The fates of Stewart Rhodes, Thomas Caldwell, Jessica Watkins, Kelly Meggs, and Ken Harrelson are now in the hands of the jury. The final days and closing arguments were not without surprises and more blatant mischaracterizations of the facts by the government.
(Video and Audio Podcast Links, w/ Transcript, included. Also available on all major podcast platforms.)
VIDEO: https://rumble.com/v1wqyxo-steves-thoughts-on-the-closing-days-of-the-oath-keepers-trial.html
Transcript below:
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It’s Wednesday - the day before Thanksgiving. As you can see from the tree behind me - here at my AirBNB in DC . . . all the leaves are gone. When I first started podcasting from here, that tree was full and green. Then they began to turn with the autumn colors, then brown . . . now bare.
That’s how long I’ve been here, covering the Oath Keepers trial - from day one until the closing arguments . . . and now, as of yesterday morning . . . the fate of these five defendants are in the hands of the jury.
They only had one full day of deliberations - yesterday - before the holiday break. They will resume this coming Monday.
Being that it’s a multi-defendant trial, with so many different charges against each individual - including the incredibly complex conspiracy charges - I was pretty sure there was no way this jury would come back with a verdict on day one. Regardless of their own personal and political predispositions, I think even they believed they needed to give each defendant’s unique case, their own charges, and the evidence for and against, a decent once-over before coming back with a verdict . . . or some combination of guilty, not-guilty, or even being ‘hung’ on some charges.
At the very least - they need to put on a show. A quick verdict in such a complex case would scream that “the FIX was in.” Still . . . so cocksure was AUSA Jeff Nestler, he confidently told one of the defense attorneys - while leaving the courtroom on Monday - that he fully expected an unanimous guilty verdict to have been presented yesterday.
Well . . . that didn’t happen . . . so after I take a couple days to spend with my kids for Thanksgiving, I’ll be back in the courthouse on Monday - verdict watching - until these five defendants’ fates are declared.
I’ve got a lot to say about this trial. And much more will be said over time, as I break down various bits and pieces and try to draw more accurate conclusions . . . but I’m going to share with you some of my most recent thoughts and observations - especially at what took place in the last couple of days - focusing on the closing arguments made.
Let me get my one commercial out of the way, first . . .
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One final note . . . despite the generosity of some, the expenses for covering this Oath Keepers trial here in DC hasn’t come close to being covered. And, I’m now being asked to cover another J6-er’s trial - not as big as this one - but every bit as important. Those $5 monthly subscriptions are important, but I need a couple of you who have the capability to help offset the lion share of these expenses with a single donation to come forward, if you can.
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Okay . . . thank you. Back to the report on the last days of the trial . . .
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I haven’t done a video update on the trail for several days - frankly - because I was simply overwhelmed with all that was happening toward the end of last week.
We fully expected that closing arguments would begin as early as last Wednesday afternoon, until attorney Jonathan Crisp - representing Jessica Watkins - pulled a shocking surprise by calling his client to the stand to testify on her own behalf.
Crisp had not shared this with anyone. Not the other defense attorneys - not the government attorneys - and not Judge Mehta.
Immediately upon calling Watkins to the stand, the media room gasped aloud. . . then Crisp informed the Court . . . “this may take awhile. Do you want to break for lunch before we begin?”
Mehta was shocked, and immediately called a sidebar. When he returned from sidebar, he dismissed the jury for lunch. Then Judge Mehta said . . . “it would have been nice to know this when I talked to the jury earlier,” . . . (about the remaining schedule for the week.)
Mehta was openly pissed, and then stormed off the bench. His hopes for a verdict before Thanksgiving was shot to hell.
Another interesting aspect of this judge’s feigned impartiality in this case, is his long history directly with Watkins - going all the way back to her initial arrest. He’s had her case since the very beginning. On February 26, 2021, Judge Amit Mehta said this during one of her earliest detention hearings:
“She was not just a follower. She was higher up in the chain. She was a recruiter and did recruit others to participate in the events of January 6 … She is not just a foot soldier. She is someone planning, organizing larger groups of people.”
Of course . . . Jessica Watkins was no leader in the Oath Keepers. She had just the year before attempted to establish her own militia - the OSRM - Ohio State Regular Militia . . . which never had more than six members. That she was, “someone planning, organizing larger groups of people” was a lie then, and persisted as a lie during the government’s case against her in this trial.
Watkins testimony and cross examinations did not end until the next day. Then, the government called one final rebuttal witness - FBI Agent Harris . . . for this third time on the stand in this trial . . . to button up some of their arguments . . . then Mehta began his long set of jury instructions to conclude Thursday’s session.
First thing Friday morning, AUSA Kathryn Rakoczy began the government’s closing summation with a blatant distortion of facts - quoting Stewart Rhodes - when he said:
“We are not getting through this without a civil war. Prepare your mind, body, and spirit.”
That IS what he said - somewhere, sometime . . . but Rakoczy then followed the quote by saying Rhodes had “called” for civil war.
No. That’s NOT what he said. He said to “prepare,” he did not “call” for civil war.
I’m not interested in defending Rhodes’ more hyperbolic, often conspiratorial language about either Trump calling for the Insurrection Act, or what he personally believes about the direction of this country under a “Chi-Com puppet regime.” (The Biden Administration.)
The fact is . . . from the very beginning, I’ve said this trial was about the “scary words” uttered by Rhodes and some of the other of four defendants. It has never been about their “scary deeds.” Those did not happen. They were not “planned” - as the government asserts - but they said a lot of harsh things before, during, and after January 6th.
Sometimes things they were PREPARED to do, if needed. Sometimes things they were WILLING to do if either Antifa launched a major offensive at any of the events for which they provided personal security details, and then . . . after January 6th . . . things they COULD HAVE DONE had certain circumstances presented themselves.
What the government never was able to do, was to present evidence of actual PLANNING or ORDERS from Rhodes and the other defendants to commit the actual crimes for which they were charged.
Time and again, under cross examination, the many FBI Special Agents presenting testimony against the Oath Keepers were forced to admit that they had no messages, chats, phone call transcripts, or written orders for that total of 14 alleged co-conspirators to either “storm the Capitol,” “hunt Congress members,” or “stop the certification of the electoral college vote.”
And - mostly importantly - nothing these five defendants did on that day accomplished any of those stated crimes.
Only three of these defendants even entered the Capitol . . . for less than 20 minutes . . . they formed a circle and prayed in the Rotunda. They took up position between officer Harry Dunn and see of the more aggressive protestors, keeping those protestors from forcing themselves against Dunn and the staircase he was defending with an M4 rifle . . . diffusing the situation. Then, they left the building - voluntarily - under no compulsion from any law enforcement officer.
Only Jessica Watkins got caught up in a shoving scrum where protestors were trying to force their way toward the Senate chamber - an action for which she took full responsibility - and for which her own attorney ultimately said she should be found guilty.
Neither Stewart Rhodes or Thomas Caldwell entered the Capitol building.
During the Government’s closing argument, AUSA Rakoczy’s hyperbolic exaggerations of her assertions were every bit as egregious as any of the inflammatory talk between some of those Oath Keepers. The difference is, THEY never actually carried or used any weapons on anyone. But some of these defendants had SWAT teams raid their homes with red dots trained upon them from automatic weapons - and four of the five have been held at gunpoint for many months. Some, almost two years now.
During Thomas Caldwell’s testimony, we learned the raid on he and his wife’s VA farm occurred on a pre-dawn January morning. In the winter cold, with bullhorns blaring, the 69-year old, 100% combat disabled veteran, was forced outside and onto the ground - in his underwear - while red dots were trained on his 60-something year old wife - wearing nothing but her thin nightie.
Caldwell never entered the Capitol building. He’s never been a member of the Oath Keepers. But . . . he has the salty language of a 20 year military veteran.
Caldwell was a naval intelligence commander. Also worked for the FBI after retiring from the Navy., and has never been arrested or charged with a crime in his lifetime. At his arraignment, the FBI lied to the judge - not only obscuring his service record and time with the FBI, but told the judge he had an extensive criminal record.
Obviously, those lies were revealed in court, but the government was undeterred as they proceeded with their closing arguments, filled with extensive distortion of language, intentions, their actions leading up to January 6th, and finally what they were doing on the day.
When it was their turn, the Defense teams came out swinging for the fence in their closing arguments, literally calling the government’s case a pack of lies and mischaracterizations of the facts, timelines, and truth itself.
Over and over again, each attorney - in defense of their clients - pointed out that every time they cross examined the many FBI agents, none of them could produce written or verbal evidence of any orders or commands for these defendants to “storm the Capitol,” “hunt Congress members,” or “stop the certification of the election.”
Interestingly - late in the trial - the government, realizing this was happening, switched their theme from trying to assert an EXPLICIT plan to do those things, to the assertion that they were all acting on an IMPLICIT plan to do so.
The government’s case went from one based solely on a conspiracy of SCARY WORDS, to one of a THOUGHT CRIME. In fact - they begin stating that the seditious conspiracy itself could very well have happened as late as when some of these defendants were on the steps of the Capitol . . . almost via telepathic communication with one another.
Never mind the fact that via their own evidence presented, when Rhodes and his operational leader, Michael Greene began trying to gather the Oath Keepers together to leave the Capitol grounds . . . at around 3pm . . . the messages being sent clearly said for those “not still on mission” to meet on the NE corner of the building.
Not on MISSION? What was that mission? It was the seven different personal security details various OKs were engaged in . . . before the whole security operation was shot to hell by the massive rioting that occurred BEFORE they arrived on the Capitol grounds.
But, in AUSA Jeffrey Nestler’s final rebuttal to the defense closing statements, he switched gears yet again:
Despite the fact that during the entire trial the government tried to diminish the veracity of those personal security details the OKs were performing . . . they had been hit with the evidence of actual PERMITs issued by Capitol Police for the staging and VIP speakers on the Capitol lawn - to which OKs were escorting their protectees to the Capitol from the rally at The Ellipse. There was also incontrovertible video evidence of those escorts taking place.
Instead of continuing to dismiss the OKs PSDs on the 5th and 6th - Nestler finally said that those security details were nothing more than diversions . . . a COVER for their actual IMPLIED intentions to attack Congress and HUNT Congress members.
Sitting in the media room - listening to those new assertions and distortions of the presented evidence, my blood was boiling . . . as this would be the last thing the jury members would hear before they began their deliberations.
Not a presentation of evidence or facts . . . but a BRAND new assertion that these five unarmed individuals, along with 9 other indicted co-conspirators were somehow going to overwhelm the Capitol Police, the DC Metro Police, elements of police agencies from VA and MD - along with tactical units of the FBI, ATF, US Marshals, and embedded Army special forces in the crowd.
Against all these - unarmed - they were going to overthrow the government of the United States.
THAT is the absurdity of what this jury is being asked to believe.
Further - from the government’s opening argument to their final closing, they told the jury that the OKs were the LEADERS of this attack on our democracy.
LEADERS! Despite the fact that not a single Oath Keeper was present at the initial barricade breach at 12:42pm. (They were still at The Ellipse - in the VIP section were President Trump was speaking - cleared by the Secret Service to be there.)
LEADERS! Despite the fact not a single OK was engaged or even present in that initial battle line on the lower west terrace - where LEOs were being attacked and assaulted.
LEADERS! Despite the fact that not a single OK was present when those actual LEADING provocateurs broke that first west side Senate wing window . . . crawled through, and opened that door to hundreds of protestors who then poured into the Capitol over the next 25 minutes.
LEADERS! Despite the irrefutable video evidence that not a single OK pushed upon the east side doors - from the INSIDE . . . while the OKs were singing the National Anthem on those east side steps.
No OK ever participated in the breach of a single outer barricade, busted a window, or so much as pushed open a doorway. But . . . someone did. Someone LED those assaults on LEOs. Someone opened those west side doors, then moved through and around to open those east side doors. But it wasn’t the Oath Keepers.
Not only did the government never prove that the OKs had a conspiratorial connection to those actual LEADERS who breached barricades and opened doors . . . the government never made an attempt to make those connections.
Basically, the government’s theory is that the OKs knew this was all going to take place, and that they used the facade of providing security details as a cover for their intentions to march toward the Capitol and then . . . when the “OPPORTUNITY” presented itself, they were to execute the interruption of the election certification.
Not stated. Not ordered. Just IMPLIED. An IMPLICIT conspiracy to overthrow our government . . . unarmed . . . by 14 unarmed people.
It’s just a maddening absurdity.
As I’ve said before . . . if that truly was the plan . . . this, the alleged conspiracy . . . these were the stupidest 14 individuals in the history of warfare, civil war, and insurrection.
That our government can make this accusation against these 14 individuals requires a complete suspension of logic and common sense. BUT . . . half of this country operates and makes their judgements about all things political ,based upon their FEELINGS, rather than on FACTS.
And, this is a DC jury . . . where that jury pool is over 90% owned by the government itself. Literally every aspect of their lives - their jobs, careers, and lifestyles are based upon the government’s largesse. What this government extracts from the rest of the country and then deposits into DC and its surrounding counties. They are totally dependent upon that government . . . for everything.
Finally, the most maddening moments in this trial - for me - came when Judge Mehta openly pretended he had never heard of USCP officer Lt. Tarik Johnson, and the two OKs, including Mike Nichols - who together led a rescue of 16 USCP officers out of the Capitol and down those east steps.
Both Nichols and the filmmaker who captured that famous moment - broadcast and covered by MSM news sources the world over - were sitting in the courtroom, prepared to testify - when Mehta blocked their testimonies from happening . . . with the jury outside the courtroom.
While the government was allowed to themselves present many prejudicial videos of those outer barricade breaches, attacks on officers, provocateurs breaking through windows and doors . . . before the OKs were even at the Capitol . . . Mehta refused to allow the equal and opposite presentation of that video of actual OKs rescuing Capitol police officers.
The defense lawyers fought to get that testimony and video into evidence, more than once - even bringing in additional evidence the next day that other of the alleged co-conspirator OKs were also engaged in that rescue.
Mehta angrily and forcefully argued that because they had no definitive relationship to THESE five defendants, he wouldn’t allow it.
Most telling, was when Mehta PRETENDED he had never seen that video, and took the time to privately watch it at his bench video screen. PRETENDING to give that evidence a fair review, before denying its admission . . . then again . . . then again.
And, the one thing you won’t hear from the MSM . . . is that OK Mike Nichols had already been subpoenaed BY THE GOVERNMENT . . . I posted the actual subpoena - signed by AUSA Nestler on my Locals page and on Twitter. That was a preemptive ploy - knowing he would surely be an important witness for the defense. But, when the defense brought him in, the hypocrisy and fangs came to the fore. In collusion with Judge Mehta, they struck down Nichols’ testimony - sending him home before the jury could hear his story and see the compelling video of what Oath Keepers actually do . . . what their mission actually was . . . what it has always been over hundreds - thousands of security details and disaster relief operations they have performed since their inception 13 years ago.
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In closing . . . I just want to say a little bit about my interactions with the MSM journalists I spent eight weeks in the media room with.
I’ll soon write and talk more about this, because I spent as much time observing them and their work, as I did the trial.
In short . . . very few of the 30-plus journalists I shared the room with ever made any attempt to meet me. I was the interloper. The outsider. Not part of the club. As such, most of them treated me that way.
Over the weeks, I did eventually have some pleasant interactions with some of those reporters:
Alan Feuer of the NY Times. Carrie Johnson of NPR. Hannah Rabinowitz of CNN. Brandi Bucman of Daily Kos. And Ryan Reilly of NBC. To name a few. Mostly though . . . nothing.
While I was impressed by the professionalism and especially the talent of some of these journalists, after reading their stories, I often wondered if they were watching the same trial I was seeing. We obviously see the word through a different lens.
My sole philosophical companion during the entire trial was Madalina Vasiliu of The Epoch Times. We stayed close, and shared notes, a lot.
Madalina is a young, 27-year old writer for Epoch, and she covered the trial fairly and factually - with no editorial license . . . as I am want to do. She’s Romanian, and English is her third language . . . after her native Romanian, Italian, and she’s now learning Mandarin. She does great work and I encourage you to follow her on Twitter, and her stories at The Epoch Times.
Okay . . . time for me to head to Charlottesville for the rest of the week . . . and spend Thanksgiving with my kids. I’ll be back at the District courthouse on Monday morning, waiting for the jury’s verdicts.
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God bless you, and I wish you all a very Happy Thanksgiving.
I’m Steve Baker . . . The Pragmatic Constitutionalist.
Talk to you again, soon.
