It was suggested that some might want to see my notes from the trial each day. These are unedited - typos and all. Let me know if you would like me to do this daily.
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Day 9 of Oath Keepers Trial
The day has begun with all of us locked out of the media room. As press members arrive, everyone is just finding a place in the hallway to plop down and open laptops. Still 35 minutes until showtime, but we’ve also been waiting half an hour. There seems to be no hurry, by whoever has the key. I wonder if Mehta has locked us out because we all overheard that “sealed session” last week? Did someone rat us out?
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Okay, we’re in. But we’re still not getting the video feed from the courtroom. Hmmm.
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Rumor from the inside: The prosecution is almost done presenting their case, and will rest before the end of this week. I have to fight off the surprise of that possibility, because, as a non-DC resident (juror), I’ve witnessed no ‘knock out blows’ from the government’s case. Then again, I’m not offended by legal ownership/transportation/storage of firearms. I’m not offended by the gnarly speech of ex-military guys. (Any speech, for that matter.) If the jury is obeying the Court’s orders, and not watching any news coverage of this trial or the J6 Committee, <ahem, cough> they likely didn’t see the video release of Pelosi threatening to punch then President Trump. (Isn’t that an actual crime? Threatening violence against a sitting president?) Anyway . . . my own philosophical bias is revealed in my thinking the government can’t be ready to rest, because I’ve seen no “beyond reasonable doubt” evidence presented. Just five guys - four of whom talked a lot of shit - who then followed through by doing a bunch of perfectly legal things. Oh, yes . . . three of them walked through an open door, which they had no part in opening — and through which about 100 other people preceded them, including the actual perpetrators of the crimes — then a couple of those OKs used the opportunity to protect Officer Harry Dunn from some of those protestors with actual bad intentions. (Leaked 302, or not, that particular cat is already out of the bag, and needs to be allowed in the defense presentation.) Or, maybe they saved those protestors from Dunn, who apparently threatened them with the M4 he was carrying? (The audio recordings from that encounter are not perfectly clear.) So, drop the overblown ‘conspiracy’ allegation, hit those three guys with the glorified trespassing charge, and let them go home to their families. Have you ever seen the videos from the east side of the Capitol, before the crowd moved up the steps? There was a line of Capitol Police holding automatic rifles, guarding those front, famous Columbus Doors. When the crowd broke through the lower line, the guys with rifles made no attempt to defend the Building . . . they just moved to the side. And guess who was NOT in that crowd of people who then moved to the top of those steps? The Oath Keepers. They didn’t arrive until later. Contrary to AUSA Nestler’s opening argument, and Rep. Adam Schiff’s ongoing lies in the House J6 Committee hearings, the OKs didn’t not “lead” the attack on the Capitol. That was done by actual bad people, with specific intentions, who at every breach point did so long before the OKs arrived at those locations. That the OKs “Conspired to LEAD” the insurrection, the breach, the attack, the “assault on our democracy” are all lies. Didn’t happen. But . . . it is a DC jury . . . and the prosecution is counting on that singular ‘ace in the hole.’
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Jury seated, (9:34), and Mehta recognizes that the District Courthouse has now made “masks optional” … but due to the importance of not having any jurors, attorneys, or defendants having to miss if there is a covid outbreak, he will continue requiring masks in HIS courtroom. (The media room cheered as we all ripped off out masks . . . except for one guy.)
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Gov atty Manzo picks up his redirect of FBI Agent Hilgeman. They are covering more messages and phone calls on the days of January 4,5,6 between Rhodes and other OKs. Just a lot of redundancy. Seems an effort to simply remind the jury those guys actually talked to each other. (Conspiracy?) Now they are verifying the hotel reservations and check-ins at the Comfort Inn, where the QRF was set up. (Can’t let the jury forget those legally stored guns were just 5 miles away.)
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Very boring and laborious presentation of video evidence that defendants were actually in and moving around the hotel where they were staying.
Now showing videos of OKs bringing into hotel lots and lots of large bags and plastic totes.
Prosecution: “In your experience, how is ammunition typically stored?”
FBI Agent: “In boxes.”
Well . . . hang ‘em high! <smh>
Oh man . . . now they are going to show photos and video of OKs checking out of hotel on 7th. (I can hardly contain my excitement.) Agent Hilgeman shares that she spent between 80 to 90 hours reviewing video of their movements inside the hotel hallways and lobby.
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The government is now showing maps of the points of origin from which the “Co-Conspirators” began their travel to DC. Including who drove with who, rally points where they met up, where the Floridians stayed in NC on the 4th, and when they arrived in DC. Again, all pretty redundant info, already presented in this trial, but this time we’re getting a pretty powerpoint presentation. (I need more coffee.) I’ll bet my next year’s income that these guys will NOT remind the jury of OK Cummings’ testimony, (THEIR witness), that during that four days - Jan 4-7 - there was never any discussion of insurrection, violence, attacking the Capitol, assaulting cops, or kidnapping CongressCreeps.
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They are actually now showing ‘sexting’ messages between Rhodes and Kellye Sorrell during their travels to DC, from TX. Completely salacious and immaterial to the case. Can’t believe the defense did not object.
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Following ‘sexting’ chats, Mehta says it was time to take morning break. Media rooms laughs.
NPR journo takes off her mask. (NEWS AT 11!) She actually smiled at me.
Remember my TPC axiom: “I listen to NPR everyday, so you don’t have to.”
(Detente, perhaps?)
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During break, I asked one of defense attorneys why there was no objection to the ‘sexting’ messages being presented. She said, “I don’t know. They were certainly irrelevant.”
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Court resumes after morning break with a detailed series of text messages regarding arrangements Rhodes made with gun trader in TX to purchase weapons, parts, supplies, etc., including Banking records from Rhodes’ and Oath Keepers’ Bank of America account. Especially keying in on large cash withdrawals and debit card transaction, which are apparently for weapons and ammo purchases, both before and after January 6.
Itemized receipts for purchases show numerous transactions for guns and accessories, including night-vision glasses, scopes and sights, mounts, mags, gun-cleaning supplies, ammo, etc., etc. More pretty pictures of map route of where purchases were made before Rhodes left for DC, and where he made additional purchases along the way.
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Mask to un-masked ratio now stand at 5-of-21 now masked in media room. NPR journo must have felt overwhelming guilt, as she put her mask back on. (Scandal at NPR headquarters averted.)
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Audio from early morning Jan 6, with Vallejo and Kandaris appearing on Ernest Hancock's podcast. More semi-inflammatory convo with three people NOT ON TRIAL in this courtroom.
“We're applying as much pressure as we can. The only and obvious next step is to go into armed conflict but hoping that doesn't happen.”
“There are people here who are prepared, have the will, the facilities to do more than taunt. The question is . . . is there a shot heard round the world moment?”
“The American people are going to be told today that we have liberty and justice for all or they're gonna be told f-ck you.”
“I’m just praying to God that Trump has his head on f-cking straight and knows what's he's doing.”
No further questions . . . Caldwell atty, Fischer, begins cross-exam.
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Fischer delivering very effective cross, getting Agent to admit Caldwell was absent most communications presented in her testimony. Fischer get her to admit that there’s no evidence of digital communications between Caldwell and, either Vallejo, Kandaris, the five OKs from SC or the FL OKs?
“I think that's accurate,” replies agent.
He then points out Caldwell’s comms with OKs from NC, who have been characterized as “the good guys” because they separated from main OK group because of conflict with Rhodes. <Objection> Mehta asks Fischer to rephrase. Agent refuses to concede that the NC OKs effectively separated from Rhodes, despite the government’s own witness, (NC OK Zimmerman), who gave such testimony. Says she can produce comms that prove otherwise.
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Lunch break called at 12:37pm - jury dismissed - no housekeeping squabbles to deal with . . . in recess . . .
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Court backing session at 1:31pm. Woodward (for Meggs) addresses court with messages he wants entered into evidence. Mehta once agains shows his impatience for defense ‘wasting’ jury’s time while they’re out of courtroom. Woodward sits down. Mehta reseats Agent Hilgeman as defendants brought back into room. <long silent delay. not sure what they’re waiting on. maybe jury not ready?> Jury finally enters. Fischer continues his cross of Hilgeman . . .
Immediate objections over questions about previous FBI interviews she had with other OKs. Fischer tries to get her to acknowledge certain questions in Stamey’s NC interview - which she did not conduct. He asked her about Caldwell’s social media comment about “pre-strike recce” on Jan 5, and correlate the tracking of Caldwell on the 5th, and that he did not go near the Capitol. Despite being familiar with these records, she refuses to acknowledge awareness of where he was or wasn’t on the 5th while on “recce.”
Fischer has her read Signal message that he reports having seen “lots of Porta-Potties” at rally site. “Would you agree the purpose of recce was to identify Porta-Potties? . . . No, I would not agree with that. (Repeated exchange from another message. She doesn’t concede.)
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Fischer then presses Agent to agree that Caldwell’s recce route was not only not near Capitol, but also couldn’t have been part of a car-driven recce because of the number of streets that were already blocked off around the Capitol. She says, “I’m not aware of that,” but he provides the data.
Fischer now attempting to get her to admit that walking directions given by Caldwell to QRF were in opposite direction of Capitol after crossing bridge. Then . . . BOOM:
Fischer: “You’re aware the government’s theory is that the QRF was to attack the Capitol
Agent: “I don’t recall any messages that QRF was specifically for attacking the Capitol.”
<Objection . . . overruled>
She then clarifies that the QRF was meant to “prevent Biden from becoming president,” and to “occupy DC.”
(OCCUPY DC??? . . . with 15-20 OKs? Does anyone get the absurdity of this claim . . . made by a Special Agent of the FBI?)
Fischer once again shows that Caldwell’s directions took them to Georgetown, not the Capitol. She diverts by talking about the potential “watering landing” as an option.
Fischer: “You’re aware the QRF didn’t have long range missiles?
Agent: “I’m not aware.”
Fischer shows several maps of road closures on 5th and 6th, published by government.
Signal messages forces Agent to admit that Caldwell had “no intention to start a Civil War.” She agrees.
Fischer: “You have evidence that Caldwell did nothing to cause harm to the vice president of the united states?”
Agent: “Not that I’m aware of. . . . “But, Caldwell was part of a crowd that caused the VP to leave Capitol.”
Fischer: “You have no proof that Caldwell used the burner phone you found in his house?”
Agent: “That’s correct.”
Fischer: “To your knowledge there was never a boat that was put into the Potomac by Caldwell or any of the other OKs?”
Agent: “Not that I’m aware of.”
Fischer continues to get agent to acknowledge that despite any of Caldwell’s more inflammatory rhetoric, (like, “We could have burned down the Capitol” at an event prior to J6), he never followed through with any of his shit-talking.
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Fischer tries to get her to acknowledge awareness of government filings about Caldwell’s injuries and disabilities. Or even the HIPAA request the FBI filed to access his medical records.
Agent; “I’m not aware of that.”
No further questions . . .
Ed Bright - for Rhodes - takes over cross. Immediately gets into tense exchange with Agent about which chats Caldwell had and had not participated in.
Bright, presses her about previous comments regarding her belief that NC OKs did not fully disengage from Rhodes. And, to acknowledge Caldwell was never a registered member of the OKs.
Agent: “I agree he was not a dues-paying member.”
Bright begins to press her to acknowledge that all of Rhodes’ gun, ammo, and accessory purchases were legal?
“Are you aware of any allegations of Rhodes illegally or improperly purchasing weapons?
<objection>
Rephrase . . . about her awareness of illegality:
Agent: “No.”
Bright: “Are you aware that any of Rhodes’ own weapons were stored at the Comfort Inn.
Agent: “I’m not aware of any.”
“You’re not aware that any of these defendants brought firearms into the District?”
“Correct”
Bright: “Is there any evidence any of those weapons were bright into the District?”
“Agent: No.”
Bright “So the armed rebellion wasn’t armed?”
Agent: “The armed rebellion wasn’t over. I believe they were prepared to fight the next day.”
Bright: “But when those arms finally left the hotel, they were taken back to the their places of origin.”
Agent: “Correct, but I believe the armed rebellion wasn’t over.”
<Right then I let out an audible “Jesus Christ!” and got some dirty looks.>
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Geyer - for Harrelson - takes over cross . . .
Mehta becomes impatient with Geyer’s questioning about Harrelson’s guns that were not seized during his arrest, and calls a sidebar. <abandoned>
Geyer presses Agent to acknowledge the purpose of the QRF - the government’s theory - was to stop Biden’s voter certification. Mehta once again calls for sidebar when Geyer tries to introduce video evidence that Harrelson was not involved in any of the breaches. They came back from Sidebar with Geyer saying “no more questions.” (Shot down, again.)
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FBI Special Agent Hilgeman doesn't seem to understand that she cannot FIRST present video evidence of OKs packing up, checking out, and heading home on the 7th, and then also claim, “The armed rebellion wasn’t over. I believe they were prepared to fight the next day.”
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Mehta informs jury there will be an interruption in Agent Hilgeman’s testimony in order to bring in another government witness with conflicting schedule.
AUSA Nestler calls Micah Loewinger a reporter and podcaster for On The Media on New York Public Radio. He acknowledges that he would not have voluntarily testified, and is here only under compulsion of the subpoena . . . due to his journalistic integrity.
He is being questioned about his knowledge of Zello, the walkie-talkie app used by some OKs. Answering question about the set-up and use of accessing certain kinds of “channels.” Nestler showing him photos of the app’s functions.
Asking about Oct 2020 podcast about Zello. Mehta instructs the jury not to regard the headline of podcast as evidence. “How Zello Became a Recruitment Tool for the Far-Right.”
Loewinger logged into Zello on January 5th, out of interest of types of militia groups who might be involved on Jan 5 and 6. Logged into and subscribed to “Stop the Steal
J6” channel. He was subscribed for approx. 20 minutes to an hour, until assumed to be blocked.
Nestler: “Did you hear anything of note?”
Loewinger: “Nothing that I considered newsworthy at the moment.”
Nestler: “And then what?”
Loewinger: “I was banned from channel.”
Fast foward to next day . . . and Loewinger logged into “Stop the Steal
J6” on Zello using a different device and different account he had, and couldn’t hear anything.
His computer captured recorded audio throughout the day, which he then reviewed on Friday, the 8th. he made a video of the chat and sounds he captured. Showing that to jury - first 5 seconds. <inaudible in media room> More technical chat about permissions and ability to finally record audio.
He then published a story to The Guardian on January 13, and a podcast on Jan 15 about what he captured on Zello.
Here’s the article:
https://www.theguardian.com/us-news/2021/jan/13/zello-app-us-capitol-attack-far-right
No further questions . . . Crisp - for Watkins - begins cross . . .
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Crisp questions Loewinger about his knowledge of who the various code-named characters were in that chat. Loewinger has no idea. Then begins to discuss how he accessed various other channels by using anonymous user names. Now says he captured some “hour and 40 plus minutes” of audio from the “Stop the Steal channel.”
No further questions. No other cross. No redirect. Witness dismissed and Agent Higelman returns to stand.
Woodward — for Meggs - takes over cross . . . has her acknowledge she was largely focused on the QRF in her investigation.
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Woodward shows some chat messages that the Government failed to show, next to and in the midst of the one they did show:
-Questions about permits for other events
-Mentions of permit times and locations
-Mentions of VIP security details
-Warnings for OKs not to fall for psyops and get draw into bad things
-More plans about specific duties and expectations when providing PSD
-Including PSD (personal security detail) for General Flynn
-Then lists of several other VIP rally speakers and specific events at which they’d either provide PSD or event security, both solely from OK, and working with other professional security providers.
Caldwell has her read numerous chats which the Government left out of their presentations - all of which she is familiar with - and which deal with the ACTUAL reason they were n DC on 5th and 6th - for VIP PSD and event security. Everyone from Roger Stone to Lin Wood to Alex Jones to other scheduled events. They are numerous chats dealing with how busy they will be handling security details. Agent acknowledges that of all the maps they were sharing for security details, NONE of those included maps of inside Capitol Building.
Back to chat messages . . . more chats omitted by Government presentations, in which OKs are doing good deeds, consider Capitol Police to be good guys, and warning all OKs not to bring firearms into DC.
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Judge thanks and dismisses jury at 4:51pm, rather than begin a 15 minute video presentation from Woodard, putting into full context the podcast video the government only shared a few seconds of earlier today.
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Woodward presents his wife’s imminent birth of a child, and may need a couple days off from trial - obviously a pause in the trial, to deal with that. Both the government and Mehta declare their sensitivity to such an important event, and are agreeable to do what is necessary to accommodate.
Government announces their intention to rest their case sometime next week.
Now discussing grand jury docs that Fischer wants to have read into evidence. Mehta will look at whatever he wishes to submit.
5:01pm . . . “this court is in recess”
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Thanks for joining me today. The biggest moments of the day came during defense Atty Fischer’s cross of Special Agent Hilgeman, in which she became really combative about the fact there was no comms from OKs expressing intent to carry weapons to the Capitol or use the QRF at the Capitol. She was insistent the QRF’s purpose was to “stop Biden from becoming president.” (Which would be a tall order, if they had no intention to bring weapons to District, unless Insurrection Act was invoked by then President Trump. Then, her twice repeated insistence that their “armed rebellion wasn’t over,” and that she was convinced OKs would fight the next day, (on 7th.)
As I tweeted earlier:
FBI Special Agent Hilgeman doesn't seem to understand that she cannot FIRST present video evidence of OKs packing up, checking out, and heading home on the 7th, and then also claim, “The armed rebellion wasn’t over. I believe they were prepared to fight the next day.”
Defense better jump all over that.
Biggest JERK MOMENT of the day, presented by government, we actual “sexting” chats between Stewart Rhodes and Kellye Sorrell. I know WHY they did it . . . to prove a personal relationship - apart from attorney/client relationship . . . but it was still a jerk move, and unnecessary to the Agent Hilgeman’s actual stated investigative focus on the QRF.
See ya tomorrow!
