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Trump Worked with People Who Allegedly Worked with the Proud Boys to Obstruct the Peaceful Transfer of Power

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By my count, at least 14 people are known to have pled guilty to some kind of conspiracy on January 6, with four more cooperating against them. Another four were found guilty of one or more conspiracy in November’s Oath Keeper verdict. Eighteen people, in one way or another have been convicted of conspiring to prevent the peaceful transfer of power on January 6, most by obstructing the vote certification.

Trump played a key part in all those conspiracies.

Ronnie Sandlin, for example, first started planning to go, armed, to DC in response to Trump’s December 19 tweet, posting on December 23 that he planned to “stop the steal and stand behind Trump when he decides to cross the rubicon.” After he watched Trump’s speech on January 6, Sandlin did a live stream where he said, “I think it is time to take the Capitol.” Once he arrived at the Capitol, Sandlin and co-conspirator Nate DeGrave participated in tactically critical assaults on cops in two places, the East door and the door to the Senate gallery. After Sandlin helped him get into the gallery, Josiah Colt then rappelled from the gallery to the Senate floor.

Like Sandlin, Brad Smith started arming himself and planning to come to DC in response to Trump’s December 19 tweet.

The call to action was put out to be in DC on January 6th from the Don himself. The reason is that’s the day pence counts them up and if the entire city is full of trump supporters it will stop the for sure riots from burning down the city at least for awhile.

By December 31, Smith predicted, “Militias will be there and if there’s enough people they may fucking storm the buildings and take out the trash right there.” Smith and his co-conspirator, Marshall Neefe, participated in an assault on cops using an 8′ by 10′ Trump sign. And after the attack he boasted that the mission was successful because “we literally chased them out into hiding. No certification lol.”

Trump played a slightly different role in the Oath Keepers conspiracy. The Oath Keepers — Stewart Rhodes above all — viewed Trump as a means to prevent Biden’s election, because as President he could invoke the Insurrection Act and with it (the Oath Keepers believed) make the militias a legal arm of the state, defending Trump. Rhodes repeatedly called on Trump to invoke the Insurrection Act — on November 9, December 12, December 23, and January 6.

He dictated a note to Trump after January 6 asking him to call on the militias as his army to stop Biden from taking power.

For the most part, none of the channels via which Rhodes tried to speak directly to Trump (including Kellye SoRelle’s attempt to work through Rudy Giuliani’s son) are known to have reached Trump.

One of his attempted interlocutors, though, undoubtedly had access to Trump: Roger Stone, on whose Friends of Stone list Rhodes was sharing his plans for insurrection shortly after the election.

DOJ has exploited at least four phones owned by members of the Friends of Stone list: Rhodes and SoRelle, Owen Shroyer, and Enrique Tarrio. Probably DOJ asked for content from Ali Alexander as well (though he disclaimed having any Signal texts to the January 6 Committee).

While a jury found all the Oath Keepers guilty of obstructing the vote certification, with the key exception of Kelly Meggs (who was also in contact separately with the Proud Boys, Roger Stone, Ali Alexander, and alleged 3 Percenter Jeremy Liggett, who in turn had ties to the MAGA Bus Tour) as well as Jessica Watkins, it found the greater part of their conspiracy either overthrowing the government or interfering with with official duties: not obstructing the vote count. Their larger plan to keep Trump in power used different means than Trump used.

That’s not true of the Proud Boy Leaders, who are three days into their trial.

Not only did the Proud Boys allegedly pursue the same plan that Trump was pursuing — obstructing the vote certification on January 6 — but they were in communication with people who were in communication, and central to, Trump’s plan: most notably, Alex Jones, Ali Alexander, and Roger Stone. They were in communication with people who were in communication with people close to Trump during the attack.

Even their telephony records show that Enrique Tarrio, Joe Biggs, and Ethan Nordean were in contact with Alex Jones and Owen Shroyer during the period.

Records for Enrique Tarrio’s phone show that while the attack on the Capitol was ongoing, he texted with Jones three times and Shroyer five times.124 Ethan Nordean’s phone records reflect that he exchanged 23 text messages with Shroyer between January 4th and 5th, and that he had one call with him on each of those days.125 Records of Joseph Biggs’s communications show that he texted with Shroyer eight times on January 4th and called him at approximately 11:15 a.m. on January 6th, while Biggs and his fellow Proud Boys were marching at and around the Capitol.126

Given the known communication habits of the men, it’s possible there are Signal or Telegram communications that were unavailable to the J6C as well.

Alex Jones and Ali Alexander knew in advance they would lead the mob to the Capitol (the January 6 Report offers an unpersuasive explanation that the request came exclusively from Caroline Wren). Roger Stone had planned to join them, probably until he got cranky about being denied a speaking role on the morning of January 6. Mike Flynn wanted to latch on, as well, until the General got too cold and had to go back to his posh hotel room. “Hell no,” he said, according to Caroline Wren. “It’s freezing.”

Meanwhile, even as Shroyer was in touch with Biggs, Alexander was in touch with Caroline Wren, who remained at the Ellipse, and asked for 5-minute updates on the Trump’s progress to the Capitol (the text in question appears to have come from Wren, but may not have been provided in Alexander’s production).

The communication between Proud Boys and Jones in real time is critical because once the riot police showed up and slowed the attack, the Proud Boy leaders pulled up, effectively waiting until Jones appeared. And after Jones did appear, he told the mob following him that Trump was coming to give another speech — something Alexander, and so almost certainly Jones — knew to be false because Wren had told Alexander. Nevertheless, Jones led his mob to the East steps, riled them up with a 1776 chant, and left them there, where they were soon joined by the Oath Keepers (led by Kelly Meggs, who also was in touch with Alexander) and Joe Biggs and some other Proud Boys (including one who had been directing traffic). That collective mob breached the East door of the Capitol, opening a second major front on the Capitol and adding to the invasion of the Senate chamber.

There are rioters who were sentenced to two months in jail because they followed Alex Jones credulously to the top of those steps and joined the mob storming the Capitol.

And it wasn’t just Jones and Alexander who were in touch with Trump’s handlers.

Mark Meadows was, per Cassidy Hutchinson, in communication with Stone about his plans for January 6, at a time when Stone still planned to march to the Capitol with Jones and Alexander.

LIZ CHENEY: Thank you, Mr. Chairman. Before we turn to what Ms. Hutchinson saw and heard in the White House during the violent attack on the Capitol on January 6th, let’s discuss certain communications White House Chief of Staff Mark Meadows had on January 5th. President Trump’s associate, Roger Stone, attended rallies during the afternoon and the evening of January 5th in Washington, DC On January 5th and 6th, Mr. Stone was photographed with multiple members of the Oath Keepers who were allegedly serving as his security detail.

As we now know, multiple members of that organization have been charged with or pled guilty to crimes associated with January 6th. Mr. Stone has invoked his Fifth Amendment privilege against self-incrimination before this committee. General Michael Flynn has also taken the Fifth before this committee. Mr. Stone previously had been convicted of other federal crimes unrelated to January 6th.

General Flynn had pleaded guilty to a felony charge, also predating and unrelated to January 6th. President Trump pardoned General Flynn just weeks after the Presidential election, and in July of 2020, he commuted the sentence Roger Stone was to serve.

The night before January 6th, President Trump instructed his Chief of Staff Mark Meadows to contact both Roger Stone and Michael Flynn regarding what would play out the next day. Ms. Hutchinson, Is it your understanding that President Trump asked Mark Meadows to speak with Roger Stone and General Flynn on January 5th?

CASSIDY HUTCHINSON: That’s correct. That is my understanding.

LIZ CHENEY: And Ms. Hutchinson, is it your understanding that Mr. Meadows called Mr. Stone on the 5th?

CASSIDY HUTCHINSON: I’m under the impression that Mr. Meadows did complete both a call to Mr. Stone and General Flynn the evening of the 5th.

In an earlier interview, when she was still represented by Stefan Passantino, she had attributed the idea for this call to Peter Navarro or a Navarro staffer; the Navarro staffer who had let Mike Flynn into the White House on December 18, Garrett Ziegler, was another White House contact of Ali Alexander’s, in addition to Wren.

All this matters because of the way conspiracy law works, as laid out in the bullet points from Elizabeth de la Vega that I always rely on.

CONSPIRACY LAW – EIGHT THINGS YOU NEED TO KNOW.

One: Co-conspirators don’t have to explicitly agree to conspire & there doesn’t need to be a written agreement; in fact, they almost never explicitly agree to conspire & it would be nuts to have a written agreement!

Two: Conspiracies can have more than one object- i.e. conspiracy to defraud U.S. and to obstruct justice. The object is the goal. Members could have completely different reasons (motives) for wanting to achieve that goal.

Three: All co-conspirators have to agree on at least one object of the conspiracy.

Four: Co-conspirators can use multiple means to carry out the conspiracy, i.e., releasing stolen emails, collaborating on fraudulent social media ops, laundering campaign contributions.

Five: Co-conspirators don’t have to know precisely what the others are doing, and, in large conspiracies, they rarely do.

Six: Once someone is found to have knowingly joined a conspiracy, he/she is responsible for all acts of other co-conspirators.

Seven: Statements of any co-conspirator made to further the conspiracy may be introduced into evidence against any other co-conspirator.

Eight: Overt Acts taken in furtherance of a conspiracy need not be illegal. A POTUS’ public statement that “Russia is a hoax,” e.g., might not be illegal (or even make any sense), but it could be an overt act in furtherance of a conspiracy to obstruct justice.

Co-conspirators don’t all have to meet in a room together and agree to enter a conspiracy. That can happen (and did, in the Oath Keepers’ case) via a series of communications which networks everyone.

The demonstrative exhibit prosecutors used in the Oath Keeper trials showed how the various communications channels included everyone, even if some members of the conspiracy only interacted with a limited group of other co-conspirators.

I circled Rhodes and SoRelle in pink to show that even in the Oath Keeper trial, prosecutors treated the Friends of Stone list part of the communications infrastructure of the conspiracy.

Here’s what the larger conspiracy looks like, reflecting  the known communications between Rhodes, Meggs, Tarrio, Biggs, and Nordean and Jones and Stone, and the known communications between Jones and Stone and Alexander with Trump or his handlers, like Meadows, Wren, and Ziegler by way of Navarro.

The numbers and letters in parentheses come from one or another of the indictments charging conspiracy. As you can see, Trump’s known actions map onto the known, charged overt acts of various conspiracies to obstruct the vote count like a mirror.

Obviously, the pink part of this table has not been charged (yet). And it may not be unless prosecutors win guilty verdicts in the Proud Boys case. It also may not be if the obstruction charge gets narrowed on appeal.

For reasons I laid out here, the Proud Boys trial is far more complex than the Oath Keepers trial. And in the Proud Boys trial, like the Oath Keepers trial, prosecutors don’t have a clear map showing that the plan was to occupy the Capitol; instead they have testimony that Biggs and Nordean kept consulting, and everyone took orders from them, and those orders had the effect of sending cells of Proud Boys off to breach parts of the building. So it is not at all certain that prosecutors will win convictions of the men — Tarrio, Biggs, and Nordean — who were working with people who were working with Trump and his handlers.

But this is one of the means via which DOJ has been working to hold Trump accountable since just months after the attack (I first laid this out in July 2021, long before most commentators understood how DOJ was using obstruction).

Even with the disorganized conspiracy (Sandlin and friends), prosecutors have carefully shown how the men took Trump’s December 19 tweet as an explicit instruction, took instructions from a WildProtest flyer put out by Ali Alexander, believed Trump had ordered them to march to the Capitol. There are hundreds more rioters who took Trump’s December 19 tweet as an instruction, though in the case of Sandlin and his co-conspirators, they took steps that were critical to the occupation of the Capitol and the Senate chamber in response.

But with the Proud Boys, to an extent thus far only seen with Oath Keeper Kelly Meggs, the communication ties, via a two step network, to Trump’s own actions and directions. And with the Proud Boys, that coordination builds off years-long relationships, particularly between Biggs and Jones and Stone, and through them, to Trump.

Everyone was working towards the same goal: to prevent Congress from certifying Joe Biden’s victory. There were, in various places, explicit agreements made. There were, as with Trump’s Stand Back and Stand By comment that prosecutors used to kick off this trial, more implicit agreements as well.

And DOJ is now at the point where it is beginning to show how those agreements, explicit and implicit, all worked together to make the assault on the Capitol successful.

Conspiracy guilty verdicts

Oath Keepers Stewart Rhodes, Kelly Meggs, Jessica Watkins, Kenneth Harrelson, Kelly Meggs, Mark Grods, Caleb Berry, James Dolan, Joshua James, Brian Ulrich, Todd Wilson (11 conspiracy verdicts)

Proud Boys Matthew Greene, Charles Donohoe, Jeremy Bertino, with Isaiah Giddings, Louis Colon, and James Stewart cooperating (3 known conspiracy verdicts)

Disorganized Militia Ronnie Sandlin, Nate DeGrave, with Josiah Colt cooperating (2 conspiracy verdicts)

“Patriots” Marshall Neefe and Charles Smith (2 conspiracy verdicts)

Ali Alexander Asked for 5-Minute Updates on Trump’s Actions on January 6

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Amid the release of the January 6 Committee transcripts, I’ve been vacating a bit. But I wanted to do a post on what I have been reading.

Let’s start with the fact that at 12:19PM on January 6, Ali Alexander texted Caroline Wren with a request that she update him every five minutes on POTUS’ plan to walk to the Capitol.

At 12:19 p.m. you ask Ms. Wren — so I’m assuming this is after you’ve left The Ellipse — if POTUS is walking and for her to give you an update every 5 minutes. So at 12:19 pm. on January 6th, was it your understanding that President Trump was going to come to the Capitol?

This reference is not mentioned in the final report.

Caroline Wren is the fundraiser (she reported to Kim Guilfoyle during the campaign) who arranged for Publix heir Julie Fancelli to provide $3 million in support of the rally. She provided J6C a good deal of records regarding her involvement and provided testimony that — while it shaded her knowledge of threats of violence and pitched some dodgy fundraising as a normal approach to finance — more closely resembled the truth than a lot of other witnesses. She is one of five women, along with the Kremers, Katrina Pierson, and Cindy Chafian, whose in-fighting has dominated the coverage of the planning for January 6, undoubtedly distracting from some other key players. Pierson described her as aligned with Alex Jones and the others, though in her testimony, Wren provided not unreasonable explanations for her ties to Alex Jones and Roger Stone, not least that Fancelli had donated money believing that crazies like Jones and Stone would have a big role.

It wasn’t that she was close to Jones and Stone, it’s that she was trying to meet the expectations of the donor who had paid for the whole thing.

As you no doubt know, Ali Alexander is the Roger Stone protégé who ran Stop the Steal. His December 9 testimony, at which he was represented by the lawyer who helped a Roger Stone protégé stall the Mueller investigation for a year, Paul Kamenar, is epic, hilarious, and not very honest. At times he shaded or lied to protect Roger Stone, various members of Congress, and Alex Jones. He explicitly said that he distanced himself from the White House during the post-election period so no one could blame Trump for any threats (described as political pressure, not violence) Alexander made against them.

So whenever I’m talking to a State legislator or someone, and saying this is the political fallout, I don’t want anyone to think President Trump told this kid to come up and threaten me.

He seems to suggest in his testimony that they funded buses through Turning Point to hide Stop the Steal’s involvement. His explanations for why he got the permit for his own rally under a cover name are epic.

He invented a bullshit line in response to a question about his Signal texts relating to January 6.

Q don’t recall in your production. Please correct me if I’m wrong. Did we get any Signal chats you from?

A I provided one with Charlie Kirk. ~ They auto-disappeared. That’s like a data retention policy. So don’t -in response to the committee’s investigation on the Capitol attack, and then as you guys widened it, in my opinion, to cover legally permissible events that I wanted to cooperate with this committee about like January 6th, I don’t recall having any in my possession from Signal. Most of what I did was verbal. Some of what did is in text message.

Perhaps a result, while J6C had an extended discussion about a Signal chat with Oath Keepers Alexander was privy to (one that referenced 13 people who had already been indicted by that point), they did not raise the Friends of Stone Signal chat at all during that interview.

In short, Alexander’s testimony was not all that helpful for understanding his central role in January 6.

But both Alexander and Wren provided some telephony texts to the committee, and as a result, this text was available to ask Alexander about.

At 12:19 PM on January 6, Alexander asked Wren to give him updates every five minutes on Trump’s progress. In response to the question about the text, Alexander bullshitted a bit until he explained, simply, that Wren was at the Ellipse.

A One, really appreciate you pointing out this text. This is helpful. I’s also helpful that | use the word “walking,” and you characterized it as marching before you read out the quote. And my understanding is informed by a lot of things, you know, my race, my faith, my profession. And professionally, I’m sorry to bore you guys, but professionally, in my interactions with observing Secret Service over the years, observing Democrat nominees and Republican nominees and Presidents is, something like thats just not allowed to happen  But I do know that we live in interesting times. ~ And if it were to happen, I would like an advance notice. And, again, I’m sorry. I saw the faces, but I’m sorry if my answer is weird. Trying to be helpful.

Q So based upon this text, you were asking Ms. Wren, because you presume she would know if President Trump was going to walk to the Capitol?

A She was physically at The Ellipse, and I wasn’t.

Q All right.

This seemed to satisfy investigators, and they moved into where Alexander headed from there (Alexander seems to have obscured his actions during the Ellipse speech with conflicting claims, first, that he was able to move in and out of the VIP section, but also that Secret Service was limiting the number of people who were permitted to leave with him and Alex Jones via what he described as a special exit).

This text is, in my opinion, really significant. The J6C Report does not provide a very satisfying answer about the genesis of the request, which Alex Jones said came from the White House, for him to lead the march from the Ellipse to the Capitol. In significant part, it concludes that when Alexander and Jones told others they were in contact with the White House — including the request to lead the march to the Capitol — they were using shorthand for Wren, in spite of wild obfuscation from Alexander about it, his obvious ties to Stone, and his bullshit answer about how he knew what “POTUS wants.”

Q May just ask, Mr. Alexander, was there anyone other than Caroline Wren a who you were talking to at the time who claimed to be speaking on behalf of the White House that you can remember whether about this or any other aspect of that event?

A Oh man, that.

Q On behalf of the White House.

A Well, you said White House, and I haven’t said White House at all.

Q On behalf – replaying what the President’s plans were.

A There was a lot of chatter and in these situations, sometimes you’ll hear something third party and it is credible and sometimes not. ~ And, you know, as a professional in this space, somebody — what I will say is unique about Donald J. Trump to politics is everyone thinks they are his adviser, that everyone thinks they know exactly what he’s saying. It has been very widely reported that that, you know, the last thing said in his ear is the thing he’ll do. And, so, if I gave you a specific answer, it wouldn’t be doing you justice or me justice. My main point of contact with what I’m calling Trump world was Caroline Wren regarding what I consider the scope of the committee, and that’s January 6th.

To be sure, Alexander did attribute the request to Wren (though could not date it).

Q And the plan — we talked about right when we started the deposition about how you walked, marched, whatever you want to call it, from the Ellipse to the Capital, and that when it actually happened you were with Alex Jones and Owen Shroyer. Am I right?

A [Nonverbal response]

Q When did you come to know that you were going to make that movement, walk with them, those two particular men? Was it just the morning of January 6th, or had that always been the plan, that the three of you together would walk up there?

A There was no plan for Owen to walk with us.

Q okay.

A I don’t know when there was a plan. I wouldn’t even call it a plan. The idea that Roger Stone, myself, and Alex Jones would go at the end of Trump’s speech and position ourselves at the front of the overflow crowd and figuring out how logistically that worked so we didn’t have to go out the same exit as everybody was something that Caroline Wren first proposed to me — don’t know when — and I thought, okay, cool idea.

Q But before the morning of the 6th?

A Certainly we talked about the idea, yeah.

Q Okay. And did you ever talk with Mr. Jones about this before the morning of the 6th, this plan to march or walk, whatever you call it?

A I’m not sure

Q Is it possible you did and you just don’t remember?

A It’s possible.

Q Is Mr. Jones someone you would speak to on the phone, only in person, or what was the nature of the relationship?

A Yeah, would speak on the phone. I appeared on his show a few times. I could call a security guard if couldn’t get ahold of his head of security. I could call if didn’t get ahold of Alex.

Q Is that Tim Enlow?

A I know his name is Tim.

Q Okay. And for the record, E-n-l-o-w. And what do you remember before January 6th about Mr. Jones telling you, if you do remember anything, about walking from the Ellipse to the Capitol? Do you remember him saying anything about that event?

A No

Q All right. So you’ve never heard it from his lips to you that he spoke with someone in the White House or Trump about him walking from the Ellipse to the Capitol?

A don’t recall anything like that.

Q Okay. Now, are you aware that he said publicly that that happened, that he had that he was told by Trump to walk from the Capitol from the Ellipse to the Capitol?

A I’m not aware of that. Alex is prone to exaggeration and/or could have been referencing Caroline Wren.

Q Understood. When it comes to Mr. Stone, do you know — he has said publicly that he was told, whether by Trump or the White House, that he was going to lead or be a part of leading the walk from the Ellipse to the Capitol. Are you aware that he said that publicly?

A I believe so.

Q All right. Did he ever talk to you about that before January 6th, what his thoughts or what his beliefs were about what was going to happen in terms of that march?

A Not to the best of my recollection.

Q So whether anybody –whether Trump or the White House told him that he was going to be part of that march?

A Again, I think this was an idea, as best that I understood it, that originated with Caroline, pinged off me, I said okay, and then was given to Alex and Roger, if it was given to them at all. I could have given –I could have talked to them about it.

Q That’s why we’re asking.

A Okay. Yeah, l don’t know.

Q We’re trying to understand.

A Yeah. And don’t know what the play byplay of all of that was.

The Report doesn’t rely on any of this blather from Alexander for its conclusion that Wren is probably the one who requested that Jones et al lead the mob to the Capitol. They rely primarily on Wren, and an Alex Jones broadcast that should be treated with the same reliability as his claims that Sandy Hook victims were crisis actors.

It is likely that both got that idea from Caroline Wren, a Republican fundraiser who helped organize the Ellipse event.111 Jones texted Wren at 12:27 p.m., asking when he should leave the Ellipse and begin the march.112 While Wren originally expected Jones, Roger Stone, and retired Lt. Gen. Michael Flynn to march to the Capitol, Stone did not attend the Ellipse rally and so he was not present to accompany Jones on the march as planned.113 Additionally, while President Trump was delivering his speech, Wren askedFlynn if he was going to march with Jones. Flynn responded, “Hell, no. It’s freezing.”114

While Stone and Flynn did not march, Jones and Alexander led others to the Capitol, though it is not clear how many people followed them.115

112. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Alexander Jones, (Jan. 24, 2022), Ex. 13 at 0:29 (Excerpt from The Alex Jones Show on Jan. 7, 2022); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Caroline Wren Production), REVU_000475 (Jan. 6, 2021, Alex Jones text message to Caroline Wren); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Caroline Wren Production), REVU_000484 (Jan. 5, 2021, Tim Enlow text message to Caroline Wren).

113. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Caroline Wren, (Dec. 17, 2021), p. 244.

114. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Caroline Wren, (Dec. 17, 2021), p. 244.

Perhaps they found Wren more credible than Alexander, which she is. Except according to her version, it would be impossible for Alexander to have floated the idea to Stone and Jones, because in her telling, he was added on at the last minute, and not because he was a key part of Jones’ retinue, but because he had a rally to run.

Q But, at some point, you have conversations with Alex Jones or All Alexander, right, about how are you going to get them out of the VIP area so they can get to the Capitol?

A Right

Q And what do those discussions include?

A Alex wanted to go with Roger Stone. Ali wasn’t really a part of that Ali — so now — I didn’t really get the sense that Ali and Alex like knew each other very well or — like, it was never a group text. Like, the conversations were kind of isolated. So I  just never — they may be very good friends, they might not know each other. So — but Alex Jones’ expectation was that he and Roger Stone would lead a march from the Ellipse to their rally at the Capitol. That also was Ali’s rally or something. And — but ~ and they’d asked about like directions or things to do. And those were things I never could get or did get answers to. [my emphasis]

I won’t get into all the ways that this testimony is inconsistent with the relationship that Wren described that she had with Alexander, or the reasons why.

Just understand, for the moment, that the J6C conclusion that the White House requested this probably came from her is not consistent with the documentary or testimonial record and comes in the face of Jones and Stone refusing to cooperate and the fact that everyone was lying about Signal text communications, including known “group texts” of the sort that Wren disavows possibility of.

More importantly, because J6C was so determined to come up with some conclusion about who directed Jones to lead the mob to the Capitol, it ignored several things.

First, even ignoring Roger Stone’s likely role in all this, Alexander told J6C he had another White House source: Garrett Ziegler. In fact, his attribution of stuff to Wren came specifically with a disavowal of Ziegler’s role in all this.

The person that talked to was Caroline Wren, and to make a duplicative effort to me would seem a waste of resources or my time. I talk to hundreds of people probably a day. I mean, I was like the busiest person in America. I know some people don’t like that, but a lot of other people love it. And another gentleman I talked to at the White House was — and we did talk about election integrity, but I don’t recall talking about the 6th – Garrett Ziegler, who worked for Mr. Navarro. And I know we talked about election integrity. I don’t recall talking to him about the 6th or the 5th. And I don’t see how he would be in any authority to kind of do anything like that.

Alexander did attribute his understanding of events about January 6 in December to Ziegler, however.

Q So, on December 19th, what people from the White House were you in contact with?

A I don’t know who I was referencing. Mary [sic] — maybe it was Garrett Ziegler.

Q I don’t see Garrett Ziegler in any of your productions. Was it a phone call –

A We

Q I was going to say was it a phone call, was it a text message, or was it an email?

A I believe having the phone call with him. I don’t remember receiving any emails from him.

Ziegler, recall, was the guy who let Mike Flynn and Sidney Powell into the White House on December 18, hours before Trump first tweeted about the January 6 event that Alexander was (per his own testimony) already planning.

In spite of the possibility that Ziegler was another White House contact with Alexander during this period, in his own deposition — scheduled in July, at a time when J6C would have had a much clearer idea of the problems with Alexander’s testimony, especially — no one asked him about Alexander (or Jones or Stone), at all. To be sure, Ziegler invoked the Fifth about everything. He wouldn’t have answered any questions in any case. But neither in Alexander’s deposition nor in Ziegler’s do they pursue the possibility that he might have had a more central role in this than they let on (though there are a few others that’s true of as well).

What I’m interested in is the more alarming possibility: that Alexander’s request for five minute updates on Trump played a part in execution that day.

As noted above, the report does not mention that Alexander asked Wren for five minute updates on the movements of the President.

It also does not mention that at 12:59, Wren texted Alexander and told him “POTUS not walking.”

Q Thats fine. We saw a text message earlier you saw where Caroline Wren told you

A What time was it at?

Q 12:59, POTUS not walking. Do you remember that?

J6C uses this to establish that when Alex Jones used the promise that Trump would speak on the East side of the building to lure people to form a second front, Alexander, at least, had the expectation Trump would not come (though that overstates things — this text would have been before the confrontation in the limo and this text could have meant only that Trump was not walking but might ride to the Capitol).

But they ignore another possibility: that Alexander and Jones and Owen Shroyer (the latter of whom now shares an attorney with Joe Biggs) were relaying updates to people at the Capitol.

The report does lay out, for example, how much traffic was passing between the Jones group and the Proud Boys based on the limited telephony call records they managed to obtain (though it rather infuriatingly doesn’t provide the times of these communications).

Proud Boys were among the crowd Jones gathered during his march. Matthew Walter, president of a Tennessee chapter of the organization,122 was near the National Mall with two other Proud Boys from Tennessee and decided to join Jones.123 Other, more prominent members of the Proud Boys appear to have been in contact with Jones and Shroyer about the events of January 6th and on that day. Records for Enrique Tarrio’s phone show that while the attack on the Capitol was ongoing, he texted with Jones three times and Shroyer five times.124 Ethan Nordean’s phone records reflect that he exchanged 23 text messages with Shroyer between January 4th and 5th, and that he had one call with him on each of those days.125 Records of Joseph Biggs’s communications show that he texted with Shroyer eight times on January 4th and called him at approximately 11:15 a.m. on January 6th, while Biggs and his fellow Proud Boys were marching at and around the Capitol.126

122. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Matthew Walter, (Mar. 9, 2022), p. 78.

123. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Matthew Walter, (Mar. 9, 2022), p. 75.

124. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Google Voice Production, Feb. 25, 2022).

125. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Verizon Production, Nov. 19, 2021).

126. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (AT&T Production, Nov. 24, 2021).

And this summary of communications does not include comms using other than telephony (like Signal texts or radios).

At the very least, the information Wren passed to Alexander may have influenced Jones’ decision to hold up at Freedom Plaza for a period, before continuing on to the Capitol. But given the solid evidence that former Infowars employee Biggs was coordinating with this group, it seems likely that Alexander’s information got shared with those modulating the attack on the Capitol.

In other words, it’s not just that someone asked Alex Jones to lead the mob to the Capitol. It’s not just that, when he arrived, Alex Jones moved them to the East side where hundreds played a role in the second major front of the attack. But it’s that Jones and Alexander easily could have relayed information from those handling Trump to those handling the mob at the Capitol.

For a year, I’ve been describing how the relationship between the Proud Boys and Alex Jones’ crew was a pivot between the mob and the President, one through which DOJ could charge a conspiracy with those who attacked cops and stormed the Capitol. That’s all pending the outcome of the Proud Boy Leader trial, opening arguments for which start this week. It’s a complex trial and I have no idea what to expect.

As J6C releases transcripts, we’ve learned that Jones’ role was even more central than I imagined. While J6C doesn’t focus enough on the role of the Stop the Steal events in posing a real threat to legislators who ignored Trump, the transcripts do reveal more details about how Alexander deployed that threat. Jones was central to Julie Fancelli’s decision to fund the event. According to Alexander, about a third of the mob were Jones’ fans. In spite of months of effort, J6C was never able to explain how or who gave the order to Jones to lead the mob to the Capitol (and the Ziegler silence and the Stone disinterest are not the only gaps in their efforts to explain it so far).

J6C’s failure to answer that question was largely attributable to the efforts, by virtually all those personally involved, to obstruct the investigation. DOJ has some, but not unlimited, tools to overcome such obstruction (including several cooperating witnesses from both primary militia conspiracies and full exploitation of several phones involved, including those of Enrique Tarrio and Owen Shroyer).

Jones’ (and Alexander’s and Stone’s) roles look just as important to understanding the plan on January 6 as they did a year ago. But there’s even more reason to believe that Jones was not just a dumb guy with a megaphone leading sheep to slaughter. Jones and Alexander were in a position to help those kicking off the attack account for the involvement — or not — of the President.

Back-up material

Ali Alexander: Live tweet; December 9, 2021 transcript

Julie Fancelli: Live tweet; February 18, 2022 transcript

Alex Jones: January 24, 2022 transcript

Charlie Kirk: May 24, 2022 transcript

Roger Stone: December 17, 2021 transcript

Caroline Wren: Live tweet; December 17, 2021 transcript

Garret Ziegler: Post; July 19, 2022 transcript

December 27: The January 6 Committee’s Blind Spots

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The January 6 Committee Report is out.

As many people have pointed out, the report focuses on Donald Trump, telling the story about how he riled up a mob with The Big Lie and then did nothing as they launched a terrorist attack on the Capitol and those within in, especially Trump’s Vice President.

But even in telling a story about Donald Trump, the report has glaring blind spots. Some of those blind spots were created by the limits on the Committee’s investigative authorities, some were created by the Committee’s (perhaps resultant) limited understanding of the attack.

To demonstrate those blind spots, I wanted to show what the report includes in the body of the report about December 27 (some of these may be out of order and I need to clean it up, but this will be a useful demonstration). Here are things that happened on December 27, 2020:

  • Bernie Kerik publicly attacks Pat Toomey for opposing fraud (the Report ties this attacks to physical threats against officials opposed to Trump’s fraud)
  • Mark Meadows continues to pressure Georgia
  • Doug Mastriano speaks to Trump and feeds members of Congress bullshit
  • Trump attempts to get Jeffrey Rosen and Richard Donoghue to endorse his fraud message and — failing that — threatens to replace Rosen
  • With Trump’s blessing, Louie Gohmert files suit against Mike Pence
  • Trump pardons Stone and they talk about January 6
  • Trump gets more involved in planning January 6, which leads to a plan to have his supporters march on the Capitol and then a plan for him to march
  • The FBI creates a system to collect threats related to the “election certification” on January 6 by using a tag, “CERTUNREST

Some of these events (such as the Louie Gohmert lawsuit) were obviously in the work before December 27, but this provides a good read of where the parallel strands of the attack were on that particular day.

But given what we know, the far most important event of the day was the increased involvement by the White House in January 6. This was the moment the plans for January 6 started becoming a plan for a coup.

As you look at what gets included in the report, however, you get a sense of how little the Committee learned about how that happened.

In one section, the report notes that that’s the day Trump pardoned Roger Stone and — probably at the same face-to-face meeting at Mar-a-Lago — discussed plans for January 6, including a plan for Trump to speak.

In another section, the report notes that a former staffer named Justin Caporale was asked to get involved in planning the day and also that during a dinner with Jr and Kimberly Guilfoyle, Guilfoyle called Carolyn Wren and learned about the busses and other plans for the day. That’s what led to an increased White House focus on January 6. But because the Committee couldn’t get the comms from key participants, they can’t tell you how much planning happened or with whom.

The report doesn’t provide a timeline for how those three events happened: Stone, Caporale, Wren (indeed, this is one area where the report’s selectivity about when to include metadata for communications and when not to is infuriating, because we can’t even make that timeline now). We learn only that Wren texted Guilfoyle at 7:10PM. That obscurity is especially troubling, because Wren was in touch with people who were in touch with Stone, and the report actually relies on a story about Stone for part of its narrative about the Guilfoyle-Wren conversation. (The report’s discussion of the ties between Alex Jones, Wren, the militias, and Stone, is particularly weak; while that is no doubt a reflection of the limited tools the committee had to obtain materials from those who did not cooperate, the committee also eschewed primary sources that would have provided background that would be critical to that story.) It admits that non-cooperation from Meadows, Dan Scavino, and Caporale thwarted the Committee’s own efforts to build out this timeline. Elsewhere, it calls into question of the key witnesses involved, including both Max Miller and Tony Ornato, on whose its awareness of expanded planning relies.

We simply don’t know how it happened that the plans for January 6 began to focus much more on an attack on the Capitol.

We do know the FBI finally recognized it as a threat. We do know that members of Congress were overtly attacking the election (and Pence), in the form of the lawsuit against Pence.

And we know that the most important detail of the longest passage involving December 27 (as well as significant focus in the executive summary), of the discussions between Trump and top DOJ officials, involved the instruction, “Just say the election was corrupt and leave the rest to me and the Republican Congressmen.” He said that, though, on a day when people like Kerik were beginning to ratchet up the pressure, with implicit threats, against GOP members of Congress who would refuse to go along.

The report focuses far more on proving that Trump was pushing fraudulent claims than laying out how Trump’s plans turned to a coup.

All that work on the Big Lie is important (and accessible to a committee without the ability to serve warrants for content). It is largely a measure of the cooperation the committee got — from Jeffrey Rosen but not from Stone, access to Cassidy Hutchinson’s second-hand knowledge of these events because Caporale was limiting his own cooperation and Meadows and Scavino provided none.

But it should come with a focus on the blind spots that remain, which happen to be the blind spots about the people who could have coordinated Trump’s own plans with those of the armed mob.

Update: This, from the deposition of Robert Peede, describe the calls referred to in the report. Peede was with Trump in Mar-a-Lago at the time of these calls.

5:16PM: Robert Peede to Max Miller (10 minutes)

5:51PM Trump tweet

6:19PM: Peede to Miller (3 minutes)

6:22?PM: Miller to Justin Caporale (<10 minutes)

Miller to Peede (2 minutes)

Peede to Ornato (3 minutes)

7:10: Wren to Guilfoyle text

Bernie Kerik attacks a Member of Congress opposed to Trump’s fraud

On December 27th, Kerik suggested that Senator Pat Toomey (R-PA) was “corrupt” and said that “for any Pennsylvania official to certify their vote, it’s malfeasance and criminal.”290 That was entirely consistent with Kerik’spast tweets about the election, one of which apparently called public officials “who betrayed” President Trump “spineless disloyal maggots.”291 It wasn’t just rhetoric, however, because, as described below, people showed-up outside certain officials’ home—sometimes menacingly—and, of course, showed up at the Capitol on January 6th.

[snip]

Mark Meadows pressures Georgia

Four days later, Meadows texted Deputy Secretary of State Fuchs, in which he asked, “[i]s there a way to speed up Fulton county signature verification in order to have results before Jan 6 if the trump campaign assist[s] financially.”242 Fuchs wrote in response that she “Will answer ASAP.”243

[snip]

Doug Mastriano feeds bullshit to Trump and others in Congress

Mastriano also sent emails indicating that he spoke with President Trump on December 27th, 28th, and 30th, along with files that President Trump had requested or that he had promised to him.267

[snip]

Trump attempts to get Jeffrey Rosen and Richard Donoghue to buy his fraud message and — failing that — threatens to replace Rosen

On December 27, 2020, President Trump called Acting Attorney General Rosen once again. At some point during the lengthy call, Rosen asked that Acting Deputy Attorney General Donoghue be conferenced in.116 According to Donoghue’s contemporaneous notes, Trump referenced three Republican politicians, all of whom had supported the President’s election lies and the“Stop the Steal” campaign.117 One was Representative Scott Perry. Another was Doug Mastriano, a State senator from Pennsylvania who would later beon the grounds of the U.S. Capitol during the January 6th attack.118 President Trump also referenced Representative Jim Jordan from Ohio, praising him as a “fighter.”119 Representatives Perry and Jordan had often teamed up to spread lies about the election. The two spoke at a “Stop the Steal” rally in front of the Pennsylvania State capitol in Harrisburg, just days after the November election.120 The pair also pressed their conspiratorial case during interviews with friendly media outlets.121

President Trump made a “stream of allegations” during the December 27th call.122 As reflected in his notes, Donoghue considered the call to be an“escalation of the earlier conversations,” with the President becoming more adamant that “we weren’t doing our job.”123 President Trump trafficked in “conspiracy theories” he had heard from others, and Donoghue sought to “make it clear to the President these allegations were simply not true.”124 Donoghue sought to “correct” President Trump “in a serial fashion as he moved from one theory to another.”125

The President returned to the discredited ASOG report, which former Attorney General Barr had already dismissed as complete nonsense. ASOG had claimed—based on no evidence—that the Dominion voting machines in Antrim County, Michigan had suffered from a 68 percent error rate. As noted above and in Chapter 1, that was not close to being true.

Bipartisan election officials in Antrim County completed a hand recount of all machine-processed ballots on December 17, 2020, which should have ended the lies about Dominion’s voting machines.126 The net difference between the machine count and the hand recount was only 12 out of 15,718total votes.127 The machines counted just one vote more for former Vice President Biden than was tallied during the hand recount.128 Donoghue informed the President that he “cannot and should not be relying on” ASOG’s claim, because it was “simply not true.”129 This did not stop the President from later repeating the debunked allegation multiple times, including during his January 6th speech at the Ellipse.130

Acting Deputy Attorney General Donoghue debunked a “series” of other conspiracy theories offered by President Trump during the December 27th call as well. One story involved a truck driver “who claimed to have moved an entire tractor trailer of ballots from New York to Pennsylvania.”131 There was no truth to the story. The FBI “interviewed witnesses at the front end and the back end of” the truck’s transit route, “looked at loading manifests,” questioned the truck driver, and concluded that there were no ballots in the truck.132

President Trump then returned to the conspiracy theory about voting inDetroit. Former Attorney General Barr had already debunked the claim that a massive number of illegal votes had been dumped during the middle of the night, but the President would not let it go. President Trump alleged that someone “threw the poll watchers out,” and “you don’t even need to look at the illegal aliens voting—don’t need to. It’s so obvious.”133 The President complained that the “FBI will always say there’s nothing there,”because while the Special Agents (“the line guys”) supported him, the Bureau’s leadership supposedly did not.134 This was inconsistent with Donoghue’s view.135 But President Trump complained that he had “made some bad decisions on leadership” at the FBI.136

President Trump also “wanted to talk a great deal about Georgia, [and] the State Farm Arena video,” claiming it was “fraud staring you right in the face.”137 President Trump smeared Ruby Freeman, a Georgia election worker who was merely doing her job, as a “Huckster” and an “Election scammer.”138 President Trump said the “networks,” meaning the television networks, had “magnified the tape and saw them running them [ballots] through repeatedly.”139 The President repeated the lie that Democrats had “[c]losed the facility and then came back with hidden ballots under thet able.”140 He suggested that both Rosen and Donoghue “go to Fulton County and do a signature verification.” They would “see how illegal it is”and “find tens of thousands” of illegal ballots.141

President Trump “kept fixating” on the supposed suitcase in the video.142 But Acting Deputy Attorney General Donoghue debunked the President’s obsession. “There is no suitcase,” Donoghue made clear.143 Donoghue explained that the DOJ had looked at the video and interviewed multiple witnesses. The “suitcase” was an official lock box filled with genuine votes.144 And election workers simply did not scan ballots for former Vice President Biden multiple times.145 All of this was recorded by security cameras.146

In response to what President Trump was saying during the conversation, Rosen and Donoghue tried to make clear that the claims the President made weren’t supported by the evidence. “You guys must not be followingthe internet the way I do,” the President remarked.147 But President Trump was not finished peddling wild conspiracy theories.

The President pushed the claim that Pennsylvania had reported 205,000more votes than there were voters in the state.148 “We’ll look at whether we have more ballots in Pennsylvania than registered voters,” Acting AttorneyGeneral Rosen replied, according to Donoghue. They “[s]hould be able to check that out quickly.”149 But Rosen wanted President Trump to “understand that the DOJ can’t and won’t snap its fingers and change the outcome of the election. It doesn’t work that way.”150 “

I don’t expect you to do that,” President Trump responded. “Just say the election was corrupt and leave the rest to me and the Republican Congressmen.”151

Donoghue explained this “is an exact quote from the President.”152

“We have an obligation to tell people that this was an illegal, corrupt election,” President Trump told the DOJ team at another point in the call.153 President Trump insisted this was DOJ’s “obligation,” even though Rosenand Donoghue kept telling him there was no evidence of fraud sufficient tooverturn the outcome of the election. “We are doing our job,” Donoghue informed the President. “Much of the info you’re getting is false.”154

The call on December 27th was contentious for additional reasons. President Trump did not want to accept that the Department of Justice wasn ot an arm of his election campaign. He wanted to know why the Department did not assist in his campaign’s civil suits against States. There was asimple answer: There was no evidence to support the campaign’s claims of fraud.155

Donoghue and Rosen also “tried to explain to the President on this occasion and on several other occasions that the Justice Department has a very important, very specific, but very limited role in these elections.”156 The States “run their elections” and DOJ is not “quality control for the States.”157 DOJ has “a mission that relates to criminal conduct in relation tofederal elections” and also has “related civil rights responsibilities.”158 But DOJ cannot simply intervene to alter the outcome of an election or support a civil suit.159

When President Trump made these demands on December 27th, it wasalready crystal clear that the Department of Justice had found no evidence of systemic fraud.160 The Department simply had no reason to assert that the 2020 Presidential contest was “an illegal corrupt election.”161

“People tell me Jeff Clark is great” and that “I should put him in,” President Trump said on the call. “People want me to replace the DOJ leadership.”162 Donoghue responded “[S]ir, that’s fine, you should have the leadership you want, but understand, changing the leadership in the Department won’t change anything.”163

The President did not really care what facts had been uncovered by theDepartment of Justice. President Trump just wanted the Department to saythe election was corrupt, so he and the Republican Congressmen could exploit the statement in the days to come, including on January 6th. Andwhen Rosen and Donoghue resisted the President’s entreaties, he openly mused about replacing Rosen with someone who would do the President’s bidding. 4.8

CONGRESSMAN SCOTT PERRY CALLS DONOGHUE

Toward the end of the December 27th call, President Trump asked Donoghue for his cell number.164 Later that day, Representative Perry called Donoghue to press the President’s case.165

[snip]

Donoghue took notes during his conversation with Representative Perry and provided those notes to the Select Committee.169 The notes reflect that when Representative Perry called Donoghue on December 27th, Representative Perry explained that President Trump asked him to call and that he, Representative Perry, did not think DOJ had been doing its job on the election.170 Representative Perry brought up other, unrelated matters and argued that the “FBI doesn’t always do the right thing in all instances.”171 Representative Perry also brought up Jeff Clark. He said he liked him andthought that Clark “would do something about this,” meaning the electionfraud allegations.172

On the evening of December 27th, Representative Perry emailed Donoghue a set of documents alleging significant voting fraud had occurred inPennsylvania.173 One document asserted that election authorities had counted 205,000 more votes than had been cast.174 Representative Perry also shared this same claim on Twitter the following day.175 President Trump kept raising the same claim. Sometimes there was an alleged discrepancy of 205,000 votes, other times it was supposedly 250,000 votes.176 Either way, it was not true.

Acting Deputy Attorney General Donoghue forwarded Representative Perry’s email to Scott Brady, who was the U.S. Attorney for the Western District of Pennsylvania at the time.177 As Brady soon discovered, there wasno discrepancy.178 President Trump’s supporters came up with the claim by comparing the Pennsylvania Secretary of State’s website, which reportedthe total number of votes as 5.25 million, to a separate State election registry, which showed only 5 million votes cast.179 The problem was simple: Pennsylvania’s election site had not been updated.180 The totals for four counties had not yet been reported on the election site. Once those votes were counted on the site, the totals matched. This was simply not an example of fraud, as President Trump, Representative Perry and others would have it.

With Trump’s blessing, Louie Gohmert files suit against Mike Pence

One of President Trump’s congressional allies, Representative Louie Gohmert (R–TX), pushed a version of Eastman’s theory in the courts. OnDecember 27, 2020, Representative Gohmert and several of the Trump Campaign’s fake electors for the State of Arizona (including Republican Party Chair Kelli Ward) filed suit against Vice President Pence in the U.S. District Court for the Eastern District of Texas.67 As Ward explained to Marc Short in a phone call the day the suit was filed, President Trump was aware of the lawsuit and had signed off on it: “We wouldn’t have done that without the president telling us it was okay,” she told him.68

In the suit, the Plaintiffs alleged that there were “competing slates” of electors from five States.69 They asked the court to rule that portions of theElectoral Count Act of 1887 were unconstitutional and that “the TwelfthAmendment contains the exclusive dispute resolution mechanisms” for determining an objection raised by a Member of Congress to the electors submitted by any State.70 Essentially, Representative Gohmert was askingthe court to tell Vice President Pence that he was prohibited from followingthe procedures set forth in the Electoral Count Act. Much like Eastman’s theory, the Gohmert plaintiffs asserted that the Vice President has the “exclusive authority and sole discretion” to determine which electoral votes to count.71

Although the Gohmert suit was premised on the same theory Eastman advocated, Eastman did not agree with the decision to file suit. Eastman argued that filing a suit against the Vice President had “close[ ] to zero” chance of succeeding, and there was a “very high” risk that the court would issue an opinion stating that “Pence has no authority to reject the Bidencertified ballots.”72

Trump pardons Stone and they talk about January 6

In July 2020, President Trump granted Stone clemency after he was convicted of lying to Congress and other charges.243 Then, on December 23rd, President Trump pardoned Stone.244 Several days later, at a dinner onthe evening of December 27th, Stone thanked President Trump. In a post on Parler, Stone wrote that he “thanked President Trump in person tonight forpardoning me” and also recommended to the President that he “appoint a special counsel” to stop “those who are attempting to steal the 2020 election through voter fraud.” Stone also wrote that he wanted “to ensurethat Donald Trump continues as our president.”245 Finally, he added: “#StopTheSteal” and “#rogerstonedidnothingwrong.”246 The Select Committee has learned that Stone discussed the January 6th event with the President, likely at this same dinner on December 27th.247 The President told Stone he “was thinking of speaking.”248

Trump gets more involved in planning January 6

On the evening of December 27th, President Trump boosted the upcoming event on Twitter: “See you in Washington, DC, on January 6th. Don’t miss it. Information to follow!”415 The Select Committee learned that this tweet came after the White House spoke with a former Trump staffer, Justin Caporale, who was asked to help produce the Ellipse rally.416 That same evening, the President had dinner with Donald Trump, Jr., and his girlfriend Kimberly Guilfoyle,417 who spoke with rally organizer Caroline Wren during the meal.418 Wren also texted Guilfoyle talking points that described her ambitions for the event, saying that “buses of people are coming in from all over the country to support you. It’s going to be huge, we are also adding in programming the night of January 5th.”419

After Guilfoyle’s call with Wren, there was a series of calls among the senior White House staff,420 likely underscoring the seriousness of the White House’s interest in the event.

Within a few days, the White House began to take a more direct role incoordinating the rally at the Ellipse.421 In a December 29th text to Wren, Caporale wrote that after the President’s planned speech there “maybe [sic] a call to action to march to the [C]apitol and make noise.”422

This is the earliest indication uncovered by the Select Committee that the President planned to call on his supporters to march on the U.S. Capitol. But it wasn’t the last. On January 2nd, rally organizer Katrina Pierson informed Wren that President Trump’s Chief of Staff, Mark Meadows, had said the President was going to “call on everyone to march to the [C]apitol.”423

Inside the White House, the President’s intent was well-known. Cassidy Hutchinson, an aide to Meadows, recalled in her testimony that she overheard discussions to this effect toward the end of December or early January. One such discussion included an exchange between Meadows andRudolph Giuliani that occurred on January 2nd.424 Hutchinson understood that President Trump wanted to have a crowd at the Capitol in connection with what was happening inside—the certification of the electoral count.425 Hutchinson also recalled that President Trump’s allies in Congress were aware of the plan. During a call with members of the House FreedomCaucus, the idea of telling people to go to the Capitol was discussed as a way to encourage Congress to delay the electoral college certification and send it back to the States.426

On January 4th, WFAF’s Kylie Kremer informed Mike Lindell, the CEO of MyPillow and an ally of President Trump, that “POTUS is going to have us march there [the Supreme Court]/the Capitol” but emphasized that the plan“stays only between us.”427

The “Stop the Steal” coalition was aware of the President’s intent. OnJanuary 5th, Ali Alexander sent a text to a journalist saying: “Ellipse thenUS capitol [sic]. Trump is supposed to order us to the capitol [sic] at the endof his speech but we will see.”428

290. Bernard B. Kerik (@BernardKerik), Twitter, Dec. 27, 2020 11:53 a.m. ET, available at https:// twitter.com/bernardkerik/status/1343238609768501253. 291. Bernard B. Kerik (@BernardKerik), Twitter, Dec. 13, 2020 1:05 a.m. ET, available at https:// twitter.com/bernardkerik/status/1338001989846888448.

[snip]

242. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Mark Meadows Production), MM014152 (December 27, 2020 text message at 5:18 p.m. from Mark Meadows to Jordan Fuchs). 243. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Mark Meadows Production), MM014153 (December 27, 2020 text message at 5:20 p.m. from Jordan Fuchs to Mark Meadows).

[snip]

117. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events07282021-000735. 118. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events07282021-000735; Ryan Deto, “Sen. Mastriano and Former State Rep. Saccone among TrumpSupporters who Occupied U.S. Capitol,” Pittsburgh City Paper, (Jan. 6, 2021), available at https://www.pghcitypaper.com/pittsburgh/sen-mastriano-and-former-state-rep-sacconeamong-trump-supporters-who-occupied-us-capitol/Content?oid=18690728; Erin Bamer, “Mastriano Defends Protest Appearance; Other GOP Lawmakers Say Little,” York Dispatch, (Jan. 7, 2021), available at https://www.yorkdispatch.com/story/news/2021/01/07/ mastriano-at-no-point-did-he-storm-us-capitol/6579049002/. 119. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 47-50; see also Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021- 000735.

120. Dan Geiter, “Rally to ‘Stop the Steal’ of the 2020 Election” PennLive, (Nov. 5, 2020) availableat https://www.pennlive.com/galleries/J3FJ24LCKVCT5OW3U2TJ6BV4RE/. 121. See, e.g., Scott Perry for Congress, “#StopTheSteal,” Facebook, November 6, 2020, available at https://www.facebook.com/watch/?v=406418637058079. 122. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 47-48, 53.

123. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 124. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 125. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 126. “Hand Audit of All Presidential Election Votes in Antrim County Confirms Previously Certified Results, Voting Machines Were Accurate,” Michigan Secretary of State, (Dec. 17, 2020), available at https://www.michigan.gov/sos/resources/news/2020/12/17/hand-audit-of-allpresidential-election-votes-in-antrim-county-confirms-previously-certified-result. 127. “Hand Audit of All Presidential Election Votes in Antrim County Confirms Previously Certified Results, Voting Machines Were Accurate,” Michigan Secretary of State, (Dec. 17, 2020), available at https://www.michigan.gov/sos/resources/news/2020/12/17/hand-audit-of-allpresidential-election-votes-in-antrim-county-confirms-previously-certified-result. 128. “Hand Audit of All Presidential Election Votes in Antrim County Confirms Previously Certified Results, Voting Machines Were Accurate,” Michigan Secretary of State, (Dec. 17, 2020), available at https://www.michigan.gov/sos/resources/news/2020/12/17/hand-audit-of-allpresidential-election-votes-in-antrim-county-confirms-previously-certified-result. 129. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of RichardPeter Donoghue, (Oct. 1, 2021), p. 60; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwrittennotes from Richard Donoghue about call with President Trump). 130. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6th?path=/browsecommittee/chamber/house/committee/january6th. 131. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of RichardPeter Donoghue, (Oct. 1, 2021), p. 60. 132. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of RichardPeter Donoghue, (Oct. 1, 2021), p. 60; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwrittennotes from Richard Donoghue about call with President Trump). 133. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 55; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000737 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 134. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 55; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000737 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 135. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 55. 136. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 55-56; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 137. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect. 138. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 54; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 139. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 54; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 140. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 54; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump).

141. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 64; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000741 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 142. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 60. 143. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 60. 144. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 60-61. 145. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 60-61. 146. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 60-61. 147. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 54-55; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000737 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 148. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 54, 58; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000737, HCOR-Pre-Certification-Events-07282021-000738 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 149. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 54, 58; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000737, HCOR-Pre-Certification-Events-07282021-000738 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 150. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 54, 58; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000737, HCOR-Pre-Certification-Events-07282021-000738 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 151. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 58; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000738, HCORPre-Certification-Events-07282021-000739 (December 27, 2020, handwritten notes fromRichard Donoghue about call with President Trump). 152. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 58. Trump also mentioned the possibility of the DOJ saying the “election is corrupt or suspect or not reliable” during a public press conference. “We told him we were not going to do that,” Donoghue explained. Id. at p. 59.

153. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 62; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000740 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 154. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 60; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000739, HCORPre-Certification-Events-07282021-000740 (December 27, 2020, handwritten notes fromRichard Donoghue about call with President Trump). 155. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 61. 156. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect. 157. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect. 158. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect. 159. Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect. 160. Donoghue testified before the Select Committee: “There were isolated instances of fraud. None of them came close to calling into question the outcome of the election in any individual state.” Select Committee to Investigate the January 6th Attack on the United States Capitol, Hearing on the January 6th Investigation, 117th Cong., 2d sess., (June 23, 2022), available at https://www.govinfo.gov/committee/house-january6thSelect. 161. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 62; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-Certification-Events-07282021-000740 (December 27, 2020, handwritten notes from Richard Donoghue about call with President Trump). 162. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 62. 163. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 62. 164. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 65. 165. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 72-75. 166. Dan Gleiter, “Rally to ‘Stop the Steal’ of the 2020 Election,” Penn Live, (Nov. 5, 2020), available at https://www.pennlive.com/galleries/J3FJ24LCKVCT5OW3U2TJ6BV4RE/. 167. Letter from the Office of Rep. Lance Gooden and Signed by 26 other Members of Congress to the President of the United States, Dec. 9, 2020, available at https://www.politico.com/ f/?id=00000176-4701-d52c-ad7e-d7fdbfe50000.

168. Motion for Leave to File Amicus Brief by U.S. Representative Mike Johnson and 125 other Members, Texas v. Pennsylvania, 592 U.S. ____ (Dec. 10, 2020) (No. 155, Orig.), available at https://www.supremecourt.gov/DocketPDF/22/22O155/163550/ 20201211132250339_Texas%20v.%20Pennsylvania%20Amicus%20Brief%20of%20126%20 Representatives%20–%20corrected.pdf. 169. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 72-73; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-CertificationEvents-07262021-000705, HCOR-Pre-CertificationEvents-07262021-000706, (Dec. 27, 2020, handwritten notes). Donoghue’s handwritten notes from the call are dated Dec. 28, 2020, but he confirmed the call took place on Dec. 27. 170. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 72-73; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-CertificationEvents-07262021-000705, HCOR-Pre-CertificationEvents-07262021-000706, (Dec. 27, 2020, handwritten notes). 171. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 72-73; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-CertificationEvents-07262021-000705, HCOR-Pre-CertificationEvents-07262021-000705, (Dec. 27, 2020, handwritten notes). 172. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), p. 73; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-CertificationEvents-07262021-000705, HCORPre-CertificationEvents-07262021-000706, (Dec. 27, 2020, handwritten notes). 173. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-CertificationEvents06032021-000001 – HCOR-Pre-CertificationEvents-06032021-000018. 174. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Department of Justice Production), HCOR-Pre-CertificationEvents06032021-000008. 175. RepScottPerry (@RepScotPerry), Twitter, Dec. 28, 2020 6:01 p.m. ET, available at https:// twitter.com/RepScottPerry/status/1343693703664308225. 176. See Chapter 1. 177. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 74-75. 178. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 75-76. 179. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Richard Peter Donoghue, (Oct. 1, 2021), pp. 75-76.

[snip]

67. Complaint, Gohmert et al. v. Pence, 510 F. Supp. 3d 435, (No. 6:20-cv-0660), (E.D. Tex. Dec. 27, 2020), ECF No. 1. 68. Mike Pence, So Help Me God (New York: Simon & Schuster, 2022), p. 443. 69. Complaint, Gohmert et al. v. Pence, 510 F. Supp. 3d 435, (No. 6:20-cv-0660), (E.D. Tex. Dec. 27, 2020), ECF No. 1. 70. Complaint, Gohmert et al. v. Pence, 510 F. Supp. 3d 435, (No. 6:20-cv-0660), (E.D. Tex. Dec. 27, 2020), ECF No. 1. 71. Complaint, Gohmert et al. v. Pence, 510 F. Supp. 3d 435, (No. 6:20-cv-0660), (E.D. Tex. Dec. 27, 2020), ECF No. 1.

[snip]

244. Amita Kelly, Ryan Lucas, and Vanessa Romo, “Trump Pardons Roger Stone, Paul Manafort And Charles Kushner,” NPR, (Dec. 23, 2020), available at https://www.npr.org/2020/12/23/ 949820820/trump-pardons-roger-stone-paul-manafort-and-charles-kushner. 245. PatriotTakes[American flag] (@PatriotTakes), Twitter, Dec. 28, 2020 3:50 a.m. ET, available at https://twitter.com/patriottakes/status/1343479434376974336. 246. PatriotTakes[American flag] (@PatriotTakes), Twitter, Dec. 28, 2020 3:50 a.m. ET, available at https://twitter.com/patriottakes/status/1343479434376974336; See also Ali Dukakis, “Roger Stone Thanks President Trump for Pardon in Person,” ABC News, (Dec. 28, 2020), available at https://abcnews.go.com/Politics/roger-stone-president-trump-pardon-person/story?id= 74940512. 247. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Kristin Davis, (August 2, 2022), p. 41; Documents on file with Select Committee to Investigate the January 6th Attack on the United States Capitol, (Kristin Davis Production), CTRL0000928609, p. 7 (December 30, 2020, text message from Kristin Davis toChris Lippe at 6:05 p.m.). 248. Documents on file with Select Committee to Investigate the January 6th Attack on the United States Capitol (Kristin Davis Production), CTRL0000928609, p. 7 (December 30, 2020, text message from Kristin Davis to Chris Lippe at 6:05 p.m.).

[snip]

415. Donald J. Trump (@realDonaldTrump), Twitter, Dec. 27, 2020 5:51 p.m. ET, available at https://www.thetrumparchive.com (archived). 416. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Justin Caporale, (Mar. 1, 2022), pp. 20-21. 417. See Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Donald Trump, Jr., (May 3, 2022), p.30; Anthony Man, “At Trump Golf Club in West Palm Beach, Roger Stone Thanks President for Pardon,” Orlando Sun Sentinel, (Dec. 28, 2020), available at https://www.sun-sentinel.com/news/politics/ elections/fl-ne-roger-stone-thanks-trump-pardon-20201228-2ejqzv6e7vhyvf26cxz6e6jysastory.html. 418. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (AT&T Production, Dec. 17, 2021). 419. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Caroline Wren Production), REVU_000444, pp. 1-3 (December 27, 2020, text message from Caroline Wren to Kimberly Guilfoyle at 7:10 p.m.). 420. As revealed in the phone records for the personal cell phones of Max Miller and Anthony Ornato. See Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Verizon Production, Dec. 17, 2021); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Verizon Production, Sep. 23, 2022). The Select Committee also subpoenaed the phone records for the personal cell phones of Robert Peede, Mark Meadows, Dan Scavino, and Justin Caporale. They each filed lawsuits to block the respective phone companies’ production of the phone records, which were still pending at the time of writing. Thus, there may have been additional relevant phone calls among or involving these four of which theSelect Committee is not aware. 421. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Max Miller, (Jan. 20, 2022), pp. 36-37. 422. Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Justin Caporale, (Mar. 1, 2020), p. 44; Documents on file with the Select Committeeto Investigate the January 6th Attack on the United States Capitol (Caroline Wren Production), REVU_0644 (December 29, 2020, text messages with Justin Caporale). 423. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Katrina Pierson, (Mar. 25, 2022), pp. 79-82; Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Caroline Wren Production), REVU_0181 (January 2nd email from Katrina Pierson to CarolineWren and Taylor Budowich). 424. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Cassidy Hutchinson, (Feb. 23, 2022), pp. 32-33, 41; Select Committee toInvestigate the January 6th Attack on the United States Capitol, Continued Interview of Cassidy Hutchinson, (June 20, 2022), pp. 107-08, 135. 425. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Cassidy Hutchinson, (Feb. 23, 2022), p. 42.

426. Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Cassidy Hutchinson, (Feb. 23, 2022), pp. 44-45, 47, 52-54; Select Committee to Investigate the January 6th Attack on the United States Capitol, Continued Interview of Cassidy Hutchinson, (June 20, 2022), p. 87. 427. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Kylie Kremer Production), KKremer5447, p. 3 (January 4, 2021, text message from Kylie Kremer to Mike Lindell at 9:32 a.m.). 428. Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Ali Alexander Production), CTRL0000017718, p. 41 (January 5, 2021 text message with Liz Willis at 7:19 a.m.).

[snip]

41. See Select Committee to Investigate the January 6th Attack on the United States Capitol, Informal Briefing by Steve Jensen, (Nov. 18, 2021). In an email sent by the FBI to the Select Committee on November 8, 2021, the FBI stated that on December 27, the FBI created a system to collect threats related to the “election certification” on January 6 by using a tag, “CERTUNREST.” Despite making multiple requests for the number of guardians that were tagged prior to January 6, the FBI did not provide a precise number. The FBI identified several dozen guardians opened in advance of January 6th that included a reference to January 6, Washington D.C., and either the U.S. Capitol or a specific threat of violence.

 

Yes, DOJ Is Reportedly Investigating the 2018 Election that Trump Just Invoked with Ron DeSantis

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In the wake of Tuesday’s shellacking of Democrats in Florida and the losses of winnable seats by Trump endorsees, Republicans are explicitly discussing Ron DeSantis as if he is the head of the party, in lieu of Trump. That set off a temper tantrum on the second shittiest social media site run by a narcissistic billionaire [sic] in which Trump:

  • Accused Fox of fighting him and likened the focus on DeSantis to the 2016 election
  • Claimed his endorsement of DeSantis in 2018 was a “nuclear weapon” that took out Adam Putnam
  • Took credit for DeSantis’s victory over Andrew Gillum
  • Claimed he “sent in the FBI and the U.S. Attorneys, and the ballot theft immediately ended, just prior to them running out of the votes necessary to win”

This last bullet, which seems to claim that Trump deployed DOJ resources to help DeSantis win, has attracted a great of attention.

It would be utterly corrupt to imagine that Trump used DOJ resources to help in an election — though there is evidence he did in 2020: when Bill Barr’s efforts to undermine the Mike Flynn prosecution released altered Peter Strzok notes that Trump used in an attack on Joe Biden. He of course tried to do far more, going so far as attempting to replace Jay Rosen with Jeffrey Clark to give DOJ sanction to frivolous lawsuits.

Plus, people are far too quickly suggesting this claim is made up entirely, and that there’s no evidence of misconduct in 2018. That’s true not just because Trump’s lies generally have some basis, albeit really tenuous, in reality.

Just ten days ago, after all, the NYT reported that prosecutors on at least two investigative teams (which might actually be prosecutors bringing together networked conspiracies as seemed likely for 14 months), implicitly boosted by cooperation from Joel Greenberg, are investigating the 2018 Stop the Steal effort in Broward County.

The NYT article focused on efforts by Trump’s rat-fucker and friends to shut down challenges to the vote count: a Jacob Engels/Proud Boy mob in Broward County.

President Donald J. Trump and other top Republicans were stoking claims that the election had been stolen, and their supporters were protesting in the streets. Members of the far-right group the Proud Boys and people close to Roger J. Stone Jr., including Representative Matt Gaetz, took part in the action as the crowd was chanting “Stop the Steal.”

The time was 2018, the setting was southern Florida, and the election in question was for governor and a hotly contested race that would help determine who controlled the United States Senate.

Now, four years later, the Justice Department is examining whether the tactics used then served as a model for the attack on the Capitol on Jan. 6, 2021.

In recent months, prosecutors overseeing the seditious conspiracy case of five members of the Proud Boys have expanded their investigation to examine the role that Jacob Engels — a Florida Proud Boy who accompanied Mr. Stone to Washington for Jan. 6 — played in the 2018 protests, according to a person briefed on the matter.

[snip]

The 2018 protests were triggered by the tight outcome of the races for United States Senate and Florida governor. On election night, the Republican Senate candidate, Rick Scott, declared victory over the Democrat, Bill Nelson, but the race was close enough that local officials were set to hold recounts in key locations like Broward County.

Prominent Republicans, including Mr. Trump and Senator Marco Rubio of Florida, suggested on social media that the Democrats were trying to steal the election. Mr. Engels promoted an event in Broward County, writing on Twitter that he was headed there “to handle this situation” and was going to “STOP THE STEAL.”

On Nov. 9, a group of about 100 angry protesters, including members of the Proud Boys, descended on the Broward County elections office, carrying pro-Scott and pro-Trump signs and protesting the recount.

The event drew support from several far-right activists in Florida linked to Mr. Stone — among them, Ali Alexander, who later organized Stop the Steal events around the 2020 election, and Joseph Biggs, a leader of the Proud Boys who has since been charged alongside Mr. Tarrio in the Jan. 6 seditious conspiracy case.

Undoubtedly, the Proud Boys are not the FBI (though the FBI in this phase was far too credulous of the Proud Boys). But given the NYT report, it is nevertheless the case that Trump-related Broward County rat-fuckery in 2018 not only happened but is already under investigation.

It may even be the case that DOJ collected information about such things in near real time. DOJ obtained renewed warrants on three Roger Stone accounts on August 3, 2018. It continued to investigate Stone and associates at least through October 2018. And an investigation into the rat-fucker remained ongoing through his November 2019 trial and into at least April 2020.

Again, that doesn’t mean that Trump’s specific claim — that DOJ was involved in all this — is specifically true. It means that before you dismiss it out of hand, you should ask what bread crumbs of reality this probable lie is based on.

When Trump started threatening DeSantis, I immediately thought of Roger Stone, because collecting dirt with which to exert political pressure is what Trump’s rat-fucker does and because Stone was always active in these same circles. And the Broward County Stop the Steal effort may be the least of it.

As Pre-Election Pause Comes to an End, Look First to Arizona (and Nevada and Georgia)

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Three times — with the Russian investigation, the Ukraine impeachment, and the January 6 insurrection — the GOP had a ready-made opportunity to distance the party from Donald Trump’s corruption. Each time, they not only declined to take that opportunity, but instead consolidated as a party behind Trump.

Given the swirl of investigations around Trump, Republicans will likely will have a fourth opportunity, this time at a moment when Ron DeSantis’ fortunes look more promising than Trump’s own.

That doesn’t mean Republicans will take it. Indeed, there are some Republicans — people like Jim Jordan — whose electoral future remains yoked to Trump’s. There are a even few members of Congress — Scott Perry, above all — whose legal future may lie with Trump.

But the possibility that yesterday’s results will change the Republican commitment to defending Trump at all cost will be an important dynamic in the face of any prosecutorial steps that DOJ takes now that the pre-election pause on such steps is over.

An indictment of Trump is not going to happen today. In the stolen document case, that’s likely true because DOJ will first want to ensure access to the unclassified documents seized in August, something that won’t happen until either the 11th Circuit decision reverses Judge Aileen Cannon’s decision to appoint a Special Master (that will be ripe for a hearing after November 17) or after a judgement from Special Master Raymond Dearie on December 16 that Cannon chooses to affirm. It’s not impossible, however, that DOJ will take significant actions before then — perhaps by arresting one or more of Trump’s suspected co-conspirators in hoarding the documents, or by executing warrants at other Trump properties to find the documents still believed to be missing.

In the January 6 case, DOJ’s unlikely to take action against Trump himself anytime soon because — by my read at least — there’s still a layer of charges DOJ would have to solidify before charging Trump, both in the prong working up from the crime scene (Roger Stone’s name continues to come up regularly in both the Oath Keeper and Proud Boys cases), and in the fake elector plot. With the testimony of Pence’s key aides secured before the election, Trump’s targeting of his Vice President may be the part of the investigation closest to fruition. There are probably phones — like those of Boris Epshteyn and John Eastman — that DOJ has not finished exploiting, which would have to happen before any charges.

Remember that the phone of Scott Perry — one member of that closely divided House — is among those being exploited right now.

In fact, particularly given the outstanding vote, a more interesting step DOJ might soon take would affect Arizona, even as the close election is settling out. There were several states where DOJ subpoenaed the bulk of those involved in the fake elector plot (here are two summary posts — one, two — of the most recent overt investigative steps). There’s one state, and I think it is Arizona (I’m still looking for the report), where everyone blew off these subpoenas. Mark Finchem is one of the people named on the subpoenas (though he appears to have clearly lost his bid to become Secretary of State).

In other words, in several states (NV, GA, and PA are others), DOJ was preparing the work to unpack the role of key Republicans in both states. Unpacking that role almost necessarily precedes a Trump indictment. But it will also significantly affect the electoral aftermath of these close states.

And all that’s before you consider that Fani Willis’ own pre-election pause will also end. Indeed, Newt Gingrich lost a bid to kill a subpoena in that investigation today.

As noted, the GOP calculus on how to respond to these investigations could change now that Trump has proven a loser once again (or maybe not!). But it’s worth remembering that top Republicans in at least four swing states — swing states that are still counting votes — are implicated in that investigation.

The Roger Stone Convergence at the Winter Palace

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There was a status hearing in the Owen Shroyer case last week that was so short it was over by the time I had entered the dial-in code. Shroyer, you’ll recall, is the Alex Jones sidekick who was charged for violating his specific prohibition on being an asshole at the Capitol. His lawyer, Norm Pattis, happens to be the lawyer who sent a large swath of Alex Jones’ data to the Texas Sandy Hook plaintiffs, and then presided over the $1 billion judgement in the Connecticut Sandy Hook lawsuit. On June 14, Pattis noticed his appearance on Joe Biggs’ legal team, effectively giving him visibility on how badly the discovery in the Proud Boy case implicates Shroyer and Jones and Ali Alexander. Shroyer appears to be stalling on his decision about whether he wants to enter a plea agreement — one that would presumably require some cooperation — or whether he wants to stick around and be charged in a superseding indictment along with everyone else.

Shroyer has until November 29 to make that decision, around which time I expect a Roger Stone convergence to become more clear.

The Roger Stone convergence has been coming for some time (I’ve been pointing to it for at 14 months). Yesterday, NYT reported that one means by which it is coming is in the dissemination of the We the People document laying out plans to occupy buildings — under the code “Winter Palace” — which the FBI found on the Enrique Tarrio phone it took over a year to exploit.

As I laid out here, the document is important because it shows Tarrio’s motive on January 6 in his assertion that “every waking moment consists of” planning for revolution.

41. Between December 30 and December 31, 2020, TARRIO communicated multiple times with an individual whose identity is known to the grand jury. On December 30, 2020, this individual sent TARRIO a nine-page document tiled, “1776 Returns.” The document set forth a plan to occupy a few “crucial buildings” in Washington, D.C., on January 6, including House and Senate office buildings around the Capitol, with as “many people as possible” to “show our politicians We the People are in charge.” After sending the document, the individual stated, “The revolution is important than anything.” TARRIO responded, “That’s what every waking moment consists of… I’m not playing games.”

And an exchange he had with now-cooperating witness Jeremy Bertino that they had succeeded in implementing the Winter Palace plan shows that Tarrio recognized that occupying buildings was part of his plan.

107. At 7:39 pm, PERSON-1 sent two text messages to TARRIO that read, “Brother. ‘You know we made this happen,” and “I’m so proud of my country today.” TARRIO responded, “I know” At 7:44 pm. the conversation continued, with PERSON-1 texting, “1776 motherfuckers.” TARRIO responded, “The Winter Palace.” PERSON-1 texted, “Dude. Did we just influence history?” TARRIO responded, “Let’s first see how this plays out.” PERSON-1 stated, “They HAVE to certify today! Or it’s invalid.” These messages were exchanged before the Senate returned to its chamber at approximately 8:00 p.m. to resume certifying the Electoral College vote.

The NYT story reveals that Eryka Gemma is the person who sent the document to Tarrio, but she was not its author.

As a part of the investigation, prosecutors are seeking to understand whether Mr. Engels has ties to a little-known Miami-based cryptocurrency promoter who may have played a role in the Capitol attack.

A week before the building was stormed, the promoter, Eryka Gemma, gave Mr. Tarrio a document titled “1776 Returns,” according to several people familiar with the matter. The document laid out a detailed plan to surveil and storm government buildings around the Capitol on Jan. 6 in a pressure campaign to demand a new election.

[snip]

The federal indictment of Mr. Tarrio says that the person who provided him with “1776 Returns” told him, shortly after it was sent, “The revolution is more important than anything.” That person was Ms. Gemma, according to several people familiar with the matter.

But Ms. Gemma was not the author of “1776 Returns,” which was written by others, first as a shared document on Google, the people said.

It remains unclear who the original authors were.

It may be unclear or detrimental to the sources for this story who originally wrote the document; it’s probably not to investigators who can simply send a warrant to Google.

And whether because investigators know who wrote the document or for some other reason (such as that they have just a few more weeks of pre-sentencing cooperation with Joel Greenberg), they’re trying to understand whether this document, laying out a plan to occupy buildings, had an analogue in the Florida-based riots that key Roger Stone associate, Jacob Engels, staged in 2018 in an attempt to thwart any delays in certification for Rick Scott (and Ron DeSantis, who gets a positive shout out by name in the Winter Palace document).

On Nov. 9, [2018] a group of about 100 angry protesters, including members of the Proud Boys, descended on the Broward County elections office, carrying pro-Scott and pro-Trump signs and protesting the recount.

The event drew support from several far-right activists in Florida linked to Mr. Stone — among them, Ali Alexander, who later organized Stop the Steal events around the 2020 election, and Joseph Biggs, a leader of the Proud Boys who has since been charged alongside Mr. Tarrio in the Jan. 6 seditious conspiracy case.

The NYT describes this line of inquiry as happening via two different sets of prosecutors, which is a sign of either convergence or simply the networked structure that DOJ’s approach, using parallel and (through Stone) intersecting, conspiracy indictments clearly facilitated (Shroyer’s prosecution team, incidentally, features an Oath Keeper prosecutor and a key assault prosecutor).

In recent months, prosecutors overseeing the seditious conspiracy case of five members of the Proud Boys have expanded their investigation to examine the role that Jacob Engels — a Florida Proud Boy who accompanied Mr. Stone to Washington for Jan. 6 — played in the 2018 protests, according to a person briefed on the matter.

The prosecutors want to know whether Mr. Engels received any payments or drew up any plans for the Florida demonstration, and whether he has ties to other people connected to the Proud Boys’ activities in the run-up to the storming of the Capitol.

Different prosecutors connected to the Jan. 6 investigation have also been asking questions about efforts by Mr. Stone — a longtime adviser to Mr. Trump — to stave off a recount in the 2018 Senate race in Florida, according to other people familiar with the matter.

While the NYT describes (breaking news!) that Engels was one of the people who in 2019, along with Tarrio, crafted an attack on the judge presiding over Roger Stone’s case, Amy Berman Jackson, it does not note that the Stop the Steal effort dates back two years earlier than the 2018 riot, to voter intimidation efforts that Stone pursued that look similar to the current drop box intimidation effort being disseminated via Trump’s shitty social media website (NYT does mention the Brooks Brothers riots in 2000 and notes the participants “apparently work[ed] with Mr. Stone” — more breaking news).

Nor does it describe the backstory to how Biggs showed up in Florida in 2018, fresh off his ouster from InfoWars after playing a key role in both the PizzaGate and Seth Rich hoaxes, both part of a Russian info-op that Stone played a key role in. But it’s part of the prehistory of the Proud Boys that prosecutors are now tracing.

I have no idea whether the very clear 2016 precedent is part of this. DOJ wouldn’t need to do (much) fresh investigation of it because Mueller and DC USAO did quite a bit of investigation before Bill Barr torched the investigation all to hell and then Trump pardoned Stone to avoid being implicated himself. But if it was part of this, no one who would share those details with NYT would know about it unless and until it was indicted. That’s even true of the 2019 incident; DOJ did at least some investigative work into the funding of that, the same questions being asked now about how Engels organized the 2018 riot.

But whether this investigative prong extends no further back than 2018 or whether it includes the Stone Stop the Steal activity that demonstrably paralleled a Russian effort, it does seem that DOJ is investigating how the prior history of the Proud Boys parallels these efforts to undermine democracy and did so in the place — Miami — where the Proud Boys, schooled by the master rat-fucker, are increasingly taking on an official role.

That may not be an investigation about Engels’ actions, directly (though he has long been in the thick of things). Rather, it may be an investigation into resources that were consistent throughout these developments.

Friends of Sedition: The Networked January 6 Conspiracy

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I’d like to look at several developments in recent days in the interlocking January 6 investigations.

First, as I noted Friday, the January 6 Committee subpoena to the former President focuses closely on communications with or on behalf of him via Signal. It specifically asks for communications with the Proud Boys and Oath Keepers (including on Signal). And Roger Stone is the first person named on the list of people all of whose post-election communication with Trump (including on Signal) the Committee wants. Clearly, the Committee has obtained Signal texts from others that reflect inclusion of the then-President and expects they might find more such communications, including some involving Stone and the Proud Boys and Oath Keepers.

Then, on Friday, one of the the main Proud Boy prosecutors, Erik Kenerson, asked to continue Matthew Greene’s cooperation for another 120 days, which would put the next status update in late February, over a month after the Proud Boy leader’s trial should be done. There are, admittedly, a great number of Proud Boy defendants who will go to trial long after that, but Greene doesn’t know many of them (he had just joined the Proud Boys and mostly interacted with other New York members like Dominic Pezzola). Nevertheless, prosecutors seem to think he may still be cooperating after the first big trial.

Those details become more interesting given how DOJ is presenting the Oath Keeper conspiracy at trial. Last Thursday, DOJ added the various communication channels each participant was subscribed to on their visual guide of the various co-conspirators.

It’s not surprising they would do that. To prove the three conspiracies these defendants are charged with, DOJ needs to prove each entered into an agreement to obstruct the vote certification, obstruct Congress, and attack the government. DOJ is relying on the various statements in advance of (and, for sedition, after) January 6 to show such intent. The fact that an intersecting collection of Signal channels incorporated most of the charged defendants will go a long way to show they were all willfully part of these three conspiracies.

But as you can see with Elmer Stewart Rhodes and Kellye SoRelle (circled in pink), DOJ has included Stone’s Signal channel — Friends of Stone — along with the Oath Keeper ones. As DOJ laid out last week, in addition to Rhodes and SoRelle, Enrique Tarrio, Alex Jones, and Ali Alexander were on the FOS channels, in addition to Stone himself.

DOJ has included things Rhodes said on the FOS chat in its timeline leading up to and on January 6. Significantly, at 2:28 on January 6, Rhodes informed the FOS chat that they were at “the back door of the Capitol.” (See the context in Brandi Buchman and Roger Parloff live threads.)

The thing is, many of the participants in FOS that prosecutors have, thus far, identified as participating in the chat (SoRelle, Ali Alexander, and Alex Jones) and most of the Oath Keepers were there on the East side of the Capitol or had only recently left. So was Owen Shroyer, who was also on FOS; he had been on the top of the stairs with Alexander and Jones.

Enrique Tarrio is one exception. He wasn’t present at the East side of the Capitol, but he was following along closely on social media — and likely already knew what was happening on the East side of the Capitol from Joe Biggs, who went through the East doors right along with the Oath Keepers.

Which means the only person mentioned so far who now needed to be told where the Oath Keepers were was Stone, back at the Willard.

We learned one more thing recently, at the last January 6 Committee hearing.

At 1:25PM — after the attack on the Capitol had started — Trump’s Secret Service detail was still planning on bringing him to the Capitol two hours later, around 3:30. That was after, per a video clip in which Nancy Pelosi said she would punch Trump if he showed up, Secret Service told Pelosi they had talked him out of coming.

But 18 minutes after Rhodes told the Friends of Stone list where the Oath Keepers were, at 2:46, Joseph Hackett came out of the Capitol and looked around, as if he was expecting someone to show up.

The fact that Rhodes was updating the FOS list from the Capitol suggests he may have been getting feedback from Stone and whoever else was on the list, including those who may have been coordinating with the then-President.

And whatever else DOJ’s use of the FOS list as part of this conspiracy does, it establishes the basis to argue that those coordinating on the FOS list were, themselves, in a conspiracy together: Rhodes and SoRelle with Tarrio (whom both met in the parking garage) and Alex Jones and Ali Alexander and Stone.

Just as importantly, it would network the conspiracies. That would put all the various Proud Boys taking orders from Tarrio in a conspiracy with those on the FOS list. It would put all the Oath Keepers conspiring with Rhodes and SoRelle in a conspiracy with those on the FOS list.

And it would put those on the FOS list in a conspiracy with those directing the attack on the Capitol.

I laid out over 14 months ago that, if DOJ were to charge Trump in conjunction with the attack on the Capitol, it would likely be part of an intersecting conspiracy with those already being charged.

Finally, if DOJ were to charge Trump, they would charge him in a conspiracy to obstruct the vote count that intersected with some of the other conspiracies to obstruct the vote count, possibly with obstruction charges against him personally. In general, I don’t think DOJ would charge most of Trump’s discrete acts, at least those conducted before January 20, as a crime. There are two possible exceptions, however. His call to Brad Raffensperger, particularly in the context of all his other efforts to tamper in the Georgia election, would have been conducted as part of campaigning (and therefore would not have been conducted as President). It seems a clearcut case of using threats to get a desired electoral outcome. It’s unclear whether Trump’s request that Mike Pence to commit the unconstitutional action — that is, refusing to certify the winning electoral votes — would be treated as Presidential or electoral. But that demand, followed closely with Trump’s public statements that had the effect of making Pence a target for assassination threats, seems like it could be charged on its own. Both of those actions, however, could and would, in the way DOJ is approaching this, also be overt acts in the conspiracy charged against Trump.

In the last two weeks, DOJ has started to show how those conspiracies intersect.

Unsurprisingly, they intersect right through the former President’s rat-fucker.

Update; Corrected Pelosi timing, per Nadezhda.

Update: Tried to clarify that Tarrio was on the chat but was not (as the Oath Keepers, Jones, and Alexander were) on the East side of the Capitol.

Trump Subpoena: The Revolution Will Not Be Signaled

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The January 6 Committee has released the subpoena it sent to the former President.

It requires document production by November 4 and a deposition starting on November 14. Notably, the first deadline is before the election.

It focuses not just on Trump’s attempt to overturn the election, summon mobsters, and raise money off of it. There are several questions focused on obstruction: both document destruction and witness tampering.

The witness tampering one reads:

All documents, including communications sent or received through Signal or any other means, from July 1, 2021, to the present, relating or referring in any way to the investigation by the Select Committee and involving contacts with, or efforts to contact: (1) witnesses who appeared or who were or might be expected to appear before the Select Committee, including witnesses who served as White House staff during your administration, who served as staff for your 2020 campaign, and who served or currently serve in the United States Secret Service; or (2) counsel who represented such witnesses. The documents referenced in (1) and (2) include but are not limited to any communications regarding directly or indirectly paying the legal fees for any such witnesses, or finding, offering, or discussing employment for any such witnesses, and any communications with your former Deputy Chief of Staff Anthony Ornato or any employee of the Secret Service with whom you interacted on January 6, 2021.

The subpoena mentions Signal at least 13 times. Which strongly suggests the President was in direct communication with some of the coup plotters via the mobile app.

The Trump associates named in the subpoena include:

  • Roger Stone
  • Steve Bannon
  • Mike Flynn
  • Jeffrey Clark
  • John Eastman
  • Rudy Giuliani
  • Jenna Ellis
  • Sidney Powell
  • Kenneth Chesebro
  • Boris Epshteyn
  • Christina Bobb
  • Cleta Mitchell
  • Patrick Byrne

The subpoena even asks him for communications involving the Oath Keepers, Proud Boys, “or any other similar militia group or its members” from September 1, 2020 to the present.

The subpoena also asks the former President for all communications devices he used between November 3, 2020 and January 20, 2021. In the Stone trial, there were about nine devices identified on which he may have received a call during the 2016 election, and there are several others — such as that of his then bodyguard Keith Schiller — who weren’t discussed in the trial. Tony Ornato also receives a close focus in this subpoena; I wonder if he was receiving calls for the then-President on the Secret Service phone that has since been wiped.

 

Bill Barr Complains that His Special Counsel Was Unable to Match Robert Mueller’s Record of Success

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Even before the Igor Danchenko trial, Billy Barr declared victory in defeat — arguing that if John Durham could just “fill in a lot of the blanks as to what was really happening,” the inevitable acquittal would still give Durham an opportunity to spin fairy tales about what Durham imagines happened.

“What these cases show is that these are difficult cases to win,” Barr said. “There’s a reason it takes so long, and you have to build up the evidence because at the end of the day, you’re going before these juries that aren’t going to be disposed to side with the people they view as supporting Trump.”

Danchenko is slated to go on trial next month on charges of lying to the FBI about the Steele dossier, for which he was the main source. The dossier claimed that Trump and members of his campaign and company had established extensive ties to the Russian government and had colluded during the 2016 election.

The trial is widely expected to be the final criminal prosecution from Durham’s investigation before he submits a report of his findings to Attorney General Merrick Garland.

But despite Durham’s limited success in the courtroom, Barr defended the investigation he ordered, saying the courtroom was allowing Durham to establish a record of what had occurred with the so-called Russiagate investigation.

“I think Durham got out a lot of important facts that fill in a lot of the blanks as to what was really happening,” Barr said. “My expectation is … the Danchenko trial will also allow for a lot of this story to be told, whether or not he’s ultimately convicted. I hope he’s convicted, but if he isn’t, I still think it provides an avenue to tell the story of what happened.”

Like an obedient puppy, Durham did use the trial as an opportunity to get extraneous details into the public record. On top of the $1 million dollar offer that Brian Auten said, vaguely, Christopher Steele might have gotten if he had corroborated the dosser — which has been treated like an FBI attempt to bribe a source for dirt on Trump and as the most exonerating possible detail, rather than an effort to investigate a real threat to the country — Durham went out of his way to give the full names of people at various meetings so Carter Page and Donald Trump can add them to lawsuits.

Mind you, along the way, the trial also revealed the FBI’s own assessment of Danchenko’s cooperation, which contributed to 25 investigations and which Barr burned to a crisp by exposing him, with Lindsey Graham’s help, as a source in 2020.

Q. And you were concerned, in July of 2020, when you became aware that Attorney General Barr was going to release a redacted version of Mr. Danchenko’s interview in January of 2017?

A. Yes.

Q. You were upset about that?

A. I was.

Q. You found out about that during a telephone conference, right?

A. I did.

Q. And you disagreed with that decision?

A. I did.

Q. The OIG had already completed a report on that investigation, correct?

A. Yes.

Q. And you thought that the release of that document was dangerous?

A. Yes.

Q. You even wrote up a memo of that phone call you were on in July of 2020 where you learned that they were going to publish a redacted version of his interview, correct?

A. I did.

[snip]

Q. And within an hour of Mr. Danchenko’s January interview being released to the senate judiciary committee, the senate judiciary committee, I won’t say who, released it to the public?

A. They did.

[snip]

Q. So, Agent Helson, you wrote in October of 2020 that from 2017 until present day, Mr. Danchenko had provided information on at least 25 FBI investigations assigned to at least six field offices?

A. Correct.

Q. In addition, he aided the United States Government by introducing the United States Government to a sub-source who had provided additional information separate to his report, correct?

A. Correct.

[snip]

Q. And it’s noted that he — his reporting contributed to at least 25 active FBI investigations.

[snip]

Q. In July of 2020 his identity became public after the release of the redacted version of his interview in January of 2017. Since that public disclosure, he has received threatening messages via social media and email. It’s resulted in significant damage to his reputation from false and baseless claims aimed to undermine his credibility. Those are your words, correct?

A. Correct.

Q. The Washington Field Office had assessed that this will have negative ramifications with respect to his ability to provide for his family via personal income for the foreseeable future, correct?

A. Correct.

Q. And while the FBI cannot promise complete anonymity to anyone who provides information, his identity became public only after the decision was made to release the redacted version of his interview, correct?

A. Correct.

Q. As a result of that act, his ability to continue to provide information viable to the FBI is diminished as is his ability to provide financial support to his family.

After the trial, Barr has been spending time on Fox News declaring — as much of the frothy right has — that this record, of how he deliberately harmed national security for revenge, exposed the corruption of what Barr calls “Russiagate,” the moniker frothers use to distract from the real substance of the Russian investigation.

I was disappointed, obviously. I think they did a good job prosecuting the case. Their ability to put evidence on, in a very difficult case, was limited by some rulings, and they weren’t able to get access to some witnesses overseas. So it was a tough — it was a tough case, so this should show people that it’s hard to win these cases, and sometimes it takes time to … to achieve justice. But as people say — I think Andy McCarthy said — the real public interest being served here was exposing the full extent of the corruption that was involved in Russiagate [sic] and the abuse by the FBI in that whole episode. And I think Durham is going to get a report out that’s gonna lay out all the facts.

Barr and everyone else are pointing to the exposures they and Durham made to justify their actions because they didn’t have evidence to support their claims.

Barr is whining that getting false statements convictions is hard. But Robert Mueller was able to prove that:

  • Alex Van der Zwaan lied to cover up his efforts, in conjunction with Konstantin Kilimnik and Rick Gates, to cover up Manafort’s effort to spin Ukraine’s politicized Yulia Tymoshenko prosecution during the 2016 election
  • George Papadopoulos lied to cover up his advance knowledge of the Russian effort to help Trump
  • Mike Flynn lied to cover up his back channel calls with Sergei Kislyak to undermine Obama Administration policy (and also that he was a paid agent of Turkey during the campaign)
  • Michael Cohen lied to hide the secret negotiations he had directly with the Kremlin about an impossibly lucrative real estate deal
  • Paul Manafort conspired to cover up a front organization he set up with Konstantin Kilimnik and (at a preponderance of the evidence standard) lied to cover up his August 2016 meeting with Kilimnik
  • Roger Stone lied and intimidated Randy Credico to cover up his real back channel to the Russian operation

I mean, Robert Mueller had no problem getting convictions, whether from guilty pleas, jury verdicts, or (in the case of Manafort’s lies about the August 2, 2016 meeting) a judge’s ruling.

One reason he had no problem was that these defendants were generally guilty of a lot more than just lying. It’s a lot easier to get Flynn to admit he lied about his back channel discussions with the Russian Ambassador, after all, when he was also on the hook for secretly being an agent of Turkey. It’s lot easier to get Papadopoulos to admit he lied about his advance warning of the Russian operation when he’s trying to stave off foreign agent charges tied to Israel. It’s a lot easier to get a jury verdict against Stone when he spent months plotting out his lies with multiple people on emails.

Mueller wasn’t able to get false statement verdicts from everyone, mind you. For example, because Steve Bannon and Erik Prince deleted their texts from early January 2017, Mueller did not charge them for false statements made to cover up meetings to set up a back channel with UAE and Russia. That’s one lesson that Durham should have taken to heart: Absent the mobile app records from Sergei Millian and Igor Danchenko, he had no way of knowing whether Millian called Danchenko on July 26, 2016.

That’s not the only evidentiary complaint Barr makes here. He’s complaining that Durham was unable to get hearsay admitted against Danchenko. He’s angry that Durham was not permitted to introduce Millian’s wild Twitter boasts as evidence without requiring Millian to show up and make those claims under oath. And he’s complaining that Durham wasn’t able to introduce his pee tape conspiracies without charging it.

But the most alarming of the former Attorney General’s statements — before and after the trial — embrace the notion that it is a proper goal of failed prosecutions to expose information that does not rise to the level of criminality.

As I’ll show in a follow-up, the Durham fiasco is part of a piece of Barr’s larger actions, both his other failed prosecutions — most notably, that of Greg Craig — but also his efforts to undo the convictions for which there was no reasonable doubt of guilt.

It’s not enough to talk about Durham’s unprecedented failure … it’s not enough to note that Durham and his prosecutors repeatedly failed to take basic investigative steps before embracing and charging conspiracy theories that juries didn’t buy … it’s not enough to note how, in an attempt to prove those conspiracy theories, Durham and his prosecutors and abused the prosecutorial system.

Durham’s entire project is a continuation of Barr’s unprecedented politicization of DOJ, one that not only places Republicans attempting to secretly work for hostile nations above the law, but that has made the country far less safe in many other ways.

It’s not just Durham prosecuted two men without any real hope of winning conviction, all to expose things that aren’t crimes. It’s that Billy Barr hired him to do just that.

Return to Sender: DOJ Seized Evidence that Up to 90 Highly Sensitive Documents May Have Disappeared

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As you read the more detailed inventory unsealed by Judge Aileen Cannon, keep in mind that Trump is under investigation not just for unlawful retention of classified documents, but also under both 18 USC 2071 and 18 USC 1519, for concealing documents and (under just 2071) for removing them.

And one of the most notable details about the inventory (aside from the fact that the Roger Stone pardon is classified Secret) is the number of empty folders:

  • Item 2: The leatherbound box, containing news clippings dated 1/2017 to 10/2018
    • 43 empty folders with CLASSIFIED banners
    • 28 empty folders labeled Return to Staff Secretary/Military Aide
  • Item 15: Box A-28, containing news clippings dated 10/2016 to 11/2018
    • 2 empty folders with CLASSIFIED banners
    • 2 empty folders labeled Return to Staff Secretary/Military Aide
  • Item 18: Box A-35, containing news clippings dated 1/2018 to 12/2019
    • 2 empty folders labeled Return to Staff Secretary/Military Aide
  • Item 23: Box A-39, containing clippings dated 11/2016 to 6/2018
    • 8 empty folders labeled Return to Staff Secretary/Military Aide
  • Item 25: Box A-41, containing clippings dated 10/2016 to 11/2017
    • 1 empty folder with CLASSIFIED banners
  • Item 33: Box A-33 (includes potentially privileged documents), containing clippings dated 2/2017 to 2/2018
    • 2 empty folders with CLASSIFIED banners
    • 2 empty folders labeled Return to Staff Secretary/Military Aide

All told, then, there are 48 empty CLASSIFIED document folders and 42 empty “Return to Staff Secretary/Military Aide” folders. Each of those is a highly sensitive — and now potentially missing — document.

Update: I’ve added the two empty CLASSIFIED folders in Item 15 and adjusted the headline.

Update: Here’s my initial pass at the inventory (I need to proof the numbers; my missing Secret document happened to be Roger Stone!). An important point: Every one of the boxes seized had at least 2 government documents in it. Altogether, the FBI seized over 11,000 documents without classification markings.