Remember . . . all the warts and typos are included. 😏
Day 12 of Oath Keepers Trial
We were locked out of the media room until 9:15 this morning. Fortunately, it appears there were no early morning prelims called by Judge Mehta - as he does occasionally - so nothing was missed. Of the 10 or so of us who are early birds, and wish to get work done and our day prepped, it’s rather inconvenient. But . . . none of the MSM people speak to me . . . so, I can at least catch up on reading and emails while we wait in the hallway.
Judge Mehta enters courtroom at 9:31am . . . no prelims . . . straight to business . . .
AUSA Nestler calls FBI Special Agent Whitney Drew to the stand. 6 years counter-intelligence in Army, her previous work in FBI was counter terrorism. Began working on January 6 on Jan 17th.
When Drew first heard of what was happening on J6, she began getting her tactical gear (kit) and weapon together and headed toward Capitol.
She has reviewed hundreds of hours of video footage from all available sources - from social media to recoveries from defendants’ phones.
Nestler begins reading off long list of stipulated evidence to be presented today, recovered from various defendants phones, hard drives, SD cards, etc.
——
Nestler now begins reading off long list of stipulated video evidence from multiple media sources. (No objections.)
(In list of private citizen videos to be presented, Nestler mentioned @stephenehorn . . . Hi Stephen, you’ve hit the big time!)
——
Gov. begins with presentation of call lists between various OKs. Details of who called who, how many times they called, and how long each call lasted, throughout the day of J6. Then, Agent Drew is asked about how many Signal chats she’s reviewed. “Thousands.”
Showing lists of people on Signal chats that day - including four of this trials’ defendants. (Rhodes, Harrelson, Meggs, Watkins.) Seven different chat groups presented - in detail (name of chat groups, who was in each group, etc.), including how the FBI managed to recover these Signal chat groups from various phones. One allegedly include Proud Boys leader Tarrio.
Nestler: “Who are the Proud Boys?”
Drew: “They are a group similar to the Oath Keepers, also there on January 6”
———
Gov. presents a new participant board containing all the characters to be discussed today. (Caldwell only defendant in this trial not on any of those chats.)
More technical details about how FBI is able to recover messages from texts sent from different mobile service providers. Including recovered content that no longer existed on the defendants phones. (Implying deletions made by defendants.)
——
Beginning questions about actual messages sent on J6. First message begins at 6:27am, including one asking about the legal blade length allowed on a utility pocket knife. (3 inches.)
First video presentation shows pre-dawn arrival of certain OKs at The Ellipse rally site. Also showing photos taken early morning - from various cell phone cameras - of OKs carrying signs, variously saying “election stolen,” “stop the steal”…
Back to message slides about attire to bring, early morning prep, and other pre-rally chatter::
“Bring something to put on your noggin’. Antifa likes bricks.”
“…kit up…”
“I have a drone . . . do you want it prepped for deployment.” (Rhodes replies, “Yes.”)
“…seeing man OK shirts on InfoWars feed…”
(Inserts past messages from December 2020, about insurrection act, rebellion, stopping Biden and Kamala, traitors, communist puppets. Trump not doing his job, contingency plan if Trump fails, “they won’t fear us until we come with rifles in hand,” . . . etc.)
Back to J6 messages . . .
——
Animated Maps of DC entered into evidence, showing moments of OKs and timelines on J6. Showing “Stack 1”, Stack 2,” and the separate movements of Harrelson and Dolan, who arrived at Capitol before Stack 1. (Then obligatory definition of “stack.”)
First video insert of map shows Caldwells marching with small group of people chanting “stop the steal.” Then recording of Caldwell saying he knows where Pence lives, “That punk ass better do what he’s suppose to do.”
——
Message slides from various OKs (samples):
“Patriots storming closed area . . . “
“American blood flowing…officers down”
“Pence is doing nothing…”
“They dumb enough to act like antifa . . . what they hope is going to happen if they get into Capitol?”
——
“Reinforcements inbound to Capitol…”
‘Flash grenade explosions now going off…”
‘Patriots have stormed the Capitol according to Gateway…”
“The Patriots are taking it into their own hands. We’ve had enough” (Rhodes)
“Next comes our Lexington…” (Rhodes)
——
“From Metro PD radio . . . I overheard people were trying to breach Capitol building…”
“…it looks like Pence is doing his traitorous bullsh-t…McConnell…treasonous f—king bastard…be safe and be firm in your faith knowing that you are there for a reason…”
——
Presenting more Zello channel logs - subscribed to by various OKs - including user names, and who were on each of the several Zello channels.
***(Anyone still think ANY digital chat platform is private? Hmmm?)***
Audio excerpts from Zello:
“We’re boots on the ground…” (Watkins)
“We’ll see you soon, Jess…”
-Mehta calls for morning break . . .
——
SPECIAL NOTE: I’m just trying to give everyone a sense of what’s happening in here right now. Details of the government’s presentation are coming in rapid-fire at this moment. (Sorry . . . is ‘rapid-fire’ a trigger word? Code, perhaps? Will I too now be investigated by the FBI? . . . Oh . . . wait . . . I already have been.) Anyway . . . for those gluttons for punishment out there, full transcripts of each days’ court session are available later in the evening. I’m just trying to give you the highlights, in real time.
——
Mehta back after break at 11:21am . . . everyone is complaining about how cold it is in the courtroom. Attorneys wearing overcoats, and even Mehta saying he has a vent blowing right down on his head, and has put in a request to turn the air off. Jury finally returns at 11:27.
——
Nestler takes Agent Drew back to recovered messages from Watkin’s phone, all the way back from November of ’20:
“Stewart is allowing non-member who have been vetted … to maximize participation…”
(Series of recruiting/vetting messages, with attention to the identification of participants.)
“The Washington Post reposted the Guardians’ story about Zello.”
(Nestler has Drew explain how Zello works. She learned of Zello thru this investigation, and then learned how to use it herself by setting up account and subscribing to various channels.)
Back to map and cast of characters in “Stack 1” with animation and photo of OKs moving toward Capitol down PennsAve.
——
More messages and Zello about “patriots storming Capitol…”, “actual Patriots…” “pissed off patriots…”
“Like the Sons of Liberty . . . highly pissed off patriots.” -Rhodes
“Trump has one last chance to man up and fulfill his oath. Will he?” -Rhodes
“The tip of the spear has entered the Capitol…”
“What kind of numbers do we have going to the Capitol…?”
“It has spread like wildfire that Pence has betrayed us…”
“Trumps been trying to drain the Swamp with a straw. We brought a Shop-Vac.”
“Instead of a Shop-Vac, I think you brought a fleet of A-10 Warthogs…”
Now switching to video of Harrelson and Dolan already on Capitol grounds, around 2pm. Then back to video of Stack 1 at 2:05pm coming up PennsAve. Back to animation and video of Dolan and Harrelson moving toward east side Capitol steps, then moving up Capitol steps, with USCP officer retreating.
Back to messages . . . from Caldwell to Watkins, reporting on tear gas and violence on west side of Capitol. 2:19pm we see photo of Caldwell near Peace Monument:
‘Where are you? Pence has punked out…”
‘Patriots in Capitol”
“They have taken ground at the Capitol.”
“We need to regroup any members who are not on mission.”
——
Showing Facebook Live vid by Kellye Sorrell, as she and Rhodes are walking in the direction of Harrelson and Dolan, on east side of Capitol. “They broke the barrier, they got up there . . . here’s your silent majority folks . . . the storm arrived.”
More Zello and video slides of Watkins and Stack 1:
“Jess, pull as much intel as you can…”
Evidence presentation is quickly jumping back and forth between Sorrell FB Live vids, and chats from other OKs.
“Go to the south side of the US Capitol.” -from Rhodes to Meggs
“That’s where I’m going.”
(All these movements are being illustrated by fast moving animation on maps, video, photos, and chat slides. Most in chronological order - except when tying previous messages to current ones.)
From VA hotel (Vallejo): “Have two trucks available . . . let me know how I can assist?”
Rhodes responds with photo of NW side of Capitol.
(More technical descriptions of extraction methods for recovering text and Signal messages from phones.)
Now a series of messages between Rhodes and others identifying their locations around the Capitol . . . and attempting to coordinate meet-up location . . . more rah-rah messages and Zello recordings of “Patriots this,” and “Patriots that,” “Patriots got it,” messages. Then long Zello stream of sharing news reports they are hearing . . . discussion about stories of Antifa being the ones who busted windows and doors . . . and even possibility of Antifa joining in the fray . . .
Then, the Mayor of DC’s 2:31pm curfew order is read to the court.
Judge Mehta calls for lunch break at 12:34pm . . .
——
***Lunchtime observations: This is a well-orchestrated, well-scripted, well-funded, presentation by the government, but it is mostly an attempt to conflate many non sequiturs into the narrative of the Oath Keepers having ‘led and orchestrated’ those attacks on the Capitol . . . expect that they all happened well before their arrival at any of the barricades, doors, windows. Those deeds were done by those with whom the OKs had no association, communications, or knowledge of. Unfortunately, their ‘rah-rah patriot’ lingo, and anti-Biden, anti-Pence, Trump-failed, jargon is the very basis of the “conspiracy” charge . . . which is almost impossible to defend against. “State of mind” is the same as “thought crime.” Conspiracy is the worst of all legal pretenses. If two people plan to rob a bank, buy the guns and other tools, get in the car, go the bank, and before going thru with the deed, chicken out . . . they are still guilty of a conspiracy to rob that bank, (if that planning is discovered), even though no harm was done to anyone in their planning. This is why Rhodes legal team is basing their defense on the notion that Rhodes and the OKs “language” and planning were only going to be initiated if Trump invoked the Insurrection Act - ostensibly giving them the legal cover for that bravado language and planning . . . and the QRF across the river. It’s MOST unfortunate that members of the OKs actually entered the Capitol building. Even though they didn’t participate in the violence or property damage related to those breaches - even those OKs with the most non-confrontational ‘state of mind’ get trapped in the wide net of the legal context of what is “conspiracy.” Not to mention the political narrative and optics which have been successfully created in the minds of the public, and these jurors. Just going inside that building IS tantamount to “insurrection” in that successfully perpetuated narrative.***
——-
Mehta back at 1:24, and has Fischer - for Caldwell - come forward to present objections to certain of the evidence yet to come forward. The government is making their arguments, even showing the judge videos of their intended presentation. Much wrangling. Mehta wants to take this up later - at afternoon break - and not keep jury waiting.
Jury back in at 1:52pm.
——
Nestler resumes direct of Agent Drew . . .
Screenshot from Harrelson’s iCloud account, of his “notifications” while in lockscreen mode, received from Apple:
Multiple notifications on his home screen from the Signal chat groups. Also news story notifications on home screen. All beginning around 6:30am.
Jumping to 2:32pm, they show time synched photo of Rhodes’ location, and video of where Stack 1 was located at that moment. Then they show phone records of calls between Rhodes, Meggs and Green. Now showing cell phone video of Stack 1 moving toward east Capitol steps, alleging that phone call elicited that movement. 3-4 minutes later, the stack is ascending the stairs, and Harrelson can be seen near top of steps. At this time they show video of Rhodes on WEST side of Capitol.
——
Back to Zello recording at same time: “…with or without Antifa. If they want to join in, let them join in.”
To Watkins own phone video from East steps . . .
CCTV from inside the east Columbus doors . . .
Jump to Signal message from VA hotel (Vallejo) . . . “QRF standing by, just say the word.”
Back to interior CCTV: First OK enters at 2:38pm, behind large crowd that preceded him.
Stack 1 then enters . . . proceeds through crowd toward Rotunda.
*Rapid fire jumps from videos, photos, rah-rah messages. Too fast to keep up with. This is all happening at about the same moment, from different locations at or in Capitol, as well as from hotel in VA.*
——
Back to Zello recordings: “There’s no place in the Unites States for these mother f—kers...”
Video from Rotunda overlayed with Zello recordings at same time - (2:44)
***Nester is moving at rapid pace, bouncing from format to format - ostensibly in chronological sync - and Agent Drew is mostly confirming every question he asks . . . just as quickly. Impossible to keep up (typing) with the narrative. He is attempting to recreate - with the speed and changing evidence formats - the chaos of the experience in and around the Capitol, mixing in the “Rah-Rah” “We’re in the Capitol!” language of various OKs. This is an effective psyop on the jury itself. And that’s a fact, regardless of how you feel about the OKs guilt or innocence.***
Michael Greene at 3:06pm: “Were storming the Capitol.” (Then they parse out his failure to use the apostrophe in “were” vs. “we’re.”
——
“Fucked up Nancy’s office . . . “
“Police are pulling their guns . . . “
“F-ck em” -Rhodes
“Trump better do his damn duty . . . “ -Rhodes
“Nope, I’m right here . . . these are patriots.” -Rhodes
Switching back in time to video on NE lawn of Capitol, showing Dolan and Harrelson shooting video on their phones while on lawn. Then show video of rioters pushing through east barricades. Followed by video and photos of Dolan and Harrelson moving toward Capitol steps, then other moments as the two move up the steps. Then mixing in the arrival of other OKs in rapid succession. (Much faster than it happened in actuality.)
——
More videos, from multiple angles, with screenshots identifying each and every OK as they start moving toward the open east side Columbus doors. (With a couple of overruled objections thrown in.) Same presentation style . . . a few seconds of video, then screenshots with outlines around identified OKs . . . rinse and repeat, ad nauseam. (Nestler asks Drew to speculate about meaning of certain arm motions and gestures. No objections. WTF? I even got the NPR gal to agree with me on that one.) Same presentation, over and over: a few seconds of video . . . freeze frame on OKs . . . rinse and repeat. Switching back to interior CCTV cameras angle . . . the Rotunda lobby is packed with people before first OKs begin entering. As they enter Rotunda, more freeze frame and IDs of individual OKs.
Mehta calls for afternoon break at 3:07pm
——
***NOTE: This presentation is taken from a 20-minute video file, that cuts in fast, short segments, literally implying that Dolan and Harrelson participated in the breach of the barricades. (They did not.) The parts of the video edited out by government shows they were no where near the barricades breach, and even showed Harrelson’s stunned surprise - from a distance - when that happened. By the time the two reached the point of where those barricades once existed, a massive crowd had already preceded them. This is a highly deceptive edit of the many videos available. The defense will most certainly show all these sequences in actual context. The one thing I am certain Mehta will not allow to be presented . . . are the dozens of UNIDENTIFIED CONSPIRATORS and AGENTS PROVOCATEUR in that half-hour (and before) of video on those barricade lines and on the east steps. To the “Sedition Hunters” following this thread . . . even you know there are dozens of unidentified - as well as IDENTIFIED provocateurs, not charged with crimes - in this scene***
——
Mehta returns at 3:27pm . . . Fischer steps forward to continue objection to a video that attempts to show his client - Caldwell - at the violence from the west tunnel. Mehta decides to only allow 10 seconds of the 30 second video. Nestler begins arguing that there’s plenty of other photography to show Caldwell in that area for much longer. And . . . we’re back to video review. Mehta stands on his suggested edit . . . and advises Fischer that he can make his point during cross.
Jury back in at 3:31 . . .
——
Nestler resumes direct of Agent Drew . . .
Begins by showing photos of Mrs. Caldwell on west side, with west tunnel in background. They run the 10-second video, (cutting where Mehta directed).
Back to showing videos from inside Rotunda, with same start/stop/freesframe/zoom/circle/identify OKs - over and over - same characters as they progress through rotunda.
From Harrelson’s phone video, someone says, “This is our f—king house.” and “Tear gas, tear gas, tear gas!” and more audio from Harrelson’s phone, which they never identify as actually Harrelson.
Objection from Geyer. (finally) . . . sidebar . . . Mehta instructs jury it will ultimately be up to them to determine whose voice it may or may not be on the video. (WTF?!?!)
(SERIOUSLY . . . WTAF kind of instruction was that from Mehta?)
——
Nestler and Drew continue:
“Senate’s on this side, House is on that side?” - said by person not connected to OKs, in the presence of Watkins and young.
Videos and screen screenshot of group of OKs, with Isaac’s saying, “The fight’s not over,” waving that group in the direction of the Senate.
Objection . . . sidebar . . . (apparently overruled) . . . more quick video and freeze-frames ID-ing OKs as they head toward Senate amidst a packed throng of people in the hallway.
“Push, push, push, get it in there. They can’t hold us.” -Watkins
Now showing body cam of MPD officer: “Sorry, they’re pushing, they’re pushing.” -lady being pushed by Watkins and others.
“We need a second wave. Come on, push on.” (Rioters repelled by pepper spray.)
“Just a little mace, right?” . . . “Nothing like it.” -Watkins
——
Now jumps to video from inside Senate chamber synched to same time as the previous video shown of OKs moving toward Senate. They jump forward approximately 20 minutes to show sceenshot of those rioters who did eventually enter the Senate, (famous Qanon Shaman scene.)
Back to 2:41pm - back in Rotunda. Jumping between various cameras and angles, identifying progress of a different group of OKs.
Freezeframe of Harrelson and USCP Officer Harry Dunn. Then sequence of #StepheneHorn video showing:
“We’re not here to kill anybody, we just want answers.” -Meggs
Jumping back in time, all the way to 2:04pm with exterior map animation of stack 2 movement to Capitol, and FB Live of Roberta Minuta driving stack toward Capitol on a golf cart. They eventually proceed on foot. Jumping to 3:18, stack 2 of OKs enter east door of Capitol.
Video now shows confrontation of Joshua James losing his sh-t on MPD officer. "This is my f-cking capitol, not yours. This is my building."
NO further questions . . .
——
Fischer - for Caldwell - begins cross.
Fischer addresses the fact Caldwell was with his wife all day, and they were wearing no military style gear or protective equipment. She agrees he was wearing no helmet.
Fischer pulls up gov video at approximately 12:57pm when outer barricades and police from Peace circle area were already gone, approx 16 minutes before Caldwells arrive. Drew confirms they have first photography of them there at that time, “yes.” Fischer continues to establish Caldwells arrived long after barricades and police were gone, then establishes that Caldwell was not receiving Signal chats from Rhodes. Drew agrees.
Fischer establishes all the various OK characters with which Caldwell had no communications on J6, or ever.
Fischer: “Have you ever heard of an alibi?”
Drew: “Yes.”
Government photo shows Caldwell at Peace fountain at time of breach of Capitol - which was not restricted space that day (Drew agrees) - yet he is accused of “Obstructing an official proceeding.” Fischer had to force her to admit this was the evidence presented BY the government, “This is YOUR evidence.”
Fischer gets Drew to agree that Caldwell had no contact (digital or physical) with any of the defendants - except for Watkins. “Not that I can recall.”
Fischer attempts to show that after the video of Caldwell talking about “Nancy’s doorknob,” their own video seemed to indicate they were ready to pack up and leave the area. Agent Drew does not concede the point.
Fischer gets Drew to concede that Caldwell had sent his ‘recce’ report back indicating where Porta-Potties were located. Then begins to try and get Drew to agree that the QRF routing Caldwell recommend was not workable . . . OBJECTION . . . sustained.
Drew agrees that Zello had not been used on Caldwell’s phone since November of 2020.
Fischer begins showing Caldwell’s emails and maps regarding his desired parking areas as well as possible routes for QRF.
Fischer done at 5:00pm . . .
——
Mehta dismisses jury and witness . . . asks attorneys if any loose ends need to be tied up.
Juli Haller has objections to some brand new photos just reveled to defense to be used by government. They go back and forth. Mehta makes no ruling yet.
Geyer comes to podium and complains about the editing of the video presented by government. Mehta gives Geyer the go ahead to counter the government’s case in his cross with any video he chooses.
All done at 5:11pm.