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 Operation78. 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 Operation97. 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."