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Merrick Garland Agreed He Would Go after January 6 Kingpins, if Evidence Merits

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There continue to be questions about how we’ll ever get accountability for January 6 without a January 6 commission to do that work.

In an exchange yesterday, for example, Bart Gellman asked what questions we’d most want a January 6 commission to answer, and I responded, “Why there’s such a broad belief that a criminal investigation won’t answer those questions.” In response, NYT’s Alan Feuer speculated that,

DOJ’s 500ish criminal cases will not ultimately touch the potential liability in 1/6 of political figures including but not restricted to the former president.

This prosecution writ large is (speculation alert) likely to be restricted to verifiable perpetrators, not possible instigators. The range of crimes (s.a.) are likely to include the known ambit: obstruction, assault, civil disorder, trespass etc. Sedition may not be charged.

Things can change. Evidence can emerge. But after five months, it seems unlikely (speculation alert) that DOJ is assuming the responsibility for searching out root causes as opposed to building demonstrably provable cases.

I think Feuer’s is a fair observation, though I disagree that holding “instigators” accountable is at all the same as “searching out root causes.”

In my opinion, it is way too premature to judge where a complex investigation will lead after only five months, which is an infancy in terms of such things (it took almost exactly a year from the time that FBI got the tip about George Papadopoulos until he was arrested, the first arrest of the Mueller investigation, which itself was lightning fast). And while it is true that the current universe of charges includes those crimes Feuer lays out — obstruction, assault, civil disorder, trespass — even that list leaves out conspiracy. The boilerplate description DOJ uses to describe the complexity of the investigation notes that such a list (which includes conspiracy) is non-exclusive.

The spectrum of crimes charged and under investigation in connection with the Capitol Attack includes (but is not limited to) trespass, engaging in disruptive or violent conduct in the Capitol or on Capitol grounds, destruction of government property, theft of government property, assaults on federal and local police officers, firearms offenses, civil disorder, obstruction of an official proceeding, possession and use of destructive devices, and conspiracy.

Importantly, if we believe Merrick Garland’s response to a Sheldon Whitehouse question in his confirmation hearing, the Attorney General is committed to let the investigation proceed wherever the evidence leads, specifically to include “funders, organizers, ring leaders” and even any kingpins to this insurrection.

Whitehouse: With respect to January 6, I’d like to make sure that you are willing to look upstream from the actual occupants who assaulted the building, in the same way that in a drug case, you would look upstream from the street dealers to try to find the kingpins, and that you will not rule out investigation of funders, organizers, ring leaders, or aiders and abettors who were not present in the Capitol on January 6. Fair question?

Garland: Fair question. And again, your law enforcement experience is the same as mine, investigations — investigations, you know, I began as a line Assistant US Attorney and was a supervisor, we begin with the people on the ground and we work our way up to those who were involved and further involved. And we will pursue these leads wherever they take us. That’s the job of a prosecution.

That’s why I wrote these three posts:

Together, those posts argue that if any kingpins will be held accountable, it will be through a conspiracy prosecution. I note that one of the conspiracies has already reached back to the Willard Hotel, where Roger Stone was staying and where the call patterns suggest possible consultation with people present at the hotel. And I suggest that not only will there will be further conspiracies (I’m pretty confident about that prediction) but there may be more complex prosecutions tied to people who were involved in the rallies rather than the riot or who were discussed explicitly with Rudy Giuliani (I’m far less confident about that possibility).

That doesn’t mean Donald Trump, or even Roger Stone or Rudy Giuliani, are going to prison. It’s not clear what kind of evidence is out there. It’s not clear how loyal these famously paranoid people will be without the constant dangle of pardons that Trump used to buy silence during the Mueller investigation.

But even in what we’ve seen, we’ve seen a focus on who paid for things (such as the payment to Joshua James’ wife tied to “protecting” Roger Stone), who organized buses (there are at least four defendants involved with such things) or otherwise funded transportation, as well as media promotion both before and media communications while at the insurrection worked. Thus far, Charles Donohoe is the primary person who was charged in an organizational role but who didn’t enter the Capitol, but the Proud Boys and Oath Keeper conspiracies seem pretty focused on Enrique Tarrio and Stewart Rhodes (I’m not sure how useful Rhodes would be to map out the larger conspiracy).

And that’s just what we’ve seen. We recently learned that the President’s own lawyer still doesn’t know that the investigation of Michael Cohen had started eight months before he got involved in an effort to dangle pardons, long after Mueller had already obtained Cohen’s Trump organization emails. We have no idea whose lives the FBI are unpacking with warrants that are not showing up in arrest affidavits. Certainly, the FBI and DOJ are getting far more thoughtful about what gets shared publicly when.

My point is assuredly not to promise that Roger Stone and Rudy Giuliani will go to prison. But the question of the possible scope of the January 6 investigation, as distinct from the likely one, is dictated primarily by the structure of the conspiracy uniting people who legitimately entered into an agreement with each other to achieve the goal that every currently charged conspiracy shares: to obstruct the certification of the vote count on January 6. If Trump’s associates entered into an agreement with the Proud Boys and Oath Keepers, if there’s evidence of them doing so, and if marginally credible witnesses are willing to trade cooperation for less time in prison, then some kind of accountability is possible, albeit still highly unlikely.

That probably does rule out some accountability, even assuming a best case scenario. For example, with a few possible exceptions, I see no way that the conduct of members of Congress would get beyond Speech and Debate protections. Similarly, I don’t see how any conspiracy investigation would work its way up from the crimes at the Capitol to incorporate anyone at DOD stalling the National Guard response.

But as I noted to Gellman, I want to know the basis for certainty about what the investigation might discover. Because the investigation is already just two degrees of separation from Donald Trump via both Rudy and Stone, and that’s just what we can see looking at what prosecutors have been willing to share.

OpSec Confusion on the Oath Keeper Conspiracy

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I write a lot about the comms the Oath Keepers used to plan insurrection. There was the post about how they figured out, too late, not to plan an insurrection on Facebook; of the five counts of obstruction on the Oath Keeper indictment released Sunday, two pertain to Facebook. Then there was the post where I cataloged how many social media platforms were described in the last iteration of the indictment against them.

  • A leadership list on Signal they appear to have obtained from either Watkins and/or Kelly Meggs
  • Open channels on Zello, possibly separate ones for each large event
  • Telephony chats and texts, including during January 6
  • MeWe accounts
  • Way too much blabbing on Facebook, followed by a foolish belief they could delete such content
  • Parler for further blabbing
  • Stripe for payment processing (possibly for dues)
  • GoToMeeting for operational planning

The remaining three obstruction charges pertain to this social media activity, one — for Joshua James — specifically describing his attempt to delete and burn the “[S]ignal comms about the op.”

Add hand-written ProtonMail attachments to the toolchest

It turns out I should have included ProtonMail in that list, because both the addresses to which Laura Steele sent her vetting application to join the Oath Keepers on January 3 were ProtonMail addresses, but the government only laid that out in their unsuccessful bid to keep her detained, in an attempt to use its encryption to ascribe to her that operational security.

On the evening of January 3, 2021, Defendant Steele emailed a membership application and vetting form to the Oath Keepers of Florida.4 She copied Defendant Young on the email, and wrote: “My brother, Graydon Young told me to submit my application this route to expedite the process.” Under the section for “CPT Skill Sets (Community Preparedness Team) Experience or Interests,” she checked “Security.” Under “Skillsets,” she wrote: “I have 13 years of experience in Law Enforcement in North Carolina. I served as a K-9 Officer and a SWAT team member. I currently work Private Armed Security for [company name redacted]. I am licensed PPS through the North Carolina Private Protective Services.”

Within 10 minutes, Defendant Steele sent another email, this one directly to Defendant Kelly Meggs’s email account at Proton Mail, again copying Defendant Young. She again attached her application and vetting form, and wrote: “My brother, Graydon Young told me to send the application to you so I can be verified for the Events this coming Tuesday and Wednesday.”

The following day (January 4), Defendant Steele sent the same materials to yet another Oath Keepers email address at Proton Mail. On her email, she copied co-defendants Kelly Meggs and Graydon Young.

4 The email recipient was actually a Florida Oath Keepers account at “protonmail.com.” Proton Mail is housed overseas (in Switzerland) and offers end-to-end encryption. “Even the company hosting your emails has no way of reading them, so you can rest assured that they can’t be read by third parties either.” Mindaugas Jancis, ProtonMail review: have we found the most secure email provider in 2021?, CyberNews, Mar. 4, 2021, at https://cybernews.com/secure-email-providers/protonmail-review.

But Proton is not going to help if one side of a communication is on Gmail or some other email service on which FBI can serve a subpoena. Which may explain how the government obtained this email from the newly indicted Joseph Hackett in the latest superseding.

41. On December 19, 2020, HACKETT sent an email to YOUNG with a subject line “test.” The body of the email stated: “I believe we only need to do this when important info is at hand like locations, identities, Ops planning.” The email had a photo attached; the photo showed cursive handwriting on a lined notepad that stated: “Secure Comms Test. Good talk tonight guys! Rally Point in Northern Port Charlotte at Grays if transportation is possible. All proton mails. 7 May consider [a rally point] that won’t burn anyone. Comms – work in progress. Messages in cursive to eliminate digital reads. Plans for recruitment and meetings.”

7 Based on the investigation, “proton mails” appears to refer to the company “ProtonMail,” which offers encrypted email services.

I’ve not seen anything that suggests the government has obtained Proton Mails from the Oath Keepers conducted entirely on the platform; that may have to wait until someone involved decides to cooperate. But I’m not sure how writing the most sensitive messages on what sounds like dead tree paper before sending it adds to the security.

DOJ’s selective understanding of encryption

One of the more aggravating pieces of confusion in the new indictment, however, comes not from the alleged conspirators but from the government.

The last item in a list of Manner and Means employed in the conspiracy is the use of “secure and encrypted communications.”

Using secure and encrypted communications applications like Signal3 and Zello4 to develop plans and later communicate during the January 6 operation.

The first overt act describes Stewart Rhodes laying out what I am calling the “Antifa foil” on a GoToMeeting meeting.

At a GoToMeeting5 held on November 9, 2020, PERSON ONE told those attending the meeting, “We’re going to defend the president, the duly elected president, and we call on him to do what needs to be done to save our country. Because if you don’t guys, you’re going to be in a bloody, bloody civil war, and a bloody – you can call it an insurrection or you can call it a war or fight.”

As a result, the following footnotes appear on the bottom of the same page.

3 Signal is an encrypted messaging service.

4 Zello is an application that emulates push-to-talk walkie-talkies over cellular telephone networks. Zello can be used on electronic communication devices, like cellular telephones and two-way radios.

5 GoToMeeting is an online meeting site that allows users to host conference calls and video conferences via the Internet in real time.

Start with Zello: It can be secure. But it wasn’t, as used by the Oath Keepers, the day of the insurrection, because it was an open channel. Indeed, the reason we know about it is because journalist Micah Loewinger was following along in real time. Plus, anything saved onto a phone will be accessible once the phone is compromised, just like Signal will. (From the discovery letters shared with the Oath Keepers — the most recent of which is over a month old — the government appears to have initially relied on WNYC’s published versions of the Zello chats. But this superseding indictment includes time stamps from Watkins’ Zello exchanges, which suggests they’ve obtained a more reliable copy since then.

Signal, DOJ says, is encrypted. I have no problem with that. But they started compromising the Signal chats as soon as they exploited Jessica Watkins’ phone. And the latest indictment seems to rely on the exploitation from another of the more involved participants — it’s where the new details on the Quick Reaction Force come from (here’s my rough capture of the communications we’ve seen referenced to date).

What I find annoying is that, after treating Signal and Zello as super spooky applications, DOJ then treats GoToMeeting like a normal tool, just “an online meeting site that allows users to host conference calls and video conferences via the Internet in real time.”

But it is also end-to-end encrypted and has a number of other security features that are necessary for its use by mainstream businesses and health care providers. That said, it is centralized and probably responds eagerly to legal process, which is the distinction DOJ really intends by this. That is, it’s not encryption that makes the use of these apps a useful marker of a conspiracy, it’s decentralized security, security that the Oath Keepers didn’t use with Zello the day of the insurrection. Plus, for a conspiracy indictment, as opposed to other criminal charges, the use of G2M suggests a bureaucratization that should be more useful to prove the case.

In any case, with this fourth indictment, DOJ added content from G2M that was probably meant to be secure: Stewart Rhodes’ “Antifa foil” comments. An initial production of G2M had been provided to defendants by April 9, with a second attempt on April 23. So it may be that it has taken some time to reconstruct whatever full production they might receive from the various Oath Keeper accounts.

The money is the metadata

That said, it is amusing seeing the conspirators try to add a layer of security to the already secure ProtonMail while they’re laying a trail of travel plans that knots them all up into a network. Here are just some of the fleshed out details from the indictment:

79. On January 4, 2021, HARRELSON and DOLAN departed Florida together in a vehicle rented by DOLAN and traveled to the Washington, D.C., metropolitan area.

[snip]

82. On January 4, 2021, PERSON TEN checked into the Hilton Garden Inn in Vienna, Virginia. The room was reserved and paid for using a credit card in PERSON ONE’s name.

[snip]

85. On January 5, 2021, PERSON ONE and MINUTA separately traveled to the Washington, D.C., metropolitan area and checked into the Hilton Garden Inn in Vienna, Virginia.

[snip]

90. KELLY MEGGS paid for two rooms, each for two people, at the Comfort Inn Ballston from January 5-6, 2021. The rooms were reserved under the name of PERSON THREE.

90. KELLY MEGGS paid for two rooms, each for two people, at the Comfort Inn Ballston from January 5-6, 2021. The rooms were reserved under the name of PERSON THREE.

91. KELLY MEGGS also booked two rooms at the Hilton Garden Inn in Washington, D.C., from January 5-7, 2021. KELLY MEGGS paid for both of the rooms, using two different credit cards.

[snip]

93. HACKETT paid for a room at the Hilton Garden Inn in Washington, D.C., from January 5-7, 2021. The room was booked in the name of PERSON SIXTEEN.

[snip]

95. MINUTA, using his personal email address and his personal home address, reserved three rooms at the Mayflower Hotel in Washington, D.C., under the names of MINUTA, JAMES, and PERSON TWENTY. A debit card associated with PERSON FIFTEEN was used to pay for the room reserved under MINUTA’s name. A credit card associated with JAMES was used to pay for the room reserved under JAMES’s name.

Kelly Meggs, by paying for what appears to be the QRF room and another for Person 3 to tend the weapons, would tie the Floridians staying in the DC Hilton Garden with a group coming from at least three states at the Ballston Comfort Inn (and that’s before you consider the surveillance footage that shows others dropping off weapons). Minuta, by reserving three rooms at the Mayflower, would tie Joshua James, Person Twenty, and Person Fifteen to the group, including Minuta, staying at the Vienna Hilton Garden, which includes Rhodes and Person Ten. And there’s at least one known payment — from some unidentified person to James’ wife — that doesn’t show up here.

Post 9/11, it’s hard to hide hotel travel, especially retroactively, after engaging in a terrorist attack, but it doesn’t help that the Oath Keepers didn’t compartment their network at all. So all the encrypted messaging and meeting apps in the world could not hide that this was a network that spanned (thus far, but I’m holding out hope they’ll roll out the first Mississippi defendants any day!) at least seven states.

Update: I’ve taken out a reference to the Ohioans walking Isaacs back to a hotel in DC. They did separate early but it was not to take him back. Thanks to Benny Bryant for the correction.

Crystalizing Conspiracies: Fourth Superseding, James Breheny, Puma’s GoPro, [Redacted], and the Willard Hotel

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Since I’ve acquired new readers with my January 6 coverage and since the financial stress of COVID is abating for many, it seems like a good time to remind people this is not a hobby: it is my day job, and I’d be grateful if you support my work.

In this post, I used the imminent guilty plea of Paul Allard Hodgkins to illustrate that we really don’t know what evidence of conspiracy prosecutors are looking at, which means that we can’t really say whether the January 6 investigation will ultimately hold those who incited the violence accountable. I explained how a PhD in Comp Lit might be useful training to see the gaps in prosecution filings that show what secrets they’re holding in abeyance. And, as I further explained, if those most responsible for January 6 are going to be held accountable, it will likely be (at least in part) via conspiracies with the Oath Keepers and Proud Boys, including the multiple ties Roger Stone has with both militias.

This post is meant to be read in tandem with that one.

This one will look at four developments in the case against the Oath Keepers in the last week or so.

The superseding indictment turns the screws

Most spectacularly, the government rolled out a fourth superseding Oath Keeper indictment yesterday. The ostensible purpose of it was to add four new defendants: Joseph Hackett, Jason Dolan, and William Isaacs, all from Florida, along with a fourth, accused of just three crimes, whose name is redacted.

The indictment broadens the kinds of communications used to communicate during the conspiracy, including Signal along with Zello, as well as orders to write key details in cursive, then send them via Proton Mail.

It adds a comment Stewart Rhodes made on November 9 laying out what I’ll call the “Antifa foil” — an affirmative plan, laid out months before the insurrection, to use the “threat” of Antifa as the excuse to come armed and a means to foment violence.

At a GoToMeeting5 held on November 9, 2020, PERSON ONE told those attending the meeting, “We’re going to defend the president, the duly elected president, and we call on him to do what needs to be done to save our country. Because if you don’t guys, you’re going to be in a bloody, bloody civil war, and a bloody – you can call it an insurrection or you can call it a war or fight.” PERSON ONE called upon his followers to go to Washington, D.C., to let the President know “that the people are behind him.” PERSON ONE told his followers they needed to be prepared to fight Antifa, which he characterized as a group of individuals with whom “if the fight comes, let the fight come. Let Antifa – if they go kinetic on us, then we’ll go kinetic back on them. I’m willing to sacrifice myself for that. Let the fight start there. That will give President Trump what he needs, frankly. If things go kinetic, good. If they throw bombs at us and shoot us, great, because that brings the president his reason and rationale for dropping the Insurrection Act.” PERSON ONE continued, “I do want some Oath Keepers to stay on the outside, and to stay fully armed and prepared to go in armed, if they have to . . . . So our posture’s gonna be that we’re posted outside of DC, um, awaiting the President’s orders. . . . We hope he will give us the orders. We want him to declare an insurrection, and to call us up as the militia.” WATKINS, KELLY MEGGS, HARRELSON, HACKETT, PERSON THREE, PERSON TEN, and others known and unknown attended this GoToMeeting. After PERSON ONE finished speaking, WATKINS and KELLY MEGGS asked questions and made comments about what types of weapons were legal in the District of Columbia.

The indictment provides more evidence of a plan to have Oath Keepers from North Carolina stationed as a Quick Reaction Force to pick up weapons from one of two locations in DC and deliver them to others already there (a recent filing arguing Thomas Caldwell needs to keep informing pretrial services of his movements included surveillance video from the Ballston Comfort Inn of the conspirators carrying around presumed guns draped in sheets).

On the evening of January 2, 2021, at about 5:43 p.m., KELLY MEGGS posted a map of Washington, D.C., in the Leadership Signal Chat, along with the message, “1 if by land[,] North side of Lincoln Memorial[,] 2 if by sea[,] Corner of west basin and Ohio is a water transport landing !!” KELLY MEGGS continued, “QRF rally points[.] Water of the bridges get closed.”

[snip]

On January 4, 2021, CALDWELL emailed PERSON THREE several maps along with the message, “These maps walk you from the hotel into D.C. and east toward the target area on multiple roads running west to east including M street and P street, two of my favorites . . . .”

[snip]

On January 4, 2021, WATKINS wrote in the Florida Signal Chat, “Where can we drop off weapons to the QRF team? I’d like to have the weapons secured prior to the Op tomorrow.”

On the morning of January 5, 2021, HARRELSON asked in the Florida Signal Chat for the location of the “QRF hotel,” and KELLY MEGGS responded by asking for a direct message.

It provides more details about what the Oath Keepers did in the Capitol (including descriptions of how the kitted out veterans folded — retreated — as soon as they were hit with some tear gas).

When officers responded by deploying a chemical spray, the mob—including CROWL, WATKINS, SANDRA PARKER, YOUNG, and ISAACS—retreated.

[snip]

JAMES briefly breached the Rotunda but was expelled by at least one officer who aimed chemical spray directly at JAMES, and multiple officers who pushed him out from behind.

Importantly, the superseding indictment adds civil disorder charges against six of the Oath Keepers for interactions they had with cops inside the Capitol. It adds an assault charge against Joshua James for his physical interaction with cops. It adds obstruction charges against Kelly Meggs, Kenneth Harrelson, and James for deleting comms. Some of these charges were expected; it’s just that adding four new defendants was a convenient time to add them.

As these defendants are sitting here, though, their legal jeopardy is getting worse. Which is likely part of the point. They might stave off any further charges if they decide to cooperate with prosecutors.

When the government first charged this conspiracy, they were way over their skis, with detention requests and claims of danger that they did not yet have (or were not yet willing to show) evidence to support. That’s no longer true, and I wouldn’t be surprised if the government tries to detain a few more of these defendants when they are arraigned on the new charges this week.

James Breheny’s inter-militia network

One of the interesting details of this indictment is the exclusion of Oath Keeper James Breheny from it. Unlike the Proud Boys, all the Oath Keepers have been charged on one conspiracy indictment. The sole exception is Jon Schaffer, who from very early on was cultivated to flip, which he did on April 16. Remarkably, it’s not clear that Schaffer’s cooperation shows up in the new superseding indictment.

Now Breheny joins Schaffer in being charged (at least for now) on his own, which means, as of now, he’s only on the hook for his own crimes, not those of 16 co-conspirators. Breheny is an Oath Keeper from New Jersey who self-surrendered (suggesting ongoing discussions involving a lawyer) on May 20.

Breheny’s charging documents are interesting on several points. First, the affidavit excerpts a post Stewart Rhodes published on December 14, calling on Trump to invoke the Insurrection Act, including this paragraph:

You must act NOW as a wartime President, pursuant to your oath to defend the Constitution, which is very similar to the oath all of us veterans swore. We are already in a fight. It’s better to wage it with you as Commander-in-Chief than to have you comply with a fraudulent election, leave office, and leave the White House in the hands of illegitimate usurpers and Chinese puppets. Please don’t do it. Do NOT concede, and do NOT wait until January 20, 2021. Strike now.

This Rhodes post doesn’t appear in the Oath Keeper conspiracies, though it is a continuation of the November 9 comment from Rhodes also calling for insurrection, and it provides context for a comment he made on January 6 about what he expected Trump to do.

Then, Breheny’s complaint describes him inviting Rhodes to “a leadership meeting of ‘multiple patriot groups'” in Quarryville, PA on January 3, 2021. His invite directed Rhodes not to bring a phone and explained,

This will be the day we get our comms on point with multiple other patriot groups, share rally points etc. This one is important and I believe this is our last chance to organize before the show. This meeting will be for leaders only.

Breheny’s complaint also explains that Rhodes only added Breheny to the leadership list for the Oath Keepers on January 6. In explaining that detail, a footnote explains,

numerous individuals affiliated with the Oath Keepers who have been alleged to have participated in the riots participated in this chat and have been indicted in US v. Caldwell et al, 21-cr-28-APM.

It’s a neat way of saying that Breheny conspired with those charged in the main Oath Keepers conspiracy and they conspired with him, without charging him in that conspiracy.

The rest of the complaint explains how Breheny lied to the FBI about what he did on January 6, but after the government got a warrant for his phone, they obtained pictures and texts showing he had done far more on January 6 than he admitted to cops, including fighting his way in the East Doors that all the other Oath Keepers entered.

The government has been selective about whom they’re charging with obstruction for lying and deleting evidence, but their case that Breheny deliberately attempted to obstruct the investigation is quite strong.

Anthony Puma’s GoPro is arrested

On May 27, a guy from Michigan named Anthony Puma was arrested, more than four months after the FBI interviewed him on January 14 and after, on January 17, he shared the SD card from the GoPro he wore on January 6.

On April 23, the government obtained Puma’s Facebook account, which provided video and text evidence that, in his January 14 interview, Puma dramatically downplayed his knowledge of events on January 6. Most notably, they found texts he posted on January 5, knowing that, and precisely when, “we are storming” the Capitol the next day.

Tomorrow is the big day. Rig for Red. War is coming

We are here. What time do we storm the House of Representatives?

Hopefully, we are storming the House of Representatives tomorrow at 100 pm.

There’s no hint in his charging documents that Puma has association with the Oath Keepers. Assuming he does not, it seems likely he was arrested, as I believe a number of other recent defendants were, so he can be forced to authenticate the important video evidence he shot on the day of the insurrection.

As a Comp Lit PhD who had to read a fuck-ton of postmodern theory, my favorite picture from his GoPro shows him filming himself shooting a video on his phone as he approached the Capitol.

But there are two other clips that I suspect are more important — one, showing what I believe to be a second stack of likely Oath Keepers preparing to breach the Capitol.

And another, showing presumed Oath Keepers on their golf cart race from the Willard Hotel to reinforce the Capitol, calling out, “We are inside, they need help, we’ve breached the Capitol.”

So whether or not Puma has a tie to the Oath Keepers, he now has reason to cooperate with prosecutors on making this video available for any trial.

[Redacted]

As noted, there were four people added to the Oath Keepers conspiracy indictment, but the name of one remains redacted.

It can’t be Roger Stone, as a lot of people are wishing, because Stone’s not an Oath Keeper.

But whoever [redacted] is, he almost certainly traveled with Roberto Minuta and Joshua James from the Willard Hotel where they were “guarding” Roger Stone and others to the Capitol.

I say that because of four paragraphs from the third superseding indictment describing the golf cart race to the Capitol, three are redacted in the fourth.

That doesn’t necessarily mean that [redacted] has had a child with Roger Stone or anything as exciting as that. It does mean that someone who was a likely witness to what happened on the Willard Hotel side of phone calls between Person Ten (who was the ground commander for the Oath Keepers that day) and James has been added to the conspiracy.

[redacted] appears to have entered the Capitol with Minuta and James, as what had been ¶104 describing their entrance “together with others known and unknown” in the third superseding is redacted as ¶154 in the fourth.

But the potentially more interesting actions of [redacted] appear in ¶¶76 and 77, which explain pre-insurrection communications and planning, as well as ¶99, which must explain what [redacted] did the morning of the insurrection, probably with James and Minuta. And ¶102 likely describes what the three of them were doing at the Willard Hotel while everyone else started breaching the Capitol.

As I said in this post, it takes more than four months to charge a complex conspiracy. But these four developments together add a December call for insurrection (in tandem with events that day in DC), places the Oath Keepers — including Stewart Rhodes — in a January 3 meeting coordinating with other militias, and it seemingly adds a third witness to what went on in the Willard Hotel the morning of the insurrection.

How Did the Proud Boys Have Better Lines of Communication about National Guard Reinforcements than the National Guard Did?

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At 3:38 on January 6, according to the Proud Boy leaders conspiracy indictment, Charles Donohoe announced on the 60-member operational Telegram channel the Proud Boys used that day that, “we are regrouping.”

Sometime around that time, a bunch of Oath Keepers, having already entered the Capitol, were gathered together on the east side of the Capitol.

According to the most recent Oath Keepers indictment, two minutes after Donohoe announced the Proud Boy plan to regroup, at 3:40, Oath Keeper Joshua James called Person Ten — who was doing much of the coordination for the Oath Keepers that day — and had a 3 minute, 4 second phone call, their second longest call described in the indictment.

Roberto Minuta and Rhodes exchanged two calls just after 4:00 — 42 seconds, then 2 minutes 56 seconds. At 4:10, according to a Thomas Caldwell detention motion, someone on the Oath Keepers’ operational channel said, “Fight the good fight. Stand your ground.”

It seems the militias were preparing for a second, seemingly coordinated, operation of the day: resuming the assault on the Capitol.

Indeed, some of the fighting and attempted breaches at the Capitol did intensify about that time (for example, that’s shortly before, as some cops were trying to help Rosanne Boyland, who had been trampled, they were allegedly assaulted by James Lopatic, Jeffrey Sabol, Peter Stager, and Wade Whitten, with police officer BW being dragged down the steps prone and beaten).

But not the militias, at least not the Proud Boys.

According to the government’s detention memo for Donohoe, he subsequently — they don’t provide the time — sent out a message that the National Guard and DHS agents were incoming.

Donohoe’s intent to create mayhem and disrupt the proceedings at the Capitol continued well after the initial breach into the restricted grounds and up to the west terrace. Indeed, at 3:38 p.m., more than an hour after Pezzola and others had broken into the building, Donohoe indicated that he had left the Capitol grounds, but then announced over Telegram, “We are regrouping with a second force.” That plan appears to have been short-lived, as Donohoe subsequently advised the group that the National Guard and “DHS agents” were “incoming.”

This is fairly remarkable timing, as it came during the most inexplicable period of DOD’s delayed response with the National Guard. At 2:30, just before the second breach by militia-led groups, Acting Defense Secretary Christopher Miller met with (among others) Army Secretary Ryan McCarthy about requests for help from the city and the Capitol Police. At 3, Miller determines the Guard is needed at the Capitol and McCarthy orders them to prepare to move. At 3:04, Miller provides verbal approval for the Guard to support MPD. At 3:19 and 3:26, McCarthy was on the phone with first Chuck Schumer and Nancy Pelosi and then Bowser, assuring them the Guard was on the way. At 3:48, McCarthy leaves to go to MPD headquarters, taking 22 minutes to transit, even as two trained militia groups full of military veterans prepared to make a second assault on the Capitol. At 4:32, after calls back and forth among the militia, Miller provided verbal authorization for the Guard to help the Capitol Police.

Tick tock, tick tock, tick tock.

But then, according to the guy DOD sent to the Senate to not answer questions like this, Robert Salesses, General William Walker, the guy in charge of the Guard, didn’t get that order for another 36 minutes.

Salesses: In fairness to General Walker too, that’s when the Secretary of Defense made the decision, at 4:32. As General Walker has pointed out, cause I’ve seen all the timelines, he was not told that til 5:08.

Roy Blunt: How is that possible, Mr. Salazar [sic], do you think that the decision, in the moment we were in, was made at 4:32 and the person that had to be told wasn’t told for more than a half an hour after the decision.

Salesses: Senator, I think that’s an issue.

Tick tock, tick tock, tick tock.

Somehow, it seems, Proud Boy Charles Donohoe knew that the National Guard was coming to reinforce the Capitol before DC Guard Commander General Walker.

Somehow, it seems, the militias assaulting the Capitol had better lines of communication than the US Department of Defense.

Timeline

2:30PM: Acting Secretary of Defense Christopher Miller and Army Secretary Ryan McCarthy meet to discuss the requests for assistance from the MPD and CPD.

2:40PM: Oath Keepers and Proud Boys breach second front of the Capitol.

3PM: Miller determines the Guard is needed.

3:04PM: Miller authorizes Guard assistance to MPD.

3:19PM: McCarthy on the phone with Democratic leaders. Roberto Minuta enters Capitol.

3:26PM: McCarthy on the phone with Mayor Bowser.

3:38PM: Charles Donohoe announces, “we are regrouping.”

3:40PM: James calls Person Ten, speaks for 3:04.

3:48PM: McCarthy leaves for MPD.

4PM: Meeting with Stewart Rhodes on east side of Capitol.

4:04PM: Minuta calls Rhodes, speaks for 42 seconds.

4:05PM: Rhodes calls Minuta, speaks for 2:56.

4:10PM: McCarthy arrives at MPD. Proud Boy leader channel instructs, “Stand your ground.”

4:32PM: Miller provides the verbal order for the Guard to reinforce the Capitol Police

5:08PM: General Walker gets the order to reinforce the Capitol Police

Unknown time: Donohoe advises that National Guard and “DHS” are incoming.

DOJ Arresting Their Way to Clarity on Joe Biggs’ Two Breaches of the Capitol

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The Proud Boys Leadership conspiracy indictment describes that Joe Biggs breached the Capitol twice.

He entered first on the west side through a door opened after Dominic Pezzola broke through an adjacent window with a riot shield.

At 2:14 p.m., BIGGS entered the Capitol building through a door on the northwest side. The door was opened after a Proud Boys member, Dominic Pezzola, charged elsewhere, used a riot shield at 2:13 p.m. to break window allowed rioters to enter the building and force open an adjacent door from the inside. BIGGS and Proud Boys members Gilbert Garcia, William Pepe, and Joshua Pruitt, each of whom are charged elsewhere, entered the same door within two minutes of its opening. At 2:19 p.m., a member of the Boots on the Ground channel posted, “We just stormed the capitol.”

Then, Biggs left the building, walked around it, took a selfie from the east side, then forced his way in the east side and headed from there to the Senate.

BIGGS subsequently exited the Capitol, and BIGGS and several Proud Boys posed for a picture at the top of the steps on the east side of the Capitol.

Thirty minutes after first entering the Capitol on the west side, BIGGS and two other members of the Proud boys, among others, forcibly re-entered the Capitol through the Columbus Doors on the east side of the Capitol, pushing past at least one law enforcement officer and entering the Capitol directly in front of a group of individuals affiliated with the Oath Keepers. [my emphasis]

Understanding Biggs’ actions — including whether they were coordinated with the Oath Keepers who entered at virtually the same time as him (including fellow Floridian Kelly Meggs, who had just “organized an alliance” with the Proud Boys in December) — is crucial to understanding the insurrection as a whole.

That’s particularly true given that Biggs re-entered the Capitol and headed to the Senate, where Mike Pence had only recently been evacuated. That’s also true given how Biggs’ actions coincide so neatly with those of the Oath Keepers.

At the moment Pezzola breaks the Capitol window with a shield, Person Ten contacts Joshua James (from Alabama but seemingly affiliated with the Florida Oath Keepers). At the moment Biggs enters the Capitol, someone on the Oath Keepers’ Signal channel informed the list that “The[y] have taken ground at the capital [sic]. We need to regroup any members who are not on mission.” This is a quicker response than the Proud Boys Boots on the Ground channel itself had to the initial breach.

And that’s what happened. Both the Oath Keepers and the Proud Boys regrouped and opened a new front on the assault on the Capitol.

Rhodes called Kelly Meggs. Person Ten called James. Then Rhodes had overlapping phone calls with Person Ten and Meggs. Around that time, The Stack started making their way to an entry of the Capitol on the other side of the building from where they were. And James and Minuta hopped in some golf carts and rushed to the Capitol (I’m not sure from where). During the period when The Stack, commanded by Kelly Meggs, was making their way to the Capitol and Biggs was walking around rather than through it, Roberto Minuta arrived and started harassing the cops guarding the door through which Biggs and The Stack would shortly enter, perhaps ensuring that the cops remained at their post rather than reinforcing the east side.

I had speculated here that Proud Boys in the initial breach — most notably former Army Captain Gabriel Garcia — were live streaming with the intent of providing tactical information to people located remotely who were performing a command and control function.

If you were following Garcia’s livestreams in real time — even from a remote location — you would have visibility on what was going on inside almost immediately after the first group of the Proud Boys breached the Capitol.

In a later livestream, Garcia narrated what happened in the minutes after the Proud Boys had breached the Capitol.

GARCIA states, “We just went ahead and stormed the Capitol. It’s about to get ugly.” Around him, a large crowd chants, “Our house!”

Then, as a standoff with some cops ensued, Garcia filmed himself describing, tactically, what was happening, and also making suggestions to escalate violence that were heeded by those around him.

At minute 1:34, a man tries to run through the line of USCP officers. The officers respond with force, which prompts GARCIA to shout, “You fucking traitors! You fucking traitors! Fuck you!” As the USCP officers try to maintain positive control of the man that just rushed the police line, GARCIA yells, “grab him!” seemingly instructing the individuals around him to retrieve the man from USCP officers. GARCIA is holding a large American flag, which he drops into the skirmish in an apparent attempt to assist the individuals who are struggling with the USCP officers.

USCP officers maintain control of the line, holding out their arms to keep the crowd from advancing. At least one USCP officer deploys an asp. GARCIA turns the camera on himself and offers tactical observations regarding the standoff. [my emphasis]

Garcia’s livestream was such that you would obtain crowd size estimates from it, as well as specific names of officers on the front line, as well as instructions to “keep ’em coming,” seemingly asking for more bodies for this confrontation.

At minute 3:26, GARCIA, who is still in extremely close proximity to the USCP officer line again yells, “Fucking traitors!” He then joins the crowd chanting “Our house!” At minute 3:38, GARCIA states, “You ain’t stopping a million of us.” He then turns the camera to the crowd behind him and says, “Keep ‘em coming. Keep ‘em coming. Storm this shit.” GARCIA chants with the crowd, “USA!”

Soon after, GARCIA stops chanting and begins speaking off camera with someone near him. At minute 4:28, GARCIA says, “do you want water?” Though unclear, GARCIA seems to be asking the person with whom he is speaking. GARCIA is so close to an officer that, as the camera shifts, the only images captured are those of the officer’s chest and badge. [my emphasis]

Remarkably, Garcia filmed himself successfully ordering the rioters to hold the line — which they do — and then filmed them charging the police.

GARCIA yells, “Back up! Hold the line!” Shortly thereafter, the crowd begins advancing, breaching the USCP officer line. GARCIA says, “Stop pushing.” The last moments captured in the video are of the crowd rushing the USCP officers.

A filing arguing for detention for Ethan Nordean confirms that Proud Boys located offsite were monitoring the livestream and providing instructions.

When the Defendant, his co-Defendants, and the Proud Boys under the Defendant’s command did, in fact, storm the Capitol grounds, messages on Telegram immediately reflected the event. PERSON-2 announced, “Storming the capital building right now!!” and then “Get there.” [Un-indicted co-conspirator-1] immediately followed by posting the message, “Storming the capital building right now!!” four consecutive times.6 These messages reflect that the men involved in the planning understood that the plan included storming the Capitol grounds. This shared understanding of the plan is further reflected in co-Defendant Biggs’ real-time descriptions that “we’ve just taken the Capitol” and “we just stormed the fucking Capitol.”

6 UCC-1 and PERSON-2 are not believed to have been present on the Capitol grounds, but rather indicated that they were monitoring events remotely using livestreams and other methods.*

So at least on the Proud Boys side, there was this kind of command and control.

And the government has been arresting their way to some clarity on this point.

Sometime before March 1, the government got access to both the leadership Telegram channel the Proud Boys used to coordinate the insurrection and the “Boots on the Ground” channel, meaning they’ve got monikers for around 35 active Proud Boy participants in the insurrection who have not yet been arrested. In the weeks since the Biggs and Nordean conspiracy indictment disclosed that the government had these chats, the government has arrested several people with ties to one or another of these men (though without saying whether they identified them from the Boots on the Ground channel or whether they arrested them at this time for investigative reasons).

Two of these men just happen to be two of Joe Biggs’ co-travelers the day of the insurrection, Paul Rae and Arthur Jackman, both also from Florida. The complaints for both are very similar, possibly written by the same FBI agent. Both complaints go through the greatest hits of the Proud Boy actions that day, listing all the conspiracies already charged. While the affidavits include the testimony of acquaintances of both men (in Jackman’s case, obtained after a January 19 interview with Jackman himself, meaning that testimony couldn’t be the lead via which they IDed him), the affidavits also focus on their entries with Joe Biggs, with Rae entering the west Capitol door right next to Biggs.

And Jackman walking up steps with his hand on Biggs’ shoulder.

Each affidavit includes the photo obtained from warrants served on Biggs showing the selfie mentioned in the Leader indictment (bolded above).

In Rae’s affidavit, they’ve redacted out all but his face and Biggs’.

They use the same approach in Jackman’s affidavit, redacting the others (including Rae, who had already been arrested).

If I were one of the two other guys in this picture, I’d be arranging legal representation right now.

The affidavits show both men entering the Capitol on the east side, along with Biggs. As he did on the west side, Rae walked in beside Biggs (you can see Jackman just ahead of Rae in this picture).

And as he did elsewhere in the Capitol, Jackman walked with his hand on Biggs’ shoulder.

Jackman’s affidavit shows him in the Senate (where we know Biggs also went).

The government arrested Rae on March 24. They arrested Jackman on March 30. Again, I’d be pretty nervous if I were one of the other two guys.

Because if the government can show that this second breach by Biggs was coordinated with the Oath Keepers, with The Stack led by the guy who arranged an alliance in December, Kelly Meggs, it will make these five separate conspiracies mighty cozy (in any case, the government is already starting to refer to the multiple Proud Boys conspiracies as one).

There’s at least one other action on which both militias may have coordinated: aborted efforts to launch a second wave after 4PM, something that Rudy Giuliani seems to have had insight into.

But for now, the government seems pretty focused on arresting their way to clarity about why Joe Biggs breached the Capitol, then walked outside and around it, and then breached it again.

* I had suggested in this post that UCC-1 might be Nicholas Ochs. But that’s not possible, because the government knows he was onsite. Moreover, the government is now treating defendants in one of the Proud Boys conspiracy indictments (most notably Dominic Pezzola) as co-conspirators with those charged in other conspiracy indictments (including Nordean), so Ochs would be an indicted co-conspirator. Another — far more intriguing possibility — is that it is James Sullivan (who might have a leadership role in Utah’s Proud Boys), who was in contact with Rudy Giuliani about the insurrection, and who inexplicably hasn’t been arrested. Certainly, Rudy seems to have had the information available on those chats in real time.

The Grand Theft Golf Cart Conspiracy: DOJ Backed Off Charges against Roberto Minuta

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Yesterday, DOJ added Roberto Minuta and Joshua James — both of whom provided security to Roger Stone in advance of the insurrection — to the Oath Keepers conspiracy indictment, making a third superseding indictment (S3) against the militia. The showiest part of the indictment describes how Minuta and James rode in golf carts (from where, it doesn’t say, nor does it explain how it knows exactly what Minuta said while on the golf cart escapade) to the Capitol to join in the insurrection.

Between 2:30 and 2:33 p.m., MINUTA, JAMES, and others rode in a pair of golf carts towards the Capitol, at times swerving around law enforcement vehicles, with MINUTA stating: Patriots are storming the Capitol building; there’s violence against patriots by the D.C. Police; so we’re en route in a grand theft auto golf cart to the Capitol building right now … it’s going down, guys; its literally going down right now Patriots storming the Capitol building … fucking war in the streets right now … word is they got in the building … let’s go.

At about 2:33 p.m., MINUTA, JAMES, and the others in their group parked the golf carts near the intersection of Third Street and Pennsylvania Avenue, Northwest. They then continued on foot towards the Capitol.

But the golf cart vignette is not the most interesting detail in the S3 indictment. The additions on the most recent superseding indictment (S2) are interesting for what the government did and did not add with the inclusion of the two Oath Keepers who were not part of The Stack that breached the Capitol, Minuta and James.

The crimes not charged

In spite of Minuta’s self-description, the government did not charge Minuta with Grand Theft Golf Cart. It’s never actually explained where they got the carts, but the Oath Keepers had been using carts as part of their protection detail for people like Roger Stone. If they used golf carts owned or rented by Stop the Steal or some other organizer for the rally, however, it might implicate those owners in the conspiracy if they didn’t report the golf carts as being stolen as part of an effort to breach the Capitol.

But Grand Theft Golf Cart is only the beginning of crimes not charged against the newest additions to the conspiracy.

In the complaint against Minuta, the government had shown probable cause that Minuta obstructed the investigation by deleting his Facebook account on January 13.

Finally, on January 13, 2021, the week after he attacked the Capitol and after much media reporting on law enforcement’s investigation to bring the Capitol rioters to justice, Minuta deleted his Facebook account of over thirteen years.

[snip]

Evidence also demonstrates that one week after he participated in forcibly storming the Capitol, Minuta deleted a Facebook account he had maintained for 13 years to conceal his involvement in these offenses.

[snip]

On January 6, 2021, the FBI opened an investigation into the attack on the Capitol, and a grand jury of the United States District Court for the District of Columbia subsequently opened an investigation. Within the first week of the investigation, a number of subjects were arrested and many more subjects’ photographs were shared over the Internet by both the FBI and regular citizens who took it upon themselves to publicize and seek information about the Capitol attackers.

Records indicate that Roberto Minuta opened a Facebook account associated with phone number XXX-XXX-4147 (known to be associated with Minuta) on November 24, 2007. On January 13, 2021—one week after Minuta and others attacked the Capitol on January 6— Minuta deleted his account.

From the first iteration of this conspiracy indictment, the government had charged others for deleting their Facebook accounts — first Thomas Caldwell, and then Graydon Young. So it would have followed the pattern already set to include a Count 7 against Minuta for his deletion of Facebook.

It’s not in there.

But that’s not the only crime not charged.

The complaint against Minuta focused closely on his taunts against cops in the minutes before The Stack arrived (the government may suspect that Minuta did this to occupy the police while insurrectionists breached the Capitol from the west side, to ensure officers guarding the east side of the building could not go assist those being overrun on the west side).

The indictment adds this further interaction between the cops and Minuta.

At 3:15 p.m., inside the Capitol building, MINUTA and JAMES pushed past U.S. Capitol Police Officers who physically placed their hands on MINUTA and JAMES in an unsuccessful attempt to stop them from progressing toward the Capitol Rotunda.

Other January 6 defendants (not part of this Oath Keeper conspiracy) got charged with obstructing the police during a civil disorder for such physical interactions. Not Minuta and James.

Minuta and James got charged, along with the other members of the conspiracy, with one (but not both) of the trespassing charges used against virtually all the January 6 defendants. But Minuta entered the Capitol with a holster of bear spray (visible on his hip in the picture above). Others who entered the Capitol similarly armed had an enhancement added for carrying a deadly weapon, an enhancement that increases the potential sentence to 10 years. Minuta was not similarly charged (meaning, too, that the Oath Keepers who conspired with him were not charged with abetting his armed entry to the Capitol).

Finally, all the other conspirators, including Thomas Caldwell (who never entered the Capitol and was on the other side of it from where The Stack entered) were charged with abetting the destruction of the Capitol door through which The Stack entered. This is the charge that counts as a crime of violence for detention purposes, and also can merit (and is being treated as meriting, for the Proud Boy conspiracy cases) a terrorism enhancement. But neither Minuta nor James were charged with it, even though the indictment notes they entered the same door that The Stack went through.

At 3:15 p.m., inside the Capitol building, MINUTA and JAMES, together with others known and unknown, forcibly entered the Capitol building through the same east side Rotunda doors through which members of the stack had entered about 25 minutes earlier.

It’s unclear why DOJ wouldn’t treat Minuta and James the same way they treated Caldwell (and Kenneth Harrelson, who went in with The Stack but not part of it). I can think of several possible explanations. But they didn’t, which is notable (particularly in the wake of the DC Circuit decision that led to the release of Zip Tie Guy Eric Munchel and his mother).

In short, if Minuta (and James) were treated the same way other January 6 defendants were, they would be facing significantly more serious charges and significantly more prison time. They’re not.

One other, potentially related detail: The complaint that Minuta was charged with — which was obtained on February 24 but not executed until weeks later, seemingly in conjunction with the Joshua James arrest — is titled, “Affidavit in Support of Complaint Minuta (non conspiracy) 2021 02 23,” almost as if at that point DOJ wasn’t sure whether they were going to treat him separately from the rest of the Oath Keepers or not. They appear to have decided to do so, and along the way, thereby limit his potential criminal exposure.

Who is Person Ten and what role did he play with Stewart Rhodes?

Minuta and James complaints included new details about the role of Oath Keepers heard, Stewart Rhodes, described as Person One in all the Oath Keeper filings. Their addition to the conspiracy effectively added more on Rhodes to the conspiracy indictment.

At least as interestingly, the S3 indictment added a Person Ten. Minuta had been Person Five in the James complaint, it’s not clear who Person Four is, and Persons Six, Seven, Eight, and Nine are not described at all, but — along with Person Ten — are likely some of the people in this picture.

Rhodes paid for Person Ten’s hotel room in the Hilton Garden Inn in DC, but Person Ten arrived the day before Minuta and Rhodes, who also stayed at the Hilton Garden Inn in Vienna.

Curiously, the S3 indictment leaves out some key communications, especially those from a leadership Signal chat that showed up in earlier filings. Between a Caldwell detention motion, a Watkins detention motion, James’ complaint, and the superseding indictment, this partial list of known Oath Keepers communications suggest that Person Ten might be the person coordinating deployments that day. Consider two details from the partial list of the known communications among Oath Keepers below (I’ll update this later, once I catch up on the week of filings).

Highlighted in yellow, Person Ten has a series of calls back and forth with Joshua James, pre-Golf Cart Grand Theft. Right in the middle of it all, someone — not described in this indictment — informs the Signal group as a whole that “the[y] have taken ground” and “we need to regroup any members who are not on mission.” Shortly thereafter, James and Minuta launch the Grand Theft Golf Cart to get to the Capitol, where Minuta taunts the police, preventing them from moving to reinforce the overrun Capitol on the other side, and the members of The Stack leave Trump’s speech prematurely and go to the Capitol. That is, Person Ten calls for reinforcements (Rhodes repeats his Signal text), and then Minuta and James in the golf carts and The Stack converge on the northeast side of the Capitol to breach a new entry point.

Now consider the pink highlight: Unless the government or I have made a mistake in the timing, Person Ten and Kelly Meggs are both on the phone with Stewart Rhodes together. Because of the length of Person Ten’s calls, it overlaps entirely with Rhodes’ call with Meggs (which — again, unless there’s an error of timing — means Rhodes either has two phones or either via conferencing or a hold, had both on the same phone at the same time).

In either case, Person Ten seems to have a key role as a communication pivot between different groups of Oath Keepers.

The communications not included

Finally, consider this: I have not included all known texts in the table above (most obviously missing are Watkins’ Zello texts). But after suggesting strong ties between James and Minuta, the government has included none of their multiple communications, neither on January 6 nor before that, in the superseding indictment. Similarly, the government has left out the Signal chats showing minute to minute deployments as the Oath Keepers launched a second front on the Capitol.

All these communications are tantalizing and hint at a good deal more coordination during the insurrection. And remember: Both Minuta and James were with Roger Stone for part of the day (earlier in the day, I think). But the government is still including just a fraction of the communications it knows about.

Update: Correct that the indictment said Minuta and James rode in the golf carts, didn’t drive and that the Meggses stayed at a different Hilton Garden than Rhodes and Minuta and Person Ten. Thanks to BB.

Update: I want to make clear that the reasons why DOJ backed off charges with Minuta may not all stem from the same reason, nor does this necessarily indicate he is cooperating. For example, in the wake of the DC Circuit decision in Munchel, the chances that DOJ could get pre-trial detention for either Minuta or James, are much lower. So charging them with abetting the damage doesn’t serve an investigative purpose at this time. And it’s possible after they seized Minuta’s phone, they discovered something to indicate he had deleted Facebook in response to Facebook’s decision to shut down Trump on the platform. To be honest, Minuta and James are an odd fit for this conspiracy as currently laid out, which suggests it’s likely to change in the near future.

The State of the Five Now-Intersecting January 6 Militia Conspiracies

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Paragraph 64 of a new conspiracy indictment including Proud Boys Ethan Nordean, Joe Biggs, and the newly arrested Proud Boys Zachary Rehl and Charles Donohoe includes a seemingly gratuitous reference to the Oath Keepers. The paragraph describes how Biggs, after having entered the Capitol once already from the northwest side, then moved to the opposite side of the building and forced his way in on the east side. He did so right in front of a group of Oath Keepers.

Thirty minutes after first entering the Capitol on the west side, BIGGS and two other members of the Proud boys, among others, forcibly re-entered the Capitol through the Columbus Doors on the east side of the Capitol, pushing past at least one law enforcement officer and entering the Capitol directly in front of a group of individuals affiliated with the Oath Keepers.

This would have been around 2:44 PM. The Oath Keeper “stack” went in the east side of the Capitol at around 2:40.

That reference, along with the common use of the Zello application, brings two parallel conspiracies laid out over a month ago closer together, arguably intersecting. As of right now, DOJ has charged 25 people in five different conspiracy indictments, four of which share precisely the same goal: to stop, delay, and hinder Congress’s certification of the Electoral College vote, with many similar means and methods. Three conspiracy indictments also share roughly the same goal of obstructing law enforcement. Those indictments are:

Here’s what a simplified version of the five different conspiracies looks like:

This is not the end of it: there are three Oath Keepers not included in that conspiracy, and a random bunch of Proud Boys who might eventually be included, as well as anyone else who coordinated this effort [wink]. But these conspiracy indictments will remain separate only for prosecutorial ease. They are, for all intents and purposes, now-intersecting conspiracies.

Update: Last night, NYT’s visual team released new videos showing that the Oath Keepers Stack was involved in forcing entry into the East entrance of the Capitol. These videos depict what happened moments after Biggs reentered the Capitol, as described above.

Update: To see how the other pieces of any coordinated action fit, I will list the other Oath Keepers and Proud Boys that have played a part in this operation.

Oath Keepers

Stewart Rhodes: The Oath Keeper President. He is not charged, but implicated in the existing Oath Keepers indictment and the Minuta complaint.

Roberto Minuta: Minuta was arrested on March 8. An SDNY Magistrate judge released him on bail (he almost put up silver bars for his security, but ended up coming up with the money itself), ignoring the government request he stay the order. Minuta’s arrest affidavit–which was written 12 days before James’ but executed roughly the same day–focuses primarily on Minuta’s harassment of cops. It doesn’t mention, as James’ affidavit does, Minuta’s role in providing security, including for Roger Stone. Minuta also deleted his Facebook account on January 13, for which he was charged with obstruction.

Joshua James: James was arrested on March 9 and held without bail (in part because of a past arrest associated with claiming to be a military police officer in 2011). His arrest affidavit makes it clear he was a close contact with Minuta as well as Kelly Meggs. The affidavit repeatedly describes James offering security to VIPs we know to include Roger Stone. According to public reporting, James received payment for his “security” services on January 6, which Stone was publicly fundraising for in advance (then denied spending).

Jon Ryan Schaffer: The front man for the heavy metal band Iced Earth and an Oath Keeper lifetime member, Schaffer was arrested for spraying some police with bear spray. But two months after his arrest and detention, he has not been (publicly) indicted and only arrived in DC on March 17. The government has not publicly responded to his motion to dismiss his case on Speedy Trial grounds. All of which suggests there’s something more there that we can’t see.

Person Four: The James affidavit refers to Minuta as “Person Five.” It uses that number, it says, because “Persons Two [Caldwell’s spouse], Three [the NC-based Oath Keeper who might serve as a Quick Reaction Force], and Four are not included in this affidavit, but are already-numbered individuals associated with United States v. Thomas Caldwell, et al, Case No. 21-cr-28 (APM). To maintain consistent nomenclature, the referenced individual here will be defined as ‘Person Five.'” I haven’t been able to find the reference to Person Four (though it might be Watkins’ partner, references to whom are inconsistent).

Three more Stack participants and four others who operated with Minuta and James on January 6: This image, from James’ complaint, identifies three other Stack members (the second, third, and last yellow arrow) and four others who interacted with James and Minuta during the day on January 6.

Proud Boys

Enrique Tarrio: Tarrio is the head of the Proud Boys, but got arrested as he entered DC on January 4 on charges relating to vandalizing a Black church in December, onto which possession charges were added. He is referred to in all the Proud Boy conspiracies, repeatedly in the Leader one (because they scrambled to figure out what to do after his arrest). While it’s unlikely he was on the Telegram channels used to organize the insurrection, he was in touch with members via other, thus far unidentified channels.

Joshua Pruitt: Pruitt was arrested for a curfew violation on the night of the insurrection. He told the FBI he hadn’t engaged in any unlawful activity and was just trying to deescalate the situation. But he was indicted on his own weeks later for obstructing the vote count and interfering with cops, and abetting the destruction of property, along with trespassing. The Nordean conspiracy indictment notes that he went in the West entrance shortly after Dominic Pezzola breached it (suggesting the government may now know he was part of a cell with Pezzola). Pruitt is being prosecuted by the same prosecutor as on most Proud Boy cases, Christopher Berridge, and before the same judge, Timothy Kelly.

Gabriel Garcia: Garcia, a former Army Captain, appears to have originally been identified by the Facebook order showing who livestreamed from the Capitol. It’s possible his livestreams were intended to serve as live reporting for those coordinating outside (he catches the names of cops, the size of the crowd, and instructs, “keep ’em coming.” He incites a big push through a line of cops. Later, he calls for “Nancy” to “come out and play” and calls to “Free Enrique” [Tarrio]. He was charged by complaint on January 16 and by indictment on February 16 with obstruction and resisting cops during civil disorder. The Nordean conspiracy indictment notes he went in the West entrance shortly after Pezzola breached it.

Christopher Worrell: The government originally charged Worrell, a committed Proud Boy who traveled to DC in vans of Proud Boys paid for by someone else and wore comms equipment, with trespass crimes on March 10. Among his criminal background, he pretended to be a cop to intimidate a woman. He lied in his first interview with the FBI, hiding that he sprayed pepper spray on some police who were the last line of defense on the West side of the Capitol. According to a witness who knows him, he also directed other likely Proud Boys. After first being released, he was subsequently detained and is awaiting indictment on what the government suggests are likely to be assault charges.

Robert Gieswein: Ethan Nordean spoke to Giswein shortly before he and Pezzola launched the attack on the Capitol suggesting that Gieswein, who had known ties to the 3% movement, was coordinating with the Proud Boys that day. Over the course of breaking into the Capitol, he allegedly assaulted 3 cops with a bat or pepper spray, and broke a window to break in. He was first charged on January 16, indicted on January 27. His docket shows none of the normal proceedings, such as a protective order, but his magistrate’s docket shows two sealed documents placed there in recent weeks.

Ryan Samsel: There’s no indication I know of that ties Samsel to the Proud Boys. But he marched with them and initiated the assault on the West side of the Capitol with Dominic Pezzola and William Pepe. He was charged with assault and obstruction on January 29 and arrested on February 3. In his case, he allegedly did so by assaulting a cop at the first line of barriers, knocking her out. He and the government are in talks for a guilty plea.

Ryan Bennett: Bennett was IDed off his own Facebook livestreaming, while wearing a Proud Boys hat, of the event, including his direct witness to the shooting of Ashli Bennett, with his voice yelling “Break it down!” in the background. He was arrested on January 26 and charged in a still-sealed March 17 indictment over which James Boasberg will preside.

Bryan Betancur: Betancur was busted by his Maryland Probation Officer, to whom he had lied about distributing Bibles to get permission to go to DC. He wore a Proud Boys shirt to the insurrection and is a known white supremacist who espouses violence. He was charged with misdemeanor trespass charges. His defense attorney is already discussing a guilty plea.

Daniel Goodwyn: Goodwyn’s online identity is closely associated with the Proud Boys. He was identified via an interview he did with Baked Alaska during the insurrection and texts sent to an associate; he was arrested on January 29. He was originally charged with trespass, with obstruction added in his indictment on February 24. Charles Berridge was originally the prosecutor on this case but has been replaced on it.

Christopher Kelly: Kelly revealed on Facebook before he headed to DC that he would be going with, “ex NYPD and some proud boys.” While inside, he bragged that they had “stopped the hearing, they are all headed to the basement.” He was originally charged with trespass and obstruction on January 20; he has yet to be (publicly) indicted yet. He has the same defense attorney, Edward McMahon, as Nicholas Ochs.

Around 40 other people who used the Proud Boys “Boots on the Ground” Telegram channel: As I noted here, the government must have at least monikers for — and likely email and/or device identifiers — for around 40 people who used the organizing channel set up less than a day before the operation. It will be interesting to see if they attempt to track all of them down.

Rolling Updates:

Marc Bru, a Proud Boy with ties to Nordean, was charged on March 9.

Paul Rae, a Proud Boy from Florida who trailed Biggs both times he entered the Capitol.

Arthur Jackman: a Proud Boy from Florida who trailed Biggs both times he entered the Capitol, including into the Senate.

 

GoToInsurrection and Other Astounding Oath Keeper Social Media Habits

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DOJ has now charged the following Oath Keeper associates:

Between all the charges, prosecutors have laid out a breathtaking scope of social media use by the militia:

  • A leadership list on Signal they appear to have obtained from either Watkins and/or Kelly Meggs
  • Open channels on Zello, possibly separate ones for each large event
  • Telephony chats and texts, including during January 6
  • MeWe accounts
  • Way too much blabbing on Facebook, followed by a foolish belief they could delete such content
  • Parler for further blabbing
  • Stripe for payment processing (possibly for dues)
  • GoToMeeting for operational planning

Plus, most of the people arrested thus far had their cell phones on, pinging cell towers, while they were in the Capitol (thus far, two of the accused did not enter the Capitol).

It’s the GoToMeeting revelation, in Harrelson’s affidavit, that gets me:

Pursuant to legal process, the government obtained records from Go To Meeting showing that a user named “gator 6” was the organizer for a meeting titled “dc planning call” on January 3, 2021. The user “gator 6” accessed the meeting from a mobile device using the same IP address ending in 158 [as Harrelson used to access Apple servers], and the user listed themselves as living in Titusville, Florida. Between September 30, 2020, and January 3, 2021, the user with the same IP address ending in 158 attended or organized approximately 30 meetings on Go To Meeting affiliated with the Oath Keepers, using the names “gator 6,” “hotel 26,” or kenneth harrelson.”

GoToMeeting is basically spyware for your computer, because it has to access so many features of your computer to work. As a default it collects a great deal of data on participants, and can be set to collect more. It is end-to-end encrypted, but with legal process FBI might be able to get a great deal of information from GTM, if the Oath Keepers kept it.

Between these twelve people, then, DOJ has served legal process on enough databases to create a veritable dossier on the Oath Keepers. While some of these comms (such as the Zello comms) are ephemeral, Facebook and GoToMeeting and Stripe are data vacuums.

With a database like this, the government can be choosy about which Oath Keepers they arrest. Reportedly, DOJ says they may add 6 more people to their collection of Oath Keeper defendants.

Indeed, it’s not really clear why they’ve charged the last three — Minuta, James, and Harrelson — before charging the last several members of the Stack that entered the Capitol together.

Harrelson was not part of the Stack, but the affidavit justifying his arrest shows him — and another guy — in communication as the Stack came up the Capitol steps, with Harrelson interacting with Graydon Young inside the Capitol. But his organizing efforts in Florida would put him in close touch with the Meggses (Kelly leads the Florida chapter) and James (who lives in Alabama but seems to be tied to the Florida chapter), along with Young (who lives in Titusville).

These Florida Oath Keepers were providing “security” for Roger Stone well before the January insurrection, including an event in Florida. (MoJo had a summary of who provided security when yesterday.)

As for Minuta, in addition to serving as Stone’s security on January 5 and 6, he also was abusive to cops before entering the Capitol and on his way out, when he promised the Second Amendment option came next. Like Young, Minuta is also accused of deleting Facebook, probably just as unsuccessfully.

In James’ case, DOJ seems particularly interested in the communications he had with Minuta, called Person Five in the affidavit even though he was already arrested by the time it was approved.

While James stood with the other Oath Keepers, at least one of them (who will be referred to below as “Person Five”)2 aggressively berated and taunted U.S. Capitol police officers responsible for protecting the Capitol and the representatives inside.

[snip]

Records indicate that phone number XXX-XXX-4304 (associated with James) exchanged a number of phone calls throughout November and December 2020 with a person who will be referred to herein as Person Five.

On November 13 and 14, 2020, for example, phone number XXX-XXX-4304 (associated with James) exchanged approximately eight calls with the number associated with Person Five. Your affiant is aware that certain Oath Keepers attended rallies in Washington, D.C., held on November 14, 2020, at which some Oath Keepers, to include Person Five, operated as a personal security detail for one or more speakers at the events.

Later, on or around November 20 and December 11, 2020, records indicate that phone number XXX-XXX-4304 (associated with James) exchanged two phone calls with Person Five. Your affiant is aware that certain Oath Keepers attended rallies in Washington, D.C., held on December 12, 2020, to protest the results of the 2020 election—at which some Oath Keepers, to include Person Five, operated as a personal security detail for speakers at the events.

Finally, records indicate that, on or around January 5, 2021, phone number XXXXXX-4304 (associated with James) exchanged six calls with the number associated with Person Five. That day, James, Person Five, and other individuals wearing apparel with the Oath Keepers name and/or insignia provided security to a speaker at the “Stop the Steal” events planned for that day.

Note that Minuta was hanging out with Proud Boy Dominic Pezzola in that December MAGA event.

James’ affidavit ends with this group photo, identifying Connie Meggs, two still uncharged Stack participants, four uncharged people who tracked with James and Minuta during the insurrection, Kelly Meggs, and another Stack member.

Both the Minuta and James affidavits focus on Oath Keeper head Stewart Rhodes, described as Person One, as does this detailed filing opposing bail for Caldwell.

James stayed in touch with others during the time of active investigation:

Since January 6, 2021, phone number XXX-XXX-4304 (known to be associated with James) has exchanged multiple phone calls and text messages with the number associated with Person Five. The number associated with James has also placed at least one call as recently as February 2021, to a phone number known to be associated with Kelly Meggs, the now-arrested self-described Florida Oath Keeper leader.

Thus far, DOJ isn’t explaining why Minuta, James, and Harrelson were arrested in the weeks after FBI started exploiting the Signal chats that organized Oath Keeper efforts on January 6 and, particular, Kelly Meggs’ communications.

But because the Oath Keepers were such promiscuous users of all kinds of social media tools, the FBI has a remarkable collection of data about the group’s activities since last fall. And they’ve picked these guys to arrest.

Update: In his detention hearing today, the FBI focused on James’ providing security for Stone.

The FBI agent who testified at Thursday’s hearing said several firearms were found during a search warrant executed at James’ home. All of the firearms were legal, and none were confiscated. They included a shotgun, a hunting rifle, a few “AR-15 style rifles,” and two pistols, the agent said.

James was paid $1,500 for security at two events, including a “Stop the Steal” rally on January 6, according from testimony from his wife, Audrey James. Stone and other pro-Trump figures held several events in Washington in addition to the official rally that Trump spoke at shortly before the attack.

Audrey James said she was sent “around $1,500 total” directly from the Oath Keepers over a mobile app. She stated the funds were paid out over a couple of months to assist her and her children during Joshua James’ absence to Texas and Washington, DC, while he was providing security. She said she didn’t know where the money originated from.

This story, by itself, presents real problems with the story Stone told. He raised funds for “security” in advance of the insurrection, but then said he couldn’t find paid security so relied on volunteers.

Government Uses T-Word about the Oath Keepers

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As noted in an update here, Jessica Watkins has now conceded that she didn’t meet with the Secret Service on January 6. Rather, as she entered a pen for VIPs, she obeyed when they told her stash her tactical gear outside the pen, which means hours before she stormed the Capitol believing that protected persons Mike Pence, Nancy Pelosi, Chuck Grassley, and Kamala Harris were inside wearing that tactical gear, she had been told by the Secret Service not to wear it around protected persons.

She has also admitted that the Butler County jail put her on suicide watch when she went on a hunger strike, but insists that because she doesn’t believe she was suicidal, the treatment must have been retaliation because she’s transgender (which wasn’t public at the time). None of that eliminates the danger to transgender people in prison or the inhumanity of suicide watch as imposed by US jails and prisons, but she does admit she has been, “treated with respect and dignity” in the DC jail.

That “clarification” was submitted too late for the government to address it. But in their response to Watkins’ motion for bail, they addressed the problem I laid out — that the government has not provided direct evidence tying Watkins’ cell to the violence of destroying the Capitol doors, but has relied on the destruction, generally, to adopt a presumption of detention — this way:

The defendant cannot rebut the presumption of detention in this case. First, she has been charged and now indicted by a federal grand jury for Aiding and Abetting in the Destruction of Government Property, an enumerated offense under 18 U.S.C § 2332(b)(g)(5)(B) from which the presumption of detention arises. The evidence remains unrebutted that she participated in a violent mob that broke the door through which she “forc[ed] entry into the Capitol” moments later. The defendant argues that she did not intend to destroy property and even told others not to engage in such conduct (at 8), however, has no explanation for the video depicting her, along with other Oath Keeper members and associates, gleefully embedded within this mob outside of the Capitol building before moving inside with them after the door was breached. As she stated in the “Stop the Steal J6” Zello app channel, “We have a good group. We have about 30-40 of us. We are sticking together and sticking to the plan.” (ECF 15 at 2). Any confusion about the defendant’s intent behind this action, as well as whether law enforcement approved of the breach and entry, is clarified by her January 6 Parler post in which she responds to a comment challenging whether she actually forced entry by confirming, “Nope. Forced. Like Rugby. We entered through the back door of the Capitol.” See Criminal Complaint, January 19, 2021 (ECF 1 at 9).

Second, because the defendant has been indicted on an enumerated offense “calculated to influence or affect the conduct of government,” the defendant has been charged with a federal crime of terrorism as defined under 18 U.S.C §§ 2332b(g)(5). Therefore, an additional basis for detention under 18 U.S.C § 3142(g)(1) is applicable. Indeed, the purpose of the aforementioned “plan” that the defendant stated they were “sticking to” in the Zello app channel became startlingly clear when the command over that same Zello app channel was made that, “You are executing citizen’s arrest. Arrest this assembly, we have probable cause for acts of treason, election fraud.” Id. [my emphasis]

The government further relies on communications from October 15 (again, demonstrating the problems with Watkins’ own timeline) and texts directly with Stewart Rhodes to lay out her ideology.

While the defendant asserts that she was just following the constitution and is respectful of law and order (at 4), her adherence is clearly subject to her own understanding of what the Constitution and law mean. As Watkins stated in a text message sent to a recruit on October 15, 2020, when describing her militia: “We are Constitutionalists: non-racial, non-partisan, pro-government so long as that Gov’t follows the Constitution.” The notion that “[s]he recognizes that former President Trump is just that – a former President,” (at 4-5) is belied by the defendant’s statements urging for the need to “fight, kill, and die for our rights” should Biden “still be our President.” (ECF 15 at 4).

[snip]

Finally, detention is necessary because the defendant’s release poses a serious risk of flight. 18 U.S.C. § 3142(f)(2). She has indicated a willingness to go “underground if this coup [Biden election] works,” which comports with the “Warning” issued by the Oath Keeper leader, Person One, calling the current administration “an illegitimate regime” and on members to refuse to obey any acts or orders flowing from this government that are necessarily unconstitutional. (ECF 15 at 13). Moreover, her allegiance to the Oath Keepers and belief in the righteousness of her actions on January 6th has only calcified in the days since. When discussing over text with Person One a media report that portrayed her conduct and that of her fellow Oath Keepers from that day in a negative light, the defendant maintained,

If he has anything negative to say about us OATHKEEPERS, I’ll let you know so we can sue harder. Class action style. Oathkeepers are the shit. They rescued cops, WE saved lives and did all the right things. At the end of the day, this guy better not try us. A lawsuit could even put cash in OK coffers. He doesn’t know who he is playing with. I won’t tolerate a defamation of character, mine or the Patriots we served with in DC. Hooah?!

She has a detention hearing today, which will be an early test of the government’s attenuated use of the damage to the Capitol to label this as terrorism.

The government has shown she planned and trained a cell to fight Joe Biden’s government starting even before the election. Watkins herself has now shown that the Secret Service told her to take off her tactical gear when entering a secured area. The government has now shown she doubled down on her allegiance to the Oath Keepers after the destruction of the insurrection became clear.

We’ll see later today whether that’s sufficient cause to label someone a terrorist.

Tunnels and Trump: The Missing Details in the Oath Keeper Conspiracy

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Yesterday, DOJ indicted the three members of the Oath Keepers previously charged with a conspiracy: Thomas Edward Caldwell, Donovan Ray Crowl, and Jessica Marie Watkins.  I would be shocked if this indictment didn’t serve as a building block for a larger — potentially much larger — conspiracy. Which is why I’m interested in what the indictment includes and excludes in this first release.

The indictment adds details describing the planning and intent of the conspiracy. It shows Watkins planning around the inauguration as early as November 9, the day Trump’s enablers were claiming his efforts to undermine the election might serve as an “off-ramp.”

On November 9, 2020, WATKINS sent text messages to a number of individuals who had expressed interest in joining the Ohio State Regular Militia. In these messages, WATKINS mentioned, among other things, that the militia had a week-long “Basic Training class coming up in the beginning of January,” and WATKINS told one recruit, “I need you fighting fit by innaugeration.” [sic] WATKINS told another individual, “It’s a military style basic, here in Ohio, with a Marine Drill Sergeant running it. An hour north of Columbus Ohio[.]”

She also spoke in apocalyptic terms about a Biden presidency.

I can’t predict. I don’t underestimate the resolve of the Deep State. Biden may still yet be our President. If he is, our way of life as we know it is over. Our Republic would be over. Then it is our duty as Americans to fight, kill and die for our rights.

[snip]

[I]f Biden get the steal, none of us have a chance in my mind. We already have our neck in the noose. They just haven’t kicked the chair yet.

The indictment also includes language making it clear that Watkins believed she was responding to Trump’s instructions.

On December 29, 2020, CROWL and .WATKINS exchanged the following text messages:

WATKINS: You still going to Illinois? We plan on going to DC on the 6th, weather permitting.

CROWL: No . …. What’s going on on the 6th?

WATKINS: DC. Trump wants all able bodied Patriots to come. I’m sure Tom would love to see us as well.

WATKINS: If Trump activates the Insurrection Act, I’d hate to miss it[.]

Because of that and the way the indictment lays out the conspiracy, it makes the details not included in the indictment far more interesting.

The indictment includes a remarkably clear description of the goal and means of the conspiracy. The goal of the conspiracy was to stop Congress’ certification of the vote.

Purpose of the Conspiracy

18. The purpose of the conspiracy was to stop, delay, and hinder Congress’s certification of the Electoral College vote.

Manner and Means

19. CALDWELL, CROWL, and WATKINS, with others known and unknown, carried out the conspiracy through the following manner and means, among others, by:

a. Agreeing to participate in and taking steps to plan an operation to interfere with the official Congressional proceeding on January 6, 2021 (the “January 6 operation”);

b. Using social media, text messaging, and messaging applications to send incendiary messages aimed at recruiting as large a following as possible to go to Washington, D.C., to support the January 6 operation;

c. Coordinating in advance with others, including members of the Oath Keepers from other regions, and joining forces with these individuals and groups to further the January 6 operation;

d. Using a walkie-talkie-like application, and creating a channel on it named “Stop the Steal J6,” to make plans for and to communicate during the January 6 operation;

e. Traveling to and meeting up in Virginia, and continuing together into Washington, D.C., for the January 6 operation;

f. Bringing and contributing paramilitary gear and supplies for the January 6 operation;

g. Forcibly storming past exterior barricades, Capitol Police, and other law enforcement officers, and entering the Capitol complex in furtherance of the January 6 operation; and,

h. After January 6, 2021, concealing evidence of their involvement in the January 6 operation and attack on the Capitol.

While many of the means included military planning, the first two items were simply planning to interfere with the certification and “recruiting as large a following as possible” to participate.

Remember: under conspiracy law, each member of a conspiracy need only agree on a common goal, agree to participate in it, and take an overt act in furthering the conspiracy — an act that doesn’t even, by itself, have to be illegal.

And Watkins, here, not only cites Trump’s goal of wanting, “all able bodied Patriots to come” to DC, but she also describes the plan pushed by Mike Flynn, the invocation of the insurrection act.

Trump and Flynn conveyed those plans on Twitter. They both,

Us[ed] social media, text messaging, and messaging applications to send incendiary messages aimed at recruiting as large a following as possible to go to Washington, D.C., to support the January 6 operation;

It would be child’s play to include them in this conspiracy (though the manner and means would likely be expanded to include other steps the two of them took). Indeed, laid out like this, not eventually including at least those around Trump in this indictment would require some lengthy explanation.

Then there’s this passage that was included in the complaint but not included in the indictment, easily the most chilling language from the complaint.

On January 6, 2021, while at the Capitol, CALDWELL received the following Facebook message: “All members are in the tunnels under capital seal them in . Turn on gas”. When CALDWELL posted a Facebook message that read, “Inside,” he received the following messages, among others: “Tom take that bitch over”; “Tom all legislators are down in the Tunnels 3floors down”; “Do like we had to do when I was in the core start tearing oit florrs go from top to bottom”; and “Go through back house chamber doors facing N left down hallway down steps.”

It’s possible DOJ excluded that paragraph from the indictment because they learned it was not actually part of the conspiracy (which would be surprising, given that it was sent while Caldwell was in the Capitol).

It’s also possible that this language reflects coordination with people against whom the case still must be developed. Whoever it was not only appears to have had a detailed understanding of the Capitol, but may have had updates about the movement of members of Congress.

Just as one possibility, this person might have been one of the people who allegedly got a Capitol tour the day before the insurrection. This person may have been getting updates from insiders — up to and including Lauren Boebert, who twice tweeted about Nancy Pelosi’s movements during the riot.

In other words, this person appears to be a pivot between the terrorists and those giving them inside instruction. DOJ will likely keep what it knows about that part of the operation under wraps until it develops it much further.

Then there are three other people alluded to in the indictment:

  • PERSON ONE, who the conspirators expected might, but did not, provide leadership for this operation. He is referred to as “Stewie” in the complaint, which DOJ took to be a reference to the head of the Oath Keepers, Stewart Rhodes.
  • PERSON TWO, who appears to be Caldwell’s spouse. She joined him in breaching the Capitol, and if prosecutors wanted to pressure him to plead, they could threaten to include her.
  • PERSON THREE appears to be the lead of a group of North Carolina Oath Keepers who came to DC on a bus. That person and the people he or she brought are likely to be added to this indictment.

Those three people, including to those who directed the Oath Keepers how to navigate the Capitol and the Trump associates who incited them to come might all one day be included in this or a related indictment.

Again, I’m not guaranteeing that DOJ will be brave enough to name Trump in this conspiracy. But if they don’t, there will be real question how they avoided it.