The President Is Slithering Off To Mar-A-Lago But The MAGA Menace Isn't Going Away
by Stephen Colbert
Jan 15, 2021
Our disgraced, twice-impeached president is said to be planning to slink off to his Florida estate without attending Joe Biden's inauguration, leaving in his wake untold numbers of angry, conspiracy-fueled supporters still bent on causing destruction in his name.
Trump lashes out at Gov. Doug Ducey following certification
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sat Jan 16, 2021 9:30 am
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sat Jan 16, 2021 9:45 am
Lawmakers who conspired with Capitol attackers in legal peril: If any members of Congress are proven to have colluded with the rioters, their position likely won't save them from criminal liability.
by Josh Gerstein
Politico
01/14/2021 07:38 PM EST
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
Trump supporters gesture to U.S. Capitol Police on Jan. 6 outside of the Senate chamber. | Manuel Balce Ceneta, File/AP
Lawmakers who interacted with the pro-Trump protesters who rioted at the Capitol last week could face criminal charges and will almost certainly come under close scrutiny in the burgeoning federal investigation into the assault, former prosecutors said.
“This is incredibly serious,” said Ron Machen, a former U.S. attorney for Washington, D.C. “Although you would need compelling evidence before charging a member of Congress with anything related to the breach of the Capitol that day, this has to be investigated.”
Unlike with the president, there’s no Justice Department policy shielding members of Congress from legal accountability while in office.
“I’d say those are potentially viable prosecutions,” added Peter Zeidenberg, another former federal prosecutor in Washington. “I’d say those guys should be worried.”
The role members of Congress may have played in facilitating the deadly attack drew intense attention this week after Democratic lawmakers alleged that some of their Republican colleagues facilitated tours of the Capitol on January 5 — one day before demonstrators engaged in the assault that terrorized lawmakers, ransacked congressional offices and left as many as five people dead.
Rep. Mikie Sherrill (D-N.J.) sent a letter Wednesday formally asking the Capitol Police and congressional officials to investigate the tours, which she said were unusual. In a Facebook video, she said the visits amounted to “a reconnaissance of the next day.”
“The tours being conducted on Tuesday, January 5, were a noticeable and concerning departure from the procedures in place as of March 2020 that limited the number of visitors to the Capitol,” Sherrill and 33 colleagues wrote. “The visitors encountered by some of the Members of Congress on this letter appeared to be associated with the rally at the White House the following day.”
Sherrill suggested that access raised the possibility that the visitors were casing the building for the assault that unfolded the next day.
“Members of the group that attacked the Capitol seemed to have an unusually detailed knowledge of the layout of the Capitol Complex,” she wrote. “Given the events of January 6, the ties between these groups inside the Capitol Complex and the attacks on the Capitol need to be investigated.”
Justice Department officials have said they are looking for “all actors” who were involved in the Capitol riot. The FBI has also called on the public to turn over evidence on those who “instigated” violence.
Asked whether the probe includes potentially complicit lawmakers, a Justice Department spokesperson referred questions to the FBI, which did not respond to a request for comment.
The chief organizer of Stop the Steal, one of the groups behind the Jan. 6 protests that ended in a violent assault on the Capitol, has claimed to be working with several Republican members of the House to organize the event. But it remains to be seen whether any coordination ahead of last week’s rally extends to complicity in the storming of Congress.
Democrats have raised several potential means for punishing GOP lawmakers who may have been involved in either fomenting or directing the riot — from congressional investigation to criminal sanction.
“I hope we understand if there was an inside job — whether it was members or staff or anyone working at the Capitol who helped these attackers better navigate the Capitol — that is going to be investigated,” Rep. Eric Swalwell (D-Calif.) said Wednesday on MSNBC. Swalwell has also called out specific GOP lawmakers on Twitter, such as Rep. Lauren Boebert (R-Colo.), for seeming to disclose House Speaker Nancy Pelosi’s movements during the attack.
“To hell with the Ethics Committee, these people need to be charged criminally,” Rep. Sean Patrick Maloney (D-N.Y.) said on the same network.
The issue even arose during the historic impeachment debate on the House floor, where Rep. Cedric Richmond (D-La.) said some of his colleagues “may well be co-conspirators.”
Lawyers with experience prosecuting complex criminal cases said that anyone who helped the rioters survey the Capitol could face grave charges.
“It’s deadly serious,” said former federal prosecutor Harry Litman. “It’s kind of like giving troop movements to the enemy.”
Litman said he expects investigators to sweep through emails and text messages, looking for indications that anyone who works at the Capitol was coordinating with the plotters. Under criminal law principles, even those with minor roles could be held liable for the worst offenses of the rioters.
“Talking it through with them is really conspiracy territory, that means you’re potentially on the hook for everything that’s reasonably foreseeable and, knowing this cast of characters it seems to me that everything from trespassing to use of weapons to incendiary devices is reasonably foreseeable,” Litman said. “If the evidence proves it, they could be on the hook for everything up to seditious conspiracy.”
Machen said more evidence needs to be developed but there are hints of a possible case for aiding and abetting the rioters.
“If a member of Congress led the insurrectionists around the Capitol the day before the attack and there was compelling evidence of complicity in the breach, if congressional members were actively aiding and abetting people trying to storm the Capitol and disrupt the electoral certification, that’s really as close to being at the heart of a seditious conspiracy charge as you could hope to find,” the ex-U.S. attorney said.
Some lawyers have said that inflammatory speeches by President Donald Trump, Trump lawyer Rudy Giuliani and Rep. Mo Brooks (R-Ala.) to the crowd that joined in the riot a short time later may be protected by the First Amendment. Fiery speeches are not uncommon at political events and making speakers responsible for all actions taken by audience members could chill public debate, scholars argue.
But ex-prosecutors say any criminal case against Trump or lawmakers would not be based solely on the speeches, but on other public and private communications — emails and texts exchanged with organizers and supporters in the days leading up to the rally and on the day of the shocking attack. Investigators will be looking for discussion of a physical assault on the Capitol building and for indications that individual members were specifically targeted.
Several experienced attorneys noted that any prosecution of political actors would be brought in Washington and that a local jury is unlikely to be sympathetic to claims that speakers were being colorful and not criminal.
“I would guess a jury would not find it very convincing. And these cases are going to be tried in D.C. and the jury isn’t going to buy this,” Zeidenberg said.
Investigations of Congress face special challenges. Lawmakers can try to use the Constitution’s speech or debate clause, which gives limited immunity to House members and senators, to prevent investigators from accessing their communications related to their official duties.
In 2007, the D.C. Circuit Court of Appeals sharply criticized prosecutors for their handling of a search of the office of Rep. William Jefferson (D-La.) as part of a corruption probe. The judges said members of Congress are entitled to advance notice of such a search and to review any materials investigators seek to seize.
However, Zeidenberg said he’s confident those obstacles can be overcome. “There’s no speech or debate clause that covers text messages with constituents about breaking into the Capitol,” he said.
With the number of individuals facing charges now above 70 and still climbing, investigators also might not need to get communications from lawmakers or their offices in the first instance, but can get them from the email accounts and devices of suspected rioters.
“The first people to cooperate get the best treatment,” said Joyce Vance, a former U.S. attorney in Alabama. “Once they’ve identified people who went inside, they’re going to want to turn over what they have either because they have nothing to hide or because they want a deal, so it should not be very hard to get those communications.”
Some lawyers said the key question may not be whether a jury would convict, but whether Justice Department officials — including Biden’s Attorney General nominee Merrick Garland — decide the evidence of collaboration is strong enough to overcome concerns about intruding on the usual robust protections for free speech.
“It’s a big buffer for political speech and that would be a big part of the things Garland will have to look at, but this is like nothing I’ve ever seen from a political leader,” Litman said of Trump’s speech to the rally. “It’s a stronger case than the classic cases where the courts have come down on the political speech side of the equation.”
In his speech just before the attack, Trump urged his followers to “fight like hell.” However, Vance said charging the president or ex-president based solely on his comments at the rally would be challenging.
“They’re susceptible, standing alone, to an interpretation they are hyperbolic,” she said. “It’s really the course of conduct you’d need sufficient to prove intent to incite. … This is a tough one and I’m not sure it’s a realistic expectation the president of the United States is going to get indicted for sedition absent a real smoking gun showing up.”
by Josh Gerstein
Politico
01/14/2021 07:38 PM EST
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.
Trump supporters gesture to U.S. Capitol Police on Jan. 6 outside of the Senate chamber. | Manuel Balce Ceneta, File/AP
Lawmakers who interacted with the pro-Trump protesters who rioted at the Capitol last week could face criminal charges and will almost certainly come under close scrutiny in the burgeoning federal investigation into the assault, former prosecutors said.
“This is incredibly serious,” said Ron Machen, a former U.S. attorney for Washington, D.C. “Although you would need compelling evidence before charging a member of Congress with anything related to the breach of the Capitol that day, this has to be investigated.”
Unlike with the president, there’s no Justice Department policy shielding members of Congress from legal accountability while in office.
“I’d say those are potentially viable prosecutions,” added Peter Zeidenberg, another former federal prosecutor in Washington. “I’d say those guys should be worried.”
The role members of Congress may have played in facilitating the deadly attack drew intense attention this week after Democratic lawmakers alleged that some of their Republican colleagues facilitated tours of the Capitol on January 5 — one day before demonstrators engaged in the assault that terrorized lawmakers, ransacked congressional offices and left as many as five people dead.
Rep. Mikie Sherrill (D-N.J.) sent a letter Wednesday formally asking the Capitol Police and congressional officials to investigate the tours, which she said were unusual. In a Facebook video, she said the visits amounted to “a reconnaissance of the next day.”
“The tours being conducted on Tuesday, January 5, were a noticeable and concerning departure from the procedures in place as of March 2020 that limited the number of visitors to the Capitol,” Sherrill and 33 colleagues wrote. “The visitors encountered by some of the Members of Congress on this letter appeared to be associated with the rally at the White House the following day.”
Sherrill suggested that access raised the possibility that the visitors were casing the building for the assault that unfolded the next day.
“Members of the group that attacked the Capitol seemed to have an unusually detailed knowledge of the layout of the Capitol Complex,” she wrote. “Given the events of January 6, the ties between these groups inside the Capitol Complex and the attacks on the Capitol need to be investigated.”
Justice Department officials have said they are looking for “all actors” who were involved in the Capitol riot. The FBI has also called on the public to turn over evidence on those who “instigated” violence.
Asked whether the probe includes potentially complicit lawmakers, a Justice Department spokesperson referred questions to the FBI, which did not respond to a request for comment.
The chief organizer of Stop the Steal, one of the groups behind the Jan. 6 protests that ended in a violent assault on the Capitol, has claimed to be working with several Republican members of the House to organize the event. But it remains to be seen whether any coordination ahead of last week’s rally extends to complicity in the storming of Congress.
Democrats have raised several potential means for punishing GOP lawmakers who may have been involved in either fomenting or directing the riot — from congressional investigation to criminal sanction.
“I hope we understand if there was an inside job — whether it was members or staff or anyone working at the Capitol who helped these attackers better navigate the Capitol — that is going to be investigated,” Rep. Eric Swalwell (D-Calif.) said Wednesday on MSNBC. Swalwell has also called out specific GOP lawmakers on Twitter, such as Rep. Lauren Boebert (R-Colo.), for seeming to disclose House Speaker Nancy Pelosi’s movements during the attack.
“To hell with the Ethics Committee, these people need to be charged criminally,” Rep. Sean Patrick Maloney (D-N.Y.) said on the same network.
The issue even arose during the historic impeachment debate on the House floor, where Rep. Cedric Richmond (D-La.) said some of his colleagues “may well be co-conspirators.”
Lawyers with experience prosecuting complex criminal cases said that anyone who helped the rioters survey the Capitol could face grave charges.
“It’s deadly serious,” said former federal prosecutor Harry Litman. “It’s kind of like giving troop movements to the enemy.”
Litman said he expects investigators to sweep through emails and text messages, looking for indications that anyone who works at the Capitol was coordinating with the plotters. Under criminal law principles, even those with minor roles could be held liable for the worst offenses of the rioters.
“Talking it through with them is really conspiracy territory, that means you’re potentially on the hook for everything that’s reasonably foreseeable and, knowing this cast of characters it seems to me that everything from trespassing to use of weapons to incendiary devices is reasonably foreseeable,” Litman said. “If the evidence proves it, they could be on the hook for everything up to seditious conspiracy.”
Machen said more evidence needs to be developed but there are hints of a possible case for aiding and abetting the rioters.
“If a member of Congress led the insurrectionists around the Capitol the day before the attack and there was compelling evidence of complicity in the breach, if congressional members were actively aiding and abetting people trying to storm the Capitol and disrupt the electoral certification, that’s really as close to being at the heart of a seditious conspiracy charge as you could hope to find,” the ex-U.S. attorney said.
Some lawyers have said that inflammatory speeches by President Donald Trump, Trump lawyer Rudy Giuliani and Rep. Mo Brooks (R-Ala.) to the crowd that joined in the riot a short time later may be protected by the First Amendment. Fiery speeches are not uncommon at political events and making speakers responsible for all actions taken by audience members could chill public debate, scholars argue.
But ex-prosecutors say any criminal case against Trump or lawmakers would not be based solely on the speeches, but on other public and private communications — emails and texts exchanged with organizers and supporters in the days leading up to the rally and on the day of the shocking attack. Investigators will be looking for discussion of a physical assault on the Capitol building and for indications that individual members were specifically targeted.
Several experienced attorneys noted that any prosecution of political actors would be brought in Washington and that a local jury is unlikely to be sympathetic to claims that speakers were being colorful and not criminal.
“I would guess a jury would not find it very convincing. And these cases are going to be tried in D.C. and the jury isn’t going to buy this,” Zeidenberg said.
Investigations of Congress face special challenges. Lawmakers can try to use the Constitution’s speech or debate clause, which gives limited immunity to House members and senators, to prevent investigators from accessing their communications related to their official duties.
In 2007, the D.C. Circuit Court of Appeals sharply criticized prosecutors for their handling of a search of the office of Rep. William Jefferson (D-La.) as part of a corruption probe. The judges said members of Congress are entitled to advance notice of such a search and to review any materials investigators seek to seize.
However, Zeidenberg said he’s confident those obstacles can be overcome. “There’s no speech or debate clause that covers text messages with constituents about breaking into the Capitol,” he said.
With the number of individuals facing charges now above 70 and still climbing, investigators also might not need to get communications from lawmakers or their offices in the first instance, but can get them from the email accounts and devices of suspected rioters.
“The first people to cooperate get the best treatment,” said Joyce Vance, a former U.S. attorney in Alabama. “Once they’ve identified people who went inside, they’re going to want to turn over what they have either because they have nothing to hide or because they want a deal, so it should not be very hard to get those communications.”
Some lawyers said the key question may not be whether a jury would convict, but whether Justice Department officials — including Biden’s Attorney General nominee Merrick Garland — decide the evidence of collaboration is strong enough to overcome concerns about intruding on the usual robust protections for free speech.
“It’s a big buffer for political speech and that would be a big part of the things Garland will have to look at, but this is like nothing I’ve ever seen from a political leader,” Litman said of Trump’s speech to the rally. “It’s a stronger case than the classic cases where the courts have come down on the political speech side of the equation.”
In his speech just before the attack, Trump urged his followers to “fight like hell.” However, Vance said charging the president or ex-president based solely on his comments at the rally would be challenging.
“They’re susceptible, standing alone, to an interpretation they are hyperbolic,” she said. “It’s really the course of conduct you’d need sufficient to prove intent to incite. … This is a tough one and I’m not sure it’s a realistic expectation the president of the United States is going to get indicted for sedition absent a real smoking gun showing up.”
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sat Jan 16, 2021 10:46 am
Texas realtor who took private jet is charged in Capitol riot
by Minyvonne Burke
nbc news
Fri, January 15, 2021, 1:09 PM
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
Image: Jenna Ryan at the Capitol on Jan. 6, 2021. (U.S. Attorney's Office D.C.)
A Texas realtor who took a private jet to the riot at the U.S. Capitol last week and called it the best day of her life is facing federal charges.
Jennifer Ryan, who goes by Jenna Ryan on social media, is the latest person charged in connection to the Jan. 6 attack that left five people dead, including a Capitol police officer.
Federal authorities said in court documents released Friday that Ryan traveled with a group to Washington, D.C., on Jan. 5 and documented her two-day trip on social media.
In one deleted video, Ryan said, “We’re gonna go down and storm the Capitol. They’re down there right now and that’s why we came and so that’s what we are going to do. So wish me luck.”
Another video that is still up on Ryan's Facebook page shows her and a group of President Donald Trump's supporters walking toward the Capitol. "This is a prelude to the war that's about to happen," she warns.
She also livestreamed herself entering the building.
"We are going to f------ go in here. Life or death, it doesn’t matter. Here we go," she said in a now-deleted video. Ryan later added: Y’all know who to hire for your realtor. Jenna Ryan for your realtor.”
Authorities said hours after the breach, Ryan wrote on Twitter that she had "just stormed the Capital [sic]."
"It was one of the best days of my life," she wrote, according to the court documents. Another photo included in the documents shows her standing next to a broken window at the Capitol. In the caption, she said that news studios would be next "if the news doesn't stop lying about us."
Image: (U.S. Attorney's Office D.C.)
Ryan was charged with disorderly conduct on Capitol grounds and knowingly entering or remaining in any restricted building or grounds without lawful entry. It's not clear if she has obtained an attorney.
In a statement released Jan. 8, Ryan said she thought she was attending a "peaceful political march" but it turned into a violent protest.
"I do not condone the violence that occurred," she wrote. "And I am truly heartbroken for the people who have lost their lives. Hatred and violence toward each other are not going to solve our country’s issues. As a nation, we need to come together Republican, Democrat and Independent and have an open and honest discussion about the issues in our country and resolve our issues in peace."
by Minyvonne Burke
nbc news
Fri, January 15, 2021, 1:09 PM
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.
Image: Jenna Ryan at the Capitol on Jan. 6, 2021. (U.S. Attorney's Office D.C.)
A Texas realtor who took a private jet to the riot at the U.S. Capitol last week and called it the best day of her life is facing federal charges.
Jennifer Ryan, who goes by Jenna Ryan on social media, is the latest person charged in connection to the Jan. 6 attack that left five people dead, including a Capitol police officer.
Federal authorities said in court documents released Friday that Ryan traveled with a group to Washington, D.C., on Jan. 5 and documented her two-day trip on social media.
In one deleted video, Ryan said, “We’re gonna go down and storm the Capitol. They’re down there right now and that’s why we came and so that’s what we are going to do. So wish me luck.”
Another video that is still up on Ryan's Facebook page shows her and a group of President Donald Trump's supporters walking toward the Capitol. "This is a prelude to the war that's about to happen," she warns.
She also livestreamed herself entering the building.
"We are going to f------ go in here. Life or death, it doesn’t matter. Here we go," she said in a now-deleted video. Ryan later added: Y’all know who to hire for your realtor. Jenna Ryan for your realtor.”
Authorities said hours after the breach, Ryan wrote on Twitter that she had "just stormed the Capital [sic]."
"It was one of the best days of my life," she wrote, according to the court documents. Another photo included in the documents shows her standing next to a broken window at the Capitol. In the caption, she said that news studios would be next "if the news doesn't stop lying about us."
Image: (U.S. Attorney's Office D.C.)
Ryan was charged with disorderly conduct on Capitol grounds and knowingly entering or remaining in any restricted building or grounds without lawful entry. It's not clear if she has obtained an attorney.
In a statement released Jan. 8, Ryan said she thought she was attending a "peaceful political march" but it turned into a violent protest.
"I do not condone the violence that occurred," she wrote. "And I am truly heartbroken for the people who have lost their lives. Hatred and violence toward each other are not going to solve our country’s issues. As a nation, we need to come together Republican, Democrat and Independent and have an open and honest discussion about the issues in our country and resolve our issues in peace."
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sat Jan 16, 2021 10:53 am
Republican lawmaker to ask Justice Department to investigate Trump's response to attack on U.S. Capitol
by Michael Isikoff
Chief Investigative Correspondent
yahoo news
Fri, January 15, 2021, 4:28 PM
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
WASHINGTON — A ranking House Republican is formally asking the Justice Department to broaden its investigation to include President Trump’s conduct during the Jan. 6 attack on the U.S. Capitol when members of Congress and others were reportedly pleading for him to deploy the National Guard and take other steps to quell the riot.
“I would go beyond the article filed by the Democrats and [House Speaker Nancy] Pelosi,” Rep. Michael McCaul of Texas said on the Yahoo News “Skullduggery” podcast. “I’m interested in what actions were taken after the Capitol was breached. Once the president knew that the Capitol was under siege and really being invaded by domestic terrorists, what actions did the president specifically take to remedy what happened?
“If it was al-Qaida attacking the Capitol, my God, I would think the president would pull out all the stops to ensure the National Guard was fully deployed and would stop this breach and this invasion of the Capitol.”
McCaul is a former federal prosecutor who previously served as chair of the House Homeland Security Committee and is now the ranking Republican on the House Foreign Affairs Committee. He said he will send a letter to the Justice Department as early as Monday requesting that the ongoing investigation into the events of Jan. 6 be widened to specifically include the actions and responses of the president and other senior officials. A Justice Department spokesman did not immediately respond to a request for comment.
Rep. Michael McCaul at a press conference in Washington, D.C., in 2018. (Brian Stukes/Getty Images)
So far, there have been conflicting and incomplete reports about the delay in deploying National Guard troops that day. The Washington Post has reported that then-Capitol Police Chief Steven Sund, who has since resigned, made at least five urgent pleas for National Guard troops that afternoon but was first denied by a top aide to Army Secretary Ryan McCarthy. Acting Defense Secretary Chris Miller later verbally authorized the deployment, according to the paper, although the first National Guard troops didn’t arrive at the Capitol until 5:40 p.m., after the worst of the violence was over. President Trump in a video that day claimed he “immediately deployed” the National Guard troops that afternoon. But the New York Times has reported that Trump initially rebuffed the request, and it was Vice President Mike Pence who authorized the deployment.
McCaul, in the interview, added potentially new details. “There are some material fact witnesses in the White House, but also in Congress,” he said. “We had members of Congress on the phone with the president telling him, ‘Please tell these people to stop and please deploy the National Guard as soon as possible.’”
President Trump in Alamo, Texas, on Tuesday. (Mandel Ngan/AFP via Getty Images)
McCaul, who represents a Texas district that stretches from the Austin to Houston suburbs, has walked a political tightrope on the issues surrounding Trump and the election. Although a Trump supporter, he forcefully denounced the effort by many of his fellow Republicans to reject the certification of the Electoral College vote, insisting — as he repeated during the “Skullduggery” interview — that Congress had no constitutional authority to do so. Yet, after deliberating until nearly the last minute, he voted against impeaching the president, saying he was uncomfortable with what he viewed as a rush to judgment with no hearings or testimony before the House.
Yet McCaul says the stakes are so high that he still wants a full investigation of everything that happened that day, both by the Justice Department and Congress. And, he says, he’s open to the idea that he may have been wrong in his vote. “My greatest fear is evidence will come out that will shed light on what happened and may change my thinking on impeachment,” he said.
by Michael Isikoff
Chief Investigative Correspondent
yahoo news
Fri, January 15, 2021, 4:28 PM
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.
WASHINGTON — A ranking House Republican is formally asking the Justice Department to broaden its investigation to include President Trump’s conduct during the Jan. 6 attack on the U.S. Capitol when members of Congress and others were reportedly pleading for him to deploy the National Guard and take other steps to quell the riot.
“I would go beyond the article filed by the Democrats and [House Speaker Nancy] Pelosi,” Rep. Michael McCaul of Texas said on the Yahoo News “Skullduggery” podcast. “I’m interested in what actions were taken after the Capitol was breached. Once the president knew that the Capitol was under siege and really being invaded by domestic terrorists, what actions did the president specifically take to remedy what happened?
“If it was al-Qaida attacking the Capitol, my God, I would think the president would pull out all the stops to ensure the National Guard was fully deployed and would stop this breach and this invasion of the Capitol.”
McCaul is a former federal prosecutor who previously served as chair of the House Homeland Security Committee and is now the ranking Republican on the House Foreign Affairs Committee. He said he will send a letter to the Justice Department as early as Monday requesting that the ongoing investigation into the events of Jan. 6 be widened to specifically include the actions and responses of the president and other senior officials. A Justice Department spokesman did not immediately respond to a request for comment.
Rep. Michael McCaul at a press conference in Washington, D.C., in 2018. (Brian Stukes/Getty Images)
So far, there have been conflicting and incomplete reports about the delay in deploying National Guard troops that day. The Washington Post has reported that then-Capitol Police Chief Steven Sund, who has since resigned, made at least five urgent pleas for National Guard troops that afternoon but was first denied by a top aide to Army Secretary Ryan McCarthy. Acting Defense Secretary Chris Miller later verbally authorized the deployment, according to the paper, although the first National Guard troops didn’t arrive at the Capitol until 5:40 p.m., after the worst of the violence was over. President Trump in a video that day claimed he “immediately deployed” the National Guard troops that afternoon. But the New York Times has reported that Trump initially rebuffed the request, and it was Vice President Mike Pence who authorized the deployment.
McCaul, in the interview, added potentially new details. “There are some material fact witnesses in the White House, but also in Congress,” he said. “We had members of Congress on the phone with the president telling him, ‘Please tell these people to stop and please deploy the National Guard as soon as possible.’”
President Trump in Alamo, Texas, on Tuesday. (Mandel Ngan/AFP via Getty Images)
McCaul, who represents a Texas district that stretches from the Austin to Houston suburbs, has walked a political tightrope on the issues surrounding Trump and the election. Although a Trump supporter, he forcefully denounced the effort by many of his fellow Republicans to reject the certification of the Electoral College vote, insisting — as he repeated during the “Skullduggery” interview — that Congress had no constitutional authority to do so. Yet, after deliberating until nearly the last minute, he voted against impeaching the president, saying he was uncomfortable with what he viewed as a rush to judgment with no hearings or testimony before the House.
Yet McCaul says the stakes are so high that he still wants a full investigation of everything that happened that day, both by the Justice Department and Congress. And, he says, he’s open to the idea that he may have been wrong in his vote. “My greatest fear is evidence will come out that will shed light on what happened and may change my thinking on impeachment,” he said.
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sat Jan 16, 2021 11:32 am
United States of America vs. Jacob Anthony Chansley, a.k.a. “Jacob Angeli”
by Michael Bailey, U.S. Attorney, District of AZ and Kristen Brook, Assistant U.S. Attorney
Jan. 14, 2021
MICHAEL BAILEY
United States Attorney
District of Arizona
KRISTEN BROOK
Assistant U.S. Attorney
Arizona State Bar No. 023121
Two Renaissance Square
40 N. Central Ave., Suite 1800
Phoenix, Arizona 85004
Telephone: 602-514-7500
Email: Kristen.Brook@usdoj.gov
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
Plaintiff,
vs.
Jacob Anthony Chansley, a.k.a. “Jacob Angeli,”
Defendant.
MJ 21-05000
CR21-00003-RCL
GOVERNMENT’S BRIEF IN SUPPORT OF DETENTION
INTRODUCTION AND SUMMARY OF ARGUMENT
The detention hearing for Jacob Anthony Chansley ("Chansley") is scheduled for January 15, 2021, at 2:30 p.m. For the reasons set forth below, the Court should order Chansley to be detained pending trial. Chansley is an active participant in—and has made himself the most prominent symbol of—a violent insurrection that attempted to overthrow the United States Government on January 6, 2021. Chansley has expressed interest in returning to Washington, D.C. for President-Elect Biden’s inauguration and has the ability to do so if the Court releases him. No conditions can reasonably assure his appearance as required, nor ensure the safety of the community.
A federal grand jury indicted Chansley on January 11, 2021. (See Att. A, Indictment.) The indictment charges two felonies and four misdemeanors arising from Chansley’s actions in the Capitol on January 6. Count One, a felony in violation of 18 U.S.C. § 231(a)(3), alleges that Chansley “committed and attempted to commit an act to obstruct, impede, and interfere with a law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder, and the civil disorder obstructed, delayed, or adversely affected the conduct and performance of a federally protected function.” (Att. A at 1-2.) Count Two, also a felony, alleges that Chansley “attempted to, and did corruptly obstruct, influence, and impede an official proceeding, that is, a proceeding before Congress, by committing an act of civil disorder, and threatening Congressional officials, and unlawfully remaining in a restricted building without lawful authority, and engaging in disorderly and disruptive conduct,” in violation of 18 U.S.C. § 1512(c)(2). (Att. A at 2.)
Detention is authorized in this case because, as explained below, Chansley has committed a felony that involves the use of a dangerous weapon (a spear), and there are serious risks that he will flee and obstruct or attempt to obstruct justice. Furthermore, he poses an ongoing danger to the community that no conditions of pretrial release can mitigate. See 18 U.S.C. § 1342(f)(E), (f)(2)(A), (f)(2)(B), (g)(4).
At the hearing tomorrow, the United States will rely on the Pretrial Services Report (“PTS Report”) on proffered facts contained below detailing the attack on the United States Capitol on January 6, 2021, and on Chansley’s actions before, during, and after the attack that led to his arrest. United States v. Winsor, 785 F.2d 755, 756 (9th Cir. 1986) (“[T]he government may proceed in a detention hearing by proffer or hearsay.”). If the Court wishes to hear testimony from a Special Agent with the Federal Bureau of Investigation (FBI), an agent will be available and the United States will be prepared to present such testimony at the hearing.
FACTUAL AND PROCEDURAL HISTORY
The Current Offense. The United States Capitol, located at First Street, SE, in Washington, D.C., is secured 24 hours-a-day by the U.S. Capitol Police. Restrictions around the U.S. Capitol include permanent and temporary security barriers and posts manned by the Capitol Police. Only authorized people with appropriate identification are allowed access inside the U.S. Capitol.
On January 6, 2021, the exterior plaza of the Capitol was closed to members of the public and a joint session of the United States Congress convened inside. During the joint session, elected members of the U.S. House of Representatives and the U.S. Senate were meeting in separate Chambers of the Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint session began at approximately 1:00 p.m. Vice President Mike Pence was present and presiding in the Senate Chamber.
With the joint session underway, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around the exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the building and the proceedings underway inside.
Between 1:00 p.m. and 2:00 p.m., individuals in the crowd forced their way through, up, and over the barricades and officers of the U.S. Capitol Police, and advanced to the exterior façade of the building. They did so while the joint session was still underway and the exterior doors and windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the U.S. Capitol. However, shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows.
Shortly thereafter, members of the United States House of Representatives and United States Senate, including the President of the Senate, Vice President Mike Pence, were instructed to—and did—evacuate the Chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed.
Chansley was one of the insurrectionists who entered the Capitol building. News and social media coverage of these events confirmed his presence by approximately 2:30 p.m. Chansley wore horns, a furry coyote tail headdress, red, white and blue face paint, and tan pants. He was shirtless and carried a bullhorn and a six-foot-long spear with an American flag tied just below the blade. A social media post (credited as Getty images) 3 demonstrates Chansley’s conspicuous appearance outside of the Senate Chambers:
U.S. Capitol Police Officer Keith Robishaw is shown on the left in this image. Officer Robishaw was attempting to quell the crowd and move them out of the area. Chansley approached Officer Robishaw and screamed, among other things, that this was their house, and that they were there to take the Capitol, and to get Congressional leaders. Chansley also used his bullhorn to communicate that they were there to take out several United States congressmen.
While Officer Robishaw was attempting to quell the crowd, Chansley was using his bullhorn to incite it. Because the Capitol building is cavernous, the sound of Chansley's voice over the bullhorn carried to different areas of the building. Officer Robishaw could hear reactions from a different group of protestors in a different hallway being kept back by other officers — when Chansley would yell into the bullhorn. The photograph below depicts their interaction.
Robishaw and other officers calmed the protestors somewhat and directed them to leave the area from the same way they had entered. Most protestors complied, but Chansley disobeyed the order and instead began heading up a different stairwell towards the Senate floor. Officer Robishaw, alone with more than 25 rioters in the Senate Chamber, attempted to engage with Chansley and asked for his assistance to use the bullhorn to get the protestors out of the Chamber. Instead of doing so, Chansley ran up on the dais where Vice President Pence had been presiding just minutes before, and begin posing on the dais for other rioters to document and photograph, and wrote a note to Vice President Pence saying, “it's only a matter of time, justice is coming.
On January 7, 2021, Chansley called the Washington Field Office of the FBI and requested to speak with law enforcement. Chansley confessed that he was the man photographed at Vice President Pence's chair on the Senate dais, face painted, carrying the spear and wearing a horned helmet. He said that he was able to get into the United States Senate in D.C. “by the grace of God.” Chansley said that he was glad he sat in the Vice President's chair because Vice President Pence is a child-trafficking traitor. However, Chansley said he did not mean his note to Vice President Pence—“it's only a matter of time, justice is coming”—as a threat. Chansley also expressed his interest in returning to Washington D.C. for the inauguration, later telling the FBI: “I'll still go, you better believe it. For sure I'd want to be there, as a protestor, as a protestor, fuckin a."
In an interview with NBC News before his arrest, Chansley boasted about his involvement in the mob that infiltrated the Capitol driving Congress people and staffers to flee in fear of their lives. “The fact that we had a bunch of our traitors in office hunker down, put on their gas masks and retreat into their underground bunker, I consider that a win,” Chansley said.1 Chansley stated that he drove to Washington, D.C. as a part of a group effort, with other “patriots” from Arizona, at the request of the President that all "patriots” come to D.C. on January 6, 2021.
On January 9, 2021, Chansley drove to the Phoenix FBI field office to continue his interview. Chansley was then unaware of the complaint and arrest warrant, as both were sealed until after his arrest that morning. Twice, Chansley told the FBI that he had plans after the January 9 FBI interview to drive to the Arizona State Capitol. Corroborating his statement, Chansley had his horns, furry coyote tail headdress, face paint, tan pants, six foot-long spear, and his bullhorn inside the 2003 Hyundai that he parked at the FBI. Also inside was a rubber hammer-shaped mallet. Chansley did not turn himself in to the FBI, but instead drove to the FBI Building to continue to his interview. However, he was arrested pursuant to the arrest warrant when he did so.
The PTS Report. The PTS Report, issued on January 11, 2021, concludes that Chansley poses a risk of nonappearance based on his employment status and substance abuse history, and may pose a danger to the community due to his substance use. (PTS report at 4.) Nevertheless, the PTS Report recommends that Chansley be released pending trial because the risks of flight and danger can be minimized by random drug-testing, employment requirements, and documented travel only for the purpose of Court appearances in the District of Columbia. (PTS report at 4.)
Importantly, Chansley lied to the PTS Officer when he stated that he has “never tried any other illicit substance [besides marijuana,] which he smokes three times weekly in the past." (Report at 2.) As described below, Chansley has described his routine use of psychedelic drugs, including mushrooms and peyote, in recorded interviews on his podcast. Additionally, a full portrait of Chansley's apparent mental health issues — which he has publicly-disseminated, and which include strongly-held false mystical beliefs and leadership in a dangerous extremist group, QAnon founded on an imaginary conspiracy theory — were not provided to the PTS officer, and thus not evaluated in the assessment. The PTS Officer also does not appear to have evaluated the continued danger to the community Chansley poses due to his unwillingness to appreciate the illegality of his conduct and self-expressed interest in placing himself in similar circumstances in the future.
ARGUMENT
Detention is authorized in this case under multiple prongs of 18 U.S.C. 3142. Chansley committed felonies involving the use of a dangerous weapon, and there are serious risks that Chansley will flee and obstruct or attempt to obstruct justice. 18 U.S.C. 3142 (f)(1)(E) (f)(2)(A), (f)(2)(B).
Chansley is charged with two felonies: committing an act of civil disorder that obstructed the conduct of a federally-protected function, and obstructing an official proceeding. (Att. A at 1-2.) As demonstrated by the photographs above and corroborated by the spear found in his car after he was arrested, the felonies Chansley committed involved the use of a dangerous weapon inside the Capitol building — a six-foot spear. See Doty v. Lewis, 995 F. Supp. 1081, 1084 (D. Ariz. 1998) (referring to “handmade spear approximately three feet long” as a "dangerous weapon”); see also United States v. Tumea, 810 F.3d 563, 567 (8th Cir. 2016 (implying that spears are dangerous weapons in the context of a supervised release condition); United States v. Cabrera, No. CR. S-05-0347 GGH, 2005 WL 3406318, at *2 (E.D. Cal. Dec. 12, 2005) (implying prohibition of dangerous weapons, including spears, into statute prohibiting the possession of firearms in federal facilities).
In addition, there is a serious risk that Chansley will obstruct or attempt to obstruct justice in the course of his prosecution in Washington, D.C. The grand jury found probable cause to charge Chansley with obstructing an official Congressional proceeding on January 6, 2021. Pictures taken at the scene, and Chansley's own unapologetic confession and media statements, leave no doubt that he did so. Chansley broke through barricades, unlawfully entered the Capitol Building, disobeyed police orders to leave, refused a police request to quell the crowd using his bullhorn, and instead ran up onto the dais where Vice President Pence had been presiding just minutes before and scrawled a threatening note. His willingness to very publicly attempt to obstruct the official duties of the United States Congress certifying the vote count of the Electoral College makes clear his complete disregard for the importance of following orders during official proceedings such as the D.C. District Court case now charging him with serious crimes.
As described more fully below, Chansley also poses serious risks of flight and danger to the community. The Court should order him to be detained because there are no conditions that will reasonably assure his appearance as required and the safety of any other person and the community. 18 U.S.C. 3142(g).
I. The Court Should Order Detention Based On Chansley's Risk Of Flight.
As the Court is no doubt aware, [t]he Bail Reform Act...requires a district court to order a defendant detained pending trial if ‘no condition or combination of conditions will reasonably assure the appearance of the person as required.” United States v. Gentry, 455 F. Supp. 2d 1018, 1019-20 (D. Ariz. 2006) (quoting 18 U.S.C. 3142(e)). This analysis involves a "two-step inquiry." Id. First, the court must make a finding as to whether the defendant presents a “serious risk that such person will flee" if not detained. Id. at 1020 (quoting 18 U.S.C. 3142(f)(2)(A)). The government bears the burden of proving such risk of flight by a preponderance of the evidence. Id.
If the defendant is likely to flee, the court next must determine whether some set of conditions would sufficiently vitiate that risk. Id. (citing 18 U.S.C. 3142(g)).
As explained below, these factors compel the conclusion that Chansley is a flight risk and that no combination of conditions exist to overcome this risk.
A. Chansley Is A Flight Risk.
As the PTS Report correctly concludes, Chansley poses a flight risk for multiple independent reasons. He is both unemployed and a regular drug user. In addition, he has the ability to quickly raise large sums of money for travel through non-traditional sources as one of the leaders and mascots of QAnon, a group commonly referred to as a cult, (which preaches debunked and fictitious anti-government conspiracy theories that a deep state is out to take down the current administration) and has previously demonstrated an ability to travel long distances using untraceable methods. Additionally, Chansley is strongly associated with a costume, and is virtually unidentifiable when not wearing it.
Critically, Chansley also lied to PTS about his use of drugs. Pre-Trial Services believed Chansley to be a flight risk based on his three-times-a-week marijuana habit, and the United States agrees. But Chansley also told Pre-Trial Services that he had never tried any illicit substances other than that marijuana. PTS Report at 2.) However, he has publicly detailed in interviews and though online activity that he uses peyote and mushrooms as part of his Shaman practice. He openly stated on his podcast 'Jake Angeli - Keys for our Ascension' that he uses illegal substances, admitting to using “psychoactive” and “ceremonial” plants such as cactus and mushrooms as part of his shaman practice. http://www.podbean.com/media/player/ddg ... s=1&skin=1, at minute 25:00. On the podcast, Chansley stated, "I think I was 11 the first time I got high, and it was because God love him, my dad gave it to me."2 Chansley also stated that after a stint in the US Navy he “dove head first" into experimenting with psychoactive substances. (Id.) He stated that his use of psychoactive substances "gave [him] such a profound spiritual experience that [he] was able to see [his] thoughts.” (Id.)
Chansley also stated he has no mental health conditions, but publicly-available information and videos reveal a very different picture. Chansley has spoken openly about his belief that he is an alien, a higher being, and he is here on Earth to ascend to another reality.3 He subscribes to QAnon, a group who believes a debunked and fictitious conspiracy claim that Satan-worshipping cannibalistic pedophiles are running a global child sex-trafficking ring and plotting against President Donald Trump.4 As an example, in a YouTube video uploaded on January 6, 2021, from approximately minute 9:00 forward, Chansley states:
In this and other videos of Chansley on YouTube, he states that when you watch television, when you listen to the radio, there are very specific frequencies that are inaudible that actually affect the brain waves of your brain. In a January 8, 2021, interview with the Washington Post, Chansley stated: “What we did on Jan. 6 in many ways was an evolution in consciousness, because as we marched down the street along these ley lines, shouting ‘USA’ or shouting things like ‘freedom’... we were actually affecting the quantum realm.”6
Chansley may have believed that his statement to Pre-Trial Services that he was in “good mental health” was accurate. But if so, his public statements described above demonstrate that he is unhinged from reality, while his actions at the Capitol demonstrate a willingness to act on those mistaken beliefs. He is a flight risk due to this combination.
Pre-Trial Services also correctly describes Chansley's employment status as contributing to his flight risk. (PTS Report at 4.) It does -- he has no stable job to tie him to the community, and instead “sporadically earns money” (PTS Report at 2) by appearing at protests and riots to lead QAnon followers -- but the full picture of Chansley’s fund raising and off-the-grid travel opportunities deepen the risk. Chansley told FBI agents that he drove to Washington, D.C. for the January 6 riot “with a group of patriots from here in Arizona,” who went to Georgia first and then D.C. His criminal activities at the Capitol therefore could not have been prevented through flight restrictions. Chansley is a high profile leader and the self-professed shaman of QAnon, giving him the ability to raise large sums of money for travel (and other activities) quickly through non-traditional means, as the tweet below demonstrates.
In sum, Chansley is a flight risk, and the conditions that Pre-Trial Services proposes as mitigating the risk fail to account for his misstatements regarding drug use, mental health history, and status as a poster child for QAnon.
II. Chansley Is Also A Danger to the Community if Released.
This Court must also consider whether it can reasonably assure the safety of other persons and the community if it releases Chansley. See 18 U.S.C. 3142(f). It cannot. Chansley is the radicalized follower-turned-leader of a dangerous extremist group, and a symbol of the insurrection and assault on the Capitol last week. As demonstrated by his tweet below, Chansley has also previously espoused identifying and then “hanging” “traitors” within the United States government. Despite the riot on January 6, Chansley has stated his intent to return to Washington for President-Elect Biden’s inauguration, and his repeated and demonstrated unwillingness to conform to societal rules suggests a pending criminal case will not stop him.
As widely reported by the news media, the FBI has received information indicating that “armed protests” are being planned at all 50 state capitols and the U.S. Capitol in Washington, D.C. in the days leading up to President-elect Joe Biden’s inauguration on January 20, 2021. Since the January 6 insurrection, violent online rhetoric regarding the inauguration has increased, with some calling for unspecified "justice" for the fatal shooting by law enforcement of a participant who had illegally entered the Capitol Building that day. Others have posted that “many" armed individuals would return on January 19, according to open source reporting. The recent removal efforts by social media platforms used by domestic violent extremists may push some to revert back to other platforms they perceive as more secure, further challenging the government's ability to identify and warn of specific threats. Additionally, news reports suggest that the U.S. Capitol siege may just be the beginning of potentially violent actions from President Trump's supporters.7
Against this backdrop, Chansley told the FBI prior to his arrest that “still go, you better believe it.” His status as a symbol of the insurrection, his actions inside the Capitol building, and his demonstrated disregard of orders while inside with the goal of disrupting official Congressional proceedings, demonstrate the danger his release would pose. U.S. Capitol Police report that Chansley was among the first inside the Capitol. He made his way into the halls of the Senate and the Senate Chamber within minutes of the rioters breaching the building. At this juncture in our Nation’s history, it is hard to imagine a greater risk to our democracy and community than the armed revolution of which Chansley has made himself the symbol.
III. No Conditions Exist To Reasonably Assure Chansley's Appearance or Mitigate the Danger.
The PTS Report concludes that conditions of release can minimize the risks of flight and danger posed by Chansley's release. Pre-Trial Services has proposed requiring Chansley to report as directed, travel to the prosecuting district (D.D.C.) with express Court approval, maintain or actively seek employment, and refrain from using or possessing a narcotic drug. The United States respectfully disagrees that such conditions—or any others — would be adequate to mitigate the risks here.
In determining whether conditions of release can reasonably assure the appearance of the defendant as required and the safety of any other person or the community, the Court must take into account four statutory factors: (1) the nature and circumstances of the offense charged; (2 ) the weight of the evidence against the person; (3) the history and characteristics of the person, including his character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and (4) the nature and seriousness of the danger to any person or community that would be posed by the person's release. 18 U.S.C. 3142(g); see also Gentry, 455 F. Supp. 2d 1019-20. The United States addresses each in turn.
Nature of Crime. A key factor to be considered when assessing the adequacy of release conditions is the nature and circumstances of the crime charged.” See 18 U.S.C. $ 3142 (g)(1). Here, this factor is significant. The crimes charged in the indictment involve active participation in an insurrection attempting to violently overthrow the United States Government. By Chansley's own admissions to the FBI and news media, the insurrection is still in progress and he intends to continue participating. Media and FBI reports have detailed carefully-planned insurrection attempts scheduled throughout the country in the coming weeks at every state capital, including the Arizona's capitol. As he admitted, and as corroborated by the items in his car, Chansley expected to go there after his FBI interview (if he had not been arrested). The travel restriction Pre-Trial Services proposes plainly will not prevent Chansley from participating in violent activities in Arizona.
Strong evidence, including Chansley's own words and actions at the Capitol, supports that the intent of the Capitol rioters was to capture and assassinate elected officials in the United States Government. Chansley left a note on the Senate Chamber dais, where Vice President Mike Pence had been presiding over the session just minutes before, warning “it's only matter of time, justice is coming.” When questioned as to the meaning of that statement, Chansley went on a lengthy diatribe describing current and past United States political leaders as infiltrators, specifically naming Vice President Mike Pence, former President Barack Obama, former Senator Hillary Clinton and U.S. President-elect Joe Biden as infiltrators involved in various types of wrongdoing. Although he stated his note was not a threat, the Government strongly disagrees. Chansley acted on conspiracy theories he has repeatedly espoused in becoming one of the highest-profile members of a group that attacked a Congressional proceeding, and nothing suggests he has learned from that experience so as to avoid it if on pre-trial release. The nature and circumstances of his offense are grave, and cannot be mitigated by conditions of release.
Weight of Evidence. Another factor to be considered when assessing release conditions is "the weight of the evidence against the person.” See 18 U.S.C. 3142(g)(2). Here, this factor also weighs in favor of detention. As a threshold matter, the grand jury already has found that probable cause supports the charges against Chansley. This alone is enough to show that the weight of the evidence supports detention. United States v. Hamlin, 2007 WL 2225868, * 1 (E.D. Mich. 2007 ) (Under subsection (g)(2), from the a grand jury having passed an Indictment, there is a definite weight of evidence against the Defendant."); United States v. Bradshaw, 2000 WL 1371517, *4 (D. Kan. 2000) ("[T]he grand jury's indictment, standing alone, establishes probable cause... The Government presented no other evidence. Nor did the defendant. Accordingly, the weight of the evidence must be deemed against the defendant. This factor thus weighs in favor detention, but only slightly."). The evidence in this case includes widely-publicized pictures and videos and Chansley's own admissions. As outlined, the evidence here is strong.
History and Characteristics of the Defendant. The next factor to be considered when assessing conditions is "the history and characteristics of the" defendant. See 18 U.S.C. $ 3142 (g) (3). Here, this factor weighs heavily in favor of detention. Chansley is a self-proclaimed leader of the QAnon.8 Other members of this dangerous anti-government conspiracy view him as a leader also, contributing to his ability to travel off-the-grid and fund-raise rapidly through unconventional means. He believes that global elites are running the world, that United States leaders are part of a secret rings of child abusers who practice satanic worship, and other debunked theories. He has repeatedly demonstrated dramatic, erratic behavior, an inability to conform to societal norms, and an unwillingness to appreciate the consequences of his actions. He abides by his own belief system, acts accordingly regardless of the criminal consequences, and brings others along with him. His ability and willingness to conform his behavior to pre-trial supervision conditions appears to be virtually nil.
Even now, Chansley continues to demonstrate a refusal to conform despite personal hardship as a consequence. Chansley's choice to refuse to eat because he is not provided an organic diet in custody is predictive of how he will behave if conditions of pre-trial supervision do not suit him. If released, numerous conditions will alter and affect his routine and set forth daily expectations by which he must confirm. Chansley will not comply.
Chansley is a repeated drug user who minimized the extent of his substance use to pre-trial services. He demonstrates scattered and fanciful thoughts, and is unable to appreciate reality. He is the shaman of a dangerous extremist group, putting his beliefs into action by attempting to violently overthrow the United States government. His history and characteristics require detention.
Danger to Others. The final factor to be considered when assessing release conditions is the nature and seriousness of the danger to any person or the community that would be posed by the person's release. See 18 U.S.C. Section 3142(g)(4). The facts described above demonstrate the grave danger Chansley's release would pose to the community, and are reaffirmed here by reference. Chansley has made himself the symbol of a radicalized insurrection movement, and has professed his intent to act in the future as he did at the Capitol on January 6. Employment conditions, travel restrictions, and a reporting requirement will not mitigate the danger that he will do so.
IV. CONCLUSION
For the foregoing reasons, the Court should order that Chansley be detained.
Respectfully submitted this 14th day of January 2021
MICHAEL BAILEY
United States Attorney
District of Arizona
/s / KristenBrook
KRISTEN BROOK Assistant U.S. Attorney
CERTIFICATE OF SERVICE
I hereby certify that on the 14th day of January, 2021, electronically filed the foregoing with the Clerk of Court using the CM/ECF system for filing a copy to the following CM /ECF registrant:
Gerald Williams, Attorney for the Defendant Jacob Anthony Chansley.
By: / s / Todd Allison
_______________
Notes:
1. “Capitol Rioter in Horned Hat Gloats as Feds Work to Identify Suspects,” available at https://www.nbcnews.com/news/us-news/ca ... -feds-work identify- suspects-n1253392 (last visited January 13, 2021). All supporting materials referenced in this memorandum are included on a disc submitted to the Court as Attachment B.
2 "HE'S A RIOT, QAnon shaman Jake Angeli first got high aged 11, takes psychedelic cactus & used to go to school dressed as Brad Pitt Emma Perry, (January 8, 2021) available at https://www.the-sun.com/news/2104357/qa ... sychedelic brad-pitt/ (last visited January 13, 2021). 25
3 Etzimanuel, QAnon Shaman Angeli – Interview ORF YouTube ( January 6, 2021), available at https://www.youtube.com/watch?v=22d6tRXxVe (lastvisited January 13, 2021).
4 Qanon, Wikipedia, the Free Encyclopedia, available at https://en.wikipedia.org/wiki/QAnon (last visited January 13, 2021).
5 Etzimanuel, QAnon Shaman – Jake Angeli – Interview ORF, YouTube (January 6, 2021), available at https://www.youtube.com/watch?v=22d6tRXxVe (last visited January 13, 2021).
6 “TrumpSupporterin Horns and Fur is Charged in Capitol Riot,” Fredrick Kunkle, available at https://www.washingtonpost.com/local/ja ... pitolriot/ 2021/01/09/5d3c2c96-52b9-11eb-bda4-615aaefd0555_story.htm(last visited January 13, 2021).
7 “FBI Warns of Plans for Nationwide Armed Protests Next Week” Colleen Long, Michael Balsamo and Michael Kunzelman ” (January 11, 2021) available at http://www.apnews.com/article/fbi-warns ... -next-week ec75b26289166b4afd30c15b0dd2ded5 (last visited January 13, 2021); “Armed Protests Being Planned at all 50 State Capitols, FBI Bulletin Says: An Internal FBI Note Obtained by ABC News Shows Warnings of " a huge uprising " Aaron Katersky and Ceclia Darrough (January 11, 2021) available at http://www.abcnews.go.com/US/armed-prot ... pitols-fbi 27 bulletin /story ? id =75179771 (last visited January 13, 2021).
8 Etzimanuel, QAnon Shaman Jake Angeli – Interview ORF, YouTube (January 6, 2021), available at https://www.youtube.com/watch?v=22d6tRXxVeg( last visited January 13, 2021).
by Michael Bailey, U.S. Attorney, District of AZ and Kristen Brook, Assistant U.S. Attorney
Jan. 14, 2021
MICHAEL BAILEY
United States Attorney
District of Arizona
KRISTEN BROOK
Assistant U.S. Attorney
Arizona State Bar No. 023121
Two Renaissance Square
40 N. Central Ave., Suite 1800
Phoenix, Arizona 85004
Telephone: 602-514-7500
Email: Kristen.Brook@usdoj.gov
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
Plaintiff,
vs.
Jacob Anthony Chansley, a.k.a. “Jacob Angeli,”
Defendant.
MJ 21-05000
CR21-00003-RCL
GOVERNMENT’S BRIEF IN SUPPORT OF DETENTION
INTRODUCTION AND SUMMARY OF ARGUMENT
The detention hearing for Jacob Anthony Chansley ("Chansley") is scheduled for January 15, 2021, at 2:30 p.m. For the reasons set forth below, the Court should order Chansley to be detained pending trial. Chansley is an active participant in—and has made himself the most prominent symbol of—a violent insurrection that attempted to overthrow the United States Government on January 6, 2021. Chansley has expressed interest in returning to Washington, D.C. for President-Elect Biden’s inauguration and has the ability to do so if the Court releases him. No conditions can reasonably assure his appearance as required, nor ensure the safety of the community.
A federal grand jury indicted Chansley on January 11, 2021. (See Att. A, Indictment.) The indictment charges two felonies and four misdemeanors arising from Chansley’s actions in the Capitol on January 6. Count One, a felony in violation of 18 U.S.C. § 231(a)(3), alleges that Chansley “committed and attempted to commit an act to obstruct, impede, and interfere with a law enforcement officer lawfully engaged in the lawful performance of his official duties incident to and during the commission of a civil disorder, and the civil disorder obstructed, delayed, or adversely affected the conduct and performance of a federally protected function.” (Att. A at 1-2.) Count Two, also a felony, alleges that Chansley “attempted to, and did corruptly obstruct, influence, and impede an official proceeding, that is, a proceeding before Congress, by committing an act of civil disorder, and threatening Congressional officials, and unlawfully remaining in a restricted building without lawful authority, and engaging in disorderly and disruptive conduct,” in violation of 18 U.S.C. § 1512(c)(2). (Att. A at 2.)
Detention is authorized in this case because, as explained below, Chansley has committed a felony that involves the use of a dangerous weapon (a spear), and there are serious risks that he will flee and obstruct or attempt to obstruct justice. Furthermore, he poses an ongoing danger to the community that no conditions of pretrial release can mitigate. See 18 U.S.C. § 1342(f)(E), (f)(2)(A), (f)(2)(B), (g)(4).
At the hearing tomorrow, the United States will rely on the Pretrial Services Report (“PTS Report”) on proffered facts contained below detailing the attack on the United States Capitol on January 6, 2021, and on Chansley’s actions before, during, and after the attack that led to his arrest. United States v. Winsor, 785 F.2d 755, 756 (9th Cir. 1986) (“[T]he government may proceed in a detention hearing by proffer or hearsay.”). If the Court wishes to hear testimony from a Special Agent with the Federal Bureau of Investigation (FBI), an agent will be available and the United States will be prepared to present such testimony at the hearing.
FACTUAL AND PROCEDURAL HISTORY
The Current Offense. The United States Capitol, located at First Street, SE, in Washington, D.C., is secured 24 hours-a-day by the U.S. Capitol Police. Restrictions around the U.S. Capitol include permanent and temporary security barriers and posts manned by the Capitol Police. Only authorized people with appropriate identification are allowed access inside the U.S. Capitol.
On January 6, 2021, the exterior plaza of the Capitol was closed to members of the public and a joint session of the United States Congress convened inside. During the joint session, elected members of the U.S. House of Representatives and the U.S. Senate were meeting in separate Chambers of the Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint session began at approximately 1:00 p.m. Vice President Mike Pence was present and presiding in the Senate Chamber.
With the joint session underway, a large crowd gathered outside the U.S. Capitol. As noted above, temporary and permanent barricades were in place around the exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the building and the proceedings underway inside.
Between 1:00 p.m. and 2:00 p.m., individuals in the crowd forced their way through, up, and over the barricades and officers of the U.S. Capitol Police, and advanced to the exterior façade of the building. They did so while the joint session was still underway and the exterior doors and windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the U.S. Capitol. However, shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows.
Shortly thereafter, members of the United States House of Representatives and United States Senate, including the President of the Senate, Vice President Mike Pence, were instructed to—and did—evacuate the Chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the sessions resumed.
Chansley was one of the insurrectionists who entered the Capitol building. News and social media coverage of these events confirmed his presence by approximately 2:30 p.m. Chansley wore horns, a furry coyote tail headdress, red, white and blue face paint, and tan pants. He was shirtless and carried a bullhorn and a six-foot-long spear with an American flag tied just below the blade. A social media post (credited as Getty images) 3 demonstrates Chansley’s conspicuous appearance outside of the Senate Chambers:
U.S. Capitol Police Officer Keith Robishaw is shown on the left in this image. Officer Robishaw was attempting to quell the crowd and move them out of the area. Chansley approached Officer Robishaw and screamed, among other things, that this was their house, and that they were there to take the Capitol, and to get Congressional leaders. Chansley also used his bullhorn to communicate that they were there to take out several United States congressmen.
While Officer Robishaw was attempting to quell the crowd, Chansley was using his bullhorn to incite it. Because the Capitol building is cavernous, the sound of Chansley's voice over the bullhorn carried to different areas of the building. Officer Robishaw could hear reactions from a different group of protestors in a different hallway being kept back by other officers — when Chansley would yell into the bullhorn. The photograph below depicts their interaction.
Robishaw and other officers calmed the protestors somewhat and directed them to leave the area from the same way they had entered. Most protestors complied, but Chansley disobeyed the order and instead began heading up a different stairwell towards the Senate floor. Officer Robishaw, alone with more than 25 rioters in the Senate Chamber, attempted to engage with Chansley and asked for his assistance to use the bullhorn to get the protestors out of the Chamber. Instead of doing so, Chansley ran up on the dais where Vice President Pence had been presiding just minutes before, and begin posing on the dais for other rioters to document and photograph, and wrote a note to Vice President Pence saying, “it's only a matter of time, justice is coming.
On January 7, 2021, Chansley called the Washington Field Office of the FBI and requested to speak with law enforcement. Chansley confessed that he was the man photographed at Vice President Pence's chair on the Senate dais, face painted, carrying the spear and wearing a horned helmet. He said that he was able to get into the United States Senate in D.C. “by the grace of God.” Chansley said that he was glad he sat in the Vice President's chair because Vice President Pence is a child-trafficking traitor. However, Chansley said he did not mean his note to Vice President Pence—“it's only a matter of time, justice is coming”—as a threat. Chansley also expressed his interest in returning to Washington D.C. for the inauguration, later telling the FBI: “I'll still go, you better believe it. For sure I'd want to be there, as a protestor, as a protestor, fuckin a."
In an interview with NBC News before his arrest, Chansley boasted about his involvement in the mob that infiltrated the Capitol driving Congress people and staffers to flee in fear of their lives. “The fact that we had a bunch of our traitors in office hunker down, put on their gas masks and retreat into their underground bunker, I consider that a win,” Chansley said.1 Chansley stated that he drove to Washington, D.C. as a part of a group effort, with other “patriots” from Arizona, at the request of the President that all "patriots” come to D.C. on January 6, 2021.
On January 9, 2021, Chansley drove to the Phoenix FBI field office to continue his interview. Chansley was then unaware of the complaint and arrest warrant, as both were sealed until after his arrest that morning. Twice, Chansley told the FBI that he had plans after the January 9 FBI interview to drive to the Arizona State Capitol. Corroborating his statement, Chansley had his horns, furry coyote tail headdress, face paint, tan pants, six foot-long spear, and his bullhorn inside the 2003 Hyundai that he parked at the FBI. Also inside was a rubber hammer-shaped mallet. Chansley did not turn himself in to the FBI, but instead drove to the FBI Building to continue to his interview. However, he was arrested pursuant to the arrest warrant when he did so.
The PTS Report. The PTS Report, issued on January 11, 2021, concludes that Chansley poses a risk of nonappearance based on his employment status and substance abuse history, and may pose a danger to the community due to his substance use. (PTS report at 4.) Nevertheless, the PTS Report recommends that Chansley be released pending trial because the risks of flight and danger can be minimized by random drug-testing, employment requirements, and documented travel only for the purpose of Court appearances in the District of Columbia. (PTS report at 4.)
Importantly, Chansley lied to the PTS Officer when he stated that he has “never tried any other illicit substance [besides marijuana,] which he smokes three times weekly in the past." (Report at 2.) As described below, Chansley has described his routine use of psychedelic drugs, including mushrooms and peyote, in recorded interviews on his podcast. Additionally, a full portrait of Chansley's apparent mental health issues — which he has publicly-disseminated, and which include strongly-held false mystical beliefs and leadership in a dangerous extremist group, QAnon founded on an imaginary conspiracy theory — were not provided to the PTS officer, and thus not evaluated in the assessment. The PTS Officer also does not appear to have evaluated the continued danger to the community Chansley poses due to his unwillingness to appreciate the illegality of his conduct and self-expressed interest in placing himself in similar circumstances in the future.
ARGUMENT
Detention is authorized in this case under multiple prongs of 18 U.S.C. 3142. Chansley committed felonies involving the use of a dangerous weapon, and there are serious risks that Chansley will flee and obstruct or attempt to obstruct justice. 18 U.S.C. 3142 (f)(1)(E) (f)(2)(A), (f)(2)(B).
Chansley is charged with two felonies: committing an act of civil disorder that obstructed the conduct of a federally-protected function, and obstructing an official proceeding. (Att. A at 1-2.) As demonstrated by the photographs above and corroborated by the spear found in his car after he was arrested, the felonies Chansley committed involved the use of a dangerous weapon inside the Capitol building — a six-foot spear. See Doty v. Lewis, 995 F. Supp. 1081, 1084 (D. Ariz. 1998) (referring to “handmade spear approximately three feet long” as a "dangerous weapon”); see also United States v. Tumea, 810 F.3d 563, 567 (8th Cir. 2016 (implying that spears are dangerous weapons in the context of a supervised release condition); United States v. Cabrera, No. CR. S-05-0347 GGH, 2005 WL 3406318, at *2 (E.D. Cal. Dec. 12, 2005) (implying prohibition of dangerous weapons, including spears, into statute prohibiting the possession of firearms in federal facilities).
In addition, there is a serious risk that Chansley will obstruct or attempt to obstruct justice in the course of his prosecution in Washington, D.C. The grand jury found probable cause to charge Chansley with obstructing an official Congressional proceeding on January 6, 2021. Pictures taken at the scene, and Chansley's own unapologetic confession and media statements, leave no doubt that he did so. Chansley broke through barricades, unlawfully entered the Capitol Building, disobeyed police orders to leave, refused a police request to quell the crowd using his bullhorn, and instead ran up onto the dais where Vice President Pence had been presiding just minutes before and scrawled a threatening note. His willingness to very publicly attempt to obstruct the official duties of the United States Congress certifying the vote count of the Electoral College makes clear his complete disregard for the importance of following orders during official proceedings such as the D.C. District Court case now charging him with serious crimes.
As described more fully below, Chansley also poses serious risks of flight and danger to the community. The Court should order him to be detained because there are no conditions that will reasonably assure his appearance as required and the safety of any other person and the community. 18 U.S.C. 3142(g).
I. The Court Should Order Detention Based On Chansley's Risk Of Flight.
As the Court is no doubt aware, [t]he Bail Reform Act...requires a district court to order a defendant detained pending trial if ‘no condition or combination of conditions will reasonably assure the appearance of the person as required.” United States v. Gentry, 455 F. Supp. 2d 1018, 1019-20 (D. Ariz. 2006) (quoting 18 U.S.C. 3142(e)). This analysis involves a "two-step inquiry." Id. First, the court must make a finding as to whether the defendant presents a “serious risk that such person will flee" if not detained. Id. at 1020 (quoting 18 U.S.C. 3142(f)(2)(A)). The government bears the burden of proving such risk of flight by a preponderance of the evidence. Id.
If the defendant is likely to flee, the court next must determine whether some set of conditions would sufficiently vitiate that risk. Id. (citing 18 U.S.C. 3142(g)).
As explained below, these factors compel the conclusion that Chansley is a flight risk and that no combination of conditions exist to overcome this risk.
A. Chansley Is A Flight Risk.
As the PTS Report correctly concludes, Chansley poses a flight risk for multiple independent reasons. He is both unemployed and a regular drug user. In addition, he has the ability to quickly raise large sums of money for travel through non-traditional sources as one of the leaders and mascots of QAnon, a group commonly referred to as a cult, (which preaches debunked and fictitious anti-government conspiracy theories that a deep state is out to take down the current administration) and has previously demonstrated an ability to travel long distances using untraceable methods. Additionally, Chansley is strongly associated with a costume, and is virtually unidentifiable when not wearing it.
Critically, Chansley also lied to PTS about his use of drugs. Pre-Trial Services believed Chansley to be a flight risk based on his three-times-a-week marijuana habit, and the United States agrees. But Chansley also told Pre-Trial Services that he had never tried any illicit substances other than that marijuana. PTS Report at 2.) However, he has publicly detailed in interviews and though online activity that he uses peyote and mushrooms as part of his Shaman practice. He openly stated on his podcast 'Jake Angeli - Keys for our Ascension' that he uses illegal substances, admitting to using “psychoactive” and “ceremonial” plants such as cactus and mushrooms as part of his shaman practice. http://www.podbean.com/media/player/ddg ... s=1&skin=1, at minute 25:00. On the podcast, Chansley stated, "I think I was 11 the first time I got high, and it was because God love him, my dad gave it to me."2 Chansley also stated that after a stint in the US Navy he “dove head first" into experimenting with psychoactive substances. (Id.) He stated that his use of psychoactive substances "gave [him] such a profound spiritual experience that [he] was able to see [his] thoughts.” (Id.)
Chansley also stated he has no mental health conditions, but publicly-available information and videos reveal a very different picture. Chansley has spoken openly about his belief that he is an alien, a higher being, and he is here on Earth to ascend to another reality.3 He subscribes to QAnon, a group who believes a debunked and fictitious conspiracy claim that Satan-worshipping cannibalistic pedophiles are running a global child sex-trafficking ring and plotting against President Donald Trump.4 As an example, in a YouTube video uploaded on January 6, 2021, from approximately minute 9:00 forward, Chansley states:
So in order to beat this evil occultic force you need a light occultic force you need an occultic force that is of the side of God of love on like almost like on the side of the Angels OK as opposed to the demons all right and so as a shaman I am like a multi-dimensional or hyper-dimensional being okay I am able to perceive multiple different frequencies of light beyond my five senses and it allows me to see into these other higher dimensions that these entities these pedophiles these rapists these murderers these really high up people that they almost like hide in the shadows in nobody can see that because the third eye ain't open okay and that's where things like fluoride and stuff like that comes in so the horns the horns are hey man you mess with the Buffalo you get the horns bro and if you ever tried messing with the Buffalo that doesn't work out too well for many people this right here this is coyote skin according to the Navajo the coyote is like the trickster almost like almost like a benevolent force so I'm wearing the skin of the trickster I got two tails here okay so the trickster messed with the bull got the horns okay and the face paint is representative of the Native American tradition of like donning on warpaint of some sort only this is only this is a war that is of like a spiritual nature okay so because it's a war of a spiritual nature you need symbolism okay in the symbolism here for me is you got the blood on the sign the bullet holes Q sent me this shows the the the secret war in the behind the scene. Hey if you don’t know who Q is Q is the highest levels of the military in the intelligence community disseminating above top secret information to pay attention to the republic so we can take our country back from globalists and communists and satanists.5
In this and other videos of Chansley on YouTube, he states that when you watch television, when you listen to the radio, there are very specific frequencies that are inaudible that actually affect the brain waves of your brain. In a January 8, 2021, interview with the Washington Post, Chansley stated: “What we did on Jan. 6 in many ways was an evolution in consciousness, because as we marched down the street along these ley lines, shouting ‘USA’ or shouting things like ‘freedom’... we were actually affecting the quantum realm.”6
Chansley may have believed that his statement to Pre-Trial Services that he was in “good mental health” was accurate. But if so, his public statements described above demonstrate that he is unhinged from reality, while his actions at the Capitol demonstrate a willingness to act on those mistaken beliefs. He is a flight risk due to this combination.
Pre-Trial Services also correctly describes Chansley's employment status as contributing to his flight risk. (PTS Report at 4.) It does -- he has no stable job to tie him to the community, and instead “sporadically earns money” (PTS Report at 2) by appearing at protests and riots to lead QAnon followers -- but the full picture of Chansley’s fund raising and off-the-grid travel opportunities deepen the risk. Chansley told FBI agents that he drove to Washington, D.C. for the January 6 riot “with a group of patriots from here in Arizona,” who went to Georgia first and then D.C. His criminal activities at the Capitol therefore could not have been prevented through flight restrictions. Chansley is a high profile leader and the self-professed shaman of QAnon, giving him the ability to raise large sums of money for travel (and other activities) quickly through non-traditional means, as the tweet below demonstrates.
In sum, Chansley is a flight risk, and the conditions that Pre-Trial Services proposes as mitigating the risk fail to account for his misstatements regarding drug use, mental health history, and status as a poster child for QAnon.
II. Chansley Is Also A Danger to the Community if Released.
This Court must also consider whether it can reasonably assure the safety of other persons and the community if it releases Chansley. See 18 U.S.C. 3142(f). It cannot. Chansley is the radicalized follower-turned-leader of a dangerous extremist group, and a symbol of the insurrection and assault on the Capitol last week. As demonstrated by his tweet below, Chansley has also previously espoused identifying and then “hanging” “traitors” within the United States government. Despite the riot on January 6, Chansley has stated his intent to return to Washington for President-Elect Biden’s inauguration, and his repeated and demonstrated unwillingness to conform to societal rules suggests a pending criminal case will not stop him.
As widely reported by the news media, the FBI has received information indicating that “armed protests” are being planned at all 50 state capitols and the U.S. Capitol in Washington, D.C. in the days leading up to President-elect Joe Biden’s inauguration on January 20, 2021. Since the January 6 insurrection, violent online rhetoric regarding the inauguration has increased, with some calling for unspecified "justice" for the fatal shooting by law enforcement of a participant who had illegally entered the Capitol Building that day. Others have posted that “many" armed individuals would return on January 19, according to open source reporting. The recent removal efforts by social media platforms used by domestic violent extremists may push some to revert back to other platforms they perceive as more secure, further challenging the government's ability to identify and warn of specific threats. Additionally, news reports suggest that the U.S. Capitol siege may just be the beginning of potentially violent actions from President Trump's supporters.7
Against this backdrop, Chansley told the FBI prior to his arrest that “still go, you better believe it.” His status as a symbol of the insurrection, his actions inside the Capitol building, and his demonstrated disregard of orders while inside with the goal of disrupting official Congressional proceedings, demonstrate the danger his release would pose. U.S. Capitol Police report that Chansley was among the first inside the Capitol. He made his way into the halls of the Senate and the Senate Chamber within minutes of the rioters breaching the building. At this juncture in our Nation’s history, it is hard to imagine a greater risk to our democracy and community than the armed revolution of which Chansley has made himself the symbol.
III. No Conditions Exist To Reasonably Assure Chansley's Appearance or Mitigate the Danger.
The PTS Report concludes that conditions of release can minimize the risks of flight and danger posed by Chansley's release. Pre-Trial Services has proposed requiring Chansley to report as directed, travel to the prosecuting district (D.D.C.) with express Court approval, maintain or actively seek employment, and refrain from using or possessing a narcotic drug. The United States respectfully disagrees that such conditions—or any others — would be adequate to mitigate the risks here.
In determining whether conditions of release can reasonably assure the appearance of the defendant as required and the safety of any other person or the community, the Court must take into account four statutory factors: (1) the nature and circumstances of the offense charged; (2 ) the weight of the evidence against the person; (3) the history and characteristics of the person, including his character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and (4) the nature and seriousness of the danger to any person or community that would be posed by the person's release. 18 U.S.C. 3142(g); see also Gentry, 455 F. Supp. 2d 1019-20. The United States addresses each in turn.
Nature of Crime. A key factor to be considered when assessing the adequacy of release conditions is the nature and circumstances of the crime charged.” See 18 U.S.C. $ 3142 (g)(1). Here, this factor is significant. The crimes charged in the indictment involve active participation in an insurrection attempting to violently overthrow the United States Government. By Chansley's own admissions to the FBI and news media, the insurrection is still in progress and he intends to continue participating. Media and FBI reports have detailed carefully-planned insurrection attempts scheduled throughout the country in the coming weeks at every state capital, including the Arizona's capitol. As he admitted, and as corroborated by the items in his car, Chansley expected to go there after his FBI interview (if he had not been arrested). The travel restriction Pre-Trial Services proposes plainly will not prevent Chansley from participating in violent activities in Arizona.
Strong evidence, including Chansley's own words and actions at the Capitol, supports that the intent of the Capitol rioters was to capture and assassinate elected officials in the United States Government. Chansley left a note on the Senate Chamber dais, where Vice President Mike Pence had been presiding over the session just minutes before, warning “it's only matter of time, justice is coming.” When questioned as to the meaning of that statement, Chansley went on a lengthy diatribe describing current and past United States political leaders as infiltrators, specifically naming Vice President Mike Pence, former President Barack Obama, former Senator Hillary Clinton and U.S. President-elect Joe Biden as infiltrators involved in various types of wrongdoing. Although he stated his note was not a threat, the Government strongly disagrees. Chansley acted on conspiracy theories he has repeatedly espoused in becoming one of the highest-profile members of a group that attacked a Congressional proceeding, and nothing suggests he has learned from that experience so as to avoid it if on pre-trial release. The nature and circumstances of his offense are grave, and cannot be mitigated by conditions of release.
Weight of Evidence. Another factor to be considered when assessing release conditions is "the weight of the evidence against the person.” See 18 U.S.C. 3142(g)(2). Here, this factor also weighs in favor of detention. As a threshold matter, the grand jury already has found that probable cause supports the charges against Chansley. This alone is enough to show that the weight of the evidence supports detention. United States v. Hamlin, 2007 WL 2225868, * 1 (E.D. Mich. 2007 ) (Under subsection (g)(2), from the a grand jury having passed an Indictment, there is a definite weight of evidence against the Defendant."); United States v. Bradshaw, 2000 WL 1371517, *4 (D. Kan. 2000) ("[T]he grand jury's indictment, standing alone, establishes probable cause... The Government presented no other evidence. Nor did the defendant. Accordingly, the weight of the evidence must be deemed against the defendant. This factor thus weighs in favor detention, but only slightly."). The evidence in this case includes widely-publicized pictures and videos and Chansley's own admissions. As outlined, the evidence here is strong.
History and Characteristics of the Defendant. The next factor to be considered when assessing conditions is "the history and characteristics of the" defendant. See 18 U.S.C. $ 3142 (g) (3). Here, this factor weighs heavily in favor of detention. Chansley is a self-proclaimed leader of the QAnon.8 Other members of this dangerous anti-government conspiracy view him as a leader also, contributing to his ability to travel off-the-grid and fund-raise rapidly through unconventional means. He believes that global elites are running the world, that United States leaders are part of a secret rings of child abusers who practice satanic worship, and other debunked theories. He has repeatedly demonstrated dramatic, erratic behavior, an inability to conform to societal norms, and an unwillingness to appreciate the consequences of his actions. He abides by his own belief system, acts accordingly regardless of the criminal consequences, and brings others along with him. His ability and willingness to conform his behavior to pre-trial supervision conditions appears to be virtually nil.
Even now, Chansley continues to demonstrate a refusal to conform despite personal hardship as a consequence. Chansley's choice to refuse to eat because he is not provided an organic diet in custody is predictive of how he will behave if conditions of pre-trial supervision do not suit him. If released, numerous conditions will alter and affect his routine and set forth daily expectations by which he must confirm. Chansley will not comply.
Chansley is a repeated drug user who minimized the extent of his substance use to pre-trial services. He demonstrates scattered and fanciful thoughts, and is unable to appreciate reality. He is the shaman of a dangerous extremist group, putting his beliefs into action by attempting to violently overthrow the United States government. His history and characteristics require detention.
Danger to Others. The final factor to be considered when assessing release conditions is the nature and seriousness of the danger to any person or the community that would be posed by the person's release. See 18 U.S.C. Section 3142(g)(4). The facts described above demonstrate the grave danger Chansley's release would pose to the community, and are reaffirmed here by reference. Chansley has made himself the symbol of a radicalized insurrection movement, and has professed his intent to act in the future as he did at the Capitol on January 6. Employment conditions, travel restrictions, and a reporting requirement will not mitigate the danger that he will do so.
IV. CONCLUSION
For the foregoing reasons, the Court should order that Chansley be detained.
Respectfully submitted this 14th day of January 2021
MICHAEL BAILEY
United States Attorney
District of Arizona
/s / KristenBrook
KRISTEN BROOK Assistant U.S. Attorney
CERTIFICATE OF SERVICE
I hereby certify that on the 14th day of January, 2021, electronically filed the foregoing with the Clerk of Court using the CM/ECF system for filing a copy to the following CM /ECF registrant:
Gerald Williams, Attorney for the Defendant Jacob Anthony Chansley.
By: / s / Todd Allison
_______________
Notes:
1. “Capitol Rioter in Horned Hat Gloats as Feds Work to Identify Suspects,” available at https://www.nbcnews.com/news/us-news/ca ... -feds-work identify- suspects-n1253392 (last visited January 13, 2021). All supporting materials referenced in this memorandum are included on a disc submitted to the Court as Attachment B.
2 "HE'S A RIOT, QAnon shaman Jake Angeli first got high aged 11, takes psychedelic cactus & used to go to school dressed as Brad Pitt Emma Perry, (January 8, 2021) available at https://www.the-sun.com/news/2104357/qa ... sychedelic brad-pitt/ (last visited January 13, 2021). 25
3 Etzimanuel, QAnon Shaman Angeli – Interview ORF YouTube ( January 6, 2021), available at https://www.youtube.com/watch?v=22d6tRXxVe (lastvisited January 13, 2021).
4 Qanon, Wikipedia, the Free Encyclopedia, available at https://en.wikipedia.org/wiki/QAnon (last visited January 13, 2021).
5 Etzimanuel, QAnon Shaman – Jake Angeli – Interview ORF, YouTube (January 6, 2021), available at https://www.youtube.com/watch?v=22d6tRXxVe (last visited January 13, 2021).
6 “TrumpSupporterin Horns and Fur is Charged in Capitol Riot,” Fredrick Kunkle, available at https://www.washingtonpost.com/local/ja ... pitolriot/ 2021/01/09/5d3c2c96-52b9-11eb-bda4-615aaefd0555_story.htm(last visited January 13, 2021).
7 “FBI Warns of Plans for Nationwide Armed Protests Next Week” Colleen Long, Michael Balsamo and Michael Kunzelman ” (January 11, 2021) available at http://www.apnews.com/article/fbi-warns ... -next-week ec75b26289166b4afd30c15b0dd2ded5 (last visited January 13, 2021); “Armed Protests Being Planned at all 50 State Capitols, FBI Bulletin Says: An Internal FBI Note Obtained by ABC News Shows Warnings of " a huge uprising " Aaron Katersky and Ceclia Darrough (January 11, 2021) available at http://www.abcnews.go.com/US/armed-prot ... pitols-fbi 27 bulletin /story ? id =75179771 (last visited January 13, 2021).
8 Etzimanuel, QAnon Shaman Jake Angeli – Interview ORF, YouTube (January 6, 2021), available at https://www.youtube.com/watch?v=22d6tRXxVeg( last visited January 13, 2021).
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sun Jan 17, 2021 3:01 am
Photographer snaps notes of MyPillow CEO after visiting Trump
by CNN
Jan 15, 2021
"Drag 'em out!"
"We got a job to do! That's why we're going to kill these people, 'cause we got a job to do."
"Once we found out Pence turned on us and that they had stolen the election, like, officially, the crowd went crazy. I mean, it became a mob."
***************************
[Peter Stager] "Death is the only remedy for what's in that building."
Peter Stager beating police officer with flag pole.
[DC Metropolitan Police Officer Michael Fanone] "And then some guy started getting a hold of my gun, and they were screaming out, 'Kill him with his own gun.'"
by CNN
Jan 15, 2021
"Drag 'em out!"
"We got a job to do! That's why we're going to kill these people, 'cause we got a job to do."
"Once we found out Pence turned on us and that they had stolen the election, like, officially, the crowd went crazy. I mean, it became a mob."
***************************
[Peter Stager] "Death is the only remedy for what's in that building."
Peter Stager beating police officer with flag pole.
[DC Metropolitan Police Officer Michael Fanone] "And then some guy started getting a hold of my gun, and they were screaming out, 'Kill him with his own gun.'"
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sun Jan 17, 2021 4:15 am
Which Side
by The Lincoln Project
Jan 16, 2021
There's a new Jim Crow Caucus — and anyone that financially supports them, supports racism at the highest level.
****************************
Statement from the Lincoln Project
by Ryan Wiggins, Senior Communications Advisor & Nate Nesbitt, National Press Secretary
January 6, 2021
FOR IMMEDIATE RELEASE
Senior Communications Advisor:
Ryan Wiggins
ryan.wiggins@lincolnproject.us
National Press Secretary
Nate Nesbitt
nate.nesbitt@lincolnproject.us
January 6, 2021 - “Today’s violence and insurrection in Washington and in state capitols is the direct responsibility of Donald Trump. This shameful culmination of four years of lies, propaganda, dog whistles, gaslighting, and conspiracy theories at the hands of a dangerous, unstable president has now put our Constitutional system of government at risk. While our democracy has been under attack since Donald Trump was elected in 2016, today’s domestic terrorist attack on the Capitol highlights just how much Trump and his enablers have entirely abandoned the principles of the Constitution and the Republic.
This is no longer simply about Donald Trump’s charade. It is an armed, violent, and planned insurrection against the United States of America. It is a moment where the tenets of Trumpism replaced the tenets of American democracy with the inevitable, violent results.
“Make no mistake, this is sedition and insurrection,” said Lincoln Project co-founder Rick Wilson, “People have long asked why the Lincoln Project has targeted Trump’s Republican allies, and today they have their answer. Those Republicans who have endorsed and encouraged Trump’s lawless coup attempt in the House and Senate deserve to be prosecuted, not seated in the halls of government.”
“The House should immediately impeach Donald Trump for directing and provoking this attack. The United States Senate should immediately vote to convict and remove him from office. Any Member of Congress who refuses to do so should be considered a co-conspirator.”
The Lincoln Project is a group of former Republicans who worked to defeat Donald J. Trump’s reelection and will continue to battle Trumpism in America.
by The Lincoln Project
Jan 16, 2021
There's a new Jim Crow Caucus — and anyone that financially supports them, supports racism at the highest level.
****************************
Statement from the Lincoln Project
by Ryan Wiggins, Senior Communications Advisor & Nate Nesbitt, National Press Secretary
January 6, 2021
FOR IMMEDIATE RELEASE
Senior Communications Advisor:
Ryan Wiggins
ryan.wiggins@lincolnproject.us
National Press Secretary
Nate Nesbitt
nate.nesbitt@lincolnproject.us
January 6, 2021 - “Today’s violence and insurrection in Washington and in state capitols is the direct responsibility of Donald Trump. This shameful culmination of four years of lies, propaganda, dog whistles, gaslighting, and conspiracy theories at the hands of a dangerous, unstable president has now put our Constitutional system of government at risk. While our democracy has been under attack since Donald Trump was elected in 2016, today’s domestic terrorist attack on the Capitol highlights just how much Trump and his enablers have entirely abandoned the principles of the Constitution and the Republic.
This is no longer simply about Donald Trump’s charade. It is an armed, violent, and planned insurrection against the United States of America. It is a moment where the tenets of Trumpism replaced the tenets of American democracy with the inevitable, violent results.
“Make no mistake, this is sedition and insurrection,” said Lincoln Project co-founder Rick Wilson, “People have long asked why the Lincoln Project has targeted Trump’s Republican allies, and today they have their answer. Those Republicans who have endorsed and encouraged Trump’s lawless coup attempt in the House and Senate deserve to be prosecuted, not seated in the halls of government.”
“The House should immediately impeach Donald Trump for directing and provoking this attack. The United States Senate should immediately vote to convict and remove him from office. Any Member of Congress who refuses to do so should be considered a co-conspirator.”
The Lincoln Project is a group of former Republicans who worked to defeat Donald J. Trump’s reelection and will continue to battle Trumpism in America.
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sun Jan 17, 2021 5:45 am
'Kill him with his own gun': Police describe facing the mob at the Capitol
by Mark Morales
CNN
Updated 9:06 AM ET, Fri January 15, 2021
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
Washington (CNN) As DC Metropolitan Police Officer Michael Fanone lay on the ground at the US Capitol building, stunned and injured, he knew a group of rioters were stripping him of his gear. They grabbed spare ammunition, ripped the police radio off his chest and even stole his badge.
Then, Fanone, who had just been Tasered several times in the back of the neck, heard something chilling that made him go into survival mode.
"Some guys started getting a hold of my gun and they were screaming out, 'Kill him with his own gun,'" said Fanone, who's been a police officer for almost two decades.
Fanone, one of three officers who spoke with CNN, described his experience fighting a mob of President Donald Trump's supporters who'd invaded the Capitol in an insurrection unheard of in modern American history.
Federal officials have said the details of the violence that come out will be disturbing.
"People are going to be shocked by some of the egregious contact that happened in the Capitol," acting US Attorney Michael Sherwin said Tuesday in reference to attacks on police officers.
Fanone, a narcotics detective who works in plain clothes, heard the commotion at the Capitol and grabbed his still brand-new police uniform that had been hanging in his locker and put it on for the first time, he said. He raced to the building with his partner and helped officers who were being pushed back by rioters.
Metropolitan Police Officer Michael Fanone
But Fanone, who said he'd rather be shot than be pulled into a crowd where he had no control, was suddenly in his biggest nightmare as an officer. And in those few moments, Fanone considered using deadly force. He thought about using his gun but knew that he didn't have enough fire power and he'd soon be overpowered again, except this time they would probably use his gun against him and they'd have all the reason to end his life.
"So, the other option I thought of was to try to appeal to somebody's humanity. And I just remember yelling out that I have kids. And it seemed to work," said the 40-year-old father of four.
A group within the rioters circled Fanone and protected him until help arrived, saving his life.
"Thank you, but f*** you for being there," Fanone said of the rioters who protected him in that moment.
Fanone's anger and frustration was a sentiment felt by law enforcement around the country, furious that Trump supporters had breached the grounds of the Capitol on the very day Joe Biden's win was confirmed by the House and Senate.
Fanone's dramatic encounter with the Trump supporting rioters was repeated all over the grounds of the US Capitol as law enforcement officers battled to push them back. Fanone, one of scores of officers who were injured in the brutal battle, shared his story for the first time, still suffering the effects of a mild heart attack.
Since the breach of the Capitol, investigators have been dissecting every aspect of the day's events, from the response of US Capitol Police to the nationwide manhunt for everyone involved.
Investigators are now looking into the notion that here was some level of planning, with enough evidence to indicate that it was not just a protest that got out of control, law enforcement sources tell CNN.
"Certainly some things that we saw on the ground were some indication that there were some coordination going on, but I think as we get further into the investigation, a lot of that will be revealed," acting MPD Chief Robert Contee told reporters Thursday.
Fanone said the rioters had weapons, either of their own or taken from his fellow police.
"We were getting chemical irritants sprayed. They had pipes and different metal objects, batons, some of which I think they had taken from law enforcement personnel. They had been striking us with those," said Fanone, who added that he wasn't going to be sitting at a desk while an insurrection was happening at the Capitol.
"And then it was just the sheer number of rioters. The force that was coming from that side," he added. "It was difficult to offer any resistance when you're only about 30 guys going up against 15,000."
Fighting off 'bear mace'
Officer Christina Laury, a member of the Metropolitan Police Department's gun recovery unit, got to the Capitol at around 12:30 p.m. ET and saw the riotous groups gaining ground.
Laury, who was guarding the line to make sure there were no gaps for anyone to slip through, was hit with a much stronger type of pepper spray that's supposed to be used only on bears, she said.
"The individuals were pushing officers, hitting officers. They were spraying us with what we were calling, essentially, bear mace, because you use it on bears," she said.
"Unfortunately, it shuts you down for a while. It's way worse than pepper spray," Laury added. "It seals your eyes shut. ... You've got to spray and douse yourself with water. And in those moments it's scary because you can't see anything and have people that are fighting to get through."
She was lucky enough not to be struck with anything but saw others beaten with objects.
"They were getting hit with metal objects. Metal poles. I remember seeing pitchforks. They're getting sprayed, knocked down," said Laury, who added that reinforcements kept rotating in so others could rest during the hours-long battle.
"Just pulling officers back to heal up and (reinforcements) stepping in to get to the front line. And then they go down and more officers step in and the officers that were knocked down, they're better again and they're just battling because the bottom line is, we're not letting anyone through."
'He was practically foaming at the mouth'
Officer Daniel Hodges was one of those officers who tried to battle back rioters but was roughed up in the fight. Hodges gained notice after footage of him circulated being crushed by a door. The 32-year-old officer is seen in the clip with blood dripping through his teeth as he kept gasping for enough air so he could yell "Help" at the top of his lungs.
Hodges raced to the Capitol to offer support like many others and soon found himself being assaulted from an angry mob that, he said, believed they were patriots.
Metropolitan Police Officer Daniel Hodges
"There's a guy ripping my mask off, he was able to rip away the baton and beat me with it," said Hodges, who was stuck in the door and added that his arm was bent before they ripped the weapon away.
"He was practically foaming at the mouth so just, these people were true believers in the worst way."
Hodges was eventually rescued by other officers who eventually came to his aid.
"You know things were looking bad," said Hodges, who miraculously walked away with no major injuries and may have suffered a minor concussion. "I was calling out for all I was worth, and an officer behind me was able to get me enough room to pull me out of there and get me to the rear so I was able to extricate myself."
This was Hodges's first visit to the Capitol building.
'They felt entitled'
The patrol officer said he had been hearing about the possibility of violence for years so he wasn't surprised that the rioters would storm the Capitol. What did surprise him was how the insurrectionists thought the police would be on their side.
"Some of them felt like we would be fast friends because so many of them have been vocal," Hodges said. "They say things like, 'Yeah, we've been supporting you through all this Black Lives Matter stuff, you should have our back' and they felt entitled."
He added, "They felt like they would just walk up there and tell us that they're here to take back Congress and we would agree with them and we'd walk in hand in hand and just take over the nation. But obviously that's not the case and it will never be the case."
Now, only days before Biden's inauguration, federal authorities are warning of other threats that may come.
DC Mayor Muriel Bowser has publicly warned people not to come to the city for the inauguration.
Hodges echoed her sentiments, and wanted not only residents, but Trump supporters and extremists to stay home too. But with one caveat.
"Stay home. Stop this," said Hodges. "On the other hand, I hope they're caught. Let's leave it at that."
by Mark Morales
CNN
Updated 9:06 AM ET, Fri January 15, 2021
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.
Washington (CNN) As DC Metropolitan Police Officer Michael Fanone lay on the ground at the US Capitol building, stunned and injured, he knew a group of rioters were stripping him of his gear. They grabbed spare ammunition, ripped the police radio off his chest and even stole his badge.
Then, Fanone, who had just been Tasered several times in the back of the neck, heard something chilling that made him go into survival mode.
"Some guys started getting a hold of my gun and they were screaming out, 'Kill him with his own gun,'" said Fanone, who's been a police officer for almost two decades.
Fanone, one of three officers who spoke with CNN, described his experience fighting a mob of President Donald Trump's supporters who'd invaded the Capitol in an insurrection unheard of in modern American history.
Federal officials have said the details of the violence that come out will be disturbing.
"People are going to be shocked by some of the egregious contact that happened in the Capitol," acting US Attorney Michael Sherwin said Tuesday in reference to attacks on police officers.
Fanone, a narcotics detective who works in plain clothes, heard the commotion at the Capitol and grabbed his still brand-new police uniform that had been hanging in his locker and put it on for the first time, he said. He raced to the building with his partner and helped officers who were being pushed back by rioters.
Metropolitan Police Officer Michael Fanone
But Fanone, who said he'd rather be shot than be pulled into a crowd where he had no control, was suddenly in his biggest nightmare as an officer. And in those few moments, Fanone considered using deadly force. He thought about using his gun but knew that he didn't have enough fire power and he'd soon be overpowered again, except this time they would probably use his gun against him and they'd have all the reason to end his life.
"So, the other option I thought of was to try to appeal to somebody's humanity. And I just remember yelling out that I have kids. And it seemed to work," said the 40-year-old father of four.
A group within the rioters circled Fanone and protected him until help arrived, saving his life.
"Thank you, but f*** you for being there," Fanone said of the rioters who protected him in that moment.
Fanone's anger and frustration was a sentiment felt by law enforcement around the country, furious that Trump supporters had breached the grounds of the Capitol on the very day Joe Biden's win was confirmed by the House and Senate.
Fanone's dramatic encounter with the Trump supporting rioters was repeated all over the grounds of the US Capitol as law enforcement officers battled to push them back. Fanone, one of scores of officers who were injured in the brutal battle, shared his story for the first time, still suffering the effects of a mild heart attack.
Since the breach of the Capitol, investigators have been dissecting every aspect of the day's events, from the response of US Capitol Police to the nationwide manhunt for everyone involved.
Investigators are now looking into the notion that here was some level of planning, with enough evidence to indicate that it was not just a protest that got out of control, law enforcement sources tell CNN.
"Certainly some things that we saw on the ground were some indication that there were some coordination going on, but I think as we get further into the investigation, a lot of that will be revealed," acting MPD Chief Robert Contee told reporters Thursday.
Fanone said the rioters had weapons, either of their own or taken from his fellow police.
"We were getting chemical irritants sprayed. They had pipes and different metal objects, batons, some of which I think they had taken from law enforcement personnel. They had been striking us with those," said Fanone, who added that he wasn't going to be sitting at a desk while an insurrection was happening at the Capitol.
"And then it was just the sheer number of rioters. The force that was coming from that side," he added. "It was difficult to offer any resistance when you're only about 30 guys going up against 15,000."
Fighting off 'bear mace'
Officer Christina Laury, a member of the Metropolitan Police Department's gun recovery unit, got to the Capitol at around 12:30 p.m. ET and saw the riotous groups gaining ground.
Laury, who was guarding the line to make sure there were no gaps for anyone to slip through, was hit with a much stronger type of pepper spray that's supposed to be used only on bears, she said.
"The individuals were pushing officers, hitting officers. They were spraying us with what we were calling, essentially, bear mace, because you use it on bears," she said.
"Unfortunately, it shuts you down for a while. It's way worse than pepper spray," Laury added. "It seals your eyes shut. ... You've got to spray and douse yourself with water. And in those moments it's scary because you can't see anything and have people that are fighting to get through."
She was lucky enough not to be struck with anything but saw others beaten with objects.
"They were getting hit with metal objects. Metal poles. I remember seeing pitchforks. They're getting sprayed, knocked down," said Laury, who added that reinforcements kept rotating in so others could rest during the hours-long battle.
"Just pulling officers back to heal up and (reinforcements) stepping in to get to the front line. And then they go down and more officers step in and the officers that were knocked down, they're better again and they're just battling because the bottom line is, we're not letting anyone through."
'He was practically foaming at the mouth'
Officer Daniel Hodges was one of those officers who tried to battle back rioters but was roughed up in the fight. Hodges gained notice after footage of him circulated being crushed by a door. The 32-year-old officer is seen in the clip with blood dripping through his teeth as he kept gasping for enough air so he could yell "Help" at the top of his lungs.
Hodges raced to the Capitol to offer support like many others and soon found himself being assaulted from an angry mob that, he said, believed they were patriots.
Metropolitan Police Officer Daniel Hodges
"There's a guy ripping my mask off, he was able to rip away the baton and beat me with it," said Hodges, who was stuck in the door and added that his arm was bent before they ripped the weapon away.
"He was practically foaming at the mouth so just, these people were true believers in the worst way."
Hodges was eventually rescued by other officers who eventually came to his aid.
"You know things were looking bad," said Hodges, who miraculously walked away with no major injuries and may have suffered a minor concussion. "I was calling out for all I was worth, and an officer behind me was able to get me enough room to pull me out of there and get me to the rear so I was able to extricate myself."
This was Hodges's first visit to the Capitol building.
'They felt entitled'
The patrol officer said he had been hearing about the possibility of violence for years so he wasn't surprised that the rioters would storm the Capitol. What did surprise him was how the insurrectionists thought the police would be on their side.
"Some of them felt like we would be fast friends because so many of them have been vocal," Hodges said. "They say things like, 'Yeah, we've been supporting you through all this Black Lives Matter stuff, you should have our back' and they felt entitled."
He added, "They felt like they would just walk up there and tell us that they're here to take back Congress and we would agree with them and we'd walk in hand in hand and just take over the nation. But obviously that's not the case and it will never be the case."
Now, only days before Biden's inauguration, federal authorities are warning of other threats that may come.
DC Mayor Muriel Bowser has publicly warned people not to come to the city for the inauguration.
Hodges echoed her sentiments, and wanted not only residents, but Trump supporters and extremists to stay home too. But with one caveat.
"Stay home. Stop this," said Hodges. "On the other hand, I hope they're caught. Let's leave it at that."
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sun Jan 17, 2021 6:36 am
Prosecutor: Capitol rioter aimed ‘to take hostages’
by Jake Bleiberg
Associated Press
January 14, 2021
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
This undated photo provided by the Grapevine Texas Police Department shows, Larry Rendall Brock Jr. During the deadly riot at the U.S. Capitol on Wednesday, Jan. 6, 2021, Brock was photographed on the Senate floor wearing a helmet and heavy vest and carrying zip-tie handcuffs. The retired Air Force officer was arrested in Texas and charged Sunday, Jan. 10 in federal court in the District of Columbia. (GrapevineTexas Police Department via AP)
FORT WORTH, Texas (AP) — A retired Air Force officer who was part of the mob that stormed the U.S. Capitol last week carried plastic zip-tie handcuffs because he intended “to take hostages,” a prosecutor said in a Texas court on Thursday.
“He means to take hostages. He means to kidnap, restrain, perhaps try, perhaps execute members of the U.S. government,” Assistant U.S. Attorney Jay Weimer said of retired Lt. Col. Larry Rendall Brock Jr. without providing specifics.
The prosecutor had argued that Brock should be detained, but Magistrate Judge Jeffrey L. Cureton said he would release Brock to home confinement. Cureton ordered Brock to surrender any firearms and said he could have only limited internet access as conditions of that release.
“I need to put you on a very short rope,” Cureton said. “These are strange times for our country and the concerns raised by the government do not fall on deaf ears.”
Brock appeared in court in a light green jumpsuit, a mask and with shackles at his hands and feet.
Weimer did not detail a specific plan by Brock but noted “his prior experience and training make him all the more dangerous.”
He also read in court social media posts from Brock, including one posted on the day of the Capitol riot that said: “Patriots on the Capitol. Patriots storming. Men with guns need to shoot their way in.”
Brock was arrested Sunday in Texas after being photographed on the Senate floor during the deadly riot wearing a helmet and heavy vest and carrying plastic zip-tie handcuffs. The 53-year-old is charged with knowingly entering or remaining in a restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds.
Brock’s attorney, Brook Antonio II, noted that Brock has only been charged with misdemeanors. Antonio said there was no direct evidence of Brock breaking doors or windows to get into the Capitol, or doing anything violent once he was inside.
“It’s all talk. It’s all speculation and conjecture,” said Antonio, who noted Brock’s long service in the military, including being reactivated after Sept. 11 and his four tours in Afghanistan.
Weimer said Brock will likely face additional charges.
More than 100 people have been arrested in the Capitol riot, with charges ranging from curfew violations to serious federal felonies related to theft and weapons possession.
The FBI has been investigating whether some of the rioters had planned to kidnap members of Congress and hold them hostage.
Before his arrest, Brock told The New Yorker magazine that he found the zip-tie cuffs on the floor and that he had planned to give them to a police officer.
“I wish I had not picked those up,” he said.
There was no evidence presented that Brock had a firearm on the day of the Capitol riot.
Antonio asked an FBI agent who was testifying whether it was possible Brock had just picked up the cuffs, and the agent acknowledged that was a possibility.
Weimer read a termination letter from Brock’s former employer that said he had talked in the workplace about killing people of a “particular religion and or race.” Weimer also read social media posts in which Brock referred to a coming civil war and the election being stolen from President Donald Trump.
Weimer said Brock’s posts also referenced the far-right and anti-government Oath Keepers and the Three Percenters, a loose anti-government network that’s part of the militia movement. The Oath Keepers claim to count thousands of current and former law enforcement officials and military veterans as members.
The FBI agent though testified there was no evidence beyond the social media posts that Brock was involved with either of those groups.
Judges across the country, including some nominated by Trump, have repeatedly dismissed cases challenging the election results, and Attorney General William Barr has said there was no sign of widespread fraud.
___
Associated Press writer Jamie Stengle contributed to this report from Dallas.
by Jake Bleiberg
Associated Press
January 14, 2021
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.
This undated photo provided by the Grapevine Texas Police Department shows, Larry Rendall Brock Jr. During the deadly riot at the U.S. Capitol on Wednesday, Jan. 6, 2021, Brock was photographed on the Senate floor wearing a helmet and heavy vest and carrying zip-tie handcuffs. The retired Air Force officer was arrested in Texas and charged Sunday, Jan. 10 in federal court in the District of Columbia. (GrapevineTexas Police Department via AP)
FORT WORTH, Texas (AP) — A retired Air Force officer who was part of the mob that stormed the U.S. Capitol last week carried plastic zip-tie handcuffs because he intended “to take hostages,” a prosecutor said in a Texas court on Thursday.
“He means to take hostages. He means to kidnap, restrain, perhaps try, perhaps execute members of the U.S. government,” Assistant U.S. Attorney Jay Weimer said of retired Lt. Col. Larry Rendall Brock Jr. without providing specifics.
The prosecutor had argued that Brock should be detained, but Magistrate Judge Jeffrey L. Cureton said he would release Brock to home confinement. Cureton ordered Brock to surrender any firearms and said he could have only limited internet access as conditions of that release.
“I need to put you on a very short rope,” Cureton said. “These are strange times for our country and the concerns raised by the government do not fall on deaf ears.”
Brock appeared in court in a light green jumpsuit, a mask and with shackles at his hands and feet.
Weimer did not detail a specific plan by Brock but noted “his prior experience and training make him all the more dangerous.”
He also read in court social media posts from Brock, including one posted on the day of the Capitol riot that said: “Patriots on the Capitol. Patriots storming. Men with guns need to shoot their way in.”
Brock was arrested Sunday in Texas after being photographed on the Senate floor during the deadly riot wearing a helmet and heavy vest and carrying plastic zip-tie handcuffs. The 53-year-old is charged with knowingly entering or remaining in a restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds.
Brock’s attorney, Brook Antonio II, noted that Brock has only been charged with misdemeanors. Antonio said there was no direct evidence of Brock breaking doors or windows to get into the Capitol, or doing anything violent once he was inside.
“It’s all talk. It’s all speculation and conjecture,” said Antonio, who noted Brock’s long service in the military, including being reactivated after Sept. 11 and his four tours in Afghanistan.
Weimer said Brock will likely face additional charges.
More than 100 people have been arrested in the Capitol riot, with charges ranging from curfew violations to serious federal felonies related to theft and weapons possession.
The FBI has been investigating whether some of the rioters had planned to kidnap members of Congress and hold them hostage.
Before his arrest, Brock told The New Yorker magazine that he found the zip-tie cuffs on the floor and that he had planned to give them to a police officer.
“I wish I had not picked those up,” he said.
There was no evidence presented that Brock had a firearm on the day of the Capitol riot.
Antonio asked an FBI agent who was testifying whether it was possible Brock had just picked up the cuffs, and the agent acknowledged that was a possibility.
Weimer read a termination letter from Brock’s former employer that said he had talked in the workplace about killing people of a “particular religion and or race.” Weimer also read social media posts in which Brock referred to a coming civil war and the election being stolen from President Donald Trump.
Weimer said Brock’s posts also referenced the far-right and anti-government Oath Keepers and the Three Percenters, a loose anti-government network that’s part of the militia movement. The Oath Keepers claim to count thousands of current and former law enforcement officials and military veterans as members.
The FBI agent though testified there was no evidence beyond the social media posts that Brock was involved with either of those groups.
Judges across the country, including some nominated by Trump, have repeatedly dismissed cases challenging the election results, and Attorney General William Barr has said there was no sign of widespread fraud.
___
Associated Press writer Jamie Stengle contributed to this report from Dallas.
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Re: Trump lashes out at Gov. Doug Ducey following certificat
by admin » Sun Jan 17, 2021 7:12 am
Charlie Kirk deletes tweet saying he sent ‘80+ buses full of patriots’ to D.C.: The tweet was made just two days before rioters stormed the Capitol.
by Mikael Thalen
Jan 10, 2021, 10:10 am
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
KVUE/Twitter Charlie Kirk/Twitter Mikael Thalen
Charlie Kirk, the founder of the conservative student group Turning Point USA (TPUSA), deleted a tweet in which he claimed to be sending more than 80 buses filled with President Donald Trump’s supporters to Washington, D.C.
The deleted tweet, uncovered by the Daily Dot on Saturday, was posted just two days before Trump supporters stormed the Capitol in an attempt to overturn the results of the 2020 presidential election.
"The historic event will likely be one of the largest and most consequential in American history," Kirk wrote. "The team at @TrumpStudents & Turning Point Action are honored to help make this happen, sending 80+ buses full of patriots to DC to fight for this president."
The tweet garnered attention online after the riot on Wednesday, which led to the death of four Trump supporters as well as one police officer, who was reportedly violently bludgeoned with a fire extinguisher.
Before the riot, Trump supporters attended a rally near the White House where the president called on the crowd to march to the Capitol as Congress was counting the Electoral College votes.
Kirk, as well as numerous other high-profile figures in Trump's orbit, spent weeks prior to Wednesday spreading debunked claims of widespread voter fraud.
The conservative even played into conspiracy theories regarding the "Pence Card," the false belief that Vice President Mike Pence could overturn the election, in statements on Monday.
"Despite what the media and certain weak intellectually-compromised Constitutional scholars are telling you, Mike Pence does not have to accept the results of polluted and poisoned electors. He does not," Kirk said.
Countless Trump supporters, convinced that Pence had committed treason thanks to the rhetoric online, were heard openly calling for the vice president to be hanged during the riot.
The website for Turning Point Action (TPA), an offshoot organization of TPUSA, earlier in the week openly advertised the campaign, offering both bus rides and complimentary hotel rooms to those willing to come to D.C.
It remains unclear how many buses were ultimately used in the shuttle and whether any occupants joined in on the siege.
Speaking with the Daily Dot, Brian Caviness, a 23-year-old TPUSA member from Texas who took one such bus to hear the president speak, stated that the organization only intended to stay for the rally and not the ensuing march.
Caviness, who condemned the violence on his Facebook page, stated that he left on the bus just as the Capitol was being overtaken.
"All I can say is, I was just in the middle of a very dangerous situation I do not support..." he said.
In a statement to the Daily Dot, a TPA spokesperson likewise condemned the violence and asserted that its organization was in no way involved with the events at the Capitol.
"Turning Point Action (TPA) did bus some students to the January 6th rally, which included a speech from the President of the United States. Following the president's remarks, and in keeping with itinerary, TPA bused those students immediately out of the area," the spokesperson said. "No TPA buses were involved, nor did TPA encourage participation in the march to the Capitol. TPA's leadership condemns political violence and immediately did so as soon as news broke of the incident at the Capitol Building."
Trump supporters, some of whom are still calling for violence, are already planning to return to the Capitol to disrupt the inauguration of President-elect Joe Biden on Jan. 20.
At current, TPA does not appear to be backing or offering rides to the Inauguration Day protest.
Kirk has since tried to distance himself from the uprising at the Capitol by condemning those who participated on Twitter.
Correction: An earlier version of this article incorrectly referred to Turning Point USA (TPUSA) instead of Turning Point Action (TPA).
by Mikael Thalen
Jan 10, 2021, 10:10 am
NOTICE: THIS WORK MAY BE PROTECTED BY COPYRIGHT
YOU ARE REQUIRED TO READ THE COPYRIGHT NOTICE AT THIS LINK BEFORE YOU READ THE FOLLOWING WORK, THAT IS AVAILABLE SOLELY FOR PRIVATE STUDY, SCHOLARSHIP OR RESEARCH PURSUANT TO 17 U.S.C. SECTION 107 AND 108. IN THE EVENT THAT THE LIBRARY DETERMINES THAT UNLAWFUL COPYING OF THIS WORK HAS OCCURRED, THE LIBRARY HAS THE RIGHT TO BLOCK THE I.P. ADDRESS AT WHICH THE UNLAWFUL COPYING APPEARED TO HAVE OCCURRED. THANK YOU FOR RESPECTING THE RIGHTS OF COPYRIGHT OWNERS.
Charlie Kirk
@charliekirk11
This historic event will likely be one of the largest and most consequential in American history
The team at @TrumpStudents & Turning Point Action are honored to help make this happen, sending 80+ buses full of patriots to DC to fight for this president
KVUE/Twitter Charlie Kirk/Twitter Mikael Thalen
Charlie Kirk, the founder of the conservative student group Turning Point USA (TPUSA), deleted a tweet in which he claimed to be sending more than 80 buses filled with President Donald Trump’s supporters to Washington, D.C.
The deleted tweet, uncovered by the Daily Dot on Saturday, was posted just two days before Trump supporters stormed the Capitol in an attempt to overturn the results of the 2020 presidential election.
"The historic event will likely be one of the largest and most consequential in American history," Kirk wrote. "The team at @TrumpStudents & Turning Point Action are honored to help make this happen, sending 80+ buses full of patriots to DC to fight for this president."
Mikael Thalen
@MikaelThalen
In the wake of the Capitol riot, Charlie Kirk has deleted a tweet in which he discussed sending "80+ buses full of patriots to DC to fight for this president."
web.archive.org/web/2021010706...Charlie Kirk
@charliekirk11
This historic event will likely be one of the largest and most consequential in American history
The team at @TrumpStudents & Turning Point Action are honored to help make this happen, sending 80+ buses full of patriots to DC to fight for this president
12:09 PM Jan 9, 2021
The tweet garnered attention online after the riot on Wednesday, which led to the death of four Trump supporters as well as one police officer, who was reportedly violently bludgeoned with a fire extinguisher.
Before the riot, Trump supporters attended a rally near the White House where the president called on the crowd to march to the Capitol as Congress was counting the Electoral College votes.
Kirk, as well as numerous other high-profile figures in Trump's orbit, spent weeks prior to Wednesday spreading debunked claims of widespread voter fraud.
The conservative even played into conspiracy theories regarding the "Pence Card," the false belief that Vice President Mike Pence could overturn the election, in statements on Monday.
"Despite what the media and certain weak intellectually-compromised Constitutional scholars are telling you, Mike Pence does not have to accept the results of polluted and poisoned electors. He does not," Kirk said.
Countless Trump supporters, convinced that Pence had committed treason thanks to the rhetoric online, were heard openly calling for the vice president to be hanged during the riot.
The website for Turning Point Action (TPA), an offshoot organization of TPUSA, earlier in the week openly advertised the campaign, offering both bus rides and complimentary hotel rooms to those willing to come to D.C.
MARCH TO SAVE AMERICA
JOIN US IN DC!
RIDE A BUS & RECEIVE PRIORITY ENTRY
STAY IN A COMPLIMENTARY HOTEL
MEET US THERE
JAN. 6TH
9 AM
TURNING POINT ACTION
TRACTION.COM/MARCHTOSAVEAMERICA
It remains unclear how many buses were ultimately used in the shuttle and whether any occupants joined in on the siege.
Speaking with the Daily Dot, Brian Caviness, a 23-year-old TPUSA member from Texas who took one such bus to hear the president speak, stated that the organization only intended to stay for the rally and not the ensuing march.
Caviness, who condemned the violence on his Facebook page, stated that he left on the bus just as the Capitol was being overtaken.
"All I can say is, I was just in the middle of a very dangerous situation I do not support..." he said.
In a statement to the Daily Dot, a TPA spokesperson likewise condemned the violence and asserted that its organization was in no way involved with the events at the Capitol.
"Turning Point Action (TPA) did bus some students to the January 6th rally, which included a speech from the President of the United States. Following the president's remarks, and in keeping with itinerary, TPA bused those students immediately out of the area," the spokesperson said. "No TPA buses were involved, nor did TPA encourage participation in the march to the Capitol. TPA's leadership condemns political violence and immediately did so as soon as news broke of the incident at the Capitol Building."
Trump supporters, some of whom are still calling for violence, are already planning to return to the Capitol to disrupt the inauguration of President-elect Joe Biden on Jan. 20.
At current, TPA does not appear to be backing or offering rides to the Inauguration Day protest.
Kirk has since tried to distance himself from the uprising at the Capitol by condemning those who participated on Twitter.
Correction: An earlier version of this article incorrectly referred to Turning Point USA (TPUSA) instead of Turning Point Action (TPA).
- admin
- Site Admin
- Posts: 36183
- Joined: Thu Aug 01, 2013 5:21 am
Return to United States Government Crime
Who is online
Users browsing this forum: No registered users and 27 guests