I said I'd give you both the good and the bad, and today was not a good day for the defense.
Day 15 of Oath Keepers Trial
At 8:58am one of Judge Mehta’s assistants places a phone call to the Alexandria Jail requesting Stewart Rhodes. (We have that audio feed in the media room.) Mehta enters courtroom at 9:02am.
Mehta announces that he’s learned Rhodes is prepared to waive for a handful of the witnesses. Rhodes lawyer comes to podium to say Rhodes has agreed to waive his appearance in Court for a total of 8 government witnesses.
Rhodes takes phone at 9:06am, with Mehta. (We cannot hear Rhodes’ voice clearly.) Mehta is explaining to Rhodes his rights with regards to his waiver to have no access to the trial - in person, video, telephone, etc. - though that is his legal right. Rhodes is giving up his right to hear these testimonies under direct and cross-exam.
Even though these witnesses may not directly mention Rhodes, this is a ‘conspiracy’ charge, so anything witnesses say may ultimately impact him by way of the conspiracy. Mehta gives Rhodes the option of how the jury will be informed about his absence and medical condition. (COVID, or “short term medical condition.)
Rhodes chose “COVID.” Mehta is now reading to Rhodes the list of government witnesses for whom he has agreed to waive - with brief description of the subject about which each witness will testify - having Rhodes agree to waive each, individually.
Government asks for clarification that Rhodes is not on any medications that might prohibit his ability to understand what rights he’s giving up. Mehta finds that Rhodes is capable and knowingly understands the terms of his agreement to waive these rights.
It is established the jail is holding a hardline on their 10-day quarantine rule, and Mehta says that he will work with the Marshals and jail, to see if by Sunday he’s asymptomatic and tests negative, they might allow him to be back in court next Monday, which is longer than the CDC’s current 5-day recommendation.
Rhodes asks Mehta to assist with getting him some vitamins in jail. Mehta explains that this is out of his purview.
——
The subject turns to attorney Woodward’s current medical condition, following yesterday’s scooter accident, and his wife’s impending childbirth. Woodward’s co-counsel, Haller, explains he his out of the hospital and intends to be in court tomorrow, if possible, and if there’s no birth. Haller explains they are able to proceed without Woodward for a couple of days, but that he is needed for certain other witnesses now scheduled this week.
Mehta informs Haller that she needs to be prepared to cross-exam these witnesses in Woodward’s absence. He then explains the need to move this trial along as quickly and efficiently as possible due to so many competing schedules at the conclusion of this trial . . . including those of certain jurors, and others with medical conditions which could be exacerbated the longer this trial proceeds. AUSA Nestler seeks further clarification about Rhodes’ potential scheduling so they can properly advise witnesses.
Mehta hits the ‘pause button’ so that he can go speak to ‘juror 12’ about his particular medical condition, (sciatica), to learn if he will be able to not only “be seated - literally and figuratively - today,” or even for the remainder of the trial.
So . . . Rhodes has COVID . . . Atty for Meggs suffers a severe bone break while also waiting on the birth a new baby . . . and we may lose another juror . . . all in the same day. (As someone just messaged me: “What a sh-t show!”)
——
Mehta has ‘juror 12’ actually take the stand to ask questions about his ability to continue. juror responds he should be able to do so. Jury is finally seated at 9:45am. Mehta now informs the jury of Rhodes’ absence, COVID infection, and the waiver of his right to appear.
Special Agent Drew returns to witness to resume her cross-exam from Friday by Geyer, (for Harrelson). Geyer wishes to go back to earlier in the day on J6 and moves to enter new video into evidence which shows Harrelson and Dolan on their security detail that day. Drew identifies Harrelson inside the security barriers at The Ellipse, in very close proximity to where The President is speaking on the stage.
Drew also identifies Tom Burgess from the video. She then identifies Dolan. Geyer is trying to make the point that Harrelson and others are engaged in a security detail, watching the movement of the crowd participants rather than watching Trump’s speech. Video shows Harrelson and Dolan leaving the Ellipse with a large group of people who all have hands on each other’s shoulders to avoid getting separated as they start moving toward the Capitol.
Agent Drew identifies the movements of this group being escorted by Harrelson and Dolan, but she continues to refuse to call this a “personal security detail.” Geyer switches back to his previous quad-screen synched videos which show the movements of Harrelson on PSD while also showing the violence and barricade breaches were already engaged before the arrival of Harrelson and other OKs.
Geyer is now showing the breaches by provocateurs are taking place before and away from the OKs, and that they are not involved. At one point Geyer asks Drew if in any of her investigations she’s made connections between OKs and those who breached the barriers. She answers that she has no knowledge of who is in those crowds.
Once again Geyer tries to introduce one of the more famed unindicted provocateurs, and Mehta interrupts, telling him to move on. Geyer introduces another video showing a discrepancy in video timelines presented by government.
Once again, Mehta becomes impatient with Geyer and calls a sidebar. (Recurring theme.)
——
When sidebar is over, Geyer is allowed to continue, but you can see and hear Mehta becoming more impatient with Geyer’s plodding pace. Geyer continues to press on time discrepancies between certain videos. Mehta again tells Geyer to move on.
NOTE: Because of my familiarity with Harrelson’s case and these videos, I know where Geyer wants to take this witness . . . but I’m absolutely certain Mehta will not allow him to continue if he pushes the questions toward “provocateurs “ any further.
<Mehta calls another side bar>
Geyer is allowed to continue, and comes back showing yet another video which expands upon shorter versions shown by the government.
<Geyer is going to get shot down . . . he’s pushing it>
Geyer is now showing the synched videos showing the OKs on the East steps were many feet away from the door opening and officers being sprayed by provocateurs with mace, while OKs are still down on steps with backs turned to the violence and door opening. Geyer’s synched videos clearly show the the OKs are not involved in the door breach or violent skirmishes at or near the door. He is now showing the OKs didn’t begin moving toward that door. Drew is clearly getting irritated with Geyer as well. Mehta once again tells Geyer to move on.
Geyer takes the video toward the moment OKs encounter Officer Dunn, and asks Drew to verify they offered to help Dunn - she refuses to do so. Geyer is trying to show from Stephen Horns’s video that one of the OKs is pushing a provocateur away from Dunn. Geyer switches to Capitol CCTV camera angle showing their movements inside Capitol.
<Objection . . . Mehta asks to see the video before ruling . . . then asks Nestler what IS the objection . . . Mehta is inclined to sustain . . . Geyer argues . . . Mehta calls a sidebar>
Sidebar concludes and Geyer is still proceeding . . . though it appears his most recent video presentation has been overruled. Geyer searches for a video . . . can’t find it . . . then says, “No more questions.
Crisp - for Watkins - takes over cross of Drew.
——
I’m back in media room after my radio appearance. Crisp is still questioning Agent Drew. He has tried to enter new video evidence which is objected to by government. Mehta is clearly not in a good mood today, and perhaps, rightly so - given the obvious disruptions and the slow pace of both Geyer and Crisp bringing their video evidence in.
——
Crisp is having difficulty bringing up his video, and Mehta asks him to skip forward to something else he has better, immediate access to. Crisp pulls up a Signal DC Op chat record. Tries to show the discrepancies between time messages were sent by Rhodes and when they were ultimately received. Agent Drew states she isn’t an expert in the extraction methods or software used by the FBI to pull this data. He then asks her if she made any effort to personally verify the accuracy of the data. “No.” <sidebar called>
Agent now admits that the data showing the time messages were sent proved no verifiable proof of when those messages were actually received. This is a continuation of questioning showing that it was impossible on J6 for the OKs to be moving in coordinated direction or action by virtue of commands and comms from Rhodes or anyone else. Crisp asks if she recognizes certain messages, Nestler objects, Mehta overrules and allows the line to continue.
——
Crisp changes direction and begins to reference the discussion of the term “stacks.” Drew confirms she was a Major in the Army as an MI officer. Crisp also identifies himself as having come from a similar military background. Crisp asks her about her training and familiarization with various training manuals.
She cannot recall the concept of a “stack” being used in any other context than going through a room- or building- cleaning procedure while fully armed, but NEVER when moving through a crowd. From her own training she confirms that she was never taught to use a single-file stack for breaching a door - but rather parallel formation only.
——
Crisp goes back to call records between Watkins and Caldwell, verifying times of specific calls made, and that were no calls from Caldwell to Watkins at specific times as previously presented in the government’s evidence. She admits that she has not personally verified and is unaware if anyone with FBI checked records directly extracted from Watkins phone.
***Side Note: These message extraction exhibits invariably bog down in details and numbers. I can only imagine the jurors eyes are glazing over and they are nodding off. That said, these discrepancies in the government’s assertions of the bravado language being used to direct the action of the OKs on J6 simply didn’t happen, by virtue of technology failures in such a large crowd. (The press pool is also clearly bored.)
Crisp has no further questions, and Mehta calls a sidebar. He then sends to the jury and Agent Drew out of the courtroom for lunch break at 12:15pm.
——
Nestler informs the Court he intends to ask Drew on redirect about Caldwells other charges, not previously brought up in direct. Haller is objecting to a short video to be presented to a later witness, when the longer video will better show the state of mind of a certain officer to be presented in the video. Mehta doesn’t see the relevance of the officer’s state of mind, because he is not directly present with the witness in the video. Mehta is shooting down Haller with a real edge in his voice. Haller pulls back and Mehta leaves for lunch.
This exchange was all too difficult to follow, but Mehta’s problem centered around well-defined rules of evidence around which Haller was apparently trying to find a workaround. Mehta had none of it.
——
***Personal Observation: Obviously, the jury did not hear that exchange between Haller and Mehta . . . but they’ve seen enough today. The defense ‘victories’ won during cross of Agent Drew on Friday, have been basically soured by rather lackluster crosses by both Geyer and Crisp, and Mehta’s mood today. Defense lost the momentum they had at the close of last week. They’d better hit the reset button at lunch. Frankly, I wish Rhodes had given the Court a giant middle finger this morning, throwing the whole thing into chaos, and even the potential of a mistrial. I think in an effort to both accommodate Mehta and show good faith cooperation to the court, Rhodes’ team made a huge mistake in the waiver accommodation. The JURY doesn’t see ANY of that, and this Court is NOT THEIR FRIEND. I’m genuinely beginning to suspect Rhodes’ Texas lawyers want to get the hell out of Dodge, and go home, rather than plunge a dagger in the heart of this monster. Rhodes, having stood on his right to be in this courtroom for every minute of this trial could very well have done that very thing. I will ask what they were thinking, ASAP, but i’m not sure what answer will change my mind.***
——-
Court back in session at 1:17pm . . . lawyers take up the debate over presentation of Officer Owens and coming video presentation. Haller argues there is no connection to any of the defendants in those videos, therefore prejudicial. Mehta asks gov how far away the OKs are from the scene? “Are they just a few feet away?” (Aiding and abetting a civil disorder?) Haller argues that Watkins is not even in the same room. Mehta says she ultimately joined that crowd later, and therefore to the charge of aiding and abetting, he will allow the video. (Mehta has given no quarter to the defense today.)
——
Agent Drew is back on witness stand for redirect. Jury returns at 1:27pm . . . (Mehta returns to his nice ‘welcome back’ voice for the jury.) Nestler begins redirect . . .
Are you aware Caldwell is charged with . . . [lists charges], “Yes.” Nestler is basically reiterating Calwell’s alleged participation in all elements of the conspiracies for which he charged - pre-J6 and on J6. (Reminding the jury of certain elements, after the defense’s obvious victories during cross last week.)
——
Nestler made one final attempt to reintroduce the ‘sext’ thread - OBJECTION! - “No further questions.” Agent Drew dismissed.
——
Next witness: Ryan Salky - Citadel grad, Marine, Charleston Police officer, then USCP (Now works as deputy sheriff for New Hanover County in NC . . . describes his training as a uniformed federal police officer. Was not scheduled to work on J6, but took over someone else’s shift. Describes his shift duty that morning.
Begins describing the arrival of more agitated protestors on the East side, where he was all day. Then, began hearing the ‘screams’ on his radio of USCP officers on the west side who were being attacked by protestors.
Using video put into evidence by Geyer, Salky begins showing where he was located on the east side barricade line, slowing showing the crowd pressing harder against the barricades. Salky is able to identify himself on the police line.
Salky answers that he would normally arrest violent protestors, but that crowd size was too large, and that officers where overwhelmed by that crowd. He was asked why he didn’t call for back-up, and explained that everyone they had that day was already deployed around the Capitol.
——
***NOTE: My first and most frequent question about J6 has always been: Why were only a couple hundred officers, of a force of 2300, on duty the day there was a published march on the Capitol, and given the importance of what was happening that day inside the building, including the presence of the VP. Hopefully, SOMEONE on the defense team will ask Salky to explain why so few of their number were on duty.***
——
Salky begins describing how he and the other officers retreated from the barricade breach and set up a secondary police line into middle of the Capitol’s east side steps.
Videos now being presented showing the crowd on the steps pushing harder against the police line, and eventually forcing their way thru.
He acknowledges he knew there was a higher level of security present because he VP was present in the building - (Yet understaffed USCP still not explained.)
“Were you armed?”
“Yes.”
“Did that effect your thought process in how you dealt with the crowd?”
“No.”
“Did you ever consider unholstering your weapon.”
“Yes . . . when a flash bang went off at my feet.”
Salky says it’s completely ironic the protestors were singing the National Anthem while attempting to storm the Capitol.
Describes getting hit between 8-12 times by OC spray.
At 1:31pm he was pressed against the Columbus doors with only one other officer, and he used a broken flag pole to slide between the door handles. After getting hit by spray, he turned his head to see inside the Capitol, rioters had already entered from the other side.
Afternoon break called at 3:03pm
——
Court resumes at 3:23pm . . .
Gov begins by playing a long video of the assaults taking place on the officers at the east door - same scene as before, but from a different angle - including Salky. (What this jury will never be shown is how many of those involved in that specific assault are the real conspirators, un-indicted, and otherwise.)
New video being introduced, showing the crush of people - coming from inside and out - at those same doors in the moments after the doors were opened. He’s shown bear hugging a cop in riot gear, to keep him from falling over and being trampled. (hard to stand back up with all the “hard gear” on.)
Video images of OKs in the back of that scrum now being shown participating in the push toward the open east doors, eventually showing OKs pass through and enter Rotunda.
Salky describes how he never received offers of help from any of the protestors. He found it a funny question, that people who’d just spent an hour pummeling them would bother to offer to help them.
——
Now showing image of Salky pushing someone dressed in tactical gear away from. Said he felt more at risk from such persons than those simply in red caps.
There was a humorous moment when he remembered seeing the “stupid man who brought his dog to a riot.”
Eventually showing still images from later in day when Salky was trying to secure the east side and remove all remaining protestors. More videos of he and other officers securing east doors later in the day.
Salky describes coming up on someone who was receiving CPR, who he believed was already dead.
No further questions . . .
——
Haller - for Meggs - begins cross . . .
She asks if he’s seen large events at the Capitol before: Yes.
She asks if he was aware of what was happening at the Ellipse that day. He was only aware something was “going on at the White House that day.”
Was he informed about any permits or applications that had been approved and scheduled for that day on the grounds? NO, he was not informed of any additional events scheduled on the Capitol grounds that day.
He had no knowledge of any permitted events that day on the Capitol grounds.
Haller asks him if he saw any “peaceful” people mixed in the the rioters that day. He refused to acknowledge that he ever saw any peaceful people from his perspective.
Haller tries to present a photo of another officer on the east side of the Capitol. in the process of trying to get it admitted, Mehta called a side bar, but she continued to make her argument (over objection), at the lecturn. Mehta lost his temper at Haller, telling her to make her case “AT THE PHONES!” (First time Mehta showed his temper in front of the jury.)
——
Coming out of the sidebar, the defense called a 30 second huddle, which Mehta allowed. It appears that photo was not permitted.
(The Defense is clearly shaken today. Not by any significant government evidence, but by their own errors.)
Deputy Salky is stone cold and buttoned up. Doesn’t give an inch on anything other than the facts and what he himself specifically knows about or witnessed firsthand. He pushes back against what he deems insignificant or ignorant questions, frequently and hard. His body language has turned from one of professional cooperation with a mutually agreeable partner, to one who obviously disdains the position he is now in. Admittedly, Haller is not formulating her questions very well, but Salky is having none of it. Being very combative. Mehta jumps back in to chastise Haller for asking Salky questions for which he has clearly stated he has no knowledge. Haller snaps back and Mehta shuts her down. She’s now clearly shaken, but manages to compose herself and proceed.
Salky seems to have realized they have brought Haller close to the breaking point, and he has now softened his tone toward her - saying ’yes ma’am’ and ‘no ma’am’ more respectfully.
<Mehta calls another sidebar . . . I think he may blow a gasket before this day is over.>
He has obviously told Haller to move along and pick up the pace, but she continues to struggle.
——
Haller concludes by asking a series of questions Salky refuses to answer - though more gently than before - and Haller finally throws in the towel.
Fischer - for Caldwell - takes over cross. Fischer only asked one question about the Congress being evacuated . . . some confusion, in Salky’s understanding . . . they found a mutually agreed upon answer, and Fischer asked no more questions.
Crisp - for Watkins - takes over cross. His first question was about the stolen police riot shield that was prominently shown in the government’s video evidence from outside. Then they go back over the “stack” definitions yet again.
(Someone on the defense team needs to fake a heart attack, and let the clock run out on this day.)
——
Crisp is done after a short back and forth about those damn “stacks.”
Redirect begins, and Gov atty takes him back to a video still of the crush on the east door.
Gov: “Did anybody help you that day?”
Salky: “No.”
Gov: “What would have been helpful for you that day?”
Salky: “If nobody had showed up.”
No further questions . . .
And with THAT, Mehta dismisses the jury and asks Nestler which witnesses will be called tomorrow. (We may possibly see Officer Harry Dunn tomorrow.)
Then Mehta and Haller get into another bickering match. He tells her - in the absence of the injured Woodward - she can either prepare to cross exam the witnesses, or she can simply choose not to.
Mehta says bye and just walks out.
WOW.
