction charges, which carries a 20 year sentence.

As I’ve said before, the government is very close to rolling out a description of what it took to — and the kinds of premeditation that went into — opening that second door. Daryl and Daniel’s quick plea appears to have helped them avoid being a bigger part of that story.

National Sickness: No Debate Allowed on Civilians Owning Weapons of War

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Three fatal mass shootings within three weeks should be providing an opportunity for a national conversation on civilians having easy access to semiautomatic weapons and high capacity clips that are designed for use in war. Two of the killers in these cases were known by family and/or medical personnel to be dealing with mental issues while the third had generated at least some attention from both government and private groups that monitor groups harboring violent extreme racist views. Despite these clear warning signs in the shooters’ backgrounds, all three legally purchased and possessed their weapons that were designed for wartime use.

Instead of the nation assessing what can be done to prevent weapons designed solely for killing large numbers of people getting into the hands of those who are most likely to put them to that use, we have major players in our society fanning some of the issues that contribute to the problem. Last week, Congressman Joe Walsh delivered a speech casting Muslims as dangerous extremists bent on killing:

“One thing I’m sure of is that there are people in this country – there is a radical strain of Islam in this country -– it’s not just over there –- trying to kill Americans every week. It is a real threat, and it is a threat that is much more at home now than it was after 9/11,” Walsh said.

Walsh went on to claim that radical Islam had found its way into the Chicago suburbs, including some that he represents.

“It’s here. It’s in Elk Grove. It’s in Addison. It’s in Elgin. It’s here,” he said.

Just a few days later, a man was arrested in nearby Morton Grove for firing at a mosque while people were inside praying. Fortunately, this time the shooter only used a pellet gun instead of a weapon of war, which could have led to yet another disaster.

Joe Walsh and other extremists in Congress like Michele Bachmann and Steve King happily spout their venom that fires up racists, but we also learned this week that the man behind the 2009 Department of Homeland Security report on right wing extremist groups capable of violence had his report repudiated and his team dissolved. He subsequently left DHS. Both Democracy Now and Danger Room have chronicled Johnson’s plight. Sadly, Johnson’s work was quite accurate when it came to the shooting at the Sikh temple. From Spencer Ackerman at Danger Room:

Daryl Johnson had a sinking feeling when he started seeing TV reports on Sunday about a shooting in a Wisconsin temple. “I told my wife, ‘This is likely a hate crime perpetrated by a white supremacist who may have had military experience,’” Johnson recalls. Read more →