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The first day of the trial of the Oath Keepers was dramatic.

NPR: https://www.npr.org/2022/11/03/1133930606/prosecutors-rest-jan-6-seditious-conspiracy-trial-oath-keepers

Timing Rhodes: Stop the Transfer of Power by Taking up Arms against the U.S. government, before the December 13, 2020 Capitol Siege

This week, there was another glimpse at what Rhodes may have been doing outside Oath Keepers. On Dec. 30, 2020, only days before the Capitol siege, Rhodes texted members of the “DC Op: Jan 6 21” chat group: “I have been so busy on back channel working groups trying to advise the President.”

The message sent by the Oath Keepers was an attempt to stop the transfer of presidential power and to use the might of the state to do so, according to federal prosecutors.

Nestler started with a reference to the “core democratic custom of the routine” transfer of power, which Nestler said stretched back to the time of George Washington.

Five alleged members of the far-right militia, including its leader Stewart Rhodes, are on trial in Washington DC’s federal courthouse. They have pleaded not guilty to the charge of seditious conspiracy, a charge rarely brought by the Justice Department, and other charges.

They said they were going to do something and wrote it down, Jeffrey said to the jury. “When the opportunity finally presented itself … they sprang into action.”

The jurors will see evidence that the defendants had no part in the violence that occurred on January 6, according to the lawyer for Rhodes.

If you like what you see and hear, the evidence will show that the defendants did nothing illegal that day.

If Congress could not meet, it could not declare the winner of the election. He said that their goal was to stop the transfer of power by taking up arms against the U.S. government.

Nestler, Meggs, and the Oath Keepers: Opening Arguments for the Justice Department in the November 2016 Capitol Attack at the Pentagon

During the Justice Department opening, the jury was given video footage, maps, and other audio-visual tools that prosecutors used to give an overview of their case

Nestler’s presentation included iPhone footage from the attack that the prosecutor used to identify the defendants and other alleged co-conspirators. When the video on Meggs was presented, Nestler noted the patch that he wore, which said “I am just here for the violence.”

The DOJ also showed video and photographs of the Oath Keepers participating in tactical training sessions. A map of the Washington Mall – showing the site of the rally that preceded the Capitol attack and its distance from the Capitol – was presented while Nestler ticked through communications, including on the walkie talk app Zello, between the defendants that allegedly occurred that day.

Nestler used the opening arguments to also preview how the Justice Department will respond to defenses the Oath Keepers’ attorneys are expected to put forward.

“Even being bad security guards isn’t itself illegal.” “It’s time for you to speak”, Nestler said. The prosecutor claimed that the goal they were planning for was illegal.

The President did not use the Insurrection Act, but his lawyers were ready to take matters into their own hands: a case study of Rhodes

The President did not use the Insurrection Act. It was necessary for these defendants to take matters into their own hands. They had agreed on a plan.

Rhodes, a graduate of the Yale Law School who was later disbarred, has promised to take the witness stand later in this trial. Anything he says outside of court could be used against him on cross-examination. The prosecutors already have a long pile of texts and transcripts. A spokesman for the Justice Department wouldn’t say what he thought of Rhodes’ communication style.

Thomas Caldwell, another defendant, served in the military, Nestler said. “Based on that water experience, he planned to use boats to get across the Potomac.”

Prosecutors say that Rhodes told others in December 2020 that if Trump didn’t stop certifying the election, they would need to do it on their own.

The defendants were more and more desperate and more focused on the date that Rhodes had referred to as a constitutional deadline, as their options dwindled and they became more likely to lose their power.

Nestler, Dolan, Harrelson and Rhodes in Washington, January 6: A Key Talk with Mr. Meggs on the Oath Keepers

According to Nestler, the group organized a caravan of Florida members to drive up to Washington for January 6, and made preparations for where the organization could store firearms in Virginia, just outside DC. A group of people dressed in paramilitary attire brought weapons to DC that day, including chemical spray and thick pieces of wood.

Dolan and Harrelson entered the Capitol together, he testified, around the same time as the Oath Keepers “stack” formation. The prosecutors showed video that showed the defendants chanting “treason” as they walked into the Rotunda.

On Jan. 6 itself, Mr. Meggs was part of a military-style “stack” that entered the east side of the Capitol and, according to prosecutors, moved through the Rotunda toward the House of Representatives in search of Speaker Nancy Pelosi. Mr Rhodes is likely to say that Mr Meggs did not get instructions from the Oath Keepers when he went into the building.

At first, the defendants saw the breach as a success, Nestler said, describing them as “elated,” “boastful” and “proud.” But, according to DOJ’s account, the defendants quickly realized they were in legal jeopardy, and instructed one another to flee town, delete messages and keep quiet.

Alpers said he would be able to do “indirectly” a message to then-president Donald Trump. The meeting was secretly recorded by Alpers because he wanted to have an accurate record of what was said to the president.

“My only regret is that they should have brought rifles… we could have fixed it right then and there.” The Justice Department opening said that Rhodes spoke on January 6.

He suggested that there will be gaps in the evidence, such as video, that the Justice Department will show the jury. He said that, once the prosecutors put on their case, the defense will fill in those gaps.

The defense attorney was told not to discuss topics that hadn’t been ruled out of bounds for the trial at one point, as he prepared to deliver his opening.

Among the off-limits topics brought up by Linder that prompted the interventions were comments about the amount prison time the charges bring, the congressional narrative around January 6, remarks about defendants sitting in jail, and certain details about the Insurrection Act.

While calling his client a “constitutional expert”, Linder said the evidence will show that the clients were there to make security for the events.

“Stewart Rhodes meant no harm to the Capitol that day and he had a lot of free speech and swagger,” said the attorney in the case.

Rhodes is going to testify in his own defense to try and explain what happened on January 6. The Oath Keepers, including William Todd Wilson, are expected to testify during the trial. The allegation that Wilson witnessed Rhodes try to reach Trump on January 6 is part of the reason that he’s planning to ask Wilson about his plea agreement.

The attorney for Caldwell zeroed in on the Justice Department’s point of view in regard to the so-called Quick Reaction Force that was allegedly organized by Caldwell.

He stressed the word “reaction” in that term, and said that QRFs are organized to respond “to emergency situations,” describing a QRF as “a break the glass emergency team.”

What Happened to Caldwell and His Wives in the Oath Keepers: The Case against the DOJ on January 6

The defense has argued that even though the Oath Keepers used military-style tactics to prepare for the events, they were not involved in violence in November or December. There is no evidence that Mr. Rhodes or his members planned for violence at the Capitol in January, according to lawyers for the group.

The DOJ charged the seditious conspiracy with an allegation that there were agreements to prevent the government from being able to conduct its business.

Fischer also launched an extensive critique of how the FBI handled its investigation into his client, calling what happened to Caldwell and his wife “an absolute outrage.” The FBI use of the Facebook messages to justify Caldwell’s arrest were actually from a movie called “The Princess Bride.”

There was more evidence that the agent had an issue with a Facebook message that said he was such an instigator.

Jonathan Crisp, an attorney for Watkins, made similar assertions about the QRF, and he told the jury that the Justice Department’s case against his client was missing context in other respects.

He said that the Zello chats sounded incredibly damming if you didn’t listen in a vacuum, and suggested to the jury that they did not hear much of what was said on the walkie talkie application. He also pointed to her attempts to engage the FBI in its investigation

The first prosecution witness, FBI agent Michael Palian, testified that he witnessed senators crying as they hid from rioters who entered the Capitol on January 6.

Palian told the jury that on January 6, he was sent to the Capitol in the late afternoon and assigned to guard a group of over 80 senators sheltering in the Capitol complex.

When he arrived, he said the scene was chaotic. “I think shock would be the best word to describe what the senators were feeling. There was some crying.”

Palian and approximately 70 other agents escorted senators back to the Senate chamber later that night where they resumed counting electoral college votes, he testified. It looked like a bomb had gone off in the Capitol, as Palian said, describing the broken windows, broken doors, and debris in hallways to the jury.

None of them reported having strong feelings against January 6 that would affect their ability to be fair. While about half of the jurors said they had heard of the Oath Keepers before, none of them reported having strong feelings about Oath Keepers that would threaten the jurors’ impartiality, nor had any of the jurors heard of the specific defendants, according to Mehta’s account of their answers on the jury questionnaire.

He did so while explaining why he was denying a request from the defendants that the case be transferred to Virginia. Mehta ticked through statistics from the jury selection process that shed light on how the jurors had responded to questions meant to test their impartiality.

The Oath Keepers of the March on Jan. 6, 2017: Donald Trump, Hillary Clinton, and the Harrelson Advisory Team

The Oath Keepers who are currently on trial for charges related to the January 6 US Capitol attack, including seditious conspiracy, gathered in September for a campaign rally for former President Donald Trump.

The Oath Keepers would have a plan for if Trump invokes the Insurrection Act, Rhodes said in one text, “but most of my focus will be on presuming he won’t. Prepare for the worst.

Mr. Meggs also played an instrumental role in the Oath Keepers’ getting the job of providing security to Roger J. Stone Jr., Mr. Trump’s longtime political adviser, who was scheduled to speak at rallies on Jan. 5 and Jan. 6. Lawyers for the group suggest that the Oath Keepers went to Washington to protect pro-Trump officials and not to attack the Capitol.

The leader of the groundteam was named two days before the Capitol attack by Mr. Meggs.

But not much is known about Mr. Harrelson’s activities or beliefs in the weeks leading up to Jan. 6, in large part because he had no social media accounts and deleted most of his cellphone messages after the Oath Keepers left Washington that day.

A Peculiar Story of the Times Inside the Capitol: When John Harrelson and Robert W. Pelosi Served in the Pentagon, or What Nelson Mandela Did

How Times reporters cover politics. Our journalists are independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.

The jury will eventually hear evidence that Mr. Harrelson brought rifles to a Comfort Inn in Arlington, Va., as part of a so-called “quick reaction force” designed to rush into Washington and aid the Oath Keepers at the Capitol if things went wrong.

The jurors will also likely hear how Mr. Harrelson entered the building with one of the military “stacks” and joined Mr. Meggs in search of Ms. Pelosi.

Every trial operates on its own rhythms, with a mix of personalities that seem both peculiar and familiar. Here’s a glimpse at what it’s like inside the room.

The most prominent defendant in the case, with a black eye patch, continues to speak outside of the courtroom.

This week, while the trial was on break for a federal holiday, and while in federal custody, Rhodes gave a telephone interview to InfoWars, a website known for peddling conspiracy theories, likening himself to a martyr.

“But just like Nelson Mandela was willing to go to jail for life, he did 20 years, you have to be willing to do that,” Rhodes said, comparing himself to the anti-apartheid leader who spent nearly three decades in prison. “If you’re a freedom fighter, you have to be willing to take the hit, if you’re standing up for rights.” Because if you don’t, then what you become is a slave.”

The Sentiment of Congress: Prosecutors in the Oath Keepers Charged with the Jan. 6 Capitol Controversy

But that strategy risks testing the patience of Judge Amit Mehta and members of the nine-man, seven-woman jury. It has led to lengthy arguments on the bench or over the phones, while the jury and the audience hear the loud courtroom noise.

The prosecutor spent the last fortnight reading messages from the five defendants to the jury while playing secretly recorded audio about their plans. Three people affiliated with the Oath Keepers testified under subpoena about how the group operated.

The Justice Department brought a serious seditious conspiracy case against Oath Keepers, which was related to the siege on the Capitol. Inside the same courthouse, prosecutors continue their work in secret, before grand juries that appear to be investigating the money and organization behind the Jan. 6 rally, as well as a scheme to replace slates of legitimate electors in swing states with fake electors.

The man who only heard Rhodes end of the phone call said that Rhodes inquired about what kinds of weapons might be allowed near the site. Prosecutors didn’t dwell on the issue, but it piqued interest given questions about Donald Trump’s dealings with the Secret Service on the day of the Capitol attack and missing text messages from agents during that time.

The lawyers for Rhodes say the government is stretching when it alleges a formal conspiracy to overthrow the election.

The defense teams have used cross examination to highlight the lack of explicit text messages or recorded conversations among the defendants that outline a plot to burst through the doors of the Capitol and stop the electoral count.

The Oath Keepers and the 2020 Election: Timing the Workday of a New Law Enforcement Officer to Come Together to Defend Donald Trump

Many law enforcement agents have contacts with groups that are of interest to them. The Oath Keepers and other extremist groups that traveled to Washington for rallies after the 2020 election had numerous contacts with local and federal law enforcement agencies, testimony gathered in congressional and federal investigations has shown.

Dolan told the jury that he joined the Oath Keepers in 2020 after surgery for injuries he sustained during his military service “didn’t quite go as hoped.” Dolan was forced to quit his job, he testified.

He made clear that members of the extremist group intended to try and keep then-President Donald Trump in power by intimidating Congress, which was meeting on January 6, 2021, to certify the election results.

“I wanted them to be afraid of me,” Dolan told the jury. They act out of kindness, they act out of charity, and they act out of fear as well. Maybe I could frighten them into doing the right thing if they weren’t going to.

His testimony is important because he will show that Oath Keepers had a plan if Congress didn’t comply with their instructions.

Members of the jury gasped after Dolan brought his guns into the room, as the jury was gripped by his testimony and furiously taking notes. The four defendants watched intently as the testimony was given. Kenneth Harrelson didn’t look at Dolan. All five have pleaded not guilty.

Prosecutors asked Dolan how he understood signals from the five defendants, what he believed the command structure of the organization to be, and how he thought the group planned for the day.

He said that it gave him a sense of belonging, adding that he didn’t feel alone. He liked that most of the group was made up of military or law enforcement veterans and he felt the same way.

As he sat in his garage in early December, Dolan would read Signal messages coming in on the encrypted group message channel for Florida members of the Oath Keepers, he said.

Prosecutors showed the jury messages that said if he had to fight for Trump, he was going to get a prison sentence, tagged with treason, or a bullet from the people he would protect.

The crowd had begun to form on January 6 when he arrived at the Capitol. When he heard that the crowd was happy about the certification being moved forward, he felt a strong reaction.

You had a lot of angry people, Dolan said. “I know from my perspective it seemed like you were never, ever going to have literally possible hundreds of thousands of people in one spot, in one time, who were pissed … it seemed to me at least if anything was going to happen to stop the certification of the election, that was going to be it.”

He wanted them to hear and feel the same things he was feeling. It felt like I had been betrayed. I wanted them to hear and feel the anger, the frustration, the rage that I felt. At the time, I saw that they were betraying our country.

On one message, Rhodes said we will have to rise up in insurrection against the ChiCom puppet Biden if Trump doesn’t get off his ass. “Take your pick.”

Jan. 6, 2021: Senate Jan 6 Seiberg-Conspiracy Trial Against Stewart Rhodes and the Oath Keepers

The self-proclaimed general counsel for the right-wing militia group pleaded not guilty last month to charges relating to the attack on the US Capitol.

The seditious conspiracy trial against Stewart Rhodes and four other members of the Oath Keepers was thrown out on Thursday after a month of testimony.

The trial is the most consequential yet to emerge from the Justice Department’s sprawling investigation into the deadly Jan. 6, 2021, attack on the U.S. Capitol. The other defendants are accused of scheming to use force to prevent Joe Biden from becoming president.

More than two dozen witnesses, including FBI special agents, US Capitol Police officers and two members of the group who rushed the Capitol, testified before the jury.

Rhodes and his alleged co-conspirators — Jessica Watkins, Kelly Meggs, Kenneth Harrelson and Thomas Caldwell — are charged with seditious conspiracy, obstruction and other offenses in connection with Jan. 6.

Watkins, Meggs and Harrelson donned tactical gear and forced their way up the Capitol steps that day and into the building. Rhodes and Caldwell were on Capitol grounds, but did not enter the complex.

Prosecutors say the conspiracy didn’t end on Jan. 6, but instead continued through Biden’s inauguration. Critical evidence was introduced by one of the government’s last witnesses.

Source: https://www.npr.org/2022/11/03/1133930606/prosecutors-rest-jan-6-seditious-conspiracy-trial-oath-keepers

Jason Alpers and three other Oath Keepers in the Dallas neighborhood of the Capitol: “The enemy is in your blood” — a warning to the American people

Prosecutors called Jason Alpers, a military veteran who now does software development in Texas, testified Wednesday that a few days after the Capitol attack he met Rhodes and a few other Oath Keepers in the parking lot of an electronics store in the Dallas area.

“If you don’t, then Biden/Kamala will turn all that power on you, your family, and all of us. You and your family will be imprisoned and killed,” Rhodes wrote in the message, which was shown to the jury. We vets will die fighting against traitors who you turned over all the powers of the Presidency to.

Rhodes urges Trump to be the “savior of the Republic, not a man who surrendered it to deadly traitors and enemies, who then enslaved and murdered millions of Americans.”

The clips of the recording Alpers made were played by prosecutors. If he’s not going to do the right thing and let himself be taken illegally, then we should have brought rifles,” said Rhodes in an excerpt. We could have fixed it by then. I’d hang f** Pelosi from the lamppost.”

Blood will be shed on the streets where your family lives, if civil war is to be on American ground, as Alpers testified. I am wondering if pushing this to President Trump is the best thing to do.

FBI agents testified that they did not find any plan to storm the Capitol in any of the thousands of text messages the defendants sent. The two Oath Keeper witnesses testified that they had an idea of how to stop Congress, but there was no specific plan for it.

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