Steve Baker - TPC
News • Politics • Writing
Thanks for visiting the TPC Locals community. We're in the fight for Constitutional liberties and small government, for the long haul. We hope you'll join us.
Interested? Want to learn more about the community?
A Foundation Built on Lies

As I’ve been teasing for a week, I’m working on an expository story about one of the Oath Keepers who has been charged with “seditious conspiracy.” At present, I’m only prepared to offer another teaser.

The individual in question has other serious charges to which he must answer, but before his indictment was upgraded last month to one of sedition, he was already facing accusations of violence against law enforcement officers and participating in the damage of property — specifically to the Columbus Doors on the east side of the Capitol Building — to which the government has been unable to produce a shred of evidence. In fact, both his individual indictment and the more recent 11-person sedition indictment are full of blatant falsehoods and contradictory statements. Following is but a quick primer to what is coming.

In the initial Criminal Complaint and Arrest Warrant of United States of America V. XXXXXXXX, it states:

“Law enforcement and news-media organizations observed that members of an organization known as the Oath Keepers were among the individuals and groups who forcibly entered the Capitol on January 6, 2021.”

But, in two different footnotes of that Compliant, the FBI “affiant” produces two links which contradict that assertion. The first, is a YouTube video. ( https://www.youtube.com/watch?v=b76KfHB0QO8 )

At 3:08 of the provided video link, Oath Keepers can be seen moving toward the east side doors. There’s a hard cut in the video at 3:31 where the doors can be seen already open, but the Oath Keepers are still not near the doors and haven’t yet entered. The Oath Keeper logo can be clearly seen on the back of the helmet of one of them, while they are still several layers of protestors deep, away from the already opened door. When those doors opened, between 75 and 100 people swarm around the Oath Keepers and enter in front of them while they hold their ground before themselves entering. This fact is also confirmed in videos released by the government from interior security camera videos released last week. Some of those videos are still under “seal,” but this information is coming from a variety of defense attorneys who have viewed them during their discovery process. Those videos also clearly reveal an individual who smashed those doors’ windows. He was not an Oath Keeper. He has been identified by online “Sedition Hunters” as #pencilbeardinsider.

On a side note, #pencilbeardinsider is actually one of three rioters who smashed the Columbus door windows. He can also be seen in another video with John Sullivan, (aka “JaydenX — the known Antifa/BLM agitator who videoed the killing of Ashli Babbitt), alluding to Sullivan, in a joking manner, that he’d smashed those windows. Despite the fact there are several clear facial photo and video captures of #pencilbeardinsider, ( https://seditionhunters.org/pencilbeardinsider/ ), he has apparently not been identified or arrested. (More questions, hmmm?)

I have acquired the personal cell phone videos of the Oath Keeper I’m investigating. His own video, (linked to this story), shows their entry through the Columbus Doors, how many people proceeded them, and that the Rotunda entrance was already packed with other protestors before they pass through the previously opened doors.

The second of those aforementioned footnotes in the original Criminal Complaint and Arrest Warrant is a link to a New York Times article, ( https://www.nytimes.com/interactive/2021/01/29/us/oath-keepers-capitol-riot.html ), which states:

“Minutes after the east doors of the Capitol are breached, Oath Keepers including XXXXXX, XXXXXX and others we tracked are walking in military-style patrol formation up the steps toward two members already at the top.”

“Minutes AFTER the east doors of the Capitol are breached . . . “

The very article footnoted by the FBI affiant contradicts the government’s compliant and implications, which continues in subsequent paragraphs:

“Surveillance video from inside the Capitol shows this ‘stack’ of Oath Keepers (and other members of the crowd) shortly after they breached and damaged the doors to the Capitol.”

And:

“Members of the ‘stack’ of Oath Keepers that forcibly entered the Capitol then congregated inside the north section of the Rotunda, as seen in surveillance video from inside the Capitol:”

Except, video evidence clearly shows the Oath Keepers did not forcibly enter, neither assaulting police or doing damage to those doors.

In the Seditious Conspiracy indictment, dated January 12, 2022, the Oath Keeper I’m investigating is included in the Count 5 charge, “Destruction of government property.” He did not, and no video exists backing that claim. Also note the lawyerly implication and prevarication of fact from Paragraph 9 of the sedition indictment:

“Stack One joined a mob of people, some of whom attacked officers . . . Attackers assaulted officers using pepper spray, flagpoles and numerous improvised weapons and projectiles. They also disarmed the officers by stealing their shields and pushing them away from Rotunda Doors.”

This kind of language leads a Grand Jury to believe the Oath Keepers were part of that group who assaulted and disarmed officers. They did not.

In the linked video, (below), made by the Oath Keeper for whom I’m developing a more complete story, their entry can clearly be seen to NOT include any violence or property destruction. As previously mentioned, there are many other questions and charges which I will soon address, but this foundational presentation of lies and false implications seriously undermines the government’s case.

—————

We are looking for truth tellers or whistleblowers from among those in the DOJ, Capitol Police, FBI, US Marshals, Special Forces units, or other agencies, who are willing to step forward and help American citizens know the complete truth behind what took place leading up to and on January 6th. Many participants that day committed egregious crimes and are deservedly facing prosecution. Others are being scapegoated to cover up even more serious crimes yet to be revealed. If you are one of those, please come forward.

00:01:26
Interested? Want to learn more about the community?
What else you may like…
Videos
Podcasts
Posts
Articles
Live Streamed on December 2, 2022 1:00 PM ET
Live Stream with Steve at Top of Hour (1pm-ET)

Hey guys! I'm still in DC, but preparing to leave in the morning. Please join me - if you can - for a quick update on what I've been up to since Tuesday's verdict, where I'm headed next, and little vision-casting into next year . . . 1pm-ET . . . right here, at this link

00:55:00
live_stream.pdf
Live Streamed on September 28, 2022 10:00 AM ET
Wednesday Morning Live Stream

Whew . . . I ended up getting all 'Glenn Beck' on this one, when I read back the "Love Letter" article I wrote this morning. Be sure and check it out:

https://thepragmaticconstitutionalist.locals.com/post/2804635/passing-a-love-letter-in-federal-court

Otherwise, it is a full recap of the Houston child trafficking story and my upcoming coverage of the Oath Keepers' trial.

00:40:56
Important Video Update

Only 20 minutes. Please check it out. Quick updates on Houston child trafficking case and my upcoming coverage of the Oath Keepers trial in DC.

On the road today. More to come!

00:22:02
My Appearance This Morning on TNN Live w/ Dan Newman

A quick update on the current chaotic state of affairs with the Oath Keepers trial.

My Appearance This Morning on TNN Live w/ Dan Newman
Good Morning from the Swamp!

I tried - twice last night - to record a Day 10 of OKs trial podcast update. 33 minutes into my second attempt, I just mentally cracked. It's just exhaustion and info-overload. But, I do have the link to my TNN interview yesterday, (audio file attached here).

I'm also being interviewed by Julie Kelly tonight. She's been following and sharing my daily Tweetstorm. That may also have to serve as my Day 11 report.

Anyway . . . I am posting my raw Tweetstorm notes here, everyday now, for those of you who aren't TL;DR.

Time to get to work!

Steve

Good Morning from the Swamp!
Playback From My TNN Report Yesterday

Stepped out of the courtroom to speak live with Dan Newman yesterday morning. Here's the playback.

Playback From My TNN Report Yesterday

I’ll have much to say about this in coming days. (Buckle up. 😏)

post photo preview
More Republicans Died Than Democrats after COVID-19 Vaccines Came Out?

The last paragraph is kinda frightening:

"And if indeed that’s the case, it suggests that policy makers should be looking at vaccine-promoting interventions specifically targeted at Republicans..."

Yeah . . . they actually said that. (Whew.)

I've only skimmed over the underlying data and methods used in this study, (linked at bottom of the article), but I'm dubious about their conclusion - for one primary reason - and I'm not sure that is accurately ferreted out in the study. Namely, according to Pew Research polling, those voters over 65, (the danger zone for COVID), tend to be Republican/Lean-Republican at higher percentages, while those in that 25-year old range tend to be Democrat/Lean-Democrat at a higher percentage.

That alone would be enough to skew the results - and I'm not sure they adjusted for those factors - but, then also only doing their sampling in Ohio and FLORIDA, (with the latter's more aged population), should be more than enough to provide for a predetermined ...

The Morning After - Steve’s Report on the Oath Keepers Trial Verdicts, with Dan Newman of TNN Live

It was a long night following the verdicts that came down yesterday. (You can hear it in my voice.) Dan Newman had me on his show (TNN Live) this morning to offer up some of my initial thoughts about those verdicts in the two-month long Oath Keepers trial.

Also available on all major podcast platforms.

https://thepragmaticconstitutionalist.podbean.com/e/the-morning-after-steve-s-report-on-the-oath-keepers-trial-verdicts-with-dan-newman-of-tnn-live/

post photo preview
Deus Ex Machina: Hold My Beer
SarcDamTastic Makes Another Appearance

For those unfamiliar, deus ex machina is a fiction plot device whereby some unsolvable problem is made right because the sorry-assed author ran out of ideas - and had to make some weird sh-t up that would never ever happen - in order to square the circle. It’s a device of the lazy and untalented writer.

 
Like, for example, say, a billionaire lefty hero producing enviro-friendly cars becomes the most hated man on the left after he buys a social media app. Or, maybe sparsely desert communities take three weeks to find, er, count, a few dozen ballots - while one of the nations biggest states was done in time for Leno . . . or whoever. 
 
Or, try this -  the scientific community of the world’s most developed nation insists that men can have periods and get pregnant, while mandating a vaccine against a mild flu -  that does not vaccinate and in fact, probably kills you - because it is being pushed by people who want to de-populate the planet. All of this is happening because a 50-year bureaucrat, not tall enough to get on half the rides at the state fair, out-maneuvered and bullied his large arrogant boss - who was President by the way - to become god of the solar system. Unelected. 
 
Nah, no one would believe that sh-t. I know I wouldn’t - which makes living in this nation now very challenging. At least we can’t be imprisoned for thought crimes . . . oh, wait.  
 
Sheesh, who’s writing this stuff? 
 
So to recap the real world outside the banana republic bubble of the District of Nicaragua - I mean Columbia - the red wave split, becoming a red trickle in 49 states and a red freaking tsunami in one state. In a totally unrelated story, that state had the nation’s most secure election laws. Will the coincidences never end? 
 
And Ron DeSantis, who stays 15-20 pounds over stylish because, by God, a man should have at least ONE flaw, continues to govern and communicate like no one we’ve ever seen. And we’re not talking about Wyoming or a Dakota here. As a result we’re seeing all kind of weird behavior from Trump Ex Machina. More on that later . . . 
 
 

 

Read full Article
post photo preview
Steve's Thoughts on the Closing Days of the Oath Keepers Trial 
Video and Audio Podcast Links, w/ Transcript

The fates of Stewart Rhodes, Thomas Caldwell, Jessica Watkins, Kelly Meggs, and Ken Harrelson are now in the hands of the jury. The final days and closing arguments were not without surprises and more blatant mischaracterizations of the facts by the government. 

(Video and Audio Podcast Links, w/ Transcript, included. Also available on all major podcast platforms.)

VIDEO: https://rumble.com/v1wqyxo-steves-thoughts-on-the-closing-days-of-the-oath-keepers-trial.html

AUDIO: https://thepragmaticconstitutionalist.podbean.com/e/steve-s-thoughts-on-the-closing-days-of-the-oath-keepers-trial/

Transcript below:

-----

 

It’s Wednesday - the day before Thanksgiving. As you can see from the tree behind me - here at my AirBNB in DC . . . all the leaves are gone. When I first started podcasting from here, that tree was full and green. Then they began to turn with the autumn colors, then brown . . . now bare.

 

That’s how long I’ve been here, covering the Oath Keepers trial - from day one until the closing arguments . . . and now, as of yesterday morning . . . the fate of these five defendants are in the hands of the jury.

 

They only had one full day of deliberations - yesterday - before the holiday break. They will resume this coming Monday.

 

Being that it’s a multi-defendant trial, with so many different charges against each individual - including the incredibly complex conspiracy charges - I was pretty sure there was no way this jury would come back with a verdict on day one. Regardless of their own personal and political predispositions, I think even they believed they needed to give each defendant’s unique case, their own charges, and the evidence for and against, a decent once-over before coming back with a verdict . . . or some combination of guilty, not-guilty, or even being ‘hung’ on some charges.

 

At the very least - they need to put on a show. A quick verdict in such a complex case would scream that “the FIX was in.” Still . . . so cocksure was AUSA Jeff Nestler, he confidently told one of the defense attorneys - while leaving the courtroom on Monday - that he fully expected an unanimous guilty verdict to have been presented yesterday.

 

Well . . . that didn’t happen . . . so after I take a couple days to spend with my kids for Thanksgiving, I’ll be back in the courthouse on Monday - verdict watching - until these five defendants’ fates are declared.

 

I’ve got a lot to say about this trial. And much more will be said over time, as I break down various bits and pieces and try to draw more accurate conclusions . . . but I’m going to share with you some of my most recent thoughts and observations - especially at what took place in the last couple of days - focusing on the closing arguments made.

 

Let me get my one commercial out of the way, first . . . 

 

——

 

They say you “have not because you ask not” . . . so . . . here’s the need.

 

I simply can’t do this without your support. Like the MSM journalists I’ve shared the media room with over the last eight weeks - I’m not drawing a paycheck from one of those media giants. The expenses of doing this are 100% on me, and  . . . possible only because of the generosity of those who believe in what I’m doing.

 

Being in DC this many weeks  - honestly - has taken a tremendous toll. Not just the obscene expense of being here - but also that which is called the “lost opportunity costs” of paying no attention to my other career in the music business.

 

It’s no easy feat reinventing ones self at any age - but between the COVID lockdowns, January 6th, and the severe economic downturn - fate seems to have forced me into this new phase of life. I’m not complaining . . . I believe this is what I’m suppose to be doing . . . but that transition has not yet been paid for.

 

I have nothing to sell. I can only do this . . . whether it’s covering the Oath Keepers trials, chasing down a child trafficking operation in Texas, revealing the lies of the COVID tyranny, or whatever else is next in line . . . with your support.

 

Here’s the easiest three ways to help:

 

Please follow and subscribe to our Locals community for as little as $5 per month. It’s actually free to subscribe as a ‘read-only’ member - but you can get full membership privileges - including the ability to post your own content, and to receive ‘supporter-only’ content I don’t post to any of our other social media platforms.

 

Or . . . you can get two free months with an annual subscription of only $50.

 

Finally - if you simply don’t wish to be obligated to a subscription of any kind, you can make a one-time donation of any size. Just go to:

 

the pragmatic constitutionalist dot locals dot com

 

Or . . . go to your app store and download the Locals app, then search for:

 

@TPC4USA

 

A little insider info . . . Because of Apple and Google app store rules related to setting up subscription services through their approved apps, it’s easier to set up your Locals subscription on your computer or device browsers . . . so the best thing to do is go to:

 

the pragmatic constitutionalist dot locals dot com

 

One final note . . . despite the generosity of some, the expenses for covering this Oath Keepers trial here in DC hasn’t come close to being covered. And, I’m now being asked to cover another J6-er’s trial - not as big as this one - but every bit as important. Those $5 monthly subscriptions are important, but I need a couple of you who have the capability to help offset the lion share of these expenses with a single donation to come forward, if you can. 

 

I was blessed to have one such contributor to the child trafficking case in Houston - which I’ll be going back to, very soon . . . there’s a lot left on the table down there  . . . and I hope someone - or a couple of someones will feel led to help with these current projects and stories. They are making a difference. 

 

Okay . . . thank you. Back to the report on the last days of the trial . . . 

 

——

 

I haven’t done a video update on the trail for several days - frankly - because I was simply overwhelmed with all that was happening toward the end of last week.

 

We fully expected that closing arguments would begin as early as last Wednesday afternoon, until attorney Jonathan Crisp - representing Jessica Watkins - pulled a shocking surprise by calling his client to the stand to testify on her own behalf.

 

Crisp had not shared this with anyone. Not the other defense attorneys - not the government attorneys - and not Judge Mehta.

 

Immediately upon calling Watkins to the stand, the media room gasped aloud. . . then Crisp informed the Court . . . “this may take awhile. Do you want to break for lunch before we begin?” 

 

Mehta was shocked, and immediately called a sidebar. When he returned from sidebar, he dismissed the jury for lunch. Then Judge Mehta said . . . “it would have been nice to know this when I talked to the jury earlier,” . . .  (about the remaining schedule for the week.)

 

Mehta was openly pissed, and then stormed off the bench. His hopes for a verdict before Thanksgiving was shot to hell.

 

Another interesting aspect of this judge’s feigned impartiality in this case, is his long history directly with Watkins - going all the way back to her initial arrest. He’s had her case since the very beginning. On February 26, 2021, Judge Amit Mehta said this during one of her earliest detention hearings:

 

“She was not just a follower. She was higher up in the chain. She was a recruiter and did recruit others to participate in the events of January 6 … She is not just a foot soldier. She is someone planning, organizing larger groups of people.” 

 

Of course . . . Jessica Watkins was no leader in the Oath Keepers. She had just the year before attempted to establish her own militia - the OSRM - Ohio State Regular Militia . . . which never had more than six members. That she was, “someone planning, organizing larger groups of people” was a lie then, and persisted as a lie during the government’s case against her in this trial.

 

Watkins testimony and cross examinations did not end until the next day. Then, the government called one final rebuttal witness - FBI Agent Harris . . . for this third time on the stand in this trial . . . to button up some of their arguments . . . then Mehta began his long set of jury instructions to conclude Thursday’s session.

 

First thing Friday morning, AUSA Kathryn Rakoczy began the government’s closing summation with a blatant distortion of facts - quoting Stewart Rhodes - when he said:

 

“We are not getting through this without a civil war. Prepare your mind, body, and spirit.” 

 

That IS what he said - somewhere, sometime . . . but Rakoczy then followed the quote by saying Rhodes had “called” for civil war. 

 

No. That’s NOT what he said. He said to “prepare,” he did not “call” for civil war.

 

I’m not interested in defending Rhodes’ more hyperbolic, often conspiratorial language about either Trump calling for the Insurrection Act, or what he personally believes about the direction of this country under a “Chi-Com puppet regime.” (The Biden Administration.) 

 

The fact is . . . from the very beginning, I’ve said this trial was about the “scary words” uttered by Rhodes and some of the other of four defendants. It has never been about their “scary deeds.” Those did not happen. They were not “planned” - as the government asserts - but they said a lot of harsh things before, during, and after January 6th.

 

Sometimes things they were PREPARED to do, if needed. Sometimes things they were WILLING to do if either Antifa launched a major offensive at any of the events for which they provided personal security details, and then . . . after January 6th . . . things they COULD HAVE DONE had certain circumstances presented themselves.

 

What the government never was able to do, was to present evidence of actual PLANNING or ORDERS from Rhodes and the other defendants to commit the actual crimes for which they were charged.

 

Time and again, under cross examination, the many FBI Special Agents presenting testimony against the Oath Keepers were forced to admit that they had no messages, chats, phone call transcripts, or written orders for that total of 14 alleged co-conspirators to either “storm the Capitol,” “hunt Congress members,” or “stop the certification of the electoral college vote.”

 

And - mostly importantly - nothing these five defendants did on that day accomplished any of those stated crimes.

 

Only three of these defendants even entered the Capitol . . . for less than 20 minutes . . . they formed a circle and prayed in the Rotunda. They took up position between officer Harry Dunn and see of the more aggressive protestors, keeping those protestors from forcing themselves against Dunn and the staircase he was defending with an M4 rifle . . . diffusing the situation. Then, they left the building - voluntarily - under no compulsion from any law enforcement officer.

 

Only Jessica Watkins got caught up in a shoving scrum where protestors were trying to force their way toward the Senate chamber - an action for which she took full responsibility - and for which her own attorney ultimately said she should be found guilty.

 

Neither Stewart Rhodes or Thomas Caldwell entered the Capitol building. 

 

During the Government’s closing argument, AUSA Rakoczy’s hyperbolic exaggerations of her assertions were every bit as egregious as any of the inflammatory talk between some of those Oath Keepers. The difference is, THEY never actually carried or used any weapons on anyone. But some of these defendants had SWAT teams raid their homes with red dots trained upon them from automatic weapons - and four of the five have been held at gunpoint for many months. Some, almost two years now.

 

During Thomas Caldwell’s testimony, we learned the raid on he and his wife’s VA farm occurred on a pre-dawn January morning. In the winter cold, with bullhorns blaring, the 69-year old, 100% combat disabled veteran, was forced outside and onto the ground - in his underwear - while red dots were trained on his 60-something year old wife - wearing nothing but her thin nightie. 

 

Caldwell never entered the Capitol building. He’s never been a member of the Oath Keepers. But . . . he has the salty language of a 20 year military veteran.

 

Caldwell was a naval intelligence commander. Also worked for the FBI after retiring from the Navy., and has never been arrested or charged with a crime in his lifetime. At his arraignment, the FBI lied to the judge - not only obscuring his service record and time with the FBI, but told the judge he had an extensive criminal record. 

 

Obviously, those lies were revealed in court, but the government was undeterred as they proceeded with their closing arguments, filled with extensive distortion of language, intentions, their actions leading up to January 6th, and finally what they were doing on the day.

 

When it was their turn, the Defense teams came out swinging for the fence in their closing arguments, literally calling the government’s case a pack of lies and mischaracterizations of the facts, timelines, and truth itself.

 

Over and over again, each attorney - in defense of their clients - pointed out that every time they cross examined the many FBI agents, none of them could produce written or verbal evidence of any orders or commands for these defendants to “storm the Capitol,” “hunt Congress members,” or “stop the certification of the election.”

 

Interestingly - late in the trial - the government, realizing this was happening, switched their theme from trying to assert an EXPLICIT plan to do those things, to the assertion that they were all acting on an IMPLICIT plan to do so.

 

The government’s case went from one based solely on a conspiracy of SCARY WORDS, to one of a THOUGHT CRIME. In fact - they begin stating that the seditious conspiracy itself could very well have happened as late as when some of these defendants were on the steps of the Capitol . . . almost via telepathic communication with one another.

 

Never mind the fact that via their own evidence presented, when Rhodes and his operational leader, Michael Greene began trying to gather the Oath Keepers together to leave the Capitol grounds . . . at around 3pm . . . the messages being sent clearly said for those “not still on mission” to meet on the NE corner of the building.

 

Not on MISSION? What was that mission? It was the seven different personal security details various OKs were engaged in . . . before the whole security operation was shot to hell by the massive rioting that occurred BEFORE they arrived on the Capitol grounds.

 

But, in AUSA Jeffrey Nestler’s final rebuttal to the defense closing statements, he switched gears yet again:

 

Despite the fact that during the entire trial the government tried to diminish the  veracity of those personal security details the OKs were performing . . . they had been hit with the evidence of actual PERMITs issued by Capitol Police for the staging and VIP speakers on the Capitol lawn - to which OKs were escorting their protectees to the Capitol from the rally at The Ellipse. There was also incontrovertible video evidence of those escorts taking place.

 

Instead of continuing to dismiss the OKs PSDs on the 5th and 6th - Nestler finally said that those security details were nothing more than diversions . . . a COVER for their actual IMPLIED intentions to attack Congress and HUNT Congress members.

 

Sitting in the media room - listening to those new assertions and distortions of the presented evidence, my blood was boiling . . . as this would be the last thing the jury members would hear before they began their deliberations. 

 

Not a presentation of evidence or facts . . . but a BRAND new assertion that these five unarmed individuals, along with 9 other indicted co-conspirators were somehow going to overwhelm the Capitol Police, the DC Metro Police, elements of police agencies from VA and MD - along with tactical units of the FBI, ATF, US Marshals, and embedded Army special forces in the crowd. 

 

Against all these - unarmed - they were going to overthrow the government of the United States.

 

THAT is the absurdity of what this jury is being asked to believe.

 

Further - from the government’s opening argument to their final closing, they told the jury that the OKs were the LEADERS of this attack on our democracy.

 

LEADERS! Despite the fact that not a single Oath Keeper was present at the initial barricade breach at 12:42pm. (They were still at The Ellipse - in the VIP section were President Trump was speaking - cleared by the Secret Service to be there.)

 

LEADERS! Despite the fact not a single OK was engaged or even present in that initial battle line on the lower west terrace - where LEOs were being attacked and assaulted.

 

LEADERS! Despite the fact that not a single OK was present when those actual LEADING provocateurs broke that first west side Senate wing window . . . crawled through, and opened that door to hundreds of protestors who then poured into the Capitol over the next 25 minutes.

 

LEADERS! Despite the irrefutable video evidence that not a single OK pushed upon the east side doors - from the INSIDE . . . while the OKs were singing the National Anthem on those east side steps.

 

No OK ever participated in the breach of a single outer barricade, busted a window, or so much as pushed open a doorway. But . . . someone did. Someone LED those assaults on LEOs. Someone opened those west side doors, then moved through and around to open those east side doors. But it wasn’t the Oath Keepers.

 

Not only did the government never prove that the OKs had a conspiratorial connection to those actual LEADERS who breached barricades and opened doors . . . the government never made an attempt to make those connections.

 

Basically, the government’s theory is that the OKs knew this was all going to take place, and that they used the facade of providing security details as a cover for their intentions to march toward the Capitol and then . . . when the “OPPORTUNITY” presented itself, they were to execute the interruption of the election certification.

 

Not stated. Not ordered. Just IMPLIED. An IMPLICIT conspiracy to overthrow our government . . . unarmed . . . by 14 unarmed people.

 

It’s just a maddening absurdity.

 

As I’ve said before . . . if that truly was the plan . . . this, the alleged conspiracy . . . these were the stupidest 14 individuals in the history of warfare, civil war, and insurrection.

 

That our government can make this accusation against these 14 individuals requires a complete suspension of logic and common sense. BUT . . . half of this country operates and makes their judgements about all things political ,based upon their FEELINGS, rather than on FACTS. 

 

And, this is a DC jury . . . where that jury pool is over 90% owned by the government itself. Literally every aspect of their lives - their jobs, careers, and lifestyles are based upon the government’s largesse. What this government extracts from the rest of the country and then deposits into DC and its surrounding counties. They are totally dependent upon that government . . . for everything.

 

Finally, the most maddening moments in this trial - for me - came when Judge Mehta openly pretended he had never heard of USCP officer Lt. Tarik Johnson, and the two OKs, including Mike Nichols - who together led a rescue of 16 USCP officers out of the Capitol and down those east steps. 

 

Both Nichols and the filmmaker who captured that famous moment - broadcast and covered by MSM news sources the world over - were sitting in the courtroom, prepared to testify - when Mehta blocked their testimonies from happening . . . with the jury outside the courtroom.

 

While the government was allowed to themselves present many prejudicial videos of those outer barricade breaches, attacks on officers, provocateurs breaking through windows and doors . . . before the OKs were even at the Capitol . . . Mehta refused to allow the equal and opposite presentation of that video of actual OKs rescuing Capitol police officers. 

 

The defense lawyers fought to get that testimony and video into evidence, more than once - even bringing in additional evidence the next day that other of the alleged co-conspirator OKs were also engaged in that rescue.

 

Mehta angrily and forcefully argued that because they had no definitive relationship to THESE five defendants, he wouldn’t allow it.

 

Most telling, was when Mehta PRETENDED he had never seen that video, and took the time to privately watch it at his bench video screen. PRETENDING to give that evidence a fair review, before denying its admission . . . then again . . . then again.

 

And, the one thing you won’t hear from the MSM . . . is that OK Mike Nichols had already been subpoenaed BY THE GOVERNMENT . . . I posted the actual subpoena - signed by AUSA Nestler on my Locals page and on Twitter. That was a preemptive ploy - knowing he would surely be an important witness for the defense. But, when the defense brought him in, the hypocrisy and fangs came to the fore. In collusion with Judge Mehta, they struck down Nichols’ testimony - sending him home before the jury could hear his story and see the compelling video of what Oath Keepers actually do . . . what their mission actually was . . . what it has always been over hundreds - thousands of security details and disaster relief operations they have performed since their inception 13 years ago.

 

——

 

In closing . . . I just want to say a little bit about my interactions with the MSM journalists I spent eight weeks in the media room with. 

 

I’ll soon write and talk more about this, because I spent as much time observing them and their work, as I did the trial.

 

In short . . . very few of the 30-plus journalists I shared the room with ever made any attempt to meet me. I was the interloper. The outsider. Not part of the club. As such, most of them treated me that way.

 

Over the weeks, I did eventually have some pleasant interactions with some of those reporters:

 

Alan Feuer of the NY Times. Carrie Johnson of NPR. Hannah Rabinowitz of CNN. Brandi Bucman of Daily Kos. And Ryan Reilly of NBC. To name a few. Mostly though . . . nothing. 

 

While I was impressed by the professionalism and especially the talent of some of these journalists, after reading their stories, I often wondered if they were watching the same trial I was seeing. We obviously see the word through a different lens. 

 

My sole philosophical companion during the entire trial was Madalina Vasiliu of The Epoch Times. We stayed close, and shared notes, a lot.

 

Madalina is a young, 27-year old writer for Epoch, and she covered the trial fairly and factually - with no editorial license . . . as I am want to do. She’s Romanian, and English is her third language . . . after her native Romanian, Italian, and she’s now learning Mandarin. She does great work and I encourage you to follow her on Twitter, and her stories at The Epoch Times.

 

Okay . . . time for me to head to Charlottesville for the rest of the week . . . and spend Thanksgiving with my kids. I’ll be back at the District courthouse on Monday morning, waiting for the jury’s verdicts.

 

——

 

Please follow me on Locals:

 

the pragmatic constitutionalist dot locals dot com

 

Or . . . go to your app store and download the Locals app, then search for:

 

@TPC4USA

 

It’s free to subscribe, but if you can, please become a supporting member for as little as $5 per month. If you can help with more, you can also donate any amount there.

 

God bless you, and I wish you all a very Happy Thanksgiving.

 

I’m Steve Baker . . . The Pragmatic Constitutionalist.

 

Talk to you again, soon.

Read full Article
post photo preview
Steve's Tweetstorm from Day 31 of Oath Keepers Trial - Nov 21
The Fate of Five Now in Jury's Hands

Day 31 of Oath Keepers Trial - Nov 21

 

Good Morning! Final day of closing arguments in the Oath Keepers trial. The jury should have this thing in their hands later this afternoon.

 

Mehta enters courtroom early, at 8:47am. I think everyone forgot he had mentioned he wanted to start at 8:45 to cover a couple of final motions limine left hanging from Friday. (Government is seeking to limit certain content from both Harrelson’s and Caldwell’s closing arguments. I’ve read their motion. It’s brutally unfair in Harrelson’s case.)

 

——

 

***SPECIAL NOTE: Why I chose to spend two months of my life here in DC, covering this trial:

 

It’s those smaller obfuscations they tell that makes everything else they contend fair game to call into question. Charging defendants with damage and destruction to doors that were first opened before they ever arrived - then opened again with 75-100 people passing through before they reached those doors. Doors that were being broken and panes shattered before the OKs arrived . . . doors opened from the INSIDE . . . doors no OK touched, pushed upon, or pulled . . . by irrefutable video evidence. This was the first lie I saw in Harrelson’s earliest charging docs, before the superseding indictment of seditious conspiracy. The affiant FBI agent actually accused him of damaging the door and assaulting officers, and attached a YouTube link that showed the exact opposite. That’s what first drew me to his case. I could SEE the lie, and the carelessness of the investigator’s report. (Carelessness, or indifference to the truth?) That was right at a year ago, and here I now sit, at Harrelson’s and the other OKs’ trial.

 

——

 

Fischer was allowed to argue the issue of a “lie” Caldwell is alleged to have told the FBI, but hasn’t been charged with. Geyer has been disallowed to reference Harrelson as an “honorably discharged, disabled veteran,” because that specific evidence was never presented in this trial. It was never brought up during any testimony, and because Harrelson did not testify on his own behalf, he didn’t have the opportunity to present that there, either. Bottom line - Harrelson is in fact both honorably discharged from the Army, and is 100% disabled, both physically and psychologically. It’s part of his identity, but based on the rules of evidence, it will not be allowed to be mentioned in the closing statement.

 

——

 

Jury is seated at 9:18am . . . Brad Geyer, on behalf of Ken Harrelson begins his closing argument.

 

“Am I looking at simple carelessness on behalf of the government, or is this an indifference to the truth?

 

——

 

Ms. Rakoczy’s was just another absurd insinuation of crimes not committed and crimes not intended . . . by what they were doing that September day in Florida.

 

No longer is the entirety of the government’s case just about SCARY WORDS, but you’re now being asked to convict based upon what he might be THINKING. 

 

——

 

Kenny’s January 6 story didn’t begin with either of the Open Letters from Stewart Rhodes to President Trump, begging him to invoke the Insurrection Act. He didn’t see them. Even if he did, Kenny wouldn’t know what an Insurrection Act was if it bit him the butt!

 

——

 

Yes . . . Kenny was appointed “Ground Team Leader” . . . but not for the purpose of interfering with the certification of an election, or for assaulting the Capitol . . . but for the security and safety of VIP speakers he was escorting from The Ellipse to their legally PERMITTED stage on the Capitol grounds.

 

——

 

With the government’s own witnesses saying there was no conspiracy between themselves and Kenny . . . why did I need to call any witnesses? I couldn’t possibly top the ones they themselves brought into the courtroom, on Kenny’s behalf.

 

——

 

Speaking of “LEADING,” here’s the most perplexing thing about the government’s stated case against Kenny and the other defendants in this courtroom. 

 

On the very first day of this trial, in the government’s opening argument, Mr Nestler said . . . and I quote:

 

“On January 6th of 2021 at around 2:35 p.m., the crowd on the east side steps of the United States Capitol parted as a group of 14 people, dressed similarly in military style combat gear, moving similarly in military style formation with their hands on the person in front, marched up the stairs towards the doors of the Capitol . . . As they approached, the crowd cheered for them, yelling, "Oath Keepers, Oath Keepers." They were the LEADERS.”

 

LEADERS? Leaders of what? For seven weeks I’ve been sitting in that back corner waiting for the government to specifically state what these guys LED. 

 

——

 

I mean . . . it’s not that the government FAILED to show us a conspiratorial connection to those who LED the first breach . . . in seven weeks of this trial, they never even made an attempt to connect Kenny or the other defendants to those first violent perpetrators who actually WERE the LEADERS of the assault on the Capitol.

 

——

 

And . . . how . . . exactly . . . is someone in a t-shirt and ball cap . . . carrying no weapons of any kind . . . who walks in and out of a doorway, unmolested . . . staying for only 17 minutes . . . somehow to be considered or ACCUSED as having OCCUPIED what is ostensibly one of the most secure facilities in the world?

 

The absurdity boggles the mind.

 

——

 

Despite protestations to the contrary, we can clearly see Kenny and the others with their backs turned to Officer Dunn . . . and him in the background . . . while we hear protestors shouting at Dunn . . . calling him an “OATH BREAKER, OATH BREAKER” . . . and then we see Kenny holding out both arms to keep protestors from breaching their line and attempting to go down those steps Officer Dunn was guarding.

 

Then, we’ve seen the presentation of video evidence that Special Agent Lazarus COULD NOT have been there when the Oath Keepers were interacting with Officer Dunn. That video clearly showed that Agent Lazarus did not come though that area until long after Dunn, Kenny, and the others were long gone. 

 

I don’t know who Lazarus saw interacting with Dunn - where, or when - but his recollection does not comport with the video evidence.

 

——

 

Geyer now begins taking the jury through a review of previously presented video evidence, primarily showing his client, Harrelson, no where near the provocateurs who were breaching barricades and breaking into the Capitol.

 

I’m actually quite surprised the indulgence Metha is giving Geyer. He is getting in far more information about OTHER agents provocateurs than he was ever allowed to get in during the trail itself. Bottom line, the is is the first time these presentations have been made in such a way that conclusively proves the OKs were NOT those who actually conspired to breach the Capitol.

 

——

 

Geyer finally began testing Judge Mehta’s patience, and frankly, Geyer ignored him. Technically no time limits . . . but Metha started reminding him that he was over his 90-minutes he told the Court he needed. Geyer got in not only what he needed to, but he got in a lot that he was prevented from talking about during the trail itself. Primarily . . . OTHERS were responsible for the bad deeds on J6. Not the OKs, and most certainly not his client.

 

Geyer concluded by thanking the jury for their service, and then simply saying . . . “Please send Ken home.”

 

——

 

Mehta called for morning break. When we got back, Jonathan Crisp stepped forward to give his closing for Jessica Watkins. 

 

Crisp launches hard out of the chutes:  directly calling into question the credibility and of the government’s case and their witnesses. He believes the government has relied upon “manipulation and deception” to present their case . . . and gives a nod to Geyer for already covering much of that theme.

 

——

 

Crisp launches into evidence of when and how the government constantly presented texts and chats both out of full context and also distorting the timelines, by presenting them out of order. (Absolutely correct. They were blatant and relentless in that technique.) 

 

Crisp also bolsters Geyer’s presentation of the damage to east doors, because there was no physical way OKs could have damaged those doors based on the timelines presented through the government’s own video evidence. 

 

Again, showing time-stamped screenshots that prove location of Watkins and other OKs at the moments of violence and destruction the government insinuated - if not outright lied about - in attribution to OKs actions and locations, which were impossible given the facts.

 

——

 

Crisp does point out that Watkins took full responsibility for her behavior in the Senate hallway - that she owns that, exclusively and regretfully, but that at no other time on J6 or at any other event in which she assisted the OKs, her behavior was 100% above board.

 

(Crisp is often pacing away from the the lectern’s microphone. the jury can hear him, but we can’t in the media room when he wanders away from the mic. I hear him begin a really great point . . . it becomes inaudible as he paces away.)

 

More evidence of manipulated time lines by the government’s presentation of when they actually came up steps and entered the building. (This is important, because when timelines are accurate, it eliminates the charges of aiding and abetting in violence and property destruction.

 

——

 

Crisp again reviews the whole “stack myth.” As a former military officer himself, he is able to explain that the “stack” formation doesn’t give them some kind of mystical control over the crowd, but only aids in assisting in direction through that crowded situation - and of course would never have been used in that manner if they were in an armed “room or building clearing” operation.

 

Crisp shows the famous photos of Watkins assisting the injured man down the steps, and points out that action doesn’t fit the narrative.

 

WHOA . . . Crisp points out that Agent Harris was the most honest agent in this entire trial, but that the government “set him up” to testify against Watkins on an IRS filing issue. He shows the actual IRS publication that proves their accusation against Watkins was “an outright lie.”

 

——

 

Crisp begins going through the concepts and jury instructions related to the “conspiracy” charges, and how the government can’t get to the proof of those charges “without manipulating and deceiving you.”

 

Crisp concludes his closing argument with a discussion about “reasonable doubt, then asks the jury to acquit Watkins of all charges - except for Count 6 . . . (civil disorder and aiding and abetting) . . . saying they “should” find her guilty of that charge, as she has admitted to the crime in court.

 

Mehta sends everyone to lunch . . . 

 

——

 

Jury reseated at 1:38pm . . . 

 

David Fischer begins closing statement for Thomas Caldwell.

 

Fischer begins by stating he wasn’t begging for ‘reasonable doubt,’ but is looking to fully clear his name. He immediately dives into the charge on count 10 - obstruction of justice and evidence tampering. This deals with Caldwell’s many “unsent” facebook messages and a deleted video. As to the video . . . it wasn’t a “video,” it was a “link.” (“A link is not a record, document, or object.”)

 

Objection! . . . sidebar . . . 

 

Rewording . . . a link is an ‘open source’ object, available to everyone, everywhere, at any time.

 

That link was was even resent upon request - not hidden - and still exists in the FBI’s evidence file.

 

As to the other tampering charge, the photos he deleted had nothing to do with J6, and the FBI has both he and his wife’s phone, with all photos they took on J6, including the back-ups which the Caldwell’s made, and gave their passwords to the FBI. Not a single photo from J6 is missing.

 

——

 

As to the unsent FB messages, he is reminding the jury of the evidence that were leaving FB before J6, and that most of the unsent messages were prior to J6, and nothing to do with J6.

 

BOOM! . . . The government is overtly objecting to the nuance of Fischer’s phrasings of statements. He responds, “That’s fine, I’m going to do the same to them [during their rebuttal] if they want to play that game.”

 

——

 

In response to government’s constant attempts to tie Caldwell to the VA QRFs . . . Fischer shows  that multiple FBI agents have presented incontrovertible evidence of no communications between Caldwell and Meggs about QRFs.

 

Fischer is reviewing messages slides that clear up who discussed or planned or called for a “boat” (Stamey) for QRF. (Not Caldwell.)

 

As to “Op plan,” and how Agent Palian couldn’t find that the Op Plan had anything to do with “Antifa.” Fischer reads the transcript from that testimony where he showed Palian is was the FIFTH WORD of the Op Plan. (oops.)

 

Fischer shows Caldwell taking a selfie . . . while not even yet on restricted ground . . . at the exact time that Congress was being evacuated. Therefore, how can he be guilty of “Obstruction of an Official Proceeding.”

 

——

 

Fischer continues through a series of government accusations that can’t be true based on Caldwell’s lack of proximity to violence - certainly not participation, but also not being a witness where they were. (They also never went inside the building.)

 

Fischer takes the jury reminders of Caldwell’s 100% military service connected disabilities - including his many other infirmities - and how absurd it is the FBI seemed to not know of his disabilities. To whit, Caldwell doesn’t have the physical ability to even commit some of the charges against him.

 

As to the conspiracy charges . . . Caldwell was not on any of the J6 Signal OP chats. Wasn’t on any of the 30 or so GoToMeeting conference calls dealing with J6. (Caldwell is the only non-OK in this trial.)

 

As to the famous messages and photos about the “recce” Caldwell made in DC…(Recon)…he reminds them that messages in ‘context’ detail with the location of porta-potties, including where the NC OKs would park their bus. Nothing at the Capitol or about. In context, the “Target Area” were photos of porta-pottie locations. (This being the way retired military commanders simply talk.)

 

——

 

As to the Insurrection Act . . . Fischer doesn’t think anyone in that room know enough about the IA to speak to it. Moreover, Caldwell never spoke about it with anyone.

 

Fischer takes the jury through the presented lack of evidence of Caldwell’s familiarity, knowledge, or even communications with most of the other OKs - even the defendants in this room. Where’s the “coordination” of the QRF for which he’s accused, if there’s no evidence they had any communications? In fact, his ‘friend,’ Jessica Watkins, he had no idea she went into the Capitol until breakfast on J7.

 

Fischer: “When Agent Hilgeman claimed she believed the QRF was meant to ‘Occupy DC,’ I almost fell over.” (objection! . . . overruled)

 

Now he begins taking the jury through the actual transcripts where FBI Agent Palian claims Caldwell had a specific plan to “storm the Capitol.” When Palian and other agents couldn’t produce that specific plan, the government changed their theory to that of an”implied” plan.

 

——

 

Fischer reads the transcript where Agent Palian admits to the government not having a single “person” or “document” proving the OKs or Caldwell had a plan to attack the Capitol. Yet, with no such evidence - and only one day of investigation - they raided the Caldwell farm with 25 FBI agents. (Arrest first . . . investigate later.) Upon arrest, they had no idea Caldwell was both a former naval intel commander, also worked for the FBI, was 100% disabled vet. The FBI even presented to the judge on the day of his arrest that Caldwell had an extensive criminal history . . . when he’s never been arrested for anything in his life. The FBI literally LIED to the arraigning judge about Caldwell’s criminal record.

 

——

 

Considering Caldwell’s severe disabilities while being injured in an explosion while in service to his country: “If anybody has the 1st amendment right to say anything he wants, in private messages to others like him who will get the joke, it’s Thomas Caldwell.”

 

“This man was forced to admit to the world that he wears Depends, but when he broke down on the stand, all the government could say was, “Objection!”

 

Fischer asks the jury to find Caldwell “not guilty” on every count.

 

Mehta calls for after noon break . . . 

 

——

 

During the break we’re watching AUSA Jeffrey Nestler getting his video synched and ready for the government’s rebuttal - and, given both his personality and the lightening quick speed of his presentations, this is all I can think about:

 

https://youtu.be/GUQpvqRUOMI

 

——

 

Mehta back on bench at 3:20pm. Jury reseated at 3:22. 

 

This is it . . . one more presentation before some final instructions, then the case is in the jury’s hands. 

 

And Nestler is OFF! He immediately claims the evidence against these defendants is OVERWHELMING . . . saying they “PHYSICALLY DROVE members of Congress from the Capitol  and halted the certification of the election.”

 

He begins with such an egregious, blatant LIE . . . we ALL must be aware we can no longer trust anything our government tells us.

 

——

 

Now Nestler goes through the jury instructions which lead the jury to believe they can be convicted for only an “implicit” agreement. (Thought crime.)

 

Now he begins to review the “flurry” of phone calls, GoToMeetings, Signal chats, Zello calls, etc. - which all “show a level of coordination” toward the conspiracy.

 

“Young and Dolan testified that they were guilty of entering a conspiracy with these defendants, and pled guilty in front of Judge Mehta - of conspiracy.” (To get a get a lighter sentence, of course - scared of their own government.)

 

——

 

“They knew what they were gonna do . . . and they knew they had the numbers to force their way into the Capitol, when they combined together . . . and they did it.”

 

I had to laugh out loud. 14 unarmed people. (Nestler’s own number.) Were going to force their way into the Capitol and stop the election certification. Except . . . the two “stacks” never actually combined. They actually entered and left the Capitol at different times.

 

Is there even a prayer that this jury is…either smart enough to see the absurdity of this presentation…or even cares about truth, rather than the obvious political nature of this trial?

 

——

 

Nestler goes though the process of claiming incontrovertible evidence of weeks or months of planning in this conspiracy . . . but since not a single FBI agent could produce evidence, (person or message of those orders and planning) . . . Nestler says, “Remember, the conspiracy can be formed in an instant.”

 

——

 

On Watkins, she “literally raised a militia to stand against the Biden presidency. Nothing says guilt more than raising an army against your government.” (Her militia topped out at SIX people, including the geriatrics.)

 

Now comes the slides of Caldwell’s more inflammatory rhetoric. Rhodes encouraged the others to delete the messages. “They deleted messages because they knew they had committed crimes.”

 

Once again showing distorted timelines of their approach to the east side doors . . . “pushing, because that’s where members of Congress were.” (But, the doors were pushed open from the inside. He forgot that part.)

 

Nestler still pushes that the OKs “aided and abetted” the damage to the doors . . . (though video was shown those doors being damaged and panes shattered before they even arrived.)

 

——

 

More repeats of “scary words,” twisted into meaning and context neither implied or intended with regards to their actual mission on J6.

 

Nestler now defends why they didn’t show every message in sequence of OK planning chats - and that it’s laughable, the notion they would hide evidence.

 

As to Personal Security Details . . . “they would need LEGAL COVER to justify where they’d be.”Nestler actually said the event for which the Capitol Police issued a permit, (we SAW IT), never existed and would never happen . . . (despite a stage and sound system built?)

 

He then said when Rhodes called all the OKs to gather on the NE corner of the Capitol, that proves they were not engaged in PSD. Nestler purposefully failed to mention THAT message said, for those “not on mission” to meet him OUTSIDE the Capitol, where they then gathered and LEFT by 3:30.

 

Nestler is a LYING SNAKE BASTARD. The DOJ . . . no longer seeks “justice.” They simply want five political scalps. (And whatever promotions will come with these convictions.)

 

——

 

Now Nestler contends that there was no lag or delay in phone calls and messages on J6 - despite the fact their own Agents said some delays took 3 to 5.5 hours. (I was there. I can tell you I couldn’t get simple texts to send until hours later . . . yet, others were able to live stream on FB. It was different for everyone.)

 

Frankly . . . I’m just stunned at how one person can stand before us and tell lie after lie. At the very least, lies of omission, by telling half truths and sharing incomplete details of the events Nestler is recounting. He just SAYS IT. Therefore, it must be true. He IS the government. And it’s “laughable” to insinuate the government would hide evidence. Though he does it time after time . . . EVERY time he only tells half the truth, it is a whole lie.

 

But . . . Nestler is really good at that lectern. Super Slick. And he is the last voice this jury will hear before sitting in judgment over these five individuals.

 

Nestler is done at 4:41pm.

 

——

 

Mehta immediately begins final jury instructions, specifically dealing with their remaining duties and expected behaviors for the duration of their deliberations.

 

The two alternate jurors are dismissed and the final 12 will begin deliberations tomorrow morning at 9:30. The jury is dismissed for the day. After tomorrow, the jury will have the remainder of the week off, and then resume deliberations next Monday.

 

Mehta now asks for all defense counsel to submit the thumb drives of their evidence and exhibit lists, for the jury.

 

Mehta gives an extended thanks to all the lawyers for their sacrifice in this trial, their commitment to justice, as example to the American people of how our system works, and regardless of the ultimate verdicts, he is proud to have served in this case with them.

 

Court dismissed.

Read full Article
See More
Available Now
app store google store
Powered by Locals