Judging From These Verdicts, Stewart Rhodes’ Seditious Conspiracy Did Not Involve Attacking the Capitol

A federal jury this week convicted Oath Keepers founder Stewart Rhodes of seditious conspiracy, concluding that he and Kelly Meggs, another member of the right-wing militia, plotted to keep Donald Trump in office “by force.” This is the first time that a jury has convicted participants in the January 6, 2021, riot at the U.S. Capitol of that crime, which is punishable by up to 20 years in prison. The hundreds of Trump supporters who have been arrested in connection with the riot typically have faced misdemeanor charges such as trespassing, disorderly conduct, and unauthorized demonstrating.

Rhodes stands out from those other defendants because he was the leader of an armed organization that was allegedly determined to keep Joe Biden out of the White House by any means necessary. Yet Rhodes’ seditious conspiracy conviction is rather puzzling given the jury’s rejection of two other conspiracy charges against him. The jury acquitted Rhodes of conspiring to obstruct the congressional certification of Biden’s victory on January 6 and of conspiring to prevent members of Congress from discharging their official duties by completing that process.

The eruption of “Stop the Steal” violence on January 6 delayed the electoral vote count, thereby obstructing the peaceful transfer of power, which was the alleged object of the seditious conspiracy. The Oath Keepers’ actions that day, when several participated in the riot while others stood by at a nearby hotel where they had stashed weapons, were the most striking steps they took to advance that scheme. Yet the jury was not persuaded that Rhodes, the group’s ostensible leader, planned to disrupt the congressional ratification of the election results.

Rhodes was on the Capitol grounds during the riot but, unlike several of his codefendants, did not enter the building itself. One of the prosecutors, Jeffrey Nestler, likened Rhodes to “a general surveying his troops on the battlefield.” The jurors evidently did not accept that characterization. While they concluded that Rhodes did in fact obstruct an official proceeding, they found him not guilty of conspiring to do so.

By contrast, two Oath Keepers who did enter the Capitol, Meggs and Jessica Watkins, were convicted of conspiring to interrupt the electoral vote count. Meggs, Watkins, and Kenneth Harrelson, who also entered the building, were convicted of conspiring to interfere with legislators’ official work. Yet Harrelson, Watkins, and Thomas Caldwell, who trespassed on a Capitol balcony during the riot, were acquitted of participating in the seditious conspiracy, while Meggs was convicted of that charge along with Rhodes.

Three Oath Keeper defendants—Joshua JamesBrian Ulrich, and William Todd Wilson—had previously pleaded guilty to seditious conspiracy. Two other members of the group, Jason Dolan and Graydon Young, pleaded guilty to other riot-related charges and testified during the trial of the five remaining defendants. “Dolan testified that he hoped to scare members of Congress and that he was part of a group that ‘would be willing to fight’ to keep [Trump] in office,” NBC News notes. “Young testified that he was ‘acting like a traitor’ on Jan. 6, 2021, and that he thought he was part of an event similar to the 1789 storming of the Bastille during the French Revolution.”

Contrary to the picture painted by the prosecution, however, this week’s confusing combination of verdicts does not suggest that the Oath Keepers acted as a unified force under Rhodes’ command. Judging from the jury’s conclusions, Rhodes was not in on the plan to disrupt the electoral vote count, while Meggs, Watkins, and Harrelson were. Conversely, Rhodes and Meggs were bent on using force to keep Trump in power, while Watkins and Harrelson somehow were not. Caldwell likewise was not part of the seditious conspiracy, despite his role in coordinating and arming the “quick reaction force” (QRF) that remained at a Comfort Inn in Arlington, Virginia, during the riot.

Keep reading

A Peek Inside the FBI’s Unprecedented January 6 Geofence Dragnet

The FBI’s biggest-ever investigation included the biggest-ever haul of phones from controversial geofence warrants, court records show. A filing in the case of one of the January 6 suspects, David Rhine, shows that Google initially identified 5,723 devices as being in or near the US Capitol during the riot. Only around 900 people have so far been charged with offenses relating to the siege.

The filing suggests that dozens of phones that were in airplane mode during the riot, or otherwise out of cell service, were caught up in the trawl. Nor could users erase their digital trails later. In fact, 37 people who attempted to delete their location data following the attacks were singled out by the FBI for greater scrutiny.

Geofence search warrants are intended to locate anyone in a given area using digital services. Because Google’s Location History system is both powerful and widely used, the company is served about 10,000 geofence warrants in the US each year. Location History leverages GPS, Wi-Fi, and Bluetooth signals to pinpoint a phone within a few yards. Although the final location is still subject to some uncertainty, it is usually much more precise than triangulating signals from cell towers. Location History is turned off by default, but around a third of Google users switch it on, enabling services like real-time traffic prediction. 

The geofence warrants served on Google shortly after the riot remained sealed. But lawyers for Rhine, a Washington man accused of various federal crimes on January 6, recently filed a motion to suppress the geofence evidence. The motion, which details the warrant’s process and scale, was first reported by journalist Marcy Wheeler on her blog, Emptywheel

In a statement, a Google spokesperson defended the company’s handling of geofence warrants.

“We have a rigorous process for geofence warrants that is designed to protect the privacy of our users while supporting the important work of law enforcement,” the company said. “When Google receives legal demands, we examine them closely for legal validity and constitutional concerns, including overbreadth, consistent with developing case law. If a request asks for too much information, we work to narrow it. We routinely push back on overbroad demands, including overbroad geofence demands, and in some cases, we object to producing any information at all.”

Google requires a three-step process for geofence warrants to narrow their scope to only those most likely to be guilty of a crime. In the first and broadest step, the FBI asked Google to identify all devices in a 4-acre area, including the Capitol and its immediate surroundings, between 2 pm and 6:30 pm on January 6. Google initially found 5,653 active devices that “were or could have been” within the geofence at that time. When Google added in data from devices that only connected to its servers later that day, or the next, the number increased to 5,723. (Location History works in airplane mode because phones can continue to receive GPS satellite signals.)

Keep reading

Oath Keepers Founder Stewart Rhodes Found Guilty of Seditious Conspiracy in Jan. 6 Case

A JURY HAS returned two landmark guilty verdicts in the Jan. 6 Oath Keepers trial, convicting founder Stewart Rhodes and fellow militia member Kelly Meggs of seditious conspiracy.

The historic verdict — the most serious yet secured in relation to the events of Jan. 6 — was nonetheless mixed. Alleged co-conspirators Jessica Watkins, Thomas Watkins, and Kenneth Harrelson were found not guilty of sedition. Meggs and Watkins were, however, found guilty of the lesser charge of conspiring to disrupt the counting of the votes of the Electoral College. All five prosecuted members of the militia group were found guilty on charges of obstructing an official proceeding. Four of the five, including Rhodes, were found guilty of “tampering with documents or proceedings and aiding and abetting.”

Throughout the trial, which opened on Oct. 4, the government alleged that Rhodes and his subordinates committed “seditious conspiracy” by working to block, by force, the peaceful transfer of power from Donald Trump to Joe Biden. The defendants also faced lesser charges that they conspired to disrupt the official proceedings of the joint session of Congress to certify the votes of the Electoral College. 

Sedition is rarely prosecuted, and convictions are even rarer. 

The Oath Keepers are a conspiratorial militia group that recruits heavily from former-military and law enforcement personnel. The militia began as fiercely anti-government, coping a defensive posture against fever-swamp-nightmares that federal authorities could turn entire cities into internment camps. 

But the militia came to embrace Donald Trump as a hero figure and hoped and believed Trump might marshall them into battle against antifa and other perceived leftist threats. In its conspiratorial worldview, the group saw Biden’s win as a “ChiCom puppet coup” — a victory for the “deep state,” Communist China, shadowy globalists, and alleged “pedophiles” in Congress.  

Keep reading

DC Students and School Staff Must Take COVID-19 Tests to Return After Thanksgiving — Despite Mandatory Vaccines

All students and school staff at DC public schools must test negative for COVID before returning to campus after Thanksgiving break.

The tests are required despite COVID-19 vaccination being mandatory for students ages 12 and older and “highly encouraged” for younger students. Staff are also required to be vaccinated.

The school district is urging families to pick up COVID tests at their schools from November 17 through November 22.

Families are being told to test students on November 27 and upload their results to a school district website.

“To support a safe return from Thanksgiving break, all students and staff are expected to provide proof of a negative COVID-19 test. Families should test their students and upload test results at DCPSstrong.com/testing on Sunday, November 27,” a notice at the top of the school district’s website reads.

According to the website, the school will have access to the results to confirm that the child tested negative.

“The test must be taken the day prior to returning from break, and the staff at your child’s school will have access to this information when you arrive at school,” the website explains.

Schools are also distributing tests in students’ backpacks.

The school district also posted about the new rule on social media.

Keep reading

Capitol Police Officer Told Agents That Oath Keepers Shielded Him, Sealed FBI Record Shows

An FBI document being kept from the public under court seal undermines the government’s seditious-conspiracy case against the Oath Keepers, shows that the indicted members of the group “are not guilty,” and “proves that the prosecution is lying to the jury,” a former Oath Keepers attorney said in a statement provided to The Epoch Times on Oct. 7.

Jonathon Moseley, who previously represented Oath Keepers defendant Kelly Meggs before his law license was revoked, said an FBI interview with a U.S. Capitol Police officer shows the Oath Keepers protected the officer from an angry mob near the Capitol Rotunda on the afternoon of Jan. 6, 2021.

“This document—together with a photograph of the moment inside the U.S. Capitol on January 6—proves that the prosecution is lying to the jury,” Moseley said in the statement (pdf). “No one who engages in seditious conspiracy or insurrection stops to come to the aid of the police against the mob.

“If the Oath Keepers were involved in any way in any insurrection or conspiracy to obstruct the Joint Session of Congress on January 6, would they turn and stand between the U.S. Capitol Police against the mob?” Moseley asked. “This is not merely a good act. This is absolute proof that there never was any insurrection or seditious conspiracy. The prosecution’s entire case is a fraud upon the American people.”

Keep reading

DC Council advances bill to let noncitizens vote

Washington, D.C.’s city council on Tuesday voted to advance a bill that would allow noncitizen residents to vote in local elections.  

“Our immigrant neighbors of all statuses participate, contribute and care about our community in our city. They, like all DC residents, deserve a right to have a say in their government,” said D.C. Councilmember Charles Allen, introducing the bill during the Tuesday legislative meeting. 

“They raise families here, contribute to their community. They run businesses that people depend on, and they pay taxes that we decide how to spend. Yet they have no ability to elect local leaders who make decisions about their bodies, their businesses and their tax dollars,” Allen said. 

The bill would allow all noncitizen residents in the city who otherwise meet voting requirements to vote in local elections, including mayoral, school board and attorney general races — regardless of visa or documentation status.

The councilmembers voted 12-1 in favor of the bill on first reading, greenlighting the bill to go ahead for a final vote before it is sent to Mayor Muriel Bowser (D).

The bill comes as D.C. grapples with an influx of migrants transported into the city as Republican governors in three Southern border states protest the Biden administration’s immigration policies.

Texas Gov. Greg Abbott (R) alone has bused more than 10,000 migrants north to Democratic-led Washington, D.C., New York City and Chicago.

Abbott directly sent two buses to Vice President Harris’s Naval Observatory residence in D.C. as part of what he calls a protest of “sanctuary cities” and federal immigration policy. The action has drawn fire from many Democrats who say the governor is using the migrants as political pawns.  

Councilmember Mary Cheh was the sole vote against the noncitizen voting bill.

Keep reading

D.C. police officers under investigation for confiscating guns without arresting suspects

Several police officers in Washington, D.C., are under investigation for reportedly confiscating illegal guns from criminal suspects while allowing the criminals themselves to go free.

City Police Chief Robert Contee confirmed the investigation on Friday, saying it covered seven officers and supervisors within the city’s law enforcement apparatus. 

“In these cases, the suspect was not arrested, and the suspect should’ve been arrested,” Contee said during a press conference late on Friday. 

“The firearm was taken and placed into evidence, however, the suspect was allowed to go free, and that’s just not the way that we conduct business in the Metropolitan Police Department,” he said. 

Keep reading

Influencer says he was offered money to spread anti-Trump Jan 6 lies on TikTok, brings receipts

Attorney and TikToker @TrialByPreston revealed in a video that the Good Information Foundation attempted to pay him $400 to spread unsubstantiated rumours and misinformation about January 6President Trump, and his 2020 presidential campaign. 

“I was just offered $400 to make an anti-Donald Trump propaganda post related to the January 6 investigation that is completely not true,” Preston Moore, Esq. said in the video. The Good Information Foundation, headed by Rick Stengel, Former Under Secretary of State in Obama administration, emphasizes that “America is in an information crisis,” and that “disinformation is threatening public health, safety, social trust and democracy.”

Moore emphasized that he’s not a Trump supporter to “give a little bit of context,” and noted that he’s an attorney who posts legal news on TikTok. Other videos on his channel include discussions of the special master that was appointed to review documents seized by the FBI from Trump’s Mar-a-Lago home, on the Parkland school shooter, on the Constitution, or other matters.

Then he launched into what happened, saying: “I get an email from somebody at the Good Information Foundation.” That person, he said, obscuring the name, “sent me a message letting me know she represented the Good Information Foundation and that she was willing to offer a paid collaboration to discuss some topics related to January 6.

“I said ‘sure, why not,’ I’ll learn some more,” he said. He learned that the Good Information Foundation would pay him $400 to make a post on his page and share it to Instagram, and that there were specific bullet points that they’d like him to hit to earn that fee. 

Keep reading