Special Note: Day 19 began as usual, but by mid morning something was wrong. (Yeah, this whole trial is wrong . . . but I'm talking about something else.) By 11am, I was holding back unspeakable abdominal pain. I knew right away it was food poisoning. Nothing else like it. I was ducking out of the media room so many times -- headed to the Men's Room -- I was certain the US Marshals would eventually search me, to see if I was on a cocaine binge. By the time Judge Mehda called for the lunch break, I'd already mapped out directions to the closest pharmacy. (Not sure what would have helped, but . . . desparation was in the air.) It was a 0.4 mile walk. I only made it two blocks before realizing I'd never make it, and returned to the courthouse to gather up my things, order up an Uber, head to my AirBNB, and writhe on the sofa for a few hours.
Bottom line . . . I only captured the first part of Day 19 before throwing in the towel. But, time is the great healer -- if food poisoning doesn't kill you, first -- and I lived to get all of day 20 in the can. Or, tweeted out to the Twitterverse, as it were. Here's the catch-up compendium of both days . . . totally unedited for typos. (Day 20 was a doozy, BTW.)
Day 19 of Oath Keepers Trial - Nov 2
Today is suppose to be the final day of the government’s case against Oath Keepers Rhodes, Caldwell, Watkins, Meggs, and Harrelson. Did the DOJ save their best for last? Frankly, if this was not in front of a DC jury, I’d say they’ve come no where close to proving guilt beyond any reasonable doubt. That standard - here inside the Beltway Swamp - is obviously something else, entirely. The defense teams will have to lay it all on the line when they get their turns, even risking the Wrath of Mehta if they wish to save their clients from decades in the federal gulag. (That, and the DOJ is up to some seriously dirty tricks, about which have been shared with me … ‘off the record.’ I’ll get them to you as soon as I get the thumbs up.)
Stay tuned. Tweetstorm is coming . . .
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Judge Mehta takes the bench at 9:30am, and immediately says he wants to rule on the legal issues disputed yesterday:
First, he rules, with regards to certain inflammatory statements made by Caldwell, Meggs, and Watkins, they should have been aware of potential criminal liability in making those statements and even claims about their activities which they actually never did, or followed through with, or even believed to be true. They could be argued to be “co-conspiratorial” statements. Mehta basically goes through each of the disputed statements, and only has hesitation against admitting one of the statements. Nestler even argues adamantly to include that one “bone’ Mehta is trying to throw the defense. (Which literally doesn’t matter. It’s like putting a single green pea on one side of the scale, against 10 lbs of lead on the other side.)
As to the other two matters . . . complete win for the Government, despite Mehta’s feigned concerns
Jury seated at 9:54am . . . Mehta is now asking for the slide for that ONE statement that they should only consider as admissible against Caldwell . . .
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Agent Harris is back on stand for continued cross by Crisp (for Watkins) . . . basically just revisiting certain chat statements and having Harris verify which of those chats Watkins was either a part of, or not.
Crisp now showing a screenshot of NE area of Capitol from CCTV video. Harris doesn’t recall ever seeing this image, but knows the location. Harris identifies Watkins in the video, walking away from the Capitol at approximately 3:30pm.
More CCTV video shown from a different angle of Watkins leaving the Capitol grounds. Harris corroborates time, location, and direction Watkins is leaving. Crisp brings more such photographic and video into evidence showing Watkins’ departure and continued movements away from Capitol. Harris continues to validate each as accurate representations.
——
Crisp now shows Bodycam video of a stop and search action by MPD officer of Watkins and two others as she continued her departure from Capitol. Video shot fully cooperative behavior by all three. Showing IDs, providing addresses, allowing search of backpacks and tactical gear compartments, etc., at 4:29pm. More vids of that stop and search showed. Harris agrees they were fully cooperative with the officers.
Map now being presented by Crisp, showing the rate of the 1.5 mile walk before they were searched by officers. Harris also agrees there is no information indicating Watkins ever returned to the Capitol.
No more questions . . .
——
Nestler returns for redirect. Confirms that Watkins and one other had bear spray and OC spray on their persons when they were stopped. (Legal, BTW.)
Nestler goes back to chat messages and videos dealing with Caldwell’s activities and location on west terrace when those police line broke down, and later. Showing Caldwell had moved all the way up to the stage, with thousands behind him.
More texts and photos of Caldwell approved by Mehta. One of him wearing an OK t-shirt.
Caldwell: “I said, let’s storm the place and hang the traitors.” . . . “Then we started stealing the cops riot shields.”
Rhodes messages: “Patriots are taking it into their own hands.” . . . “South side of Capitol. Patriots pounding on doors.”
No further questions . . .
Agent Harris dismissed.
——
The Government now calls Jason Alpers. From Dallas, TX. 6.5 years in Special Ops, the worked for private contractors.
(Witness doesn’t wish to remove mask. Court provides a clear mask for him. Which did matter a bit in terms of facial expression ID, due to his complete face-covering beard.)
——
Alpers Begins answering questions about his meet-up with Rhodes at an electronics store parking lot on January 10, 2021. It was after-hours, and he met with others for the purpose of providing information to president Trump from Rhodes, set up by long term associate of his, (Rogers). He claims to have had back-channel access to Trump. Alpers had a hidden recording device to capture the audio of the conversation. One person approached him rather aggressively, trying to identify him, (James). Rhodes then identified himself.
Alpers identifies Rhodes in the courtroom. He also confirms that he did in fact make those recordings about to be submitted into evidence.
Alpers did not tell the others he was meeting that he was using a hidden recoding device. (James, Rhodes, Chad Rogers, and Kellye Sorrell., and a couple other unidentified people.)
There was a direction for all individuals to put their phones in a vehicle, for a more secure conversation . . . They took Alpers phone and put it in the vehicle.
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Rhodes says “I mean we heard he dropped the insurrection Act” . . . and then heard he didn’t. The conversation continues with Alpers explaining that Trump would not invoke insurrection act, and Rhodes asking why not. Seems someone talked him out of it. Maybe Giuliani.
Rhodes wants Alpers to get a message to Trump, which he typed into a phone belonging to Alpers . . . and which Alpers then turned over to the FBI:
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AND THE FIREWORKS DROP . . . basically a lengthy message from Rhodes imploring Trump to invoke the Insurrection Act - to go down in history as the one who saved the Republic . . . etc., etc. (Full transcript to come later.)
Alpers begins arguing with Rhodes against the idea of civil war. Rhodes claims it is coming, no matter what. That either Trump declares IA, or Biden/Kamala would use IA against Americans.
No further questions . . .
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Linder - for Rhodes - begins cross . . . asks Alpers how long after making this recording and message before he went to FBI. he sat on it for months. Finally went to FBI in May. Says he waited because he didn’t want to get involved. Linder approaches him with transcript of his FBI interview. The reason he went to the FBI is because he was concerned about the “rhetoric.”
Alpers first became aware of Oath Keepers during a hurricane relief effort in Louisiana. His friend Chad was the one who first brought the name of Stewart Rhodes to his attention.
At that parking lot meeting, he was told Sorrell what the OK and Rhodes’ attorney. He testifies that Sorrell was under a very “high level influence of alcohol” at that meeting.
No further questions . . .
——
Fischer takes over cross . . . and asks what kind of recording device he used. “A thumb drive recording device. Fully functional thumb drive, which also functions as a recording device.”
Alpers says he had no instructions to set up or record that meeting, and never spoke to anyone else before going to FBI.
Fischer asks if he was working with or under guidance of any federal agency at the time. “No.”
Fischer asks if his “inner circle” was giving him some kind of intelligence about bringing up the IA in his conversation with Rhodes. “No.”
No further questions . . .
——
Gov redirect begins . . .
Alpers asked if he passed along the message to the president. “No.” Why? “I didn’t;’t agree with the message.
No further questions . . .
then releases jury for morning break . . .
Nestler announces the government has only two more witnesses today - both FBI agents.
Break begins
——
Mehta returns and asks for update on Mr. Woodward. (We couldn’t hear response)
Jury returns at 11:52am . . .
The government re-calls FBI Special Agent Jennifer Banks (cell site expert).
Just a reverse review of her previous testimony. this time tracing the route of travel back home of the various OKs from DC. Particluarly focusing on Rhodes and Sorrell.
——
No further questions…No crosses…Witness dismissed……Jury dismissed for lunch.
——-
Mehta returns from lunch to some quick legal housekeeping items.
Jury reseated at 1:31pm
The government calls FBI Special Agent John Moore. FBI for 6 years, and Army officer for 6 years. Domestic terrorism squad in Dallas, TX.
Stipulation of military service records of various defendants entered into record.
Was assigned to investigate both Stewart Rhodes and Kellye Sorrell. Investigated evidence that Rhodes stopped using his phone in the days following J6. Stopped using Signal for several days. Reviewed cell site data, and saw that there was a period of time the phones was turned off.
Now showing extractions from Watkins phone. Start showing . . .
. . . . . .
Day 20 of Oath Keepers Trial - Nov 3
Judge Mehta enters courtroom at 9:31am . . . he continues on Rule 29 arguments, (which I missed at the conclusion of yesterday’s business).
Crisp asked Mehta if he would give a jury instruction today, following the comments in
President Biden’s speech last night about January 6th. Mehta is hesitant to bring instructions on such matters, because he didn’t instruct jurors to avoid ALL news and political matters. Crisp returns to emphatically request the jury is polled as to whether or not they heard Biden’s speech. He also admits the other defense counsel prefers it’s not brought up at all. Mehta is now asking Crisp as to the nature and the content of the question to be posed. Nestler adds he thinks defense teams need to has it out, as it “Has more peril for them, than it does for us.” Fischer comes forward to say “this is the reason we petitioned for a venue change in the first place.” Mehta responds he doesn’t this trial “has gotten more play here than anywhere else in the country.”
Mehta has decided he is NOT going to make the enquiry of the jurors, as it unduly brings prejudicial thoughts to the jury, against the defendants.
Bright - for Rhodes - asks about the order for co-defense counsels’ cross exams of the defense’s own witnesses. Nestler races to lectern to argue other defense counsel have no right to cross exam a defense witness, unless that witness directly inculcates one of the other co-defendants. Mehta wants to table this and get the jury in here, but Nestler is still arguing, and telling Mehta he will send him relevant case law from other Circuits. Mehta: “We’ll figure it out.”
Jury seated at 9:52am . . .
——
Special Agent Moore back on stand. Fischer - for Caldwell - continues cross-exam. Fischer gets on the record that Caldwell was NOT part of a series of several OK Signal chats, or even the groups in which they took place.
Fischer begins asking Agent Moore about his understanding of Caldwells rights of Caldwell’s rights as a gun user, owner, and CCW holder to build, repair and purchase firearms in Virginia. Moore diverts and evades answers - to the point Fischer chastises him - and asks him how many times he avoided and diverted and was combative with prosecutions questions? (Fischer, rightfully pissed at this witnesses attitude.)
Fischer now in a series of questions establishing that this Agent is aware about several other crimes for which Caldwell has not been charged but have been implied by his testimony. Then Fischer takes him through a series of questions establishing just how UNAWARE this Agent is of Caldwell’s actual case. (I must have missed something fun yesterday afternoon. Fischer is going hard at Agent Moore.)
——
Surprisingly . . . or, maybe not . . . Agent Moore has dropped his confrontational demeanor and evasive manner with Fischer. A really dramatic shift. Fischer actually humiliated him into a bit more humility.
Now taking Moore through a series of chat slides and pieces of evidence from yesterday, in which Moore may have not gotten exactly right in yesterday’s presentation. Fischer now asking him about how much more ‘preferable’ it is to be more thorough and accurate in his investigations BEFORE bringing charges against a citizen, rather than “arrest first, investigate later” approach. Fischer has Moore now openly shaking, stuttering, and answering “Yessir” to specific questions rather than his previously evasive manner.
(Seriously . . . we’re watching a masterclass in cross-examination tactics.) Even with multiple objections, Fischer has not only gotten his point in front of the jury, but has more importantly turned the government witness from a combatant to a pliant respondent to basic questioning. (Wow.)
——
“Your colleagues at the FBI ASSUMED Caldwell unsent a private video message,” . . . when in fact what he unsent was a public source video which the FBI already had access to. Meaning, Caldwell’s been charged with suppressing and deleting evidence which the FBI already had?
(This basic line of enquiry continues, and Agent Moore can now only respond . . . “I’m unaware,” “That’s correct,” “I’d agree,” or “Yessir.” Seriously, Fischer broke that bitch into a compliant little puppy.)
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Fischer turns over cross to Crisp - for Watkins - . . .
Begins with series of questions about Moore’s familiarity about other FBI agent’s investigations of Watkins. Basically a continuance of Fischer’s MO, exposing Moore’s lack of knowledge and expertise in the specifics of the cases of either Watkins or Caldwell. (You’ve had the ability to actually read about other investigator’s Moore’s humility
Crisp now asking about Moore’s understanding of the military’s “Don’t Ask, Don’t Tell” policy back when he himself was in the military. . . . . . . (We know where this is going, As Watkins is a ‘trans-woman.’)
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Crisp allowed to continue with having Moore explain his understanding of the military’s policy toward homosexuals ‘then vs. now.’ Now taking him back through a series of text messages which Moore testified to yesterday . . . and now reading through messages in same thread not shared in court yesterday.
Moore shown a series of message chats, and asked to agree that certain of them has been read to the court, and others NOT READ, that obscures the context of the conversation. Moore tried to evade - once again - and Crisp snapped him back - “That’s not the question I asked you.” -
Crisp making the point that despite messages shown in court, insinuatingWatkins was planning on “bugging out” or running from the law, when in fact Watkins’ actual behavior was that she turned herself into local law enforcement within 24-hours of learning there was a warrant for her arrest.
No more questions . . .
Gov begins redirect . . . Reviewing a handful of chat slides to remind the jury of what Fischer and Crisp had probably successfully undone.
. . . Announces morning break. Jury leaves. Tells counsel they can make Rule 29 motions tomorrow, and asks if anyone will use slide exhibits in their openings. (Government to rest their case shortly, and deferred defense opening arguments will then begin.)
——
Mehta returned from break and immediately called sidebar. Then talked about last night baseball game before jury brought back in. Gov resumes redirect of Agent Moore, and continues attempting to undue the successful final cross-exams.
No more questions . . . Moore steps down . . .
“THE GOVERNMENT RESTS ITS CASE”
Mehta give s brief explanation of the important milestone reached in this case, (after more than four weeks of government presentations and witnesses), and that it’s now the turn of the Defense to do the same, “they they so wish.”
Mehta calls for an early and extended lunch break - rather than go into lengthy opening arguments at this time. Dismisses jury, and about to send everyone to lunch when Nestler jumps up to push for submission of certain precedent and exhibit documents to ‘chambers’, and get acknowledgement they have been received. Then Haller asks for a redaction on a certain piece of evidence. Mehta wants to see that. Then, Nestler asks the Court to remind that the remaining two defense openings cannot “reference” the government’s “case in chief.” (Which is actually NOT what Mehta previously said. He said they could not “criticize” the government’s case in chief. No one seemed to recall or object.)
Break until 1:20pm
——
Mehta is back and immediately seats the jury.
Brad Geyer begins his opening statement for Ken Harrelson. References to the Governments “case in chief” were objected to a couple of times, and Mehta once called a sidebar to remind Geyer to avoid those references. Unfortunately . . . Mehta’s exact instructions last week were “not to criticize” the case in chief - which Geyer did not do - but Mehta then began refusing “references to.” (Big difference.) Before Mehta began limiting references to the government’s case, Mehta actually gave Geyer a “speed it up” hand single. There wasn’t a time limit placed on the government’s opening . . . which was much longer.
That said, Geyer was able to stick to about 80% of his scripted argument and got across the primary point that Harrelson is not, and has never been a creature of politics . . . AND . . . didn’t participate in any of those rancorous conversations, messages, and posts - as did the other defendants.
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Woodward - for Meggs - begins his opening. immediately get a fierce objection for a reference for comparing J6 to the riots of 2020. Woodward intended to present evidence of the actual purpose for why the Florida chapter of the OKs came to DC on J6.
Woodward presents background that Meggs and other OKs - as the OKs reputation began to grow nationally, were not only growing in numbers, but were beginning to be called for VIP personal protection at all manner of events, including on J5 and J6 - and THAT was the reason they were called to participate in J6. Not the government’s theory of conspiracy to stop the certification of the 2020 election.
Woodward concludes at 2:36, and Mehta immediately calls a sidebar . . .
——
Mehta calls for an earlier-than-usual afternoon break . . . releases jury . . . but keeps counsel in the room.
Government petitions the court to limit the presentation of alleged “good acts” by OKs to only those related to evidence already presented by government. (outrageous request - IMO) Crisp speaks to that because it would limit the presentation of Watkins’ other group in Ohio, and the good works they did there. Mehta actually leans in favor of Crisp’s argument . . . “just don’t get carried away” . . . but, these are not just individuals on trial, but the organization itself has been disparaged, so he’ll allow evidence of ‘good deeds’ not specifically related to either the OKs or specifically related to J6.
Break begins.
——
Mehta back on bench at 3:06pm and jury immediately seated . . .
The defense will begin “out of order” due to scheduling accommodation. Though Rhodes defense is suppose to begin first, Crisp (for Watkins), will first bring Montana Siniff - Watkins’ fiancé - as first witness. After this witness, Rhodes defense will begin, and Watkins’ remaining defense will resume in order.
Siniff begins by answering questions about how they first met, and how their relationship developed. They discuss how they first dealt with the fact Watkins is a trans woman - but he loved her, regardless. They eventually moved in together about 5 years ago.
They are now discussing the foundation of the OSRM . . . Ohio State Regular Militia . . . which Watkins founded, primarily for the purpose of disaster relief, but also in furtherance of her military, EMT and fire-fighting experience . . . and because Watkins felt unfulfilled with her military experience - due to issues regarding her gender issues.
Recalls first ORSM experience at post-George Floyd riots in Columbus, OH, in which they rendered medical aid to various injured protestors. First photo and video presented are showing attempts by rioters to burn down hospital and mental health facility.
Siniff recalls 4 different events in which their OSRM attended protest events between June and October of 2020. The riots in Louisville KY - related to Breona Taylor killing - were first time Siniff recalls interacting with members of the Oath Keepers. They connected with OKs before 2nd Louisville event in order to assist OKs in providing security and rendering aid. They then joined the OKs.
——
OSRM conducted basic fitness and firearm training. There was an OSRM training scheduled for early January, for only about 4-5 members, which would focus on Army style ‘basic training’, but with an emphasis on emergency medical aid and crowd control.
They met Caldwell as his place in VA to prepare for Million MAGA March in Nov. 2020 - ostensibly to provide security for VIP speakers the next day. But, the organizational operation of the OKs was so bad, they really had nothing to do but follow Rhodes around at his various appearances in “whatever camera he could find.” Siniff said he’d prefer never again to repeat that experience.
Begins to discuss the idea of their concerns about various conspiracies revolving around the contested election results: UN interference in US affairs, splintered faction of our own government, forced vaccination requirements.
The reasons for their own OSRM training was to be “fighting fit” for any eventuality - not for stopping the ratification of Biden’s presidency.
——
Siniff decided not to go to J6 event, primarily because of his disappointing experience with OKs previously. Plus, he felt he needed to stay home to work on their struggling business issues, (due to COVID lockdowns). Was he concerned about going to DC on J6? “No.” Did she ever talk about going to DC to stop the certification of the election? “No.”
At some point Siniff learned Watkins went into the Capitol, and was concerned, because t was a really bad idea. She being a very law-abiding person, he didn’t know if Watkins knew whether or not she’d broken the law. Describes how reporters began showing up at her family’s house, and then media started showing up at their own home.
Siniff describes how a particular reporter had doxxed Watkins online, and she felt a need to go somewhere to get away from all the attention. She left and went to Caldwell’s place in VA. She left all her equipment with Siniff in OH, with instructions to turn over all her clothing and gear related to J6 if law enforcement came looking for it. This includes a 308 hunting rifle that she took to VA for J6, and her cellphone. If the place came, he was to call her at the Caldwell’s landline.
——
The FBI did eventually show-up, along with SWAT and local LEOs. He called Watkins to inform her that there was a warrant for her arrest, and she immediately began the drive back to OH from VA. (8-10 hours before she got back.) She acquired a flip-phone to call Siniff on her drive home.
When she arrived home, Siniff drove Watkins and Donovan Crowl to turn themselves in to local law enforcement.
Now showing photos of solid rubber training rifle - inoperable - that looks just like an AR-15.
Now entering Watkins’ medic bag into evidence. Brought to witness stand. For expediency, they will show photos of contents rather than pack and unpack bag. Verifies the contents are consistent with what she would bring to various events.
Crisp concludes with questions about his familiarity with OKs Signal charts and other comms. He wasn’t. And also about Protonmail usage, the did they use it to avoid detection of their comms by law enforcement?
No more questions.
——
Gov cross begins (by Hughes). Begins by showing a video from Louisville riots, and he is asked to identify himself and Watkins in the video reel. Various images of riot violence, gun training, armed OKs guarding people and property.
Siniff is asked about whether he was aware of a QRF in Louisville - to protect things and people from the protestors. He is now asked about Rhodes instructing him what to wear while representing OKs. He considered Rhodes a micro-manager. Now Hughes is asking about mission of QRF at Million MAGA March, and insinuates he was now not protecting protestors, but was a member of the “protestors and rioters.” Siniff pushes back and explains their mission was to protect VIP speakers at MMM.
She is now pushing Siniff to validate the number of weapons brought to MMM QRF. Again, he says she is overstating. At J6 QRF, she brings up his stated concern that the GRF might “ratchet” up things. She presses him to admit his own concerns about her going to J6, and that he was unaware she had taken her guns for J6 event.
Siniff was not on any of the OK Signal groups or other of their comms. Now discussing the Protonmail account she set up after J6, so they could communicate with each other. Also discussion of Siniff’s efforts to reach out to Rhodes after Watkin’s arrest.
Hughes is now hammering Siniff about possible contradictory statements made to FBI and his testimony today. (Did she go into Capitol to “look at paintings” or “storm” the buolding?) Hughes now shows comms sent to Siniff from Watkins after being in Capitol and a video of her in Capitol.
No further questions . . .
——
Crisp returns for redirect, emphasizing that Siniff had been given no opportunity by FBI agent to go over the written 302 submission. Crisp wants to introduce a jail call . . .
Seems the jail call playback has been nixed. Crisp returns with different line of questions . . . about the weapons Watkins took with her for the J6 QRF. There is a question about what Siniff said in the 302 about where Watkins took guns. (DC? Dropped off at relatives of Donovan Crowl?)
Crisp wants to show the full 10-minute video of what happened in Louisville - not the edit version the government showed in cross exam. Mehta says it’s too long before schedule recess.
Mehta releases jury at 4:56pm. Dismisses Siniff from courtroom.
Mehta is addressing length of that video. (OMG . . . defense wants to show 10 MINUTES of something that might put questions in context? But Gov can show HOURS of endless and often repeated messages chats - redundancy after redundancy?)
Mehta is asking everyone to be in courtroom at 8:30 to resolve a number of issues related to the complexities of multiple defendants, including other defense counsel crosses.
***NOTE . . . I’ll have more to add later tonight. Defense is beginning to feel Mehta’s thumb weighing heavier on the scale of justice.***
Nestler wants only sponsoring defense attorneys to be able to object during Gov cross exams their own witness. Mehta agrees . . .
“Good night everybody” (Mehta) at 5:06pm
