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Two Months after Insinuating Ali Alexander Should Be Held Responsible for January 6, Jonathan Moseley Claims To Be His Lawyer

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Like Mark Meadows and John Eastman before him, Ali Alexander has sued Verizon in an attempt to keep evidence about a coup out of the hands of Congress.

The lawsuit seems significantly intended to provide information to others involved in the coup, both by identifying which texts Alexander shared with Congress and which (by omission) he did not, but also by communicating that everything he did provide to Congress constituted telephony communication. That seems to suggest that Alexander did not share any communications involving Signal, Telegram, or other messaging apps.

On November 24, 2021, Mr. Alexander provided the Select Committee with over one thousand and five hundred (1,500) mobile messages sent and received by him and people he corresponded with. All of these were using his Verizon phone service. Mr. Alexander expressed his concerns to the Select Committee about compromising the privacy rights of uninterested parties, and members of political group(s), and productions that exceeded the scope of H. Res. 503.

More importantly, Alexander provided the Select Committee with a privilege log of his text messages noting where the subject matter of the text was not pertinent to the Committee’s scope of inquiry or otherwise privileged but did not identify the party or the phone number of the sender or recipient of the text unless it was Mr. Alexander.

[snip]

At Alexander’s December 9, 2021 deposition, he testified that he had a few phone conversations with Representative Paul Gosar and no verbal phone conversations with Representatives Andy Biggs or Mo Brooks that he recalls. The Select Committee asked him about all three Members of Congress. Mr. Alexander testified that he had phone conversations with Rep. Brooks’ staff about a “Dear Colleague” letter and how his activists could be helpful. Mr. Alexander believes he exchanged a text message with Rep. Brooks, contents which he provided to the Committee. He also testified that he spoke to Rep. Biggs in person and never by phone, to the best of his recollection. In January, Mr. Alexander held an organizing call where Members of Congress might have been present and some were invited. He doesn’t recall who was in attendance because there was no roll call of attendees because the call was so large.

On January 6, 2021, it was reported that Mr. Alexander had a call with fundraiser Ms. Kimberly Guilfoyle. Mr. Alexander volunteered this information on a radio show that early morning. The Select Committee asked him about this call. He stated that it was a short and pleasant call. Ms. Guilfoyle thanked Mr. Alexander for being a leader on voting rights and creating the “Stop the Steal” movement. The two spoke about the ongoing Georgia election and the GOP primaries that would take place in 2022. The Select Committee seemed satisfied with Alexander’s explanation of that short call.

The more remarkable part of the lawsuit, however, is his legal team.

As I previously noted, Alexander is represented by Paul Kamenar, the lawyer who played a key role in attempting to cover-up Roger Stone’s role in coordinating with Russia in 2016 by delaying the testimony of Stone’s aide, Andrew Miller. Alexander had at least two other lawyers at his deposition last week, including Baron Coleman and Joseph McBride, who recently told Ryan Reilly (in regards to his representation of a different January 6 defendant) that he doesn’t give a shit about spreading bullshit conspiracy theories.

But as HuffPost went into more detail explaining why the idea that Rally Runner was some sort of undercover law enforcement agent was absurd, McBride shifted a bit. He said his job was to defend his client, and he didn’t “need to be right” in everything he claimed.

“If I’m wrong, so be it, bro. I don’t care,” McBride said. “I don’t give a shit about being wrong.”

McBride said he was simply “theorizing things” and “not publishing conclusive findings,” and he said his appearances on Carlson’s show were a part of his effort to combat the narrative being given about his Jan. 6 clients.

“If this guy turns out to be some, some guy who runs around the Cardinals’ stadium with his face painted, then that’s great,” he said. “If that’s the truth, then so be it, and God bless America.”

McBride is not on Alexander’s lawsuit, though Kamenar — Alexander’s Roger Stone cover-up specialist — is (Kamenar cc’ed Coleman on the letter he sent to Verizon alerting him to this suit).

The surprising appearance, however, is from Jonathon Moseley. Moseley currently represents Kelly Meggs — one of the Oath Keepers with ties to Roger Stone — and until Tuesday, also represented Zach Rehl, one of the Proud Boys accused of conspiring with Stone associate Joe Biggs to mastermind an attack that encircled the Capitol and involved Stone associate Alex Jones, using the excuse of permits obtained using covers by Alexander, luring unwitting Trump fans to the East doors just before they opened from inside.

Moseley’s legal promiscuity among these coup plotters is itself notable.

Crazier still is his claim to be representing Alexander just over two months after — back when he was ostensibly representing Rehl — filing a motion suggesting that Alexander (whom he repeatedly called “Ari”), not Rehl, should be the one held accountable for any crimes arising from the riot.

The one person who claims to have been the National Organizer of the “Stop the Steal movement” through events across the country and the “Stop the Steal rally” in Washington, D.C., is Ali Alexander, born Ali Abdul-Razaq Akbar. See Allam, Hannah; Nakhlawi, Razzan (May 16, 2021). “Black, Brown and extremist: Across the far-right spectrum, people of color play a more visible role”. The Washington Post, accessible at: https://www.washingtonpost.com/national-security/minorities-far-right-visiblerole/2021/05/16/e7ba8338-a915-11eb-8c1a-56f0cb4ff3b5_story.html

The mob that stormed the U.S. Capitol on Jan. 6 was overwhelmingly White,1 but the official speaker lineup for the rally that day was more diverse. Vernon Jones, a Black former Georgia state lawmaker, and Katrina Pierson, a Black adviser and former spokeswoman for the Trump campaign, were among the speakers parroting the baseless assertion that the 2020 election was stolen from Trump. Another familiar face was main rally organizer Ali Alexander, born in Texas as Ali Abdul-Razaq Akbar, of mixed Black American and Middle Eastern descent.

Id. (emphasis added).

Ari [sic] Alexander is – as far as Defendant Zachary Rehl knows – entirely innocent of the crimes committed on January 6, 2021. Surely, the FBI is busy identifying and charging those who actually attacked police officers. We are confident that the FBI will complete that important task of bringing to justice those who actually battled with police before silencing parents who are petitioning for the redress of grievances in school board meetings, thus alienating suburban mothers.

However, without undermining Alexander for exercising his rights as a citizen, the one person who CLAIMS credit for organizing the “Stop the Steal” rally and movement including in Washington, D.C. on January 6, 2021, 2 is being basically ignored while Zachary Rehl who DID NOT organize anyone or anything but himself, and tell his friends that he would be there, too, is sitting in a jail cell for things he did not do. Zachary Rehl did not get to see his child being born while being locked up since March. His wife with a newborn is struggling arrange a forbearance on the mortgage on their modest rowhouse.

See, video interview with Ali Alexander, with Jenny Chang, “Ali Alexander on What Will Happen on January 6,” NTD News, December 31, 202[sic], https://www.ntd.com/ali-alexander-on-what-will-happen-on-january-6_547084.html. Ari [sic] Alexander is presented as the “National Organizer of ‘Stop the Steal.’

Without question, some idiots and brawlers also showed up who committed criminal acts of brawling with police, apparently initiated violent assaults on police, and reportedly (though counsel has not seen it directly) there were calls before the rally that were for a variety of violent acts that are not peacefully expressing a message under the First Amendment. [all emphasis Moseley’s]

Even ignoring the overt racism suggesting that one of the few brown people involved in the riot should be the one held accountable for it, Moseley as much as says that Alexander more responsible than Rehl for any violence that happened.

Now, Moseley claims it will badly harm Alexander if Congress learns even just the phone numbers of people Alexander engaged in telephony communications with.

It has long seemed as if there was a concerted effort to ensure certain January 6 defendants receive the kind of representation that might not protect their own interests, but would firewall those they had close ties to. But Moseley’s sudden conversion to representing Alexander strains credulity.

3 Things: Memory, Memory, the 6th of January

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[NB: Check the byline, thanks. /~Rayne]

Next week the UK observes another Guy Fawkes Day, the anniversary of the failed assassination in 1605 of King James I, his privy council, and the House of Lords. Children used to recite a rhyme to commemorate the day:

Remember, Remember the 5th of November, Gunpowder, Treason and Plot

The U.S. has now survived its own Guy Fawkes Day; members of Congress, the Vice President and Vice President-elect were sheltered from a mob of insurrectionists who had been incited to rebel and obstruct congressional proceedings.

Unlike Guy Fawkes and his fellow conspirators, the conspirators and insurrectionists who temporarily disrupted Congress on January 6 and who continue their seditionist schemes will not be hung, drawn, and quartered if prosecuted and found guilty.

~ 3 ~

Marcy’s crunching away on some January 6-related posts right now, but we could use some fresh thread to tide us over to discuss recent developments related to the insurrection.

Let’s start with the unexpected heroics of the National Archives and Records Administration (NARA) which disclosed in a very early Saturday morning court filing that Donald Trump was trying to block release of 750 documents out of 1600 identified and requested by the House’s January 6 commission during its investigation — documents over which Joe Biden as the current president chose not to exert privilege.

The commission also filed a brief supporting its position that Trump as the former president does not have the authority to claim executive privilege over Trump administration documents sought by the commission.

You’ve likely read POLITICO’s report — the tl;dr version is Kyle Cheney’s Twitter thread describing NARA’s filing.

What boggles the mind is how Trump has tipped his hand as to which documents are most damning.

The cherry on top is NARA’s filing which details Steve Bannon’s role in the seditious conspiracy to incite rebellion and insurrection. Ryan Goodlaw at Lawfare wielded a highlighter for us:

Oh my. That’s just so good. It’s payback by NARA for all the crappy additional work they’ve had to do to archive the history of the Trump administration — all those tedious reconstructions of papers Trump had a nasty habit of shredding into confetti now coming home to roost.

~ 2 ~

Now add the claim reported today in Salon that Michael Flynn may have conspired to extort performance from Pennsylvania GOP elected officials in order to reseat Trump in the White House. U.S. Senate candidate for Pennsylvania, Everett Stern, who owns and operates a private intelligence company, had been contacted by persons associated with Flynn’s effort.

Stern says he’s shared information about the approach and related communications with the feds.

What’s deeply concerning about this plot is the possible involvement of foreign entities:

… Because of his intelligence background, Stern claims at least two people representing a Flynn-linked group called “Patriot Caucus” approached him earlier this year after a speech with an offer to hire his firm to gather “dirt” on officials and recruit others to assist in the plot. At one point, one of the men allegedly told Stern that they had retained the services of active intelligence officials “both domestic and foreign.” …

This sounds very much like something Flynn would do based on his past record of involvement with foreign agents.

Stern was also encouraged to achieve the ends desired using violence if necessary — “accomplish the mission even if you have to use domestic terrorism” — which he found very disturbing.

He’s recorded a YouTube video statement which sounds awkward and uncomfortable, and yet he sounds wholly legitimate in his concerns about the situation, including the lawyer for one of the intelligence targets.

Assuming Stern’s claims all check out, one might wonder if it was Bannon who set Flynn on this plot given Bannon’s relationships in PA.

UPDATE: Scott Stedman at ForensicNews tweeted Stern’s a serial fabricator. I guess we’ll let the feds sort that out. Have to ask yourself why a GOP candidate would commit political suicide with their own party and trash the cred of their private intelligence business at the same time while potentially risking federal charges for false statements.

~ 1 ~

Bannon appears to have played a more direct role in lead-up to the January 6 insurrection, along with working relationships to state-level contacts; Flynn may have been/may still be pressuring states’ elected officials using extortive tactics…

Does John Eastman’s ongoing involvement with state legislators complement their efforts?

It already looks like Eastman’s activities on and before January 6 complemented the activities Bannon and Flynn set in motion with their incitement intended to terrorize both Congress and VP Pence:

Sure would be nice to know if Bannon, Flynn, and Eastman had some overlapping communications.

Oh, and Rudy Giuliani.

Same, Jim Bourg, same. Good on you getting this photo.

~ 0 ~

ADDER: If you haven’t already read the Washington Post’s investigative expose examining the run-up to, the day of, and the aftermath of January 6, you should do so. It’s worth your time even if you’ve been following along closely as both the House January 6 commission and the DOJ investigations have unfolded. You may see things which spawn more questions than the reporting answers.

I still don’t buy the benign spin put on former acting Secretary of Defense Christopher Miller’s role, for example. There’s a reason Trump wanted him in that role after Esper resigned; the multiple times Miller failed to respond to requests for National Guard support on January 6 looks like a particular reason.

~ 0 ~ 0 ~

I wonder if in the future children will have a rhyme to recall Trump’s January 6th autogolpe plot.

Memory, Memory, the 6th of January, Sedition, Insurrection, and Trump…

I certainly hope we have a few bonfires each January 6 to keep our memories fresh.

Peril: What’s Epilogue to Prologue?

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[NB: Check the byline, thanks. /~Rayne]

Guess what book came in the mail last weekend?

PROLOGUE
Two days after the January 6, 2021, violent assault on the United States Capitol by supporters of President Donald Trump, General Mark Milley, the nation’s senior military officer and chairman of the Joint Chiefs of Staff, placed an urgent call on a top secret, back-channel line at 7:03 a.m. to his Chinese counterpart, General Li Zuocheng, chief of the Joint Staff of the People’s Liberation Army.

Milley knew from extensive reports that Li and the Chinese leadership were stunned and disoriented by the televised images of the unprecedented attack on the American Legislature.

Li fired off questions to Milley. Was the American superpower unstable? Collapsing? What was going on? Was the U.S. military going to do something?

“Things may look unsteady,” Milley said, trying to calm Li, whom he had known for five years. “But that’s the nature of democracy, General Li. We are 100 percent steady. Everything’s fine. But democracy can be sloppy sometimes.”

It took an hour and a half—45 minutes of substance due to the necessary use of interpreters—to try to assure him.

When Milley hung up, he was convinced the situation was grave. Li remained unusually rattled, putting the two nations on the knife-edge of disaster.

That’s the first six paragraphs of the book Peril‘s fucking prologue.

Prologues are typically use to establish a frame or perspective, providing additional exposition for the reader before they enter the main narrative. They’re far more common in fiction than nonfiction.

This isn’t a true prologue. It’s a chapter from an attempted autogolpe told out of chronological sequence to grab the reader’s attention and make them stay with the narrative.

I’ll admit right now I’ve only just cracked the book and I’m juggling it with other reading I’m doing, but Jesus fucking Christ no wonder the media sat up from its moribund position and covered General Milley’s preemptive diplomacy from Peril’s prologue before its commercial release date September 21.

No wonder, too, why the media immediately went on a tear about Milley’s call to China. Peril’s prologue ensured this would happen.

Sadly, I’m juggling more than other reading right now, so I haven’t been able to catch but snippets of the House Armed Services Committee hearings this past week during which some of the substance in Peril was addressed.

~ ~ ~

It’s surprising and yet unsurprising that the media blew up about General Milley’s defense-by-diplomacy immediately following the January 6 insurrection.

First, they bit on the lede with which Costa and Woodward baited them, which means the prologue worked as a hook, but it also reveals a massive hole in reporting following January 6.

Why did the public need to wait until Costa and Woodward published a book NINE MONTHS AFTER the insurrection to learn the Chairman of the Joint Chiefs of Staff was compelled to engage in diplomacy with his Chinese counterpart?

Second, the media was surprised at the level of concern regarding a peaceful transition of power, but not until NINE MONTHS AFTER the insurrection.

Why weren’t they paying attention to the National Task Force on Election Crises five months before the election and seven months before the insurrection, especially after Trump refused to concede the election, called Georgia’s secretary of state to lean on the state to “find the votes” necessary for Trump to win, and after the January 6 insurrection?

And why did so many media outlets ignore or forget that only Congress has the power to declare war, and that any attack on another nation-state without authorization by Congress would be unlawful?

Lastly, why wasn’t Milley’s oath of office — the same oath taken by all members of the military, similar to the oath taken by federal employees and elected officials — taken into consideration by journalists covering Milley’s diplomatic outreach?

I [name], having been appointed an officer in the Army of the United States, as indicated above in the grade of Second Lieutenant, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God.

Support and defend the Constitution of the United States.

Against all enemies, foreign and domestic.

So little examination of whether Milley was defending the Constitution and against which enemies.

~ ~ ~

I can’t say I’m fond of Bob Woodward. Some of his work is whitewashing, wallpapering — like Bush At War, which was little more than a massive beat sweetener published to assure ongoing access to the Bush White House.

But therein is the crux of the problem Peril presents us: access journalism has failed and continues to fail us.

There’s an article in The New York Times today which focuses on questionable conservative attorney John Eastman whose role in drafting the plan to overthrow the 2020 election was disclosed and thinly outlined in Peril.

Why after all of the NYT’s access reporting during the Trump administration did we have to hear about Eastman from Woodward and Costa and not from the NYT?

Most especially Maggie Haberman who shares the byline on today’s article with Michael Schmidt — why is she covering Eastman now after a book relying on access journalism was published by other journalists?

Was Haberman’s access journalism even worse than believed?

This graf from today’s NYT article just sets my teeth to grinding:

Then, after the November election, Mr. Eastman wrote the memo for which he is now best known, laying out steps that vice president Mike Pence could take to keep Mr. Trump in power — measures Democrats and anti-Trump Republicans have likened to a blueprint for a coup.

Wow, how did Eastman become “best known” for that How-to-Coup memo?

In a two-page memo written by Mr. Eastman that had been circulated to the White House in the days before the certification — revealed in the new book “Peril” by the Washington Post reporters Bob Woodward and Robert Costa — Mr. Eastman said that Mr. Pence as vice president was “the ultimate arbiter” of the election, essentially saying he had the power to determine who won, and that “we should take all of our actions with that in mind.”

Oh. Huh.

~ ~ ~

There are a couple pod casts worth listening to which cover some of the topics addressed in Peril.

While some of the content of this conversation between Nordlinger and Costa appears in Peril, it’s not as obvious as having the author tell you about the subject matter.

Above The Law blog founder David Lat was the featured guest on KCRW’s All the Presidents’ Lawyers podcast hosted by Ken White (a.k.a. Popehat). While the topic is “Trump Derangement Syndrome” covering four lawyers who appear to have gone off the deep end in the service of Donald Trump, one of the lawyers discussed is John Eastman.

Of particular note: the exchange beginning about 9:00 minute mark into the 33:14 program in regards to the Brandenburg standard for incitement of violence.

It’s also worth following the Twitter account of Peril’s author Bob Costa (@costareports); he tweets more about the content and background of Peril as well as new related reporting.

This tweet is particularly important: the insurrection isn’t over. It’s ongoing until the conspirators are stopped — all of them.

It’s this challenge which really makes me angry about Peril and its questionable prologue: the focus became Milley who was one of a few people who prevented January 6th’s aftermath from being so much worse.

The real focus should be that U.S. democracy remains under steady attack with the January 6 insurrection potentially the Krystallnacht which organizes American fascists.

~ ~ ~

I may post more as I continue reading Peril.

If you’re reading Peril as well, feel free to share your takes in comments below.

Not the Right Kind of Monster, Says the Racist [UPDATE-2]

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[NB: Check the byline, thanks! Updates at bottom of post. / ~Rayne]

It was just a matter of time before Republicans honed their eye teeth and sharpened their claws, coalescing around a single line of attack after Joe Biden announced he’d selected Kamala Harris as his running mate.

Harris is a dirty radical leftist! Harris is an Obama centrist! they snarled across social media, grasping at any point to prove to Democratic Party voters that Harris isn’t their kind of candidate.

Harris will defund the police! Harris is a cop! they growled in more posts and tweets from the right and their horseshoe left proxies, whipping up vortices of volatility in messaging about Harris’s identity.

But Newsweek solved that yesterday by publishing this piece of racist bullshit to which I won’t link:

Not only is this racist ogre’s argument wrong, the contributor was a former candidate who lost the Republican primary for California Attorney General in 2010 when Kamala Harris won.

Newsweek failed to point out this conflict of interest upfront; in for a penny, in for a pound, though, as Newsweek had already failed to spike the piece.

Early this morning Newsweek’s editor offers an explanation and it is just as bad as Eastman’s:

Newsweek’s editors claim it wasn’t birtherism (racism focusing on a candidate’s birth place), but a 14th Amendment issue (racism focusing on a candidate’s parents’ birth place).

It’s still racism. There’s no excuse for running Eastman’s racist op-ed. Period.

It’s bad when right-leaning Axios says the op-ed is baseless and hypocritical since Eastman didn’t have any problem with Ted Cruz’s candidacy in 2016.

Justin Fox at Bloomberg Opinion definitively takes apart Eastman’s monstrous argument in case there’s any doubt, replete with excerpts about the drafting of the 14th Amendment. This is what Newsweek should have sought before approving Eastman’s racist crap.

~ ~ ~

Eastman likely picked up his cue from USAToday’s fact-checking article addressing an earlier Facebook entry which cast doubt about Harris’s eligibility (not linking to the entry):

USAToday said they reached out to this Facebook poster. They never mention whether they had any luck making contact.

I doubt they could.

The poster’s last name, Sciuridae, means squirrel in Latin; the last name doesn’t match the username in the Facebook URL for the post, aseckora. The post looks — well, squirrelly.

The post’s timing doesn’t make sense — it’s dated August 2 when Biden didn’t announce his running mate until Tuesday August 11.

While USAToday did a thorough job shooting down the Facebook post’s false claims, it doesn’t look good that it didn’t resolve the source of the claims.

Whatever triggered Newsweek’s unacceptable choices isn’t rational. A once-respected news organization has now become cursed by its terminal adherence to bothsides-ism, giving a platform to racism.

~ ~ ~

In the manga work, “Death Note,” by Tsugumi Ohba and Takeshi Obata, the character L Lawliet describes the targets of his detective work:

“… There are many types of monsters that scare me: Monsters who cause trouble without showing themselves, monsters who abduct children, monsters who devour dreams, monsters who suck blood… and then, monsters who tell nothing but lies. Lying monsters are a real nuisance: They are much more cunning than others. They pose as humans even though they have no understanding of the human heart; they eat even though they’ve never experienced hunger; they study even though they have no interest in academics; they seek friendship even though they do not know how to love. …”

While their adored tangerine-tinted president abducts children from the parents and cages them, sucks resources from taxpayers’ government services, lies about the spread of pandemic and the reasons why Americans are dying, the right-wing will argue again and again that Harris is some kind of monster. These arguments will be propelled even further by their trollish minions to flood the zone.

They’ll ignore the logical inconsistency of their claim Harris is not eligible as an immigrants’ child though their fearless and feckless leader is an immigrant’s child, too, and the grandson of a then-Canadian brothel owner to boot.

We can see the challenge isn’t immigrant parentage. We can see their problem.

The real problem for the right-wing isn’t that Harris is some kind of dread bugaboo or a feared bugbear.

It’s that Harris isn’t one of their kind.

She’ll never be qualified to be a white supremacist monster.

.
UPDATE-1 — 6:45 P.M. ET —

The monster in the White House just referred to Eastman’s piece-of-shit racist op-ed.

This is why this argument must be repudiated strongly. Average Americans have taken this man’s word on face value too often — like the man who poisoned himself with HCQ or the people who sickened themselves drinking disinfectant after Trump promoted both as means to treat COVID-19.

These same people will accept on faith this racist’s racist lawyer’s bad opinion because he said it from the presidential podium.

.
UPDATE-2 — 8:00 P.M. ET —

This observation is key:

It’s on Newsweek for platforming Eastman’s racist bullshit, validating it as equal to any counter argument.

It’s on other entities like USAToday which fact checked another birther’s claims but did not call it out forcefully as racism. The words race, racist, racism never appear in their article.

As I’ve said before: Get comfortable with calling out racism. I’m talking to you white people. Recognize, call it out, shame it.

The reason why Trump had any chance of winning in 2016 and again in 2020 is racism. Until you, white people, make it socially, morally, ethically unacceptable to be racist, Trump and his kind of monster will continue to acquire and hold power.

It’s not enough to just nod your head. Silence is approval. Silence is complicity. You must be anti-racist if you want the monsters dead.

Newsweek was overtly racist by publishing Eastman’s racist screed.

USAToday piece is what happens when white people just nod their heads and don’t openly acknowledge racism at work.

Which media outlets recognized the next generation birtherism as racism?