Trump lashes out at Gov. Doug Ducey following certification

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Tue Apr 20, 2021 8:37 am

Marjorie Taylor Greene scraps launch of 'America First' caucus after GOP blowback
by CNN
Apr 19, 2021



Conservative Georgia Rep. Marjorie Taylor Greene is scrapping the planned launch of her "America First" caucus after receiving blowback from leaders in her own party, despite confirming through a spokesperson on Friday that the caucus would launch.

Nick Dyer, Greene's spokesperson, told CNN in an email on Saturday afternoon the Georgia Republican is not "launching anything."

"The Congresswoman wants to make clear that she is not launching anything. This was an early planning proposal and nothing was agreed to or approved," he said in an email to CNN, referring to a flier promoting the caucus, obtained by Punchbowl News, that used inflammatory rhetoric.

He added that "she didn't approve that language and has no plans to launch anything."

This is a reversal from Friday, when her office said she would launch the caucus "very soon."

"Be on the look out for the release of the America First Caucus platform when it's announced to the public very soon," Dyer said in a statement to CNN Friday.

*********************

Marjorie Taylor Greene scraps planned launch of controversial 'America First' caucus amid blowback from GOP
by Daniella Diaz, CNN
Updated 8:45 AM ET, Sun April 18, 2021

(CNN)Conservative Rep. Marjorie Taylor Greene is scrapping the planned launch of her "America First" caucus after receiving blowback from leaders in her own party, despite confirming through a spokesperson on Friday that the caucus would launch.

Nick Dyer, Greene's spokesperson, told CNN in an email on Saturday afternoon the Georgia Republican is not "launching anything."

"The Congresswoman wants to make clear that she is not launching anything. This was an early planning proposal and nothing was agreed to or approved," he said in an email to CNN, referring to a flier promoting the caucus, obtained by Punchbowl News, that used inflammatory rhetoric.

He added that "she didn't approve that language and has no plans to launch anything."

This is a reversal from Friday, when her office said she would launch the caucus "very soon."

Greene in a series of tweets Saturday afternoon also claimed that the staff-level draft proposal of her "America First" caucus is "from an outside group that I hadn't read." She also accused the media of creating "false narratives" and focusing on race to "divide the American people with hate through identity politics."

Greene suggested in her tweets she plans to move forward with advocating for former President Donald Trump's America First agenda.

The flier promoting the new caucus calls for a "common respect for uniquely Anglo-Saxon political traditions" and pushes a series of conspiracy theories about election integrity.

The flier also outlined a nativist argument warning that "mass immigration" poses a threat to "the long-term existential future of America as a unique country with a unique culture and a unique identity."

Congressional caucuses are voluntary groups usually made up of lawmakers seeking to advance certain policy agendas. While the groups operate outside of the formal congressional legislative structure, many have found success influencing debate and amplifying their shared policy prescriptions.

On Friday, amid news reports of the caucus, Dyer complained about the initial draft of the flier being leaked but confirmed to CNN in a statement that plans were in the works to form the group, which he said would be "announced to the public very soon."

The reversal from her office comes a day after top House Republican Kevin McCarthy indirectly referenced the congresswoman's new caucus, tweeting, "The Republican Party is the party of Lincoln & the party of more opportunity for all Americans—not nativist dog whistles."

And GOP conference chair Liz Cheney, the No. 3 House Republican, responded to the reporting about the new caucus from Greene in a tweet.

"Republicans believe in equal opportunity, freedom, and justice for all. We teach our children the values of tolerance, decency and moral courage," she wrote. "Racism, nativism, and anti-Semitism are evil. History teaches we all have an obligation to confront & reject such malicious hate."

Embattled GOP Rep. Matt Gaetz of Florida, who is under federal investigation over allegations involving sex trafficking and prostitution, tweeted Friday, "I'm proud to join @mtgreenee in the #AmericaFirst Caucus. We will end wars, stop illegal immigration & promote trade that is fair to American workers. This is just a hit piece from the America Last crowd in Big Media, Big Tech & Big Government."

Arizona Rep. Paul Gosar, a Republican, denied his involvement in plans to launch an "America First" caucus and wrote in a statement Saturday he will "continue to work on America First issues in the House Freedom Caucus." Punchbowl News had reported Gosar had been involved with the caucus.

He claimed on Saturday that he first heard of the flier when he read the report by Punchbowl.

GOP Rep. Adam Kinzinger of Illinois said that he was "disgusted" following initial reports of the new caucus, and on Friday said that anyone who joins the caucus should have their committee assignments stripped and be expelled from Republican conference participation.

"While we can't prevent someone from calling themselves Republican, we can loudly say they don't belong to us," he wrote on Twitter.

This story has been updated with additional developments.

CNN's Ali Main, Veronica Stracqualursi, Annie Grayer, Ryan Nobles and Paul LeBlanc contributed to this report.

***********************

Marjorie Taylor Greene launching 'America First' caucus pushing for 'Anglo-Saxon political tradition'
by Daniella Diaz, Annie Grayer, Ryan Nobles and Paul LeBlanc, CNN
Updated 3:37 PM ET, Sat April 17, 2021

Washington (CNN)Conservative Rep. Marjorie Taylor Greene is launching a new "America First" caucus, her office confirmed Friday, bringing together a group of far-right lawmakers known for their controversial rhetoric.

Punchbowl News obtained a flier promoting the new caucus, which calls for a "common respect for uniquely Anglo-Saxon political traditions" and pushes a series of conspiracy theories about election integrity. The flier also outlined a nativist argument warning that "mass immigration" poses a threat to "the long-term existential future of America as a unique country with a unique culture and a unique identity."

A spokesperson for Greene, Nick Dyer, complained about the initial draft of the flier being leaked but confirmed to CNN in a statement that plans were in the works to form the group, which will be "announced to the public very soon."

Dyer on Saturday, however, told CNN in an email that Greene is not "launching anything." The congresswoman is scrapping the planned launch of her "America First" caucus after receiving blow back from leaders in her own party.

Embattled GOP Rep. Matt Gaetz of Florida, who is under federal investigation over allegations involving sex trafficking and prostitution, tweeted Friday, "I'm proud to join @mtgreenee in the #AmericaFirst Caucus. We will end wars, stop illegal immigration & promote trade that is fair to American workers. This is just a hit piece from the America Last crowd in Big Media, Big Tech & Big Government."

Congressional caucuses are voluntary groups usually made up of lawmakers seeking to advance certain policy agendas. While the groups operate outside of the formal congressional legislative structure, many have found success influencing debate and amplifying their shared policy prescriptions.

CNN has reached out to Republican Reps. Paul Gosar of Arizona, Louie Gohmert of Texas and Rep. Barry Moore of Alabama, whom Punchbowl News reported to be involved in the caucus.

A spokesperson for Moore told CNN in a statement, "Congressman Moore wholeheartedly supports President Trump's America First agenda and policies that prioritize hardworking Americans. He will not agree to join any caucus until he's had an opportunity to research their platform, which he has not had the chance to do so with the America First Caucus and therefore has not joined."

The lawmakers are known to be on the extreme far-right fringes of the GOP, and their rhetoric is often designed to grab headlines. The rhetoric surrounding protecting the American identity and "uniquely Anglo-Saxon political traditions" ties into a toxic argument with a racist legacy that immigrants are "replacing" Americans who were born in the United States.

Republican Rep. Scott Perry of Pennsylvania evoked a similar argument during a subcommittee hearing earlier this week set to examine why those from Central American countries comprise a disproportionate number of migrants crossing the US-Mexico border.

"For many Americans, what seems to be happening or what they believe right now is happening is what appears to them is we're replacing national-born American — native-born Americans to permanently transform the political landscape of this very nation," Perry said.

Similar comments were also recently made by Fox News anchor Tucker Carlson, underscoring how certain Republican lawmakers and right-wing media personalities are echoing and thus potentially legitimizing arguments that have been made by White nationalists and nativists for years.

The House voted in February to remove Greene, a freshman from Georgia, from her committee assignments after reports of her comments surfaced showing her encouragement of political violence, suggesting that the Parkland, Florida, school shooting was a "false flag" operation and conspiratorial claim that a space laser controlled by Jewish financiers started a California wildfire in 2018.

She has tried to make a name for herself being an outsider and a rabble rouser and routinely uses parliamentary procedures to slow down House floor business, much to the dismay of her colleagues.

'An existential threat': The Republicans calling for their party to reject QAnon conspiracy theories
'An existential threat': The Republicans calling for their party to reject QAnon conspiracy theories
But the tactics have helped her win support on the far right, and just this week her campaign announced she had raised $3.2 million in the first three months in office - an astonishing amount for a freshman member.

Following news of the new caucus Wednesday, GOP Rep. Adam Kinzinger of Illinois tweeted, "Just when I was hoping to take a long weekend away from crazy I see this."

"Completely disgusted," he said.

House Minority Leader Kevin McCarthy, a California Republican, tweeted Friday afternoon, "The Republican Party is the party of Lincoln & the party of more opportunity for all Americans—not nativist dog whistles."

GOP conference chair Liz Cheney, the No. 3 House Republican, responded to the reporting about the new caucus from Greene in a tweet.

"Republicans believe in equal opportunity, freedom, and justice for all. We teach our children the values of tolerance, decency and moral courage," she wrote. "Racism, nativism, and anti-Semitism are evil. History teaches we all have an obligation to confront & reject such malicious hate."

This story has been updated with additional comments from Dyer on Saturday.

*************************

America First Caucus Policy Platform
Est. 2021

Image

The America First Caucus (AFC) exists to promote Congressional policies that are to the long-term benefit of the American nation. The North Star of any policy proposal will be that which serves the American people, and any consequential analysis of policy platforms must be based on this first principle.

As this implies a degree of ideological flexibility, a certain intellectual boldness is needed amongst members of the AFC to follow in President Trump’s footsteps, and potentially step on some toes and sacrifice sacred cows for the good of the American nation. Policy areas as far ranging as foreign intervention, economic development, immigration, trade, tech regulation and social policy need to be re-examined from the ground up to ensure that what remains keeps the interest of Americans at heart.

It is the firm belief of this Caucus that American policy-making needs to get back to first principles, restore a long-term time horizon amongst our nation’s leaders, and instill a greatly internalized sense of service to the American people on part of our elected leaders. As long as these principles are put and kept in practice, the interests of the American people will be safeguarded.

Election Fraud

The AFC is in support of nationwide systemic electoral reform. Both Democrats and Republicans have pointed out for years the systemic failures in our election tabulation. A Republic that relies on elections must ensure its elections are fair and transparent. There is a growing consensus that both objectives have failed.

Recent election results demonstrate a compromised integrity of our elections and made our election system a subject of global mockery. Across the country federal elections have been undermined by using voting machines that are readily compromised and illegally accessed whereby results appear manipulated, voters are disenfranchised, and faith in our system eroded.

Mail-in voting, long recognized as subject to fraud, has become normalized. We will work towards an end to mail-in voting, implementation of national voter ID and substantive investigations into mass voter fraud perpetrated during the 2020 election.

Sovereignty

America was founded on the basis of individual and state sovereignty, to ensure that no free American would be lorded over by a Monarch ever again. Unfortunately, bureaucrats in Washington, D.C. and the elites who control them have risen to form a new oligarchy — one that is far more decadent, corrosive and hostile to the will of the people than the Founders could have ever dreamed of. This is why sovereignty is of paramount importance to the AFC.

We will work to divest power from the federal government and give it back to the states and the people to restore the balance of federalism. We believe in, and will fight for, the principles of federalism and decentralization of political power; the government closest to the people is the best equipped to handle their concerns. At the federal level, this means exposing deep state actors, shrinking the regulatory state, and eliminating thousands of regulations and indeed entire bureaucracies.

Big Tech

Silicon Valley tech firms have become the most powerful arbiters of information in the history of mankind. The treasure trove of data they have collected from Americans have given them powers that would make a Soviet dictator blush. We have seen these powers weaponized and deployed against conservatives in recent years, even as Big Tech firms continue to allow terrorists and pedophiles to organize and publish on their platforms. This represents an egregious offense against the First Amendment and the values enshrined within it. The America First Caucus is calling for a solution that starts with reform of Section 230 of the Communications Decency Act.

Immigration

The America First Caucus recognizes that our country is more than a mass of consumers or a series of abstract ideas. America is a nation with a border, and a culture, strengthened by a common respect for uniquely Anglo-Saxon political traditions. History has shown that societal trust and political unity are threatened when foreign citizens are imported en-masse into a country, particularly without institutional support for assimilation and an expansive welfare state to bail them out should they fail to contribute positively to the country. While certain economic and financial interest groups benefit immensely from mass immigration, legal as well as illegal, and the aggregate output of the country increases, the reality of large segments of our society as well as the long-term existential future of America as a unique country with a unique culture and a unique identity being put at unnecessary risk is something our leaders can afford to ignore no longer.

As such, America’s legal immigration system should be curtailed to those that can contribute not only economically, but have demonstrated respect for this nation’s culture and rule of law. America’s borders must be defended, and illegal immigration must be stopped without exception.

Moreover, we cannot ignore the impact that mass immigration has on reducing job opportunities and depreciating wages for Americans. Further restricting immigration would ensure that American jobs go to American workers. The econometric evidence and consensus amongst labor economists is that in addition to being a substantial net drain on the public purse, post-1965 immigrants decrease the capital-to-labor ratio within the national economy, thereby causing a massive shift in the gains of the economy from wage earners to the shareholders and owners of large firms.

An important distinction between post-1965 immigrants and previous waves of settlers is that previous cohorts were more educated, earned higher wages, and did not have an expansive welfare state to fall back on when they could not make it in America and thus did not stay in the country at the expense of the native-born. Another important point of note is the many pauses in immigration that have taken place in this country following a large intake of immigrants. These pauses have been absolutely essential in assimilating the new arrivals and weeding out those who could not or refused to abandon their old loyalties and plunge head-first into mainstream American society.

A measure of a country’s greatness is the value recognized in being a citizen. As such, we cannot tarnish this important designation by rewarding those who failed to follow our laws at the expense of those who have, which is why amnesty must be rejected in all forms. Additionally, we must abolish unnaturalized birthright citizenship, which actively encourages hostile interests to undermine the legitimacy of democratic self-governance by engaging in subversive “birth tourism” and chain migration. Lastly, federally imposed refugee resettlement programs should be rejected due both to disruption to small communities and the corruption rampant within these programs.


Infrastructure

The America First Caucus will work towards an infrastructure that reflects the architectural, engineering and aesthetic value that befits the progeny of European architecture, whereby public infrastructure must be utilitarian as well as stunningly, classically beautiful, befitting a world power and source of freedom. As the Romans demonstrated with aqueducts, walls and roads, function and beauty are not at odds. Federally funded infrastructure, including roads, buildings, airports, seaports, bridges, should demonstrate a pride of workmanship. A bridge is not merely something to cross from side A to side B, it is a connection among peoples.

Infrastructure is one of the few areas where the federal government should exercise its constitutional authority. For decades, America has been sending trillions of dollars out the door to support the infrastructure of other nations—even to countries that hate the United—with nothing to show for it. Simultaneously, our domestic infrastructure is failing, crumbling and decaying from within. This Caucus will work to direct as much money as possible to our domestic infrastructure needs.

Dilapidated roads and bridges should be rebuilt, dams and wastewater plants must be secured, borders secured, drinking water systems improved, amongst other much needed additional investments. The America First Caucus knows that these projects impact the daily lives of American citizens.

Foreign Aid

Whether it is aid for humanitarian or military purposes, sending taxpayer money outside of the nation is generally an unwise undertaking and an entanglement that rarely provides any benefit to our citizens. Often, these funds end up in the wrong hands, are squandered through corruption, or go toward the pet projects of liberal interventionists. With so many unmet needs in the United States, helping other countries with their infrastructure, their military, their immigration problems and their economies makes no sense.

American tax dollars should not go toward teaching gender studies in Pakistan or supporting ideologically subversive non-governmental organizations (NGOs). Taxpayer money should be spent at home, allowing individual Americans to make charitable contributions to those around the world in need. The America First Caucus believes that the American people are the most kind and charitable in the world, and they would be far better at allocating their own money than having corrupt bureaucrats play around with it.

National Security

For far too long, a hawkish neoconservative foreign policy has been the default for the American Right. This has resulted in America being bogged-down in endless conflicts with trillion-dollar price tags in addition to having thousands of American heroes losing their lives as a result. Meanwhile, our nation’s infrastructure and our border security have been traitorously neglected.

Decades in Afghanistan have accomplished little except to enrich defense contractors and empower the military-industrial complex. The people of Afghanistan have endured an endless parade of violence typically with one side funded by our tax dollars. Regime change operations in Iraq and Libya have proved disastrous, while doing nothing to keep Americans safe. Indeed, after the Obama Administration used our military to topple Libyan President Qadafi, Libya has turned into a failed state where there are open slave markets, lawlessness and chaos. What was once a functioning state is now a failed state, because of Obama’s intervention. This is not what our military was meant for.

The America First Caucus recognizes that America can no longer afford to be the world’s policeman. Instead of endless interventions, bold diplomatic endeavors must be undertaken with countries such as Russia and North Korea to ensure a more peaceful and stable world. America should not be sacrificing blood and treasure while our so-called allies refuse to pull their weight in contributing toward neutralizing threatening actors in the world. America must remain a free and independent Republic, not a globalist watchdog.

Coronavirus

Ever since the outbreak of the novel coronavirus originating from China and the first known case of coronavirus in the United States on Jan 21, 2020, the United States government and health organizations issued guidelines and policies that would hinder and destroy the American economy in many ways. These guidelines, which includes mask mandates and social distancing rules, are socially conditioning the culture and behavior of Americans. Additionally, to truly enforce social distancing and hopefully diminish the spread of the disease, many state governors have decided to lockdown their states, meaning that businesses deemed ‘non essential’ are not allowed to open and provide service. Together, these policies and guidelines have ruined many businesses to bankruptcy such that many Americans are left unemployed and potentially destitute. Social problems, including suicide and divorce, have escalated because state governors, which the encouragement of the CDC, have locked down families. At the time the virus landed in the United States, there was not a lot known about the new disease. Now, a year later, there is much research and data.

It is essential to discontinue the lockdowns, remove capacity restrictions and allow businesses to continue operations. Now that the damage is done, many Americans are in need of assistance to pay their bills: the government should thus effectively provide direct financial support to improve the livelihood of Americans. The America First Caucus will work to make sure we do not overreact to a pandemic in this same way again.


Trade

Ever since the end of the Second World War, the sine qua non of being a conservative has been to support unrestricted international trade. The main intellectual justification of this has been The Theory of Comparative Advantage, which was first proposed by David Richardo over two centuries ago. One key flaw that has been overlooked by establishment Republicans and Democrats alike is that the theory assumes negligible movement of capital and labor across borders. The absence of such a condition today, combined with the shift in commercial priorities from productivity and innovation to cost cutting, has meant that free international trade simply serves to homogenize living standards around the world. It should hardly come as a surprise that the transfer of wealth to millions in the Western Pacific has resulted in millions being kicked out of the middle class in the North Atlantic.

Free trade accomplishes many of the same nefarious economic goals that mass immigration does. Essentially, it allows capital to search for markets with the lowest capital-to-labor ratios that will allow it in, which in turn allows this capital to exact higher returns by exploiting the relative excess of labor that exist in the third world, transforming these countries into essentially industrial plantations run by semi-slaves. At the same time, workers in capital-exporting countries such as America have less bargaining power because of the decrease in capital, which puts massive downward pressure on their wages and benefits, assuming they even manage to hold on to their jobs. Not only is this devastating to their standard of living, but the lack of meaningful work in the production of tangible goods serves to eviscerate any sense of dignity and worth these workers and their families had, resulting in the myriad of social ills we see in rural America today, such as the opioid epidemic.

There are also non-economic considerations that have been neglected in the debate on trade, namely the issue of national security. In such a globalized economic system, supply chains for even the most basic and essential goods are spread to the four corners of the globe. This only makes sense from a purely short-term monetary point of view. While this form of production might be profitable to specific firms in the short-run, it is an unmitigated disaster to the long-term interests of many countries, including our own. Any hiccup in the global supply chain can result in massive supply shocks around the world, a reality that was glaringly exposed during the COVID-19 pandemic lockdowns. The fact that any section of our food and medical supply chains are located in China, our greatest geopolitical adversary, would have been considered treasonous not too long ago.

Politicians on both sides of the aisle have outsourced America’s manufacturing for decades, offshoring jobs, deflating wages and destroying communities, particularly in rural America. Under these bad ‘free trade’ deals, other countries have also placed strict restrictions on U.S. exports entering their borders. The America First Caucus believes it is time to stop worshipping at the altar of idealized free trade, and actually deliver for American workers. We call for a new approach to trade that prioritizes American workers, treats U.S. exporters more fairly, imposes tariffs and import restrictions where necessary to protect our vital industries, and holds malevolent state actors—especially China—accountable for violating our trade laws on issues ranging from intellectual property left to forced technology transfers. Every new free trade agreement considered by Congress should be thoroughly assessed in order to ensure it benefits our country’s manufacturers and workers.

We also cannot forget that jobs are personal—they impact individuals and families in unique and specific ways. Pretending that rising GDP or faster access to higher-quality products is always better than meaningful work for American workers and their families is a betrayal of our values and demonstrates complete ignorance of long-term consequences.

Environment

Conservation of the nation we live in is an important aspect of American nationalism. Since the 1980s, climate change, formerly known as global warming, has become a hot button political issue. The America First Caucus supports conservation of the environment and our national lands for the benefit of our nation. Having said that, we should not cripple our country’s manufacturing sector through agreements such as the Paris Climate Accords. We oppose the globalist, vague, and irrelevant policies being pushed under the guise of combating climate change. If Americans want to conserve the environment, they should push for better waste management and other substantive remedies, not wasteful social justice programs like the Green New Deal.

Environmentalism also includes proper allocation of resources. Fishermen and hunters have legitimate, and culturally deep, ties to the land. Gold mines, copper mines and oil wells contribute to our modern lifestyle. All of these are to be balanced with preserving opportunities for hiking, camping and enjoying the visual beauty of our lands.
On federal lands where the impact on local farmers and ranchers would be minimal, rewilding initiatives, including megafauna reintroductions, should also be explored, creating new opportunities for business and tourism

Energy

While it is vital to preserve our environment, we should not use it as an impetus to destroy the energy industry that hires millions of hard-working Americans. Our elected officials should stand proudly with America’s struggling coal country against job-killing regulations, and welcome the ongoing shift towards clean coal. In addition, the construction of the Keystone XL and Dakota Access oil pipelines will promote North American energy independence and allow the United States to more easily extricate itself from the conflicts of the Middle East. Moreover, hydraulic fracking technology, when used appropriately, can provide more affordable oil and gas for Americans, and therefore any attempts to ban this practice on a national level should be resisted. The America First Caucus supports innovation in green energy, such as in the form of nuclear energy. However, it is important to closely scrutinize and reduce taxpayer subsidies for wasteful green energy projects that fail to deliver the required return on investment for the American people.

Protecting the Value of American Savings

Since the 1940s, the American dollar has been the global reserve currency, a position which has greatly benefitted the real American economy by strengthening the purchasing power of wages and savings. Unfortunately, the strength of America’s monetary position has been under attack for decades by Keynesian economists domestically, and by globalist institutions looking to enhance China’s position on the global stage. We must oppose international currency manipulation and its detrimental long-term impacts for the American economy and U.S. dollar. We must protect the rights of Americans to best position themselves for a changing economy by promoting the development of cryptocurrency companies domestically, and defend the rights of Americans to hold private stores of wealth – including gold, silver, and other blockchain-based currencies like Bitcoin.

America First Education

The 20th Century saw the decline in many vital American institutions. None has been more damaging to the United States than our education system. The increased consolidation of educational spending came with it the ability for powerful left-wing special interest groups to redirect the focus away from preparing future generations of national talent to progessive indoctrination and enrichment of an out-of-control elite oligarchy. Even worse, our education has worked to actively undermine pride in America’s great history and is actively hostile to the civic and cultural assimilation necessary for a strong nation. The future of America’s position in the world depends on addressing the crisis in education, at both the primary and secondary level.

The Chinese Communist Party

Not since the fall of the Soviet Union has America faced a civilizational challenge from another state actor quite like the modern Chinese Communist Party (CCP). While the liberalization of the Chinese government in the 90’s and early 2000s gave hope that the CCP was moving in the direction of being a peaceful and beneficial actor on the world stage, the Xi-era has been one defined by the dangerous resurrection of Neo-Maoist thinking.

Unfortunately, American corporations – following federal policies that have actively incentivized investment outside of the US – have chosen to place short-term financial interests at the expense of basic human decency. In doing so, we must confront a dangerous new reality where much of America’s soft power is actively siding with an increasingly hostile-global actor,
at the same time America’s military has been mismanaged into overextending itself in the sands of the Middle East.

We must also check against any globalist institutions that increasingly laud the authoritarian nature of the CCP as a model for future governance, and not a terrifying rejection of civilized society. Furthermore, we understand that the rise of China means that the United States must be prepared militarily and economically to compete with a peer-competitor.
admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Thu Apr 29, 2021 5:06 am

PA Republican Who Objected to Trump’s Election Loss Has Concluded That Fraud Was Committed… By Republicans
By Ken Meyer
MediaIte
Apr 22nd, 2021, 9:41 am

In an interesting twist, Pennsylvania House representative Seth Grove has admitted that Republicans were responsible for voter fraud in the state during the 2020 election.

Grove, who is also the chairman of the PA House State Government Committee, was among the Republicans who wanted Congress to reject the results from his state during the 2020 election. He conducted multiple hearings to question the state’s results in favor of Joe Biden, took part in events that revolved around election conspiracy theories, and spearheaded a letter that claimed administrative actions and legal rulings “undermined the lawful certification of Pennsylvania’s delegation to the Electoral College.”

The Pennsylvania Capital-Star interviewed Grove to ask him about the 10 hearings he conducted on the 2020 vote, plus his sponsorship of legislation to eliminate absentee ballots while proposing voter ID. When reporter Stephen Caruso pressed Grove on his objections to the election results — asking him point-blank “Was there election fraud in 2020?”

Here’s how that went:

Grove: Yes, there was. They have confirmed cases of election fraud.

Caruso: Who committed that fraud in Pennsylvania?

Grove: Right, Republicans. But it’s still election fraud. It doesn’t matter who [commits] it. We don’t want that fraud to occur. And to say there wasn’t any is a lie. Now, I will say there’s not like this mass amount of fraud, that’s going to shift hundreds of thousands of votes. But there was election fraud. We have had repeated, repeated election fraud in this commonwealth for decades.

Caruso: This is not the message that, particularly Republican politicians, were giving to their constituents-

Grove: Some. Not all.


Grove was further pressed on why he didn’t call out the lies that shrouded the 2020 election, and his response to that was “I can’t help people believe everything on the Internet.”

“There are a lot of bad accusations out there. We did our due diligence to try to address them when members had questions,” he continued. “People are going to believe what they believe. The other reason for doing the hearings, you know, we looked at the actual election law, the actual administration [of the] election. And you can hear by the stakeholders testimony or public statements, there was a lot of appreciation for how we did it.”
admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri May 14, 2021 3:07 am

A New Study Shows Us the Single Biggest Motivation for the Jan. 6 Rioters [Theory of the Great Replacement]
Amanpour and Company
May 6, 2021

A new study on the January 6 Capitol insurrection finds that of the nearly 400 rioters arrested or charged, 93% are white and 86% are male. Michel Martin speaks to the study’s principal investigator, Professor Robert Pape, to discuss these findings and some surprising revelations about the attackers and their motives.

admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri May 14, 2021 6:07 am

Anti-Trump Republicans Threaten to Form a Third Party
The Mehdi Hasan Show
May 13, 2021

Alarmed by the GOP’s current path after the ouster of Liz Cheney for daring to speak out against Trump, more than 100 Republicans threatened to create a 3rd party in a push against GOP extremism. Former Republican National Committee Chair Michael Steele says GOP leadership needs to forget about Donald Trump and focus on unifying the party’s platform. Founder and executive director of Republican Women for Progress Meghan Milloy says this potential new party could provide an opportunity for people who feel like they’ve been forgotten by both Democrats and Republicans.

admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Sat May 15, 2021 11:17 am

2 Trump Stories: Tells Sec Def "Protect My Supporters"; Will DeSantis Block Trump's NY Extradition?
by Glenn Kirschner
May 13, 2021

In two newly reported stories involving former President Donald Trump there are shades of future criminal charges. First, Trump's short-lived acting Secretary of Defense testifies to Congress that Trump told him to have the troops protect his supporters on January 6, rather than protect the people in the US Capitol. In a second story, Florida officials are planning for the eventuality that Donald Trump may be indicted by New York State District Attorney Cy Vance while Trump is in Florida, raising the prospect of Trump being extradited (removed) from Florida to face charges in New York. An unusual Florida law give staunch Trump supporter Governor Ron DeSantis some leeway to intervene in the extradition matter.

This video discusses what this all means.



****************************

Trump wanted troops to protect his supporters at Jan. 6 rally
Jan Wolfe
Reuters
May 12, 2021
5:19 PM PDT

President Donald Trump wanted National Guard troops in Washington to protect his supporters at a Jan. 6 rally that ended with them attacking the U.S. Capitol, leaving five dead, Trump's former Pentagon chief testified on Wednesday.

Former Acting Defense Secretary Christopher Miller told a House of Representatives panel that he spoke with Trump on Jan. 3, three days before the now-former president's fiery speech that preceded the violence and led to his second impeachment.

According to Miller's testimony, Trump asked during that meeting whether the District of Columbia's mayor had requested National Guard troops for Jan. 6, the day Congress was to ratify Joe Biden's presidential election victory.

Trump told Miller to "fill" the request, the former defense secretary testified. Miller said Trump told him: "Do whatever is necessary to protect demonstrators that were executing their constitutionally protected rights."


Miller made the remarks during a contentious hearing held by the House Oversight Committee, which is investigating security failures in the days leading to and during the riot.

Representative Carolyn Maloney, the Democrat who chairs the committee, demanded answers from Miller on why National Guard troops did not arrive until hours after the building was overrun.

Miller testified that the U.S. military was deliberately restrained that day when Trump's rally turned into an assault by hundreds of his followers that left five dead, including a Capitol Police officer.

Miller testified that he was concerned in the days before Jan. 6 that sending National Guard troops to Washington would fan fears of a military coup or that Trump advisers were advocating martial law.
admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Tue Jun 01, 2021 3:21 am

New Oath Keepers Conspiracy Indictment Proves Republicans Wrong that there was "No Insurrection"
by Glenn Kirschner
May 31, 2021

The American people were taken aback when Representative Andrew Clyde boldly announced that "anyone calling what happened at the US Capitol on January 6 is "a bold-faced liar." He also told us that the folks in the Capital that day were behaving "in an orderly fashion" and acting like normal "tourists."

In a new conspiracy indictment the prosecutors reveal that the defendants who planed and executed the attack on the Capitol themselves called it "an insurrections. Rep. Clyde would issue a retraction to the American people, as it appears he is the one who offered bad-faced lies.



***********************

Republican loyal to Trump claims Capitol riot looked more like 'normal tourist visit'
The comments by Rep. Andrew Clyde, R-Ga., during a House Oversight Committee marked the latest attempt by some Republicans to revise the narrative around the deadly Capitol riot.

by Adam Edelman and Garrett Haake
NBC News
May 12, 2021, 1:56 PM PDT

Image
Police clash with supporters of President Donald Trump who breached security and entered the Capitol building on Jan. 6, 2021.Mostafa Bassim / Anadolu Agency via Getty Images file

Multiple Republican members of Congress on Wednesday offered a false retelling of the devastating events that occurred during the Capitol riot, with one calling the entire event a “bold faced lie” that more closely resembled a “normal tourist visit” than a deadly attack.

During a House Oversight Committee hearing on the Jan. 6 riot, Rep. Andrew Clyde, R-Ga., said the House floor was not breached and that the supporters of former President Donald Trump who stormed the Capitol behaved “in an orderly fashion.”


The comments by Clyde and others on Wednesday marked the latest attempt by some Republicans to revise the narrative of what occurred and came just hours after House GOP members voted to strip Rep. Liz Cheney, R-Wyo., of her leadership position after she repeatedly criticized Trump over his lies that the 2020 election was stolen from him.

“As one of the members who stayed in the Capitol, and on the House floor, who with other Republican colleagues helped barricade the door until almost 3 p.m. from the mob who tried to enter, I can tell you the House floor was never breached and it was not an insurrection. This is the truth,” Clyde claimed.

Image
Police with guns drawn watch as protesters try to break into the House Chamber on Jan. 6, 2021.J. Scott Applewhite / AP file

Image
Protesters enter the Senate Chamber on Jan. 6, 2021.Win McNamee / Getty Images file

While pro-Trump rioters came close to breaching the House floor they never did so. But they did make it onto the Senate floor.

“There was an undisciplined mob. There were some rioters, and some who committed acts of vandalism. But let me be clear, there was no insurrection and to call it an insurrection in my opinion, is a bold faced lie. Watching the TV footage of those who entered the Capitol, and walk through Statuary Hall showed people in an orderly fashion staying between the stanchions and ropes taking videos and pictures, you know,” he continued.

“If you didn't know that TV footage was a video from January the sixth, you would actually think it was a normal tourist visit,” Clyde said.


Image
Rep. Andrew Clyde, R-Ga., walks down the House steps after the last vote of the week in the Capitol on April 16, 2021.Bill Clark / CQ-Roll Call via Getty Images file

Clyde’s account gravely contradicts the events of the day, which were captured on television and on smartphone videos from inside the Capitol.

More than 440 people have been charged so far with participating in the attack. Many have ties to right-wing extremist groups, the FBI has said. Five people died in events related to the attack.

Prosecutors have said some of the hundreds of Trump supporters who stormed the Capitol were prepared for battle, wearing helmets and tactical gear. Several were seen on video or in photos carrying baseball bats and other weapons. The riot left the halls of Congress with broken windows, vandalized walls and ransacked offices.


Meanwhile, other Republicans during the hearing Wednesday falsely painted the riot as an event that saw Trump supporters needlessly harassed by law enforcement authorities.

Image
Trump supporters clash with police and security forces as people try to storm the Capitol on Jan. 6, 2021.Brent Stirton / Getty Images file

Image
Supporters of President Donald Trump protest inside the Capitol on Jan. 6, 2021.Roberto Schmidt / AFP - Getty Images file

“It was Trump supporters who lost their lives that day, not Trump supporters who were taking the lives of others,” Rep. Jody Hice, R-Ga., said.

Rep. Paul Gosar, R-Ariz., claimed that law enforcement officials were “harassing peaceful patriots.”


Democrats frequently hit back against those false claims.

“I find it hard to believe the revisionist history that’s being offered by my colleagues on the other side,” said Rep. Stephen Lynch, D-Mass.

At another point during the hearing, former acting Defense Secretary Christopher Miller clashed with Democrats on the committee, who accused him of being “AWOL” during the riots.

“You were AWOL, Mr. Secretary,” Rep. Raja Krishnamoorthi, D-Ill., said, prompting Miller to reply, “That’s completely inaccurate.”

Miller backtracked from comments he'd made earlier in the year — and that he'd included in the prepared text of his opening statement — concluding that Trump's remarks on Jan. 6 had encouraged the protesters to storm the Capitol.

In his prepared opening statement, Miller wrote “I personally believe his comments encouraged the protestors that day.“ Miller, however, ended up omitting that line when he spoke.

When Lynch asked Miller about the omission, Miller said he’d “reassessed” his earlier conclusion that Trump had encouraged the protesters.

“I think now I would say that is not the unitary factor at all," he added. “It seems clear there was an organized assault element in place that was going to assault regardless of what the president said."


105. At 1:25 p.m., PERSON ONE messaged the Leadership Signal Chat, "Pence is doing nothing. As I predicted." About 15 minutes later, he sent another message, stating, "All I see Trump doing is complaining. I see no intent by him to do anything. So the patriots are taking it into their own hands. They've had enough."

-- Fourth Superseding Indictment: U.S.A. v. Thomas Caldwell, et al., Case No. 21-cr-28-APM, by Channing D. Phillips, Acting Attorney for the U.S. in and For the District of Columbia


Lynch accused Miller of changing his story, prompting Miller to say, “That’s ridiculous.”

“You’re ridiculous,” Lynch replied.
admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Tue Jun 01, 2021 4:39 am

Part 1 of 2

Fourth Superseding Indictment: U.S.A. v. Thomas Caldwell, et al.
Case No. 21-cr-28-APM
by Channing D. Phillips, Acting Attorney for the U.S. in and For the District of Columbia
May 30, 2021

-- ‘A Total Failure’: The Proud Boys Now Mock Trump: Members of the far-right group, who were among Donald Trump’s staunchest fans, are calling him “weak” as more of them were charged for storming the U.S. Capitol, by Sheera Frenkel and Alan Feuer

-- Facebook's fight club: how the Proud Boys use the social media platform to vet their fighters: Want to join the far-right group the Proud Boys? Simply apply to your nearest regional vetting page on the world’s largest social network, Facebook, by Southern Poverty Law Center

-- Fight Club at 20: A vision of Trump’s United States: David Fincher’s film, starring Brad Pitt and Edward Norton, was eerily prescient, by Scott Tobias

-- New "Fight Club" Ready for Street Violence: A new fight club “fraternity” of young white, pro-Trump men is being formed, its organizers claim, to defend free-speech rights by “Alt-Right” leaders and engage in street fighting, by Bill Morlin

-- Proud Boys Call For Disguises, Violence At Biden Inauguration, by Michael Stone

-- Proud Boys leader ordered to stay away from D.C. after arrest, by Clare Hymes, Caroline Linton

Image

-- Proud Boys Leader Secretly Cooperated With F.B.I. and Police: Enrique Tarrio, the chairman of the far-right nationalist group, which is under increasing scrutiny for its role in the Capitol riot, helped to convict more than a dozen people, by Alan Feuer


-- This "Oath Keeper" Says She Met with Secret Service BEFORE The Capitol Riot, by Ana Kasparian, Cenk Uygur


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Holding a Criminal Term
Grand Jury Sworn in on January 8, 2021

UNITED STATES OF AMERICA
v.
THOMAS CALDWELL, (Counts 1,2,4,9)
DONOVAN CROWL, (Counts 1,2,3,4,6)
JESSICA WATKINS, (Counts 1, 2, 3, 4, 6)
SANDRA PARKER, (Counts 1,2,3,4,6)
BENNIE PARKER, (Counts I, 2, 4)
GRAYDON YOUNG, (Counts 1,2,3,4,6, 10)
LAURA STEELE, (Counts 1,2,3,4)
KELLY MEGGS, (Counts 1,2,3,4, II)
CONNIE MEGGS, (Counts I, 2, 3, 4)
KENNETH HARRELSON, (Counts 1,2,3,4,12)
ROBERTO MINUTA, (Counts 1, 2,4)
JOSHUA JAMES, (Counts 1,2,4,7,8,13)
JOSEPH HACKETT, (Counts 1, 2, 3, 4)
JASON DOLAN, and (Counts 1, 2, 3, 4)
WILLIAM ISAACS, (Counts 1, 2, 3, 4, 5, 6)

Defendants.

CRIMINAL NO. 21-cr-28-APM

VIOLATIONS:

18 U.S.C. § 371 (Conspiracy)
18 U.S.C. §§ ISI2(c)(2), 2 (Obstruction of an Official Proceeding and Aiding and Abetting)
18 U.S.C. §§ 1361, 2 (Destruction of Government Property and Aiding and Abetting)
18 U.S.C. § I752(a)(1) (Entering and Remaining in a Restricted Building or Grounds)
18 U.S.C. §§ 231 (a)(3), 2 (Civil Disorder and Aiding and Abetting)
19 U.S.C. § 111(a)(1), 2 (Assaulting, Resisting, or Impeding Certain Officers and Aiding and Abetting)
18 U.S.C. § 1512(c)(1) (Tampering with Documents or Proceedings)

FOURTH SUPERSEDING INDICTMENT

The Grand Jury charges that, at all times material to this Indictment, on or about the dates and times stated below:

Introduction

The 2020 United States Presidential Election and the Official Proceeding on January 6, 2021

1. The 2020 United States Presidential Election occurred on November 3, 2020.

2. The United States Electoral College ("Electoral College") is a group required by the Constitution to form every four years for the sole purpose of electing the president and vice president, with each state appointing its own electors in a number equal to the size of that state's Congressional delegation.

3. On December 14, 2020, the presidential electors of the Electoral College met in the state capital of each state and in the District of Columbia and formalized the result of the 2020 U.S. Presidential Election: Joseph R. Biden Jr. and Kamala D. Harris were declared to have won sufficient votes to be elected the next president and vice president of the United States.

4. On January 6, 2021, a Joint Session of the United States House of Representatives and the United States Senate (“the Joint Session”) convened in the United States Capitol (“the Capitol”) building. The purpose of the Joint Session was to open, count, and resolve any objections to the Electoral College vote of the 2020 U.S. Presidential Election, and to certify the results of the Electoral College vote (“Certification of the Electoral College vote”) as set out in the Twelfth Amendment of the Constitution of the United States and 3 U.S.C. §§ 15-18.

The Attack at the U.S. Capitol on January 6, 2021

5. The Capitol is secured 24 hours a day by United States Capitol Police (“Capitol Police”). The Capitol Police maintain permanent and temporary barriers to restrict access to the Capitol exterior, and only authorized individuals with appropriate identification are allowed inside the Capitol building.

6. On January 6, 2021, at approximately 1:00 p.m., the Joint Session convened in the Capitol building for the Certification of the Electoral College vote. Vice President Michael R. Pence, in his constitutional duty as President of the Senate, presided over the Joint Session.

7. A large crowd began to gather outside the Capitol perimeter as the Joint Session got underway. Crowd members eventually forced their way through, up, and over Capitol Police barricades and advanced to the building’s exterior façade. Capitol Police officers attempted to maintain order and stop the crowd from entering the Capitol building, to which the doors and windows were locked or otherwise secured. Nonetheless, shortly after 2:00 p.m., crowd members forced entry into the Capitol building by breaking windows, ramming open doors, and assaulting Capitol Police officers. Other crowd members encouraged and otherwise assisted the forced entry. The crowd was not lawfully authorized to enter or remain inside the Capitol, and no crowd member submitted to security screenings or weapons checks by Capitol Police or other security officials.

8. Shortly thereafter, at approximately 2:20 p.m., members of the House and Senate (including Vice President Pence)—who had withdrawn to separate chambers to resolve an objection—were evacuated from their respective chambers. The Joint Session was halted while Capitol Police and other law-enforcement officers worked to restore order and clear the Capitol of the unlawful occupants.

9. Later that night, law enforcement regained control of the Capitol. At approximately 8:00 p.m., the Joint Session reconvened, presided over by Vice President Pence, who had remained hidden within the Capitol building throughout these events.

10. In the course of these events, over 100 members of law enforcement were assaulted. The Capitol suffered millions of dollars in damage—including broken windows and doors, graffiti, and residue from pepper spray, tear gas, and fire extinguishers deployed both by crowd members who stormed the Capitol and by Capitol Police officers trying to restore order. Additionally, many media members were assaulted and had cameras and other news-gathering equipment destroyed.

The Oath Keepers Militia

11. Members and affiliates of an organization known as the Oath Keepers were among the individuals and groups who forcibly entered the Capitol on January 6, 2021. The Oath Keepers are a large but loosely organized collection of individuals, some of whom are associated with militias. Some members of the Oath Keepers believe that the federal government has been coopted by a cabal of elites actively trying to strip American citizens of their rights. Though the Oath Keepers will accept anyone as members, they explicitly focus on recruiting current and former military, law enforcement, and first-responder personnel. The organization’s name alludes to the oath sworn by members of the military and police to defend the Constitution “from all enemies, foreign and domestic.” The Oath Keepers are led by PERSON ONE.

12. On January 4, 2021, PERSON ONE posted an article to the Oath Keepers website encouraging Oath Keeper members and affiliates to go to Washington, D.C., for the events of January 5-6, 2021, stating: “It is CRITICAL that all patriots who can be in DC get to DC to stand tall in support of President Trump’s fight to defeat the enemies foreign and domestic who are attempting a coup, through the massive vote fraud and related attacks on our Republic. We Oath Keepers are both honor-bound and eager to be there in strength to do our part.”

13. In his January 4 post, PERSON ONE also observed: “As we have done on all recent DC Ops, we will also have well armed and equipped QRF1 [quick reaction force] teams on standby, outside DC, in the event of a worst case scenario, where the President calls us up as part of the militia to to assist him inside DC. We don’t expect a need for him to call on us for that at this time, but we stand ready if he does (and we also stand ready to answer the call to serve as militia anytime in the future, and anywhere in our nation, if he does invoke the Insurrection Act).”


An Act authorizing the employment of the land and naval forces of the United States, in cases of insurrections.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect.

APPROVED, March 3, 1807.


14. PERSON ONE named PERSON TEN to be the leader of his group’s operations in Washington, D.C., on January 6, 2021.

Conspirators

15. THOMAS CALDWELL was a 65-year-old resident of Berryville, Virginia.2 CALDWELL used the monikers “CAG,” “Spy,” and “CAG Spy.”

16. DONOVAN CROWL was a 50-year-old resident of Woodstock, Ohio.

17. JESSICA WATKINS was a 38-year-old resident of Woodstock, Ohio.

18. SANDRA PARKER was a 60-year-old resident of Morrow, Ohio, and the wife of BENNIE PARKER.

19. BENNIE PARKER was a 70-year-old resident of Morrow, Ohio, and the husband of SANDRA PARKER.

20. GRAYDON YOUNG was a 54-year-old resident of Englewood, Florida, and the brother of LAURA STEELE. YOUNG used the moniker “GenXPatriot.”

21. LAURA STEELE was a 52-year-old resident of Thomasville, North Carolina, and the sister of YOUNG.

22. KELLY MEGGS was a 52-year-old resident of Dunnellon, Florida, and the husband of CONNIE MEGGS. KELLY MEGGS used the moniker “Gator 1” or “OK Gator 1.”

23. CONNIE MEGGS was a 59-year-old resident of Dunnellon, Florida, and the wife of KELLY MEGGS.

24. KENNETH HARRELSON was a 40-year-old resident of Titusville, Florida. HARRELSON used the moniker “Gator 6.”

25. ROBERTO MINUTA was a 36-year-old resident of Prosper, Texas.

26. JOSHUA JAMES was a 33-year-old resident of Arab, Alabama. JAMES used the moniker “Hydro.”

27. [DELETE]

28. JOSEPH HACKETT was a 50-year-old resident of Sarasota, Florida. HACKETT used the moniker “Ahab.”

29. JASON DOLAN was a 44-year-old resident of Wellington, Florida. DOLAN used the moniker “Turmoil.”

30. WILLIAM ISAACS was a 21-year-old resident of Kissimmee, Florida.

COUNT ONE
(Conspiracy—18 U.S.C. § 371)


31. The introductory allegations set forth in paragraphs 1 through 30 are re-alleged and incorporated by reference as though set forth herein.

The Conspiracy

32. From at least as early as November 3, 2020, through January 6, 2021, in the District of Columbia and elsewhere, the defendants,

THOMAS CALDWELL,
DONOVAN CROWL,
JESSICA WATKINS,
SANDRA PARKER,
BENNIE PARKER,
GRAYDON YOUNG,
LAURA STEELE,
KELLY MEGGS,
CONNIE MEGGS,
KENNETH HARRELSON,
ROBERTO MINUTA,
JOSHUA JAMES,
[DELETE]
JOSEPH HACKETT,
JASON DOLAN, and
WILLIAM ISAACS,

did knowingly combine, conspire, confederate, and agree with each other and others known and unknown, to commit an offense against the United States, namely, to corruptly obstruct, influence, and impede an official proceeding, that is, the Certification of the Electoral College vote, in violation of Title 18, United States Code, Section 1512(c)(2).

Purpose of the Conspiracy

33. The purpose of the conspiracy was to stop, delay, and hinder the Certification of the Electoral College vote.

Manner and Means

34. CALDWELL, CROWL, WATKINS, SANDRA PARKER, BENNIE PARKER, YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HARRELSON, MINUTA, JAMES, [DELETE], HACKETT, DOLAN, and ISAACS, with others known and unknown, carried out the conspiracy through the following manner and means, among others, by:

a. Agreeing to participate in and planning an operation to interfere with the Certification of the Electoral College vote on January 6, 2021 (the “January 6 operation”);

b. Attending or scheduling trainings to teach and learn paramilitary combat tactics in advance of the January 6 operation;

c. Using websites, social media, text messaging, and messaging applications to recruit other individuals to travel to Washington, D.C., to support the January 6 operation;

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

e. Traveling to Washington, D.C., for the January 6 operation;

f. Bringing and contributing paramilitary gear and supplies—including firearms, camouflaged combat uniforms, tactical vests with plates, helmets, eye protection, and radio equipment—for the January 6 operation;

g. Donning clothes with the Oath Keepers insignia for the January 6 operation;

h. Changing into paramilitary gear—including helmets—before participating in the January 6 operation;

i. Moving together in a military “stack” formation while utilizing hand signals to maintain communication and coordination while advancing toward the Capitol as part of the January 6 operation;

j. Forcibly storming past exterior barricades, Capitol Police, and other law enforcement officers, and entering the Capitol in executing the January 6 operation; and

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


Overt Acts
Planning for January 6, 2021


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

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

37. On November 9, 2020, WATKINS asked a recruit if he could “download an App called Zello” and stated, “We all use Zello though for operations.”

38. On November 17, 2020, when a recruit asked WATKINS for her predictions for 2021, WATKINS replied, among other statements:

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


and:

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


39. On November 23, 2020, CALDWELL sent a text message to WATKINS stating:

Hi, CAP! Wanted to tell you it was great to have you here in Virginia. Don’t know what [PERSON ONE] is cooking up but I am hearing rumblings of another Maga March 12 December.6 I don’t know what will happen but like you I am very worried about the future of our country. Once lawyers get involved all of us normal people get screwed. I believe we will have to get violent to stop this, especially the antifa maggots who are sure to come out en masse even if we get the Prez for 4 more years. Stay sharp and we will meet again. You are my kinda person and we may have to fight next time. I have my own gear, I like to be ON TIME and go where the enemy is, especially after dark. Keep the faith! Spy.


40. On December 3, 2020, YOUNG emailed the Florida chapter of the Oath Keepers a membership application and wrote, “looking to get involved in helping….”

41. On December 19, 2020, HACKETT sent an email to YOUNG with a subject line “test.” The body of the email stated: “I believe we only need to do this when important info is at hand like locations, identities, Ops planning.” The email had a photo attached; the photo showed cursive handwriting on a lined notepad that stated: “Secure Comms Test. Good talk tonight guys! Rally Point in Northern Port Charlotte at Grays if transportation is possible. All proton mails.7 May consider an RP8 that won’t burn anyone. Comms – work in progress. Messages in cursive to eliminate digital reads. Plans for recruitment and meetings.”

42. On December 19, 2020, YOUNG wrote to a Facebook group: “Please check out Oath Keepers as a means to get more involved. Recruiting is under way. DM me if you want more info.”

43. On December 22, 2020, YOUNG made plans to fly from Florida to North Carolina on January 4, 2021, with a return trip on January 8, 2021.

44. On December 22, 2020, KELLY MEGGS wrote a series of messages on Facebook to another individual that read in part:

a. “Trump said It’s gonna be wild!!!!!!! It’s gonna be wild!!!!!!! He wants us to make it WILD that’s what he’s saying. He called us all to the Capitol and wants us to make it wild!!! Sir Yes Sir!!! Gentlemen we are heading to DC pack your shit!!”

b. “Nice, we will have at least 50-100 OK9 there.”

45. On December 25, 2020, KELLY MEGGS wrote a message on Facebook that said in relevant part: “I was named State lead of Florida today.”

46. On December 25, 2020, KELLY MEGGS wrote a message on Facebook that said in relevant part: “We are all staying in DC near the Capitol we are at the Hilton garden inn but I think it’s full. Dc is no guns. So mace and gas masks, some batons. If you have armor that’s good.”

47. On December 26, 2020, YOUNG wrote an email to a Florida company that conducts training on firearms and combat. YOUNG wrote, in part, “I trained with you not long ago. Since then I have joined Oath Keepers. I recommended your training to the team. To that effect, four of us would like to train with you, specifically in your UTM10 rifle class.”

48. On December 26 and 27, 2020, WATKINS and BENNIE PARKER exchanged text messages relating to preparations for the trip to Washington, D.C., on January 6, 2021. BENNIE PARKER also texted WATKINS, “I may have to see what it takes to join your militia, ours is about gone.”

49. On December 29, 2020, WATKINS sent text messages to CROWL sharing her plans to go to Washington, D.C., for the events of January 6, 2021.

50. On December 29 and 30, 2020, WATKINS and BENNIE PARKER exchanged text messages in which they discussed Oath Keeper membership and meeting in advance to prepare for the trip to Washington, D.C., on January 6, 2021.

51. On December 30, 2020, CALDWELL wrote in a Facebook post: “THIS IS OUR CALL TO ACTION, FREINDS! SEE YOU ON THE 6TH IN WASHINGTON, D.C. ALONG WITH 2 MILLION OTHER LIKE-MINDED PATRIOTS.”

52. On December 30, 2020, WATKINS and CALDWELL exchanged the following text messages:

WATKINS: Looks like we are greenlight to come to DC on the 6th. The Rally Point still at your place?

CALDWELL: Not that I am aware. Have been contacted by NO ONE. Typical [PERSON ONE]. Here’s the rub: [PERSON TWO] and I will be in a hotel within striking distance of the city starting on the 4th so we won’t even BE here. There will be some stuff going on during the 5th and we want to be a part of that whenever it shakes out. Also we want to be in D.C. very early on the 6th, hence closer/virtually no commute time.

WATKINS: We planned on arriving on the 5th. We want to be in DC by 9am on the 6th. I will reach out to [PERSON THREE], and see if NC boys are coming. If [PERSON ONE] isn’t making plans, I’ll take charge myself, and get the ball rolling. I think the Metro is smarter than convoy/parking issues. Do you want us to stage ourselves vehicles elsewhere, seeing how you’re going to be gone? We can go to a KOA Campground or something...

CALDWELL (about two hours later): Talked to [PERSON THREE]. At least one full bus 40+ people coming from N.C. Another group (unclear if Mississippi guys) also a bus. Busses have their own lane on the 14th street bridge so they will be able to get in and out. [PERSON THREE] is driving plus 1 and arriving nite before. As we speak he is trying to book a room at Comfort Inn Ballston/Arlington because of its close-in location and easy access to downtown because he feels 1) he’s too broken down to be on the ground all day and 2) he is committed to being the quick reaction force anf bringing the tools if something goes to hell. That way the boys don’t have to try to schlep weps on the bus. He’ll bring them in his truck day before. Just got a text from him he WAS able to book a room in that hotel I recommended which is on Glebe Road in Arlington. However it goes it will be great to see you again! I sure hope your arm is getting better!


53. On December 31, 2020, CALDWELL replied to a Facebook comment, writing, “It begins for real Jan 5 and 6 on Washington D.C. when we mobilize in the streets. Let them try to certify some crud on capitol hill with a million or more patriots in the streets. This kettle is set to boil…”

54. On December 31, 2020, when invited to a “leadership only” conference call on Signal for the “DC op,” WATKINS said she would try to make it if her work obligations permitted.

55. At least as early as December 31, 2020, WATKINS, KELLY MEGGS, JAMES, MINUTA, PERSON ONE, PERSON THREE, PERSON TEN, and others known and unknown joined an invitation-only encrypted Signal group message titled “DC OP: Jan 6 21” (hereinafter the “Leadership Signal Chat”).

56. On December 31, 2020, KELLY MEGGS wrote a series of messages to another person on Facebook that said, “You guys Gonna carry?” and “Ok we aren’t either, we have a heavy QRF 10 Min out though.”

57. On December 31, 2020, another individual contacted JAMES via Signal and stated: “i have friends not far from DC with a lot of weapons and ammo if you get un trouble i ca. Coordinate help.” JAMES responded, “That might be helpful, but we have a shitload of QRF on standby with an arsenal.”

58. On December 31, 2020, KELLY MEGGS and JAMES attended a 4-participant GoToMeeting titled “SE leaders dc 1/6/21 op call.” KELLY MEGGS was the organizer of the meeting.

59. On December 31, 2020, KELLY MEGGS and HARRELSON attended a GoToMeeting titled “florida dc op planning chat.” HARRELSON was the organizer of the meeting, which had about 15 participants.

60. On December 31, 2020, JAMES messaged PERSON NINETEEN and asked, “Do we have a farm location for weapons?” PERSON NINETEEN responded, “Not that I am aware of yet. If nothing else, my hotel is in VA and has secured underground parking. About 15-20 minutes outside DC, less if you really don’t care about speed limits… would be great if we had someone with an enclosed truck type vehicle and had a quick response unit just outside the city.” JAMES replied, “I agree.”

61. On January 1, 2021, PERSON FOURTEEN messaged JAMES on Signal and asked, “Hey we told to bring guns and maybe stage them in VA?? But you are showing hotels in DC for Alabama. Are we bring guns or no if so how will that work?” JAMES responded, “Were working on a Farm location Some are bringing long rifles some sidearms… I’m bringing sidearm.”

62. On January 1, 2021, CALDWELL replied to a Facebook comment, writing, “I accept that assignment! I swore to support and defend the Constitution of the United States against all enemies foreign and domestic. I did the former, I have done the latter peacefully but they have morphed into pure evil even blatantly rigging an election and paying off the political caste. We must smite them now and drive them down.”

63. On January 1, 2021, CROWL sent CALDWELL a Facebook message stating, “Happy New year, to you Sir!! Guess I’ll be seeing you soon. Will probably call you tomorrow…mainly because…I like to know wtf plan is. You are the man Commander.”

64. On January 1, 2021, CALDWELL wrote to CROWL, “Check with Cap. I recommended the following hotel to her which STILL has rooms (unbelieveble).” CALDWELL then sent a link to the Comfort Inn Ballston, the same hotel that he recommended to others on January 1. CALDWELL continued, “[PERSON TWO] and I are setting up shop there. [PERSON THREE] has a room and is bringing someone. He will be the quick reaction force. Its going to be cold. We need a place to spend the night before minimum. [PERSON ONE] never contacted me so [PERSON TWO] and I are going our way. I will probably do pre-strike on the 5th though there are things going on that day. Maybe can do some night hunting. Oathkeeper friends from North Carolina are taking commercial buses up early in the morning on the 6th and back same night. [PERSON THREE] will have the goodies in case things go bad and we need to get heavy.”

65. On January 1, 2021, CROWL and WATKINS made plans to travel by car to Washington, D.C., to attend the events of January 5-6, 2021.

66. Beginning on January 1, and continuing into January 2, 2021, CALDWELL and CROWL exchanged messages about the hotel where they planned to stay in Arlington, Virginia, and CALDWELL told CROWL: “This is a good location and would allow us to hunt at night if we wanted to. I don’t know if [PERSON ONE] has even gotten out his call to arms but its a little friggin late. This is one we are doing on our own. We will link up with the north carolina crew.”

67. On January 2, 2021, PERSON FIFTEEN messaged JAMES on Signal and asked, “So, I guess I am taking full gear less weapons? Just reading through all the posts. Would rather have it and not need it.” JAMES responded, “Yeah full gear... QRF will have weapons Just leave em home.”

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

69. On January 3, 2021, STEELE emailed the Florida chapter of the Oath Keepers a membership application and wrote, “My brother, Graydon Young told me to submit my application this route to expedite the process.” Later in the day, STEELE emailed KELLY MEGGS and wrote, “My brother, Graydon Young told me to send the application to you so I can be verified for the Events this coming Tuesday and Wednesday.” The following day, STEELE sent an email to an Oath Keepers address, copying both YOUNG and KELLY MEGGS, attaching her Florida Oath Keepers membership application and vetting form, and writing, “I was just requested to send my documents to this email.”
admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Tue Jun 01, 2021 5:06 am

Part 2 of 2

70. On January 3, 2021, WATKINS sent CROWL a Facebook message stating, “Running a bit behind. I’ll txt when I’m back at the bar. Getting supplies for DC.”

71. On January 3, 2021, WATKINS and BENNIE PARKER discussed the uniforms, gear, and weapons they would wear and bring on January 6, 2021:

WATKINS to BENNIE PARKER: We are not bringing firearms. QRF will be our Law Enforcement members of Oathkeepers.

BENNIE PARKER to WATKINS: Good to know.

WATKINS to BENNIE PARKER: Pack Khaki/Tan pants. Weapons are ok now as well. Sorry for the confusion. We are packing the car and heading your way shortly

BENNIE PARKER to WATKINS: We don’t have any khakis We have jeans and our b d u’s11 So I can bring my gun?


72. On January 3, 2021, KELLY MEGGS and HARRELSON served as two of the three “organizers” of an 18-participant GoToMeeting titled “dc planning call.”

73. At least as early as January 3, 2021, WATKINS, KELLY MEGGS, YOUNG, HARRELSON, HACKETT, DOLAN, ISAACS, and others known and unknown joined an invitation-only encrypted Signal group message titled “OK FL DC OP Jan 6” (hereinafter the “Florida Signal Chat”).

74. On January 3, 2021, KELLY MEGGS added HARRELSON to the Leadership Signal Chat, and wrote that HARRELSON would serve as the “Ground Team lead in Florida.”

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

76. [DELETE (6 LINES)]

77. [DELETE (3 LINES)]

Travel to Washington, D.C., for the January 6 Operation

78. On January 4, 2021, KELLY MEGGS wrote in the Florida Signal Chat, “Rally 3 pm if possible and need location DM but only those who will caravan.”

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

80. On January 4, 2021, YOUNG took a flight from Sarasota, Florida, to Greensboro, North Carolina.

81. On January 4, 2021, CROWL, WATKINS, SANDRA PARKER, and BENNIE PARKER departed Ohio together and traveled to Northern Virginia, where they spent the night.

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

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

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

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

86. On January 5, 2021, YOUNG and STEELE departed North Carolina with others known and unknown and traveled to the Washington D.C., metropolitan area and checked into the Holiday Inn in Springfield, Virginia.

87. CALDWELL paid for a room for two people at the Comfort Inn Ballston from January 5-7, 2021.

88. WATKINS paid for a room for two people at the Comfort Inn Ballston—the hotel recommended by CALDWELL—from January 5-7, 2021, and reserved it under the name “Jessica Wagkins.”

89. SANDRA PARKER paid for a room for two people at the Comfort Inn Ballston from January 5-7, 2021.

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

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

92. YOUNG paid for a room for two people at the Holiday Inn in Springfield, Virginia, from January 5-6, 2021.

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

94. DOLAN booked and paid for a room at the Hilton Garden Inn in Washington, D.C., from January 5-7, 2021.

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

96. [DELETE (1-1/2 LINES)]

The January 6 Operation

97. On the morning of January 6, 2021, YOUNG and STEELE traveled together from Springfield, Virginia, to Washington, D.C.

98. On the morning of January 6, 2021, CROWL, WATKINS, CALDWELL, SANDRA PARKER, and BENNIE PARKER, traveled from Arlington, Virginia, to Washington, D.C.

99. [DELETE (4 LINES)]

100. At 11:21 a.m., PERSON ONE placed a phone call to KELLY MEGGS, which lasted 51 seconds.

101. At or around this time, CROWL, WATKINS, SANDRA PARKER, BENNIE PARKER, YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, and HACKETT prepared themselves for battle before heading to the Capitol by equipping themselves with communication devices and donning reinforced vests, helmets, and goggles.

102. [DELETE (5 LINES)

103. At 12:58 p.m., MINUTA placed a phone call to PERSON ONE, which lasted approximately 1 minute and 11 seconds.

104. At 1:02 p.m., PERSON ONE placed a phone call to MINUTA, which lasted approximately 1 minute and 48 seconds.

105. At 1:25 p.m., PERSON ONE messaged the Leadership Signal Chat, "Pence is doing nothing. As I predicted." About 15 minutes later, he sent another message, stating, "All I see Trump doing is complaining. I see no intent by him to do anything. So the patriots are taking it into their own hands. They've had enough."

106. At 1:48 p.m., PERSON ONE sent a message to the Leadership Signal Chat informing the group that he was on his way to the Capitol.

107. At 1:50 p.m., WATKINS transmitted a communication over Zello12 stating, "We have a good group. We have about 30-40 of us. We are sticking together and sticking to the plan."

108. At 1:52 p.m., HARRELSON and DOLAN unlawfully entered the restricted Capitol grounds.

109. At 1:59 p.m., PERSON TEN placed a phone call to JAMES, which lasted approximately 30 seconds.

110. At 2:00 p.m., JAMES placed a phone call to PERSON TEN, which lasted approximately 1 minute and 12 seconds.

111. At 2:00 p.m., WATKINS stated on the “Stop the Steal J6” Zello channel, “Y’all, we’re one block away from the Capitol right now. I’m probably gonna go silent when we get there, because I’m gonna be a little busy.”

112. At 2:01 p.m., PERSON TEN placed a phone call to PERSON ONE, which lasted approximately 1 minute and 41 seconds.

113. At 2:03 p.m., PERSON TEN placed a phone call to JAMES, which lasted approximately 39 seconds. About 1 minute later, JAMES placed a phone call to PERSON TEN, which lasted approximately 3 minutes and 36 seconds.

114. At 2:03 p.m., the administrator of the “Stop the Steal J6” Zello channel directed the group, “You are executing citizen’s arrest. Arrest this assembly, we have probable cause for acts of treason, election fraud . . . .”

115. At 2:06 p.m., PERSON ONE sent another message to the Leadership Signal Chat asking for PERSON TEN’s location before stating, “I’m trying to get to you.”

116. At 2:06 p.m., CALDWELL sent WATKINS a text message stating: “Where are you? Pence has punked out. We are screwed. Teargassing peaceful protesters at capital steps. Getting rowdy here... I am here at the dry fountain to the left of the Capitol[.]”

117. At 2:07 p.m., JAMES placed a phone call to PERSON TEN, which lasted approximately 30 seconds, followed by an approximately 55-second phone call at 2:10 p.m.

118. At 2:13 p.m., PERSON TEN placed a phone call to JAMES, which lasted approximately 43 seconds.

119. At 2:14 p.m., PERSON TEN wrote to the Leadership Signal Chat, “The have taken ground at the capital[.] We need to regroup any members who are not on mission.”

120. At 2:15 p.m., PERSON ONE placed a phone call to KELLY MEGGS, which lasted approximately 15 seconds.

121. At 2:16 p.m., PERSON TEN placed a phone call to JAMES, which lasted approximately 42 seconds.

122. At 2:21 p.m., HARRELSON and DOLAN joined the crowd on the central east steps of the Capitol.

123. At 2:24 p.m., KELLY MEGGS placed a phone call to PERSON ONE, which lasted approximately 2 seconds.

124. At 2:25 p.m., PERSON ONE forwarded PERSON TEN’s message (“The have taken ground at the capital[.] We need to regroup any members who are not on mission.”) to the Leadership Signal Chat and instructed: “Come to South Side of Capitol on steps” and then sent a photograph showing the southeast side of the Capitol.

125. At 2:28 p.m., CROWL, WATKINS, SANDRA PARKER, BENNIE PARKER, YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HACKETT, and ISAACS unlawfully entered the restricted Capitol grounds.

126. At 2:31 p.m., PERSON TEN placed a phone call to PERSON ONE, which lasted approximately 5 minutes and 25 seconds.

127. At 2:32 p.m., KELLY MEGGS placed a phone call to PERSON ONE, which lasted approximately 1 minute and 37 seconds.

128. [DELETE (6 LINES)]

129. [DELETE (3 LINES)]

130. At 2:33 p.m., JAMES placed a phone call to PERSON TEN, which lasted approximately 49 seconds.

131. [DELETE (3 LINES)]

132. At 2:35 p.m., CROWL, WATKINS, SANDRA PARKER, YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HACKETT, and ISAACS joined together with others known and unknown to form a column or stack of individuals wearing Oath Keepers clothing, patches, insignia, and battle gear (the “Stack”). Together, the Stack maneuvered in an organized fashion up the steps on the east side of the Capitol—each member keeping at least one hand on the shoulder of the other in front of them.

133. Towards the top of the steps, HARRELSON and DOLAN joined with the Stack.

134. At the top of the steps, the Stack joined and then pushed forward alongside a mob that aggressively advanced towards the Columbus Doors at the central east entrance to the Capitol, assaulted the officers guarding the doors, threw objects and sprayed chemicals towards the officers and the doors, and pulled violently on the doors.

135. At 2:39 p.m., ISAACS joined the crowd in forcibly pushing against one of the Columbus Doors and the law enforcement officers guarding that door. Shortly thereafter, the Capitol doors were breached by the mob, and ISAACS entered the building.

136. Shortly after the mob breached the doors, CROWL, WATKINS, SANDRA PARKER, YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HARRELSON, HACKETT, DOLAN, and the others in the Stack forcibly entered the Capitol.

137. As they entered the Capitol, CROWL, WATKINS, SANDRA PARKER, YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HARRELSON, HACKETT, DOLAN, and the others in the Stack joined the larger mob in pushing past at least one law enforcement officer who was trying to stop them from breaching the Capitol building.

138. After they penetrated the Capitol building, CROWL, WATKINS, SANDRA PARKER, YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HARRELSON, HACKETT, DOLAN, ISAACS, and the others in the Stack collectively moved into an area inside the building known as the Capitol Rotunda.

139. As they navigated through the Capitol Rotunda, CROWL, WATKINS, SANDRA PARKER, YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HARRELSON, HACKETT, DOLAN, ISAACS, and the others in the Stack continued to communicate with one another by keeping their hands on each other’s backs.

140. At 2:44 p.m., WATKINS stated on the “Stop the Steal J6” Zello channel, “We are in the mezzanine. We are in the main dome right now. We are rocking it. They are throwing grenades, they are fricking shooting people with paint balls. But we are in here.”

141. An individual who had participated in at least one prior Oath Keeper operation with WATKINS responded, “Get it, Jess. Do your fucking thing. This is what we fucking [unintelligible] up for. Everything we fucking trained for.”

142. Shortly thereafter, WATKINS, CROWL, SANDRA PARKER, YOUNG, STEELE, and ISAACS exited the Rotunda through the northbound hallway and attempted to enter the Senate wing of Congress.

143. ISAACS yelled “the fight’s not over” and waved rioters down the hallways towards the Senate.

144. At 2:45 p.m. and afterward, CROWL, WATKINS, SANDRA PARKER, YOUNG, and ISAACS joined the mob in pushing against a line of riot police officers guarding the hallway connecting the Rotunda to the Senate, as WATKINS commanded those around her to “push, push, push,” and to, “get in there, get in there,” while noting, “they [the officers] can’t hold us.”

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

146. CROWL, WATKINS, SANDRA PARKER, YOUNG, STEELE, and ISAACS regrouped in the Rotunda.

147. At 2:45 p.m., KELLY MEGGS, CONNIE MEGGS, HARRELSON, HACKETT, and DOLAN walked southbound out of the Rotunda and towards the House of Representatives.

148. Meanwhile, CALDWELL, who was positioned on the west side of the Capitol, joined with PERSON TWO and others known and unknown in storming past barricades and climbing stairs up to a balcony on the west side of the Capitol building.

149. At 2:48 p.m., CALDWELL sent a message on Facebook, writing, “We are surging forward. Doors breached[.]”

150. At 2:54 p.m., HACKETT exited the Capitol.

151. At 2:57 p.m., HARRELSON and DOLAN exited the Capitol.

152. At 2:59 p.m., KELLY MEGGS and CONNIE MEGGS exited the Capitol.

153. At 3:05 p.m., CROWL, WATKINS, SANDRA PARKER, YOUNG, and STEELE helped ISAACS out of the Capitol.

154. [DELETE (4 LINES)]

155. While entering the Capitol building, MINUTA and JAMES pushed past Capitol Police officers who placed their hands on MINUTA and JAMES in an unsuccessful attempt to stop them from advancing toward the Capitol Rotunda.

156. At 3:17 p.m., when MINUTA and JAMES reached the entrance to the Capitol Rotunda, they joined with others in the crowd in a confrontation with a line of law enforcement officers that had formed a barrier between the lobby and the Capitol Rotunda. JAMES yanked and pushed several of the riot officers out of the way. While engaging in this conduct, JAMES repeatedly yelled, “Get out of my Capitol!” and “This is my fucking building! This is not yours! This is my Capitol!”

157. As he stood behind JAMES while recording the events with a camera, MINUTA yelled, “This is what’s bound to happen, just get out! Get out! Get these cops out! It’s our fucking building! Get ‘em out, get out!”

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

159. At 3:19 p.m., while exiting the Capitol building through the same east side Rotunda door from which he entered, MINUTA held up two fingers and yelled at a law enforcement officer, among other things, “All that’s left is the Second Amendment!”

160. At 3:22 p.m., JAMES exited the Capitol through the east side Rotunda door from which he entered.

161. [DELETE (2 LINES)]

162. At 3:40 p.m., JAMES placed a phone call to PERSON TEN, which lasted approximately 3 minutes and 4 seconds.

163. At 4:04 p.m., MINUTA placed a phone call to PERSON ONE, which lasted approximately 42 seconds.

164. At 4:05 p.m., PERSON ONE placed a phone call to MINUTA, which lasted approximately 2 minutes and 56 seconds.

165. Shortly after 4:00 p.m., individuals who breached the Capitol, to include YOUNG, STEELE, KELLY MEGGS, CONNIE MEGGS, HARRELSON, MINUTA, JAMES, [DELETE], HACKETT, DOLAN, and ISAACS, among others, gathered together with PERSON ONE and PERSON TEN approximately 100 feet from the Capitol, near the northeast corner of the building. (In violation of Title 18, United States Code, Section 371)

COUNT TWO
(18 U.S.C. §§ 1512(c)(2), 2—Obstruction of an Official Proceeding and Aiding and Abetting)


166. Paragraphs 1 through 30 and paragraphs 35 through 165 of this Indictment are realleged and incorporated as though set forth herein. As set forth in paragraphs 35 through 165, on or about January 6, 2021, in the District of Columbia and elsewhere, the defendants,

THOMAS CALDWELL,
DONOVAN CROWL,
JESSICA WATKINS,
SANDRA PARKER,
BENNIE PARKER,
GRAYDON YOUNG,
LAURA STEELE,
KELLY MEGGS,
CONNIE MEGGS,
KENNETH HARRELSON,
ROBERTO MINUTA,
JOSHUA JAMES,
[DELETE],  
JOSEPH HACKETT,
JASON DOLAN, and
WILLIAM ISAACS,

attempted to, and did, corruptly obstruct, influence, and impede an official proceeding, that is, the Certification of the Electoral College vote, and did aid and abet others known and unknown to do the same.

(In violation of Title 18, United States Code, Sections 1512(c)(2), 2)

COUNT THREE
(18 U.S.C. §§ 1361, 2—Destruction of Government Property and Aiding and Abetting)


167. Paragraphs 1 through 30 and paragraphs 35 through 165 of this Indictment are realleged and incorporated as though set forth herein.

168. As set forth in paragraphs 134 through 137 and paragraphs 142 through 145, on January 6, 2021, in the District of Columbia and elsewhere, the defendants,

DONOVAN CROWL,
JESSICA WATKINS,
SANDRA PARKER,
GRAYDON YOUNG,
LAURA STEELE,
KELLY MEGGS,
CONNIE MEGGS,
KENNETH HARRELSON,
JOSEPH HACKETT,
JASON DOLAN, and
WILLIAM ISAACS,

attempted to, and did, willfully injure and commit depredation against property of the United States, that is, the United States Capitol building, thereby causing or attempting to cause damage that exceeded $1,000, and did aid and abet others known and unknown to do so.

(In violation of Title 18, United States Code, Sections 1361, 2)

COUNT FOUR
(18 U.S.C. § 1752(a)(1)—Restricted Building or Grounds)


169. Paragraphs 1 through 30 and paragraphs 35 through 165 of this Indictment are realleged and incorporated as though set forth herein.

170. As set forth in paragraphs 125, 136 to 137, 148 to 149, and 154 to 155, on or about January 6, 2021, in the District of Columbia and elsewhere, the defendants,

THOMAS CALDWELL,
DONOVAN CROWL,
JESSICA WATKINS,
SANDRA PARKER,
BENNIE PARKER,
GRAYDON YOUNG,
LAURA STEELE,
KELLY MEGGS,
CONNIE MEGGS,
KENNETH HARRELSON,
ROBERTO MINUTA,
JOSHUA JAMES,
[DELETE],
JOSEPH HACKETT,
JASON DOLAN, and
WILLIAM ISAACS,

did knowingly enter and remain in a restricted building and grounds, that is, any posted, cordoned-off, or otherwise restricted area within the United States Capitol and its grounds, where the Vice President and Vice President-elect were temporarily visiting, without lawful authority to do so.

(In violation of Title 18, United States Code, Section 1752(a)(1))

COUNT FIVE
(18 U.S.C. §§ 231(a)(3), 2—Civil Disorder and Aiding and Abetting)


171. Paragraphs 1 through 30 and paragraphs 35 through 165 of this Indictment are realleged and incorporated as though set forth herein.

172. As set forth in paragraph 135, on or about January 6, 2021, within the District of Columbia, the defendant,

WILLIAM ISAACS,

committed and attempted to commit an act to obstruct, impede, and interfere with a law enforcement officer, that is, U.S. Capitol Police Officer M.C., while Officer M.C. was 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, and adversely affected the conduct and performance of a federally protected function.

(In violation of Title 18, United States Code, Sections 231(a)(3), 2)

COUNT SIX
(18 U.S.C. §§ 231(a)(3), 2—Civil Disorder and Aiding and Abetting)


173. Paragraphs 1 through 30 and paragraphs 35 through 165 of this Indictment are realleged and incorporated as though set forth herein.

174. As set forth in paragraphs 142 through 145, on or about January 6, 2021, within the District of Columbia, the defendants,

JESSICA WATKINS,
DONOVAN CROWL,
SANDRA PARKER,
GRAYDON YOUNG, and
WILLIAM ISAACS,

committed and attempted to commit an act to obstruct, impede, and interfere with a law enforcement officer, that is, law enforcement officers guarding the hallway between the Capitol Rotunda and Senate chamber, while those officers were lawfully engaged in the lawful performance of their official duties incident to and during the commission of a civil disorder, and the civil disorder obstructed, delayed, and adversely affected the conduct and performance of a federally protected function.

(In violation of Title 18, United States Code, Sections 231(a)(3), 2)

COUNT SEVEN
(18 U.S.C. §§ 231(a)(3), 2—Civil Disorder and Aiding and Abetting)


175. Paragraphs 1 through 30 and paragraphs 35 through 165 of this Indictment are realleged and incorporated as though set forth herein.

176. As set forth in paragraphs 156 and 158, on or about January 6, 2021, within the District of Columbia, the defendant,

JOSHUA JAMES,

committed and attempted to commit an act to obstruct, impede, and interfere with a law enforcement officer, that is, law enforcement officers in the Capitol Rotunda, while those officers were lawfully engaged in the lawful performance of their official duties incident to and during the commission of a civil disorder, and the civil disorder obstructed, delayed, and adversely affected the conduct and performance of a federally protected function.

(In violation of Title 18, United States Code, Sections 231(a)(3), 2)

COUNT EIGHT
(18 U.S.C. § 111(a)(1)—Assaulting, Resisting, or Impeding Certain Officers)


177. Paragraphs 1 through 30 and paragraphs 35 through 165 of this Indictment are realleged and incorporated as though set forth herein.

178. As set forth in paragraphs 156 and 158, on or about January 6, 2021, within the District of Columbia, the defendant,

JOSHUA JAMES,

did forcibly assault, resist, oppose, impede, intimidate, and interfere with an officer with the District of Columbia Metropolitan Police Department who was assisting officers and employees of the United States while such persons were engaged in and on account of the performance of official duties, and where the acts in violation of this section involved physical contact with the victim and the intent to commit another felony, namely, Count Two, charging Obstruction of an Official Proceeding and Aiding and Abetting, in violation of Title 18, United States Code, Sections 1512(c)(2), 2.

(In violation of Title 18, United States Code, Section 111(a)(1))

COUNT NINE
(18 U.S.C. § 1512(c)(1)—Tampering with Documents or Proceedings)


179. Paragraphs 1 through 30 and paragraphs 35 through 165 of this Indictment are realleged and incorporated as though set forth herein.

180. On January 6, 2021, the Federal Bureau of Investigation (“FBI”) opened an investigation into the attack on the Capitol, and a grand jury of the United States District Court for the District of Columbia subsequently opened an investigation.

181. On January 8, 2021, in response to a request from CROWL for a video, CALDWELL sent the video, and subsequently unsent the message containing the video.

182. Between January 6, 2021, and January 19, 2021, CALDWELL deleted photographs from his Facebook account that documented his participation in the attack on the Capitol on January 6, 2021.

183. Between January 6, 2021, and January 19, 2021, in the District of Columbia and elsewhere, the defendant,

THOMAS CALDWELL,

did corruptly alter, destroy, mutilate, and conceal a record, document, and other object, and attempted to do so, with the intent to impair its integrity and availability for use in an official proceeding, that is, the FBI investigation and the grand jury investigation into the attack on the Capitol on January 6, 2021.


(In violation of Title 18, United States Code, Section 1512(c)(1))

COUNT TEN
(18 U.S.C. § 1512(c)(1)—Tampering with Documents or Proceedings)


184. Paragraphs 1 through 30, paragraphs 35 through 165, and paragraph 180 of this Indictment are re-alleged and incorporated as though set forth herein.

185. On January 8, 2021, YOUNG deleted his Facebook account.

186. On January 8, 2021, in the District of Columbia and elsewhere, the defendant,

GRAYDON YOUNG,

did corruptly alter, destroy, mutilate, and conceal a record, document, and other object, and attempted to do so, with the intent to impair its integrity and availability for use in an official proceeding, that is, the FBI investigation and the grand jury investigation into the attack on the Capitol on January 6, 2021.


(In violation of Title 18, United States Code, Section 1512(c)(1))

COUNT ELEVEN
(18 U.S.C. § 1512(c)(1)—Tampering with Documents or Proceedings)


187. Paragraphs 1 through 30, paragraphs 35 through 165, and paragraph 180 of this Indictment are re-alleged and incorporated as though set forth herein.

188. Sometime after January 7, 2021, KELLY MEGGS deleted from his cellular telephone certain media, files, and communications that showed his involvement in the offenses alleged herein.

189. On or around January 7, 2021, in the District of Columbia and elsewhere, the defendant,

KELLY MEGGS,

did corruptly alter, destroy, mutilate, and conceal a record, document, and other object, and attempted to do so, with the intent to impair its integrity and availability for use in an official proceeding, that is, the FBI investigation and the grand jury investigation into the attack on the Capitol on January 6, 2021.


(In violation of Title 18, United States Code, Section 1512(c)(1))

COUNT TWELVE
(18 U.S.C. § 1512(c)(1)—Tampering with Documents or Proceedings)


190. Paragraphs 1 through 30, paragraphs 35 through 165, and paragraph 180 of this Indictment are re-alleged and incorporated as though set forth herein.

191. Sometime after January 7, 2021, HARRELSON deleted from his cellular telephone certain media, files, and communications that showed his involvement in the offenses alleged herein.

192. On or around January 7, 2021, in the District of Columbia and elsewhere, the defendant,

KENNETH HARRELSON,

did corruptly alter, destroy, mutilate, and conceal a record, document, and other object, and attempted to do so, with the intent to impair its integrity and availability for use in an official proceeding, that is, the FBI investigation and the grand jury investigation into the attack on the Capitol on January 6, 2021.


(In violation of Title 18, United States Code, Section 1512(c)(1))

COUNT THIRTEEN
(18 U.S.C. § 1512(c)(1)—Tampering with Documents or Proceedings)


193. Paragraphs 1 through 30, paragraphs 35 through 165, and paragraph 180 of this Indictment are re-alleged and incorporated as though set forth herein.

194. Sometime after January 7, 2021, JAMES deleted from his cellular telephone the Leadership Signal Chat.

195. On January 8, 2021, JAMES instructed PERSON FIFTEEN to “make sure that all signal comms about the op has been deleted and burned,” and PERSON FIFTEEN confirmed PERSON FIFTEEN did in fact do so.

196. On or around January 7-8, 2021, in the District of Columbia and elsewhere, the defendant,

JOSHUA JAMES,

did corruptly alter, destroy, mutilate, and conceal a record, document, and other object, and attempted to do so, with the intent to impair its integrity and availability for use in an official proceeding, that is, the FBI investigation and the grand jury investigation into the attack on the Capitol on January 6, 2021.


(In violation of Title 18, United States Code, Section 1512(c)(1))

A TRUE BILL

FOREPERSON

CHANNING D. PHILLIPS
ACTING ATTORNEY FOR THE UNITED STATES
IN AND FOR THE DISTRICT OF COLUMBIA

_______________

Notes:

1 Based on the investigation, “QRF” appears to refer to “quick reaction force.”

2 The ages and residences listed herein are as of January 6, 2021.

3 Signal is an encrypted messaging service.

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

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

6 An event colloquially referred to as the “Million MAGA March” occurred in Washington, D.C., on November 14, 2020. A similar event occurred in Washington, D.C., on December 12, 2020.

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

8 Based on the investigation, “RP” appears to refer to “rally point.”

9 Based on the investigation, “OK” appears to refer to “Oath Keepers.”

10 Based on the investigation, “UTM” appears to refer to “Ultimate Training Munitions.”

11 Based on the investigation, “B.D.U.” appears to be a military reference to the Battle Dress Uniform, which is a camouflaged combat uniform.

12 On January 6, 2021, WA DUNS and others known and unknown communicated and coordinated their actions on ZelIa, using a Zello channel named "Stop the Steal J6."
admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri Jun 04, 2021 12:13 am

Senate Republicans Block Insurrection Investigation While Courts Go Hard After Insurrectionists
by Glenn Kirschner
May 28, 2021

Today we are witness to a tale of two insurrections (Cleveland Meredith Jr. & Karl Dresch). Senate Republicans vote against an investigation into the insurrection. Whereas the courts, specifically DC District Court Judge Amy Berman Jackson, issues lengthy legal opinions castigating Donald Trump, his loyal media networks and political leaders in state and federal government for continuing to endanger our nation by continuing to promote the Big Lie. Here's a discussion of the implications of today's Senate vote and of Judge Jackson's orders denying pretrial release for two insurrectionists.

admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

Re: Trump lashes out at Gov. Doug Ducey following certificat

Postby admin » Fri Jun 04, 2021 4:24 am

Order: USA v. Karl Dresch
by Judge Amy Berman Jackson
May 27, 2021
Document 25 Filed 05/27/21

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

Case 1:21-cr-00071-ABJ

Crim. Action No. 21-0071 (ABJ)

UNITED STATES OF AMERICA, v. KARL DRESCH, Defendant.

ORDER

Defendant has been indicted on five counts: (1) Obstruction of an Official Proceeding and Aiding and Abetting in violation of 18 U.S.C. §§ 1512(c)(2), 2; (2) Entering and Remaining in a Restricted Building or Grounds in violation of 18 U.S.C. § 1752(a)(1); (3) Disorderly and Disruptive Conduct in a Restricted Building or Grounds in violation of 18 U.S.C. § 1752(a)(2); (4) Disorderly Conduct in a Capitol Building in violation of 40 U.S.C. § 5104(e)(2)(D); and (5) Parading, Demonstrating, or Picketing in a Capitol Building in violation of 40 U.S.c. § 5104(e)(2)(G). Indictment [Dkt. # 5] at 1-3.

Defendant was arrested on January 19, 2021, see Rule 5(c)(3) Docs. [Dkt. # 7] at 1, and the government moved for pretrial detention pursuant to 18 U.S.C. § 3142(f)(2). Mot. for Detention [Dkt. # 23-1]. Defendant was ordered detained after a hearing before a Magistrate Judge in the Western District of Michigan on the grounds that the government had established that he posed a danger to the community and well as a risk of flight. Order of Detention Pending Trial [Dkt. # 18-6] at 2. The Magistrate Judge checked off boxes on the preprinted form to indicate that factors bearing on the decision included: "[the] Weight of the evidence is strong," "Prior criminal history," "History of violence or use of weapons," and "Prior attempt(s) to evade law enforcement." Id. at 2-3. The Magistrate Judge added:

In addition, the undersigned finds by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the safety of any other person and the community based on[:]

(1) Defendant's possession of firearms and ammunition following a felony conviction,

(2) Defendant's posting of statements reflecting a willingness to engage[] in additional actions that are similar to those he took on Jan. 6, 2021[,] and

(3) Defendant's willingness to flee pursuing police officers at high speed in 2013.


Id. at 3 (citations omitted).

On April 1, defendant filed a motion to "lift his preventive detention in this case." Mot. to Lift Preventive Detention and P. & A. in Supp. Thereof [Dkt. # 16] ("Mot.") at 1. In addition to making legal arguments, defendant has submitted numerous letters of support from members of his community. See Letters of Support [Dkt. # 16-1] ("Letters'').1 The government opposed the motion, Gov't Resp. to Mot. [Dkt. # 18] ("Opp."), and the Court held a hearing on the motion on May 3, 2021. Min. Entry (May 3, 2021). The issue has been fully briefed. See Def.'s Reply to Opp. [Dkt. # 20] ("Reply"). For the following reasons, the motion will be DENIED.

BACKGROUND

I. Defendant's Participation in the Attack on the United States Capitol


Defendant was arrested on January 19, 2021 after agents from the Federal Bureau of Investigation ("FBI") received a tip that he had posted information regarding his participation in the events now known as the Capitol Riots to his social media accounts. Statement of Facts [Dkt. # 1-1] ("SOF") , ¶ 11. Shortly thereafter, a search warrant was issued for additional information associated with defendant's Facebook account. Id. ¶ 12. The search revealed the following:

• On November 23,2020, defendant posted: "It's war everywhere if we let this election get stolen." Ex. 6 to Opp. [Dkt. # 18-7].

• On December 16,2020, defendant posted: "Stop the Steal." SOF ¶ 13.

• On December 20, 2020, the day after then-President Trump tweeted, "Big protest in DC on January 6th. Be there, will be wild!"2 defendant posted: "7-4-1776= 1-6-2021." SOF ¶ 13.

On January 3, 2021, defendant posted a series of messages announcing that he was preparing to go to Washington, D.C., that he was "prepared for chemical attacks and whatnot," and "NO EXCUSES! NO RETREAT! NO SURRENDER! TAKE THE STREETS! TAKE BACK OUR COUNTRY! 1/6/2021 =7/4/1776." SOF ¶ 14.

• On January 5, 2021, defendant commented: "Stop the steal! this is the last stand of The United States of America to remain free." Ex. 8 to Opp. [Dkt. # 18-9].

• On January 6, 2021, defendant posted photographs of a group approaching the Capitol along with the caption "Who's house? OUR HOUSE!" SOF ¶ 16.

• Defendant exchanged messages with other Facebook users on January 6, 2021, stating: "Patriots are in the Capitol building now"; sending pictures of groups inside of the building; and noting that he had "[ b]een using" a mask to protect against gas used by the police. He sent selfies from outside of the Capitol with captions such as "Just had a beer on our front porch," and "That's right outside the house of representative ... we got in! Took a lil gas ... wtf I love masks now!" As defendant put it, they "Had the cops booking it." SOF ¶ ¶ 21,23-26.3

• Defendant also posted a picture with the caption "We are in," SOF ¶ 17, which appears to depict an area inside of the U.S. Capitol Building. See also Mot. at 7 ("Admittedly, the government does appear to have video and pictures that show that Mr. Dresch was inside the Capitol with the protesting crowd on January 6."); Opp. at 4 ("The FBI shared the post with a U.S. Capitol Police Officer, who confirmed that it accurately depicts the inside of the U.S. Capitol Building, specifically, the 'Crypt,' a location under the rotunda in the center of the Capitol.").

• Defendant continued to communicate by social media into the evening: posting "I'm excited!"; commenting "Total Victory!" on a picture of a crowd at the Washington Monument; commenting on another user's post that "It was peaceful ... still got a lil gas tho ... mask on for safety"; and commenting on another post that "we broke no glass no shoving I seen." SOF ¶ ¶ 27-28.

• Defendant ended the day by posting a video taken earlier at the U.S. Capitol Visitor's Center:

Okay all you conspiracy theorists [winking smiley face emoji] don't worry I loves yous all just setting the record straight.antifa did not take the capitol.that was Patriots, I can't guarantee there weren't some shit birds in the crowd but what multi-million crowd can you guarantee?.don't give them the thunder, we the people took back our house, the news is all bullshit.and now those traitors Know who's really in charge. And I can't say I saw any violence from our people, despite all the poking of the capitol police, gassing randomly into women and children being peaceful, beating old men we kept it chill. 4


SOF ¶¶ 19-20.

The social media activity continued after January 6.

• On January 7, 2021, defendant commented on an unidentified post that "Mike Pence gave our country to the communist hordes, traitor scum like the rest of them, we have your back give the word and we will be back even stronger." SOF ¶ 28.

• In another message dated January 7, defendant stated:

Bro you shoulda been there .... the news is all fake ... and just to correct shit .. we wasn't violent but we took the capitol .... antifa didn't do it they may have had some idiots undercover in the crowd but it was us that got in ... and we didn't fuck shit up ... I seen a broken window ... we picked up water bottle s and shit cleaned up .. it was grand ... best day ever ... I think it was a good show of force ... look what we can do peacefully, wait til we decide to get pissed.


Ex. 15 to Opp. [Dkt. # 18-16]. Defendant concluded: "And look if they can't hold the capitol with thousands of cops, how can they tell us what to do 1000 miles away." Id.

On January 11 and 12, 2021, defendant messaged a series of comments:

"Haha you think I trust these airwaves . . . fuckheads up there are mass snitching me to feds."

• "Look up []."5

"Fuck her what they got .. call the cops bitch lol ... I ain't saying shit."

"Alright bro just wanted to holler let everyone know ... stand by and watch your block."

"Yes but when it's everywhere makes it so much harder to stop us."

Ex. 13 to Opp. [Dkt. # 18-14] at 1-4; see also Opp. at 15.

Later on January 12,2021, defendant returned to the subject of the person he had previously discussed:

• "Ya I looked at her shit and the ones commenting on it are the same."

• "They're the ones always mess with my Facebook ads."

• "Now they wanna snitch me out lol .. bunch of losers."

"I sent her thing to tons of Patriots now it's gone haha, I'm sure I made a FBI folder but fuck it I know who my enemies are."

Ex. 14 to Opp. [Dkt. # 18-15]; see also Opp. at 15-16.

II. Searches of Defendant's Residence

After defendant was arrested, FBI agents searched his residence in Calumet, Michigan. Opp. at 6. The government's opposition describes the initial search:

Among other items, agents located several hundred rounds of rifle (7.62) ammunition, a Russian rifle, shotgun shells, a shotgun, and an Atlanta Braves backpack. See Exhibit 2, Search Warrant Inventory. The ammunition was located in multiple places throughout the house, including the dining room, the master bedroom, an upstairs hall room, and inside the backpack. Exh. 2. Specifically, the backpack contained a Pilot gas station receipt from Hagerstown, Maryland dated January 5, 2021, a Metro SmartTrip card, and 8 boxes of 7.62 ammunition, containing a total of 160 rounds. See Exhibit 3, FBI 302 dated 1/29/21 of Contents of Backpack, and Figures 2a-2c. The boxes matched the boxes of ammunition found in the house. See Figure 2a and 3c. The firearms were identified in the Michigan State Police Report as a Mossberg 12-gauge shotgun and a Russian-made SKS 7.62 mm x 39 caliber rifle. See Exhibit 3b, Michigan State Police Report dated January 19, 2021.


Id. at 6-7 (some italics omitted). The search warrant inventory, Ex. 2 to Opp. [Dkt. # 18-2], provides additional information: the backpack with ammunition was found in the family room, and more ammunition was found in the dining room. Search Warrant Inventory at 3; see also Opp. at 6. Even more ammunition, as well as the shotgun and a "hand gun pistol grip," were found in the "2nd floor hall rm," and the Russian-made rifle was found in the main bedroom, as well as still more ammunition. Search Warrant Inventory at 3-4,6; see also Opp. at 6. The next day, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") obtained and executed a search warrant as well; those agents found two additional firearms - a Glock pistol and a Remington rifle - and even more ammunition. See Ex. 4a to Opp. [Dkt. # 18-4] at 3 ("ATF Search Warrant Inventory"); see also Ex. 4b to Opp. [Dkt. # 18-5]; Opp. at 9-10. The ATF inventory reveals that the Glock was found loaded in a bedroom closet; two more boxes of ammunition were found on the front porch in a laundry basket; eight more boxes of ammunition were found in a dining room cabinet; and the Remington rifle was found loaded in a closet of a different bedroom. ATF Search Warrant Inventory.

Since that time, defendant's mother has submitted materials to ATF indicating that she is the owner of the residence where the firearms were found, although she does not live there and has not lived there since she bought the home in 2008. See Reply ¶ 12; see also Materials Submitted to ATF [Dkt. # 20-1] ("ATF Materials") at 1. She explained that "the Russian rifle, the Glock, and one of the shotguns" belong to her, ATF Materials at 9; they became her property in 2006 when her husband passed away. Reply ¶ 12; see also ATF Materials at 3. She states that she left the firearms at the house now occupied by defendant because she has "never had any interest in owning a gun, and actually feel[s] nervous around guns," so she preferred not to have the weapons at her primary residence. ATF Materials at 1.6

STANDARD OF REVIEW

The Bail Reform Act of 1984, 18 U.S.C. § 3142 et seq., starts with the proposition that the judicial officer shall order pretrial release on personal recognizance or an unsecured appearance bond unless he or she determines that release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. See id. § 3142(b). If conditions are required, the law provides that the defendant shall be released subject to the condition that he not commit a federal, state, or local crime, and subject to the least restrictive further condition, or combination of conditions, that the judicial officer determines will reasonably assure the appearance of the person and the safety of any other person and the community. See id. § 3142(c)(1).

If the judicial officer finds after a hearing that "no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the judicial officer 'shall' order the detention of the person before trial." 18 U.S.C. § 3142(e)(I). Under the terms of the statute, the facts the judicial officer relies upon to support a finding that no conditions will assure the safety of the community must be supported by clear and convincing evidence. 18 U.S.C. § 3142(f). The statute is silent on the level of proof required to establish that the defendant poses a risk of flight, but the D.C. Circuit has ruled that such a finding need only be supported by a preponderance of the evidence. United States v. Simpkins, 826 F.2d 94, 96 (D.C. Cir. 1987), quoting United States v. Vortis, 785 F.2d 327, 329 (D.C. Cir. 1986). Even if the defendant does not pose a flight risk, danger to the community alone can be a sufficient reason to order pretrial detention. United States v. Salerno, 481 U.S. 739, 751 (1987) ("When the Government proves by clear and convincing evidence that an arrestee presents an identified and articulable threat to an individual or the community ... a court may disable the arrestee from executing that threat."); Simpkins, 826 F.2d at 98.

The government may only move for pretrial detention in the limited circumstances that are enumerated in the Act. See 18 U.S.C. §3142(f). In this case, the government moved for detention under subsection (f)(2), which provides that the judicial officer shall hold a hearing upon motion of the government or its own motion in a case that involves "(A) a serious risk that such person will flee; or (B) a serious risk that such person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror."

When community safety is the basis for detention, the government must prove the need for detention by clear and convincing evidence. United States v. Smith, 79 F.3d 1208, 1209 (D.C. Cir. 1996). To determine whether the government has carried its burden, the Court must consider: (1) "the nature and circumstances of the offense charged, including whether the offense is a crime of violence," (2) "the weight of the evidence against the [defendant]," (3) "the history and characteristics of the [ defendant]," and (4) "the nature and seriousness of the danger to any person or the community that would be posed by the person's release." 18 U.S.C. § 3142(g). This is a forward-looking inquiry; "a defendant's detention based on dangerousness accords with due process only insofar as the district court determines that the defendant's history, characteristics, and alleged criminal conduct make clear that he or she poses a concrete, prospective threat to public safety." United States v. Munchel, 991 F.3d 1273, 1280 (D.C. Cir. 2021); see also Salerno, 481 U.S. at 752.

Finally, although the D.C. Circuit has not yet addressed the issue, courts in this district and many other circuits agree that the district judge should review de novo a detention decision rendered by a Magistrate Judge. See, e.g., United States v. Hassanshahi, 989 F. Supp. 3d 110, 113 (D.D.C. 2013); United States v. Koenig, 912 F.2d 1190, 1191 (9th Cir. 1990) (collecting cases); United States v. Stewart, 19 F. App'x 46, 48 (4th Cir. 2001); United States v. Gonzales, 149 F.3d 1192 at *1 (10th Cir. 1998); United States v. Hazime, 762 F.2d 34, 36 (6th Cir. 1985); United States v. Portes, 786 F.2d 758, 761 (7th Cir. 1985).

ANALYSIS

I. Defendant is eligible for detention under 18 U.S.C. § 3142(t)(2).


Defendant argues that that government lacked sufficient grounds to move for his detention under the Bail Reform Act. Mot. at 6-7. Section 3142(f)(2) states that the judicial officer shall hold a hearing upon motion of the government or its own motion in a case that involves "(A) a serious risk that such person will flee; or (B) a serious risk that such person will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror." The government contended at a status conference held on May 12, 2021 that once the initial detention determination has been made, the question of eligibility under section 3142(f) is no longer reviewable, and the only issue before the Court is whether there was clear and convincing evidence to support a finding that the defendant posed a danger or proof by a preponderance that he posed a risk of flight. The Court need not address the question of whether it has authority to reverse a Magistrate Judge's determination that section 3142(f) applies, since its decision below reflects that defendant's own statements and his criminal record supplied grounds to conclude both that there was a serious risk defendant would not reappear and that he would threaten or intimidate someone associated with the case.

II. The section 3142(g) factors support detention on the grounds of dangerousness by clear and convincing evidence.

A. The nature and circumstances of the offense charged


The United States Capitol was not open to the public on January 6, 2021. SOF ¶¶ 3-4.

There was important business going on, though, because on that day, in accordance with Article II, Section 1 of the Constitution, a joint session of Congress was convened to certify the vote of the Electoral College in the 2020 Presidential Election.

This was after every single one of the fifty states, including those under Republican control or with Republican election officials, had certified its own count, and after court challenges to those counts or certifications had been rejected by more than sixty courts across the country - by state judges, and also by federal judges appointed by Presidents of both parties, including former President Trump. Vice President Mike Pence, also a Republican, was present and presiding, as the Constitution required. See U.S. Const. art. II, § 1.

The United States Capitol Police, federal law enforcement officers surrounding the building, and the members of the District of Columbia Metropolitan Police Department who were summoned to assist, were overcome.

Defendant was one of many individuals who made their way through the barricades and past the officers who were attempting to keep the crowd away from the building. He was one of the individuals who entered the closed building.
See Mot. at 7; Opp. at 4. And that day, the certification process prescribed by the Constitution was interrupted as members of Congress of both parties and the Vice President had to be spirited to safety or were forced to barricade the doors or hide.

Defendant is charged with five counts related to his entry into the Capitol on January 6th. See Indictment. As the D.C. Circuit has noted, "[ i]t cannot be gainsaid that the violent breach of the Capitol on January 6 was a grave danger to our democracy." Munchel, 991 F.3d at 1284. The nature and circumstances of the offense charged are quite serious. "The actions of this violent mob, particularly those members who breached police lines and gained entry to the Capitol, are reprehensible as offenses against morality, civic virtue, and the rule of law." United States v. Chrestman, No. 21-mj-218 (ZMF), 2021 WL 765662, at *7 (D.D.C. Feb. 26, 2021). However, bond is an individualized determination, and the Court must consider what this particular defendant did, rather than the danger posed by the entire group, and the D.C. Circuit has advised that ''those who actually assaulted police officers and broke through windows, doors, and barricades, and those who aided, conspired with, planned, or coordinated such actions, are in a different category of dangerousness than those who cheered on the violence or entered the Capitol after others cleared the way." Munchel, 991 F.3d at 1284.

Defendant is alleged to have entered the building itself, which is more troubling than merely being present on the grounds; "[a] defendant who remained only on the grounds surrounding the Capitol exhibited less brazen disregard for restrictions on unlawful entrants than did a defendant who breached the interior of the Capitol building." Chrestman, 2021 WL 765662, at *8.

However, it is also true the government has presented no evidence that defendant assaulted anyone, nor is he alleged to have been one of the rioters who broke down physical barriers such as doors or windows. Cf. Munchel, 991 F.3d at 1284. Defendant is also not alleged to have been a leader or coordinator of the attack.7 These are aspects of the nature and circumstances of the offense that must be weighed in his favor.

But even though defendant does not fall within the most serious category of offenders described in Munchel, there are many aspects of his participation that do not bode well for the future, and the record does not support the narrative advanced by many who wrote letters on his behalf who suggested that he merely got swept up in what others were doing.

Many wrote to say what they think defendant would or would not do, and the letters included a common refrain:

• A childhood friend: defendant "got caught up in everything that happened in January." Letters at 2.

• The Houghton Country Sheriff: "I believe [defendant] to be more a follower who went to have his voice heard and got caught up in the crowd and followed in." Id. at 4.

• Another longtime family friend: "While [defendant] may have been in the wrong place at the wrong time and got swept up in the unfortunate events of the day, I can not imagine that he had any intent to inflict injury to persons or property." Id. at 11.

• His pastor: "[As] a fairly quick judge of character ... I do not believe that [defendant] is any real danger to our community or our government. I 'think' that [ defendant] got wrapped up in a movement and made some very foolish decisions." Id. at 5.

• A public school administrator: "I truly believe that [defendant] got caught up in the emotions of the crowd." Id. at 15.

But bond is not just an individualized determination, it is a determination based on facts. So it is necessary to dig deeper to decide whether defendant was someone who unwittingly found himself in the center of a maelstrom or if he planned to get past the cordon of police officers and enter the Capitol building all along.

The social media posts from before January 6 bear on that question. Six weeks earlier, on November 23, 2020, defendant posted: "Its war everywhere if we let this election get stolen," Opp. at 13, and he was posting the rallying cry, "Stop the Steal," as early as December 16, 2020. SOF ¶ 13. On December 19, then-President Trump tweeted: "Statistically impossible to have lost the 2020 Election. Big protest in DC on January 6th. Be there, will be wild!" The very next day, defendant posted, "7-4-1776 = 1-6-2021." SOF ¶ 13. What did he mean? On January 3, 2021, he announced that he was preparing to go to Washington, D.C., and he was "prepared for chemical attacks and what not," proclaiming, "NO EXCUSES! NO RETREAT! NO SURRENDER! TAKE THE STREETS! TAKE BACK OUR COUNTRY! 1/6/2021=7/4/1776." SOF ¶ 14. On January 5, he added: "Stop the steal. this is the last stand of The United States of America to remain free."[/b] Ex. 8 to Opp.; see also Opp. at 13.

Defendant argues that another communication from the same date establishes that he never had any plan to attack the Capitol - he just drove all the way to D.C. to attend a peaceful rally:

In the exchange, the other individual asks the person identified as Mr. Dresch, "What's the goal of this [going to D.C. on January 6]?" The individual then continues, "I heard they are going to start a civil war if things don't go our way." To this, the person identified as Mr. Dresch responds, "Ya it may be necessary some day but could be done peacefully I think, I just figured Trump said be there maybe he needs bodies or something .... I'm not sure the point but Trump's the only big shot I trust right now so I'm going, making a trip out of it so even if it's pointless." This message makes clear that, as late as the day before, the person identified as Mr. Dresch on Facebook had no plans to do anything on January 6 other than to be present in D.C. to support the then-sitting president. Moreover, it is clear that the person was only envisioning engaging in peaceful activity. Thus, despite the government's arguments to the contrary, it is clear that, at least as of the day before, Mr. Dresch had not intended to engage [in] any illegal activity on January 6.


Reply ¶ 8.

But counsel's interpretation is not entirely consistent with what defendant wrote. While defendant did not advocate violence, and he expressed a view that it "could be done peacefully," the exchange does not go so far as to suggest that he did not intend to engage in any illegal activity: entering the Capitol on January 6 at all, even peacefully, was illegal. Defendant also agreed that "civil war" "may be necessary someday," and that he was going to be in Washington because Trump said to be there and "maybe he needs bodies or something." The fact that he was willing to be one of the available "bodies," even if it might turn out to be "pointless" and the civil war would be necessary some other day, is consistent with the evidence that it was his plan to "Stop the Steal," not to just "be present" and hear a speech about it.

Defendant's actions once he got to Washington also support that conclusion. He did not stand by; he did not cheer for his candidate in Freedom Plaza and then go home. As the group approached the Capitol, he posted, "Who's house? OUR HOUSE!" SOF ¶ 16. At 3:14 p.m., he announced that he had achieved his aim, posting a photo of himself in an area called the Crypt that was closed for the day with the caption, "We are in." Id. ¶ 17. He exchanged messages with others: "Patriots are in the Capitol building now." Id. ¶ 21. In other words, the entry into the building was the point all along, and it was what he was happy about.


The caption to the video he posted later that day emphasized the point:

Ok all you conspiracy theorists ... don't worry I loves you all just setting the record straight.antifa did not take the capitol.that was Patriots ... don't give them the thunder, we the people took back our house, the news is all bullshit.and now those traitors Know who's really in charge.


SOF ¶¶ 19-20 (emphasis added); see also Ex. 15 to Opp. ("Bro you shoulda been there .... the news is all fake ... and just to correct shit .. we wasn't violent but we took the capitol .... antifa didn't do it ... it was us that got in.") (emphasis added). What's more, defendant bragged that they "Had the cops booking it." SOF ¶ 26 (emphasis added). These are not the comments of someone who was overwhelmed by events he did not anticipate.

At this point in the case, though, the purpose of analyzing the nature and circumstances of the offense - and the other 3142(g) factors - is to discern what they tell us about the future, not the past. As part of that exercise, it is useful to review what happened afterwards. After he had been inside the closed federal building, did defendant calm down? Was he chastened by the reports of serious injuries and even deaths that resulted from the attack?

On January 7, 2021, defendant commented on an someone else's Facebook post: "Mike Pence gave our country to the communist hordes, traitor scum like the rest of them
, we have your back give the word and we will be back even stronger." SOF ¶ 28 (emphasis added). Defendant's promise to take action in the future cannot be dismissed as an unlikely occurrence given that his singular source of information, see Reply ¶ 8 ("Trump's the only big shot I trust right now"), continues to propagate the lie that inspired the attack on a near daily basis. See generally From the Desk of Donald J. Trump, https://www.donaldjtrump.com/desk (last visited May 27, 2021).8 And the anger surrounding the false accusation continues to be stoked by multiple media outlets as well as the state and federal party leaders who are intent on censuring those who dare to challenge the former President's version of events.

So, the first factor weighs in favor of defendant and against a finding of dangerousness in that he did not break windows or doors to gain entry, and he did not harm anyone on the premises. But he did enter the building and did not simply stand in solidarity with the President outside, and his statements before, during, and after give rise to concerns that defendant was not only an enthusiastic, boastful participant in the assault on democracy that day, but that he stands ready to do it again.


B. The history and characteristics of the defendant

Defendant's motion summarizes the many letters from supporters in the community that were attached as exhibits:

It is clear from letters that Mr. Dresch lives in a community where he is well known, valued, and trusted. The letters are consistent in stressing Mr. Dresch's humble and gentle nature and the essential goodwill he has for his family, friends, and neighbors. The letters unqualifyingly present Mr. Dresch as a non-violent person. The letters are from people of all walks of life in Mr. Dresch's community and include letters from the local sheriff, a local mayor, and the pastor of Mr. Dresch's church.


Mot. ¶ 6.

The Court has read and considered the letters. It agrees that one must take defendant's connection to the community and his record of being non-violent, friendly, kind, and helpful to others, particularly elderly neighbors, into account when looking at who it is that is seeking to be released. Defendant is reportedly a hard worker and a loving son and father. But other than defendant's local lawyer (who is also the town's mayor), who conceded, "to be candid, [defendant] has occasionally exercised rather poor judgement," Letters at 13, the letter writers, while sincere, only shed light on a part of the total picture.9 Few of them grapple with the serious nature of the charges as they muse about what they think must have happened; none mention or even seem aware of the tone or content of defendant's Facebook posts, cf id. at 10 ("I have never once seen him angry or combative"), and only the lawyer and the sheriff appear to be aware of any previous brushes with the law.10

And when considering this factor, the Court is obliged to take defendant's criminal history, which is documented in the Pretrial Services Report, into account as well. Defendant was first arrested in Georgia in 2001. PSR at 4. He was charged with Driving Under the Influence of Alcohol and Marijuana Possession; the case was later dismissed. Id. In 2008, defendant was arrested in Lake Linden, Michigan, and initially charged with Assaulting/Resisting/Obstructing a Police Officer; he pled guilty to Disturbing the Peace. Id. In 2010, defendant was arrested in Houghton, Michigan, and charged with vehicle-related crimes: "Motor Vehicle - Operate Without Security," "Operate Owner Permitting Another to Violate Motor Vehicle Code," and "License Plate, Registration, Title - Unlawful Use." Id. One count was dismissed, and defendant paid a fine for the other two. Id. In 2011, defendant was again charged with Obstructing an Officer, this time in Waukesha, Wisconsin. Id. He pled guilty and paid a fine. Id.

Most seriously, defendant was convicted of felonies in two states after he led police officers on a high-speed chase in June of 2013. PSR at 4-5. Defendant, who was already traveling at more than seventy miles an hour when the police tried to stop him for speeding, rapidly doubled his speed. Id. at 5. He "traveled at rates of up to 145 miles per hour" while attempting to evade the officers, crossed state lines from Wisconsin into Michigan, and finally came to a stop "with smoke coming from the rear tires." Id. While the police were in pursuit, defendant swerved around other vehicles in no-pass zones, ignored stop signs, "nearly struck an eastbound motorcycle before swerving back into [his] lane of travel" (which almost caused the motorcycle to hit the pursuing officer), and "narrowly avoided a head on collision with an eastbound pickup truck." See Ex. 12 to Opp. [Dkt. # 18-13] ("Police Report") at 7-8. When defendant was arrested, deputies "found multiple empty beer cans in the back seat,"11 and defendant "was found to have a breath alcohol content of .07 percent." PSR at 5. Based on these events, defendant pled guilty to felony charges in Wisconsin in 2014 and Michigan in 2017, and he spent eleven months in jail in Wisconsin and one year in jail in Michigan.
PSR at 4-5.

Defendant attempts to minimize the significance of this pair of convictions by emphasizing that the events took place eight years ago, and that he has "extremely strong ties to his community." Mot. at 6. Also, at the bond review hearing, his attorney attributed defendant's recklessness to too much alcohol as opposed to a disrespectful attitude towards law enforcement. But eight years ago is not the distant past, especially since defendant was thirty-two years old at the time of the arrest, and the date of the second disposition, in Michigan, was reported by Pretrial Services to be December 11, 2017. PSR at 4.!2 In any event, on top of the fact that it was defendant who made the decision to combine alcohol with being behind the wheel in the first place, it is fair to say that even highly intoxicated drivers often pull over when the sirens begin to blare behind them. This defendant chose to place the lives of numerous officers, motorists, and bystanders at risk instead, and this is not the only offense on his record that relates to obstructing the police. These circumstances bear directly upon the assessment of his dangerousness, and they will weigh heavily in the analysis of the risk of flight as well. And, as the Magistrate Judge pointed out, defendant further showed his contempt for the law with his possession of multiple firearms notwithstanding these two prior felony convictions. See Order of Detention Pending Trial at 3.

The defense and some of the letter writers would have the Court overlook the firearms, too. They inform the Court that gun ownership is common in the Upper Peninsula. See, e.g., Letters at 4. This may be true, but it does not address the potential illegality of the gun ownership by a person with two prior felony convictions. Defendant's pleadings characterize the weapons that were seized as "unremarkable," Mot. ¶ 8, and counsel explained that defendant kept them only "for hunting and home protection." Id. ¶ 10. Defendant scoffs at the discovery of 'just two shotguns, an old rifle and a handgun," id. at 10, saying there is "nothing concerning about them," id, and that they are not "modern firearms," id ¶ 8, and he makes particular efforts to minimize the 7.62 mm, 39 caliber, Russian-made rifle. See Reply at 8 ("The SKS rifle that was allegedly found at Mr. Dresch's residence is not a modern rifle. Internet research shows that the SKS rifle was manufactured in Russia for its Army starting in 1945. The SKS rifle was last manufactured in Russia in 1958. The rifle allegedly found at Mr. Dresch's residence would therefore have to be at least over 60 years old.") (citation omitted).

But if the Russian rifle is of so little use, what would justify the quantity of 7.62 ammunition found throughout the house - in the dining room, the main bedroom, the top of the stairs,13 and even in the backpack that appears to have traveled with defendant to Washington?14 Ex. 2 to Opp; at 3-4; Ex. 4b to Opp. at 3. And if the pistol is just an old relic that belongs to defendant's mother, why does defendant have a supply of bullets for that as well; even more concerning, why was it loaded? ATF Search Warrant Inventory at 2. The Remington shotgun was also found loaded, id., and ammunition for that was in the dining room and a laundry basket on the front porch. Id. at 3; Ex. 4b to Opp. at 3. In sum, there was a weapon or ammunition in almost every room in the house, some of it simply characterized by the first set of officers as "8 boxes of misc. ammunition." ATF Search Warrant Inventory at 3. Is this unsecured and scattered collection of firearms and ammunition15 consistent with the sheriffs assurances that, in his community, "people are trained to respect the weapons for their intended use for sport"? Letters at 4. Is this how a responsible sportsman with a thirteen-year-old child in the house stores his equipment?16

Thus, while there are aspects of defendant's history and characteristics that count in his favor, there are also facts that weigh heavily in favor of detention, especially when one considers them in tandem with defendant's boast that law enforcement cannot stop him from doing what he wants to do, especially from "1000 miles away." Ex. 15 to Opp.

C. The weight of the evidence against the defendant

The weight of the evidence is strong. Defendant posted pictures and videos from within the Capitol Building on his social media accounts, and the posts from both before and after reveal that was where he wanted to be. Defendant acknowledges that the government has evidence that he was present in the Capitol. Mot. at 7 ("Admittedly, the government does appear to have video and pictures that show that Mr. Dresch was inside the Capitol with the protesting crowd on January 6."). And he recognizes that "this evidence might go some way towards helping it get convictions against Mr. Dresch for the four misdemeanor counts it has charged him with." Id. But defendant argues that there is limited support for the felony charge of obstructing an official proceeding: "t is less clear how the government can prove that Mr. Dresch intended his conduct to be anything more than an act of protest - as opposed to an attempt to actually obstruct Congress from performing its duties." Id

But as the Court has already detailed in connection with the first factor, defendant's own words and deeds are entirely consistent with the grand jury's determination that it was defendant's objective to enter the building to interrupt the official proceedings - or, as he put it, to "[s]top the steal." SOF ¶ 13; see also Ex. 8 to Opp. The timing of defendant's entry into the Capitol was hardly coincidental. It came on the date that Congress was set to certify the Electoral College vote count, and defendant had been posting about the significance of the date since mid-December. See SOF ¶ 14 ("NO EXCUSES! NO RETREAT! NO SURRENDER! TAKE THE STREETS! TAKE BACK OUR COUNTRY! 1/6/2021 =7/4/1776.").

Courts in other circuits have cautioned, though, that a district court assessing the evidence should not consider the weight of the evidence of defendant's guilt, but rather must consider only the weight of the evidence of defendant's dangerousness. United States v. Stone, 608 F.3d 939, 948 (6th Cir. 2010); see also United States v. Gebro, 948 F.2d 1118, 1121 (9th Cir. 1991) (holding that section 3142(g) "neither requires nor permits a pretrial determination of guilt").

All of this evidence gives rise to serious concerns in that regard as well. And while the D.C. Circuit may have implied that the unparalleled events of January 6 were a unique confluence of circumstances that have passed, Munchel, 991 F.3d at 1284 ("the specific circumstances of January 6 have passed"), defendant has made clear that he sees that date as part of a broader effort. As he stated a month before the trip: "[i]ts war everywhere if we let this election get stolen." Ex. 6 to Opp.; see also Opp. at 13. His view at the end of the day? "[ b]est day ever ... I think it was a good show of force ... look what we can do peacefully, wait til we decide to get pissed." Ex. 15 to Opp. And he announced the next day: "give the word and we will be back even stronger." Ex. 10 to Opp. [Dkt. # 18-12]. In the exchange quoted in his motion, defendant stated, "Trump's the only big shot I trust right now," Reply ¶ 8, and for Trump, the effort to-challenge the result of the election is not over. So it is quite concerning that in the very email that the defense asked the Court to consider, defendant agreed that "[y]a," a civil war "may be necessary some day." Id.

D. The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release

Here again, it is defendant's own pronouncements that give rise to significant concerns. On January 7, defendant went well beyond exulting in a political message conveyed on January 6 when he posted:

"it was grand ... best day ever ... I think it was a good show of force ... look what we can do peacefully, wait til we decide to get pissed."

"And look if they can't hold the capitol with thousands of cops, how can they tell us what to do 1000 miles away."


Ex. 15 to Opp.; see also Opp. at 16. After that, defendant got wind of how others were reacting to what had occurred, and he took particular offense at those who were identifying participants for the FBI. On January 11 and 12, 2021, defendant said, among other things:

• "[F]uckheads up there are mass snitching me to feds."

• "Look up []."

• "Fuck her ... call the cops bitch lol ... I ain't saying shit."

• " ... [i]when it's everywhere makes it so much harder to stop us."
Ex. 13 to Opp. (emphasis added); see also Opp. at 15. On January 12, he says more about the person he believed had posted information about individuals who participated in the attack:

• "Ya I looked at her shit and the ones commenting on it are the same."

• "Now they wanna snitch me out lol .. bunch of losers."

• "I sent her thing to tons of Patriots now it's gone haha."

Ex. 14 to Opp.; see also Opp. at 15-16. The record does not indicate precisely what defendant said when he sent the materials on, but his own observation was:

• "I'm sure I made a FBI folder but fuck it I know who my enemies are." Id. (emphasis added).

Given defendant's offer to return to Washington to engage in a similar effort to disrupt democratic processes again, his warning that authorities here cannot reach him at home, the utter contempt he showed for law enforcement and the safety of the community during the high speed chase, the threatening remarks directed at an individual who was reporting participants in the attack to the FBI, defendant's other convictions for obstructive conduct, and his knowing possession of multiple weapons and a considerable supply of ammunition after two felony convictions, the Court has clear and convincing reasons to believe that defendant poses a danger to the community that cannot be alleviated by the imposition of any conditions.

III. The Court finds by a preponderance of the evidence that there is a risk that defendant will fail to appear.

All of this evidence also supports a finding by a preponderance of the evidence that there is a risk that if released, defendant will fail to appear for trial. Defendant maintains that the presence of family and friends and his long-standing ties to the community suggest that he would not leave the Upper Peninsula to abscond to Canada. But the concern is not whether he would up and move to another country; the concern is whether he will conform to his obligations and appear in this Court, and respect its orders when he is supposed to. Defendant has given the Court plenty of reasons to be concerned that he will be resistant to reappearing if released, and that it would not go well if the Court had to send the U.S. Marshals to collect him. Defendant's criminal record, and the evasive and obstructive conduct that the felonies represent, weigh heavily against defendant's release, just as they would in the case of a local defendant - with real ties to this community - in any other case in this courthouse.

For all of these reasons, defendant's motion to be released on bond will be DENIED.

AMY BERMAN JACKSON
United States District Judge

DATE: May 27, 2021

_______________

Notes:

• From R.G. (defendant's childhood and lifelong friend): "[Defendant] is an intelligent individual, and a very caring friend. He is generous, always willing to help a friend in need. . .. I have never seen [defendant] act violent, lash out, or even act physically or verbally aggressive or confrontational toward anyone. He is a kind, sensitive, thoughtful individual, who has strong political beliefs, but is not a threat to anyone, ever .... It saddens my heart to know that [defendant] got caught up in everything that happened in January." Letters at 2.

• B.Y. (defendant's neighbor and friend): "[Defendant] is a fine, upstanding, conscientious young man, a good father, ... and a wonderful son. He is a hard worker and has always been someone that others could count on to do a good and thorough job, such as shoveling snow as a teenager for older neighbors and helping his mom with difficult maintenance jobs in her home .... There is not a malicious bone in his body. I believe in his integrity and goodness as a person." Id. at 3.

B.M. (sheriff of defendant's county of residence): "The Dresch family has always had a good and solid reputation here .... I believe [defendant] to be more a follower who went to have his voice heard and got caught up in the crowd and followed in and posted his photos to prove to everyone that he had made his statement." "[T]here were weapons [law enforcement] found at [defendant's apartment], but nearly all homes here have weapons." Id. at 4.

• T.L. (pastor of a local church): "[Defendant and his wife] are not yet members of the church." "We have shared a few meals together, and [defendant] has done some work for the church. . . . That is the extent of our relationship." "[As] a fairly quick judge of character ... I do not believe that [defendant] is any real danger to our community or government. I 'think' that [defendant] got wrapped up in a movement and made some very foolish decisions." Id. at 5.

• R.P. (knew defendant since defendant was five): "[Defendant] has been a polite and kind young man. He is the kind of son who helps his elderly mother. . . . He also does heavy chores for her." "[Defendant] is also a good father to his 13-year-old son who, needs him in his life." Id. at 6.

• D.C. (defendant's childhood friend): "I have grown to know my friend as a kind, caring, and thoughtful person with little to no ego .... [Defendant] has a brilliant, articulate, keen mind. . .. In all the years I've known him, I've never seen him with a temper, never seen him yell at anyone. Violence is not in his nature, he would never be capable of it, nor would he ever condone it." "[Defendant] believes in high moral values, love and thoughtfulness, along with the truth." Id. at 7.

• R.S. (defendant's neighbor): "[Defendant] has always been a very polite considerate young man - a good member of our community .... He did participate in the Jan 6th uprising. Perhaps he was misled by the former President Trump's rhetoric and conspiracy theorists. [Defendant] is a fine young man. He would never have any evil intentions of any kind." Id. at 8.

• L.M. & R.M. (defendant's aunt & uncle ): "[Defendant] is a talented man with an excellent work ethic .... In our observation, [defendant] has been respectful and considerate of the family, old and young. He is not an angry or violent person." "May it be taken into consideration that no damage or violence was exhibited by [defendant]." Id. at 9.

• T.S. (defendant's childhood friend): "In the countless great times I have spent with [defendant] I have never once seen him angry or combative." "It would be a great disservice to justice to persecute this man for supporting the cause of freedom and truth. I implore the court to consider the reality of the events of January 6th and not to the sensational headlines that media has chosen to paint what happened that day with ... I know [defendant] was not there to do anything other than support a cause he believed in." Id. at 10.

• A.P. (defendant's longtime family friend): "While [defendant] may have been in the wrong place at the wrong time and got swept up in the unfortunate events of the day, I cannot imagine that he had any intent to inflict injury to persons or property." Id. at 11.

• F.W. (has known defendant for twenty-five years): "[Defendant] has always enthusiastically embraced the U.S. Constitution and the Bill of Rights but is not inclined to violence or destructive behavior." "[Defendant] is certainly not a 'rabble-rouser' and while his passions for his country and patriotism for the American people sometimes carry him to over-enthusiasm, his actions do not warrant further incarceration!" Id. at 12.

• P.L. (defendant's longtime friend and local attorney): "[Defendant] has very strong political views concerning government, in particular the legislative and executive branches, and law enforcement." "[T]o be candid, [defendant] has occasionally exercised rather poor judgement." "I have never known [defendant] to be violent in any way nor do I believe him to be flight risk nor a person who would obstruct justice." Id. at 13.

• S.F. (casual acquaintance of defendant for past two years): "I can vouch for [defendant's] sincere friendly character, morals and integrity over the time I have known him." Id. at 14.

• J.B. (member of the public school administration): "I am hoping that you will be able to see [defendant] as a good person separate from his entering the Capitol. I truly believe that he got caught up in the emotions of the crowd. . .. In [ defendant]'s case, he has also been vilified in the press both nationally and locally. People in Houghton County ... have unfairly been called extremists. This couldn't be farther from the truth unless one is an extremist merely by virtue of being a Republican." Id. at 15.

2 President Trump's Twitter account is no longer accessible, but the tweet was widely reported on at the time. See, e.g., Trump promises 'wild' protest in Washington DC on Jan. 6, claims it's 'impossible' he lost, Fox News, https://www.foxnews.com/politics/trump- ... n-dc-jan-6 (Dec. 19,2020).

3 Defendant regularly uses ellipses in his messages. Though defendant often did not space out his ellipses, e.g., writing ... rather than . . ., the Court has taken the initiative to space out ellipses even when quoting defendant in order to improve the readability of the messages.

4 This video was posted shortly after midnight, so the date is technically January 7, 2021. SOF ¶ 20.

5 The Court has chosen not to include this person's name.

6 In the reply, the defense emphasized, "[t]hus, it appears that at least three of the four guns found at Mr. Dresch['s] residence had initially been placed there for storage several years before Mr. Dresch even moved in." Reply ¶ 12. But at the hearing, counsel did not dispute that defendant knew they were there. The Pretrial Services Report reflects that as of the time of the search, he had been living in the house for more than three years (since January of 2018). Pretrial Services Report [Dkt. # 21] (SEALED) ("PSR") at 1. And while defendant's mother averred that she stored the guns in a closet at least ten years ago, see ATF Materials at 1, the Russian made rifle that had been her husband's was found in the master bedroom. See ATF Search Warrant Inventory.

7 Defendant did generally encourage others to join the cause. For example, defendant posted, "NO EXCUSES! NO RETREAT! NO SURRENDER! TAKE THE STREETS! TAKE BACK OUR COUNTRY! 1/6/2021=7/4/1776." SOF ¶ 14. However, this does not rise to the level of leading or coordinating.

8 As another court in this district has noted, "If defendant truly believes that the only reason he participated in an assault on the U.S. Capitol was to comply with President Trump's orders, this shows defendant's inability (or refusal) to exercise his independent judgment and conform his behavior to the law." United States v. Chansley, No. 21-cr-3, 2021 WL 861079, at *10 (D.D.C. Mar. 8, 2021); see also United States v. Whitton, No. 21-cr-35-5, 2021 WL 1546931, at *12 (D.D.C. Apr. 20, 2021) ("While the certification of the 2020 Presidential Election is now complete, and President Biden has taken office, the Court is not convinced that dissatisfaction and concern about the legitimacy of the election results has dissipated for all Americans. Former President Donald J. Trump continues to make forceful public comments about the 'stolen election,' chastising individuals who did not reject the supposedly illegitimate results that put the current administration in place.") (citations omitted).

9 Many of the letter writers did not appear to know the forty-year-old defendant very well although they knew or thought well of his accomplished father and mother, who were prominent members of the community. See generally Letters (reporting that he is "a fine, upstanding, conscientious young man"; "certainly not a 'rabble-rouser"'; "a polite and kind young man"; "a very polite considerate young man.").

10 The Court also received a letter from a Michigan resident asking that defendant be detained pending trial and emphasizing the seriousness of his conduct. See Letter to the Court [Dkt. # 22] ("I support your decision to keep Mr. Dresch in jail for two reasons. First because of his own behavior but equally so because of the context of domestic terrorism.").

11 The PSR only mentions empty beer cans, but the police report states that officers found not just empty beer cans, but full beers, an almost empty bottle of tequila, and another half full bottle of liquor. See Police Report at 9.

12 These facts suggest that the Court cannot put much stock in the sheriff's statement that "although in his teens [defendant] had a few brushes with local law enforcement ... [he] settled down a lot as he grew older." Letters at 4.

13 The area at the top of the stairs is variously treated as an open area, a closet, and a "hall room," so though the reports vary with how they characterize this area, the Court is under the impression that these discoveries may all be from the same area.

14 The backpack also contained a January 5, 2021 receipt from a gas station in Hagerstown, Maryland. Ex. 3 to Opp. [Dkt. # 18-3] (noting miscellaneous papers and unattached photos of such); see also Opp. at 6.

15 The amount of ammunition, the fact that the weapons were not all secured in the closet where defendant's mother supposedly stored them a decade ago, and the assertion that defendant had the firearms on hand for hunting and for protection are all inconsistent with counsel's suggestion at the hearing that defendant did not "possess" the guns.

16 Defendant also attempts to stir up suspicion about the origin of the weapons based on the fact that only two guns were observed and seized during the initial search on January 19, and that the house was left unattended and unlocked between that time and the January 21 search by the ATF agents that produced two more firearms. He argues that "it appears that some, if not all, of the items may have been placed in the residence after the first search." Reply, ¶ 13. At the hearing, the government emphasized that the first set of agents was not there to look for firearms. But in addition, a close look at what was found on each date undermines the suggestion that the guns were somehow nefariously planted in the interim. Defendant's mother asserted ownership over "the Russian rifle, the Glock, and one of the shotguns," ATF Materials at 1, and she averred that at some point between 2008 and 2011, she placed them all in "upstairs bedrooms closets." Id. The Russian rifle was found the first day, along with one shotgun. Search Warrant Inventory at 3. But it was the Glock pistol and the second shotgun that were recovered two days later in upstairs closets, where defendant's mother stated they'd been stored. ATF Search Warrant Inventory at 3. And it is the Glock and its ammunition that defendant's mother asked to have returned. ATF Materials at 1.
admin
Site Admin
 
Posts: 36171
Joined: Thu Aug 01, 2013 5:21 am

PreviousNext

Return to United States Government Crime

Who is online

Users browsing this forum: No registered users and 6 guests