Capitol Insurrection Report

Defendant profile of Donald Smith, whose charges were dismissed, becoming only the second January 6th defendant to have his case dismissed. Other topics include the the first Oath Keepers seditious conspiracy trial, the midterm elections and election denialism, Trump's failure to comply with his subpoena from the House Select Committee to Investigate the January 6th Attack, use immunity extended to Kash Patel in the stolen documents case, and reporting that the work of several of the investigative teams under the House Select Committee to Investigate the January 6th Attack will not be included in the forthcoming report by the Committee, which reportedly will focus narrowly on the case against Donald Trump, the announcement by Trump that he intends to seek the Republican nomination in 2024, and the determination by the RNC that it will no longer pay Trump's legal bills. https://www.courtlistener.com/docket/60630211/united-states-v-smith/ https://www.nbcnews.com/politics/justice-department/jan-6-committee-staffers-told-preliminary-plan-final-report-focus-larg-rcna56802 https://www.courtlistener.com/docket/62601657/united-states-v-rhodes-iii/ https://www.newsherald.com/story/news/crime/2018/10/19/vigilante-group-oath-keepers-arrested-in-mexico-beach-following-hurricane-michael/9509280007/ https://docs-cdn-prod.news-engineering.aws.wapo.pub/publish_document/f36d85e3-6ea5-4df2-add1-1903f07f832b/published/f36d85e3-6ea5-4df2-add1-1903f07f832b.pdf https://vadogwood.com/2022/10/13/virginia-trump-supporters-get-split-verdict-in-weapons-election-case/ https://www.cnbc.com/2022/11/03/trump-news-kash-patel-granted-immunity-to-testify-in-mar-a-lago-documents-case-.html https://www.nbcnews.com/politics/justice-department/jan-6-committee-staffers-told-preliminary-plan-final-report-focus-larg-rcna56802 https://www.cbsnews.com/news/steve-bannons-prison-sentence-delayed-appeal/ https://www.cbsnews.com/news/election-deniers-2022-midterm-elections/?ftag=CNM-00-10aab7e&linkId=189749572#app https://www.businessinsider.com/ronna-mcdaniel-rnc-cannot-pay-legal-bills-donald-trump-runs-2022-11 https://www.courtlistener.com/docket/59704100/united-states-v-nordean

Updates on the Oath Keepers seditious conspiracy case ongoing in DC District Court, the question of whether felony defendants in January 6th cases are being treated leniently at sentencing, a look at a House candidate's surprising connection to the effort to overturn 2020 presidential election results in Georgia, and ten possible charges that may be referred to the DOJ by the House Select Committee to Investigate the January 6th Attack suggested by the text of the subpoena accepted Donald Trump's attorneys on his behalf. https://scholarship.law.stjohns.edu/lawreview/vol95/iss3/2/ https://www.vanityfair.com/news/2022/06/steve-bannon-election-takeover-precinct-strategy https://abcnews.go.com/Politics/cases-alleged-arizona-voter-intimidation-referred-doj/story?id=92054635 https://www.newsobserver.com/news/politics-government/election/article267273242.html https://www.theatlantic.com/politics/archive/2017/05/north-carolina-gerrymandering/527592/ https://www.npr.org/2020/01/05/785672201/deceased-gop-strategists-daughter-makes-files-public-that-republicans-wanted-sea https://www.thegospelcoalition.org/blogs/evangelical-history/is-segregation-scriptural-a-radio-address-from-bob-jones-on-easter-of-1960/ https://spectacularmag.com/2022/09/29/emergency-room-nurse-courtney-geels-is-running-for-ncs-congressional-district-4/ https://www.newsoforange.com/community/article_c4e6e984-79e2-11ec-8ffe-d739af6b7d6e.html https://ballotpedia.org/Courtney_Geels#Campaign_themes https://www.ajc.com/politics/election/georgia-rips-trumps-voter-fraud-claims-in-court/P6TI4J3CKVDQZMNVG66Q2GBQCE/ https://www.cacd.uscourts.gov/sites/default/files/documents/Dkt%20350-17%2C%20Ex.%20P%20Stewart%20Decl%20GA%20case_2.pdf https://www.politico.com/news/2022/10/26/trump-receives-subpoena-jan-6-committee-00063628 https://s3.documentcloud.org/documents/23170927/20221021-j6-cmte-subpeona-to-donald-trump.pdf https://docs.house.gov/meetings/IJ/IJ00/20211019/114156/HMTG-117-IJ00-20211019-SD001.pdf https://www.courtlistener.com/docket/60313941/smith-v-trump/?page=2

Summary and analysis of the ninth investigative hearing of the House Select Committee to Investigate the January 6th Attack, with an emphasis on identifying the over 20 new pieces of evidence and testimony offered at the hearing. https://www.npr.org/2022/10/13/1125331584/jan-6-committee-hearing-transcript https://www.c-span.org/video/?523473-1/january-6-committee-votes-subpoena-president-trump https://www.politico.com/news/2022/09/15/january-6-panel-department-of-justice-trump-00056932 https://lostnotstolen.org/ https://www.justsecurity.org/wp-content/uploads/2021/12/january-6-clearinghouse-norfolk-report-january-5-2021.pdf https://www.vice.com/en/article/7k87yx/secret-service-jan-6-messages

Catching up on the events on the ongoing Seditious Conspiracy trial for Stewart Rhodes and the other defendants in the first tranche of Oath Keepers seditious conspiracy defendants, the plea agreement for cooperating fourth-degree Proud Boy Jeremy Bertino, and the ninth and possibly final hearing of the House Select Committee to Investigate the January 6th Attack. Also, revisiting the current status of some of the felony AFO defendants profiled on the podcast, to see where they are now. https://www.justice.gov/usao-dc/case-multi-defendant/file/1541236/download https://www.wcnc.com/article/news/crime/belmont-nc-proud-boy-jeremy-bertino-capitol-attack-guilty-plea/275-ae586dd8-862e-4e8f-ae48-3fa675e09717 https://apnews.com/article/oath-keepers-capitol-riot-trial-day-1-5a5edf6cbffc2a997aafb1036f858de1 https://www.dailykos.com/stories/2022/2/9/2079108/-Insurrectionist-Who-Walked-Out-Of-His-Last-Court-Appearance-Arraigned-On-8-Count-Felony-Indictment https://apnews.com/article/capitol-siege-donald-trump-north-carolina-fayetteville-79f747a34b25a60b8a1b6ea1b2315ddd https://storage.courtlistener.com/recap/gov.uscourts.dcd.239244/gov.uscourts.dcd.239244.23.0.pdf https://www.staradvertiser.com/2020/07/15/breaking-news/fbi-arrest-honolulu-businessman-mike-miske-and-11-others-in-kidnapping-and-murder-of-hawaii-kai-man/ https://dailyegyptian.com/105773/news/who-is-mathew-capsel-a-look-at-an-illinois-resident-charged-for-his-involvement-in-the-jan-6/

As we head into October, a number of developments point to the end of the beginning, an actual reckoning for the organizers of the January sixth attack. President Biden has begun to call for a staucu defense of electoral democracy in the US, calling out "extreme MAGA Republicans" as "semi-fascist." About 40 members of Trump's inner circle have been served with grand jury subpoenas, and at least ten have had their phones taken into evidence. Sedition hunter "Bigfoot" joins me for an interview to discuss these developments in what looks to be the runup to an explosive October. https://www.businessinsider.com/9-trump-associates-had-their-phones-seized-by-federal-authorities-2022-9 https://www.newsweek.com/steve-bannon-tells-charlie-kirk-35-maga-allies-got-raided-day-indictment-1741707 https://www.cnn.com/2022/09/12/politics/trump-orbit-grand-jury-subpoenas-justice-department-january-6/index.html https://www.cbsnews.com/news/dana-nessel-michigan-attorney-general-special-prosecutor-probe-2020-election-machines-her-possible-foe-this-fall-report/ https://www.reuters.com/world/us/biden-not-briefed-raid-trumps-florida-home-white-house-says-2022-08-09/ https://www.cnbc.com/2022/08/09/trump-tax-returns-must-be-given-to-congress-court-says-.html https://www.usatoday.com/story/news/politics/2022/08/10/scott-perry-fbi-seized-cellphone/10284599002/

This episode covers the recent arrest of Oath Keepers attorney Kellye SoRelle, and the possibility that other defendants may be added to her case. Also a discussion of the ongoing Mar-A-Lago classified documents case, and the arrest of Steve Bannon in New York on money laundering and conspiracy charges. Finally, I use publicly available information from the DOJ inmate locator tool to examine where currently incarcerated January 6th inmates are being housed post-sentencing, and whether the government's designations process really adequately takes account of the safety of the community in determining the custody level of these inmates. https://www.bop.gov/mobile/find_inmate/ https://www.bop.gov/inmates/custody_and_care/designations.jsp. https://www.bop.gov/policy/progstat/5100_008cn.pdf https://levittownnow.com/2022/06/15/bristol-man-in-custody-made-threatening-statements-fed-say/ https://extremism.gwu.edu/sites/g/files/zaxdzs2191/f/Matthew%20Ryan%20Miller%20Government%20Sentencing%20Memorandum.pdf https://www.justice.gov/usao-dc/case-multi-defendant/file/1530526/download https://storage.courtlistener.com/recap/gov.uscourts.txwd.1120287/gov.uscourts.txwd.1120287.23.0_2.pdf https://www.facebook.com/NewRepubReviv/videos/who-is-kellye-sorelle/525652978058734/ https://www.cnn.com/2022/09/02/politics/russian-oligarchs-homes-searched/index.html https://www.ft.com/content/1133c42e-82c9-11e9-b592-5fe435b57a3b https://www.politico.com/news/2022/09/08/steve-bannon-surrenders-to-manhattan-da-00055427 https://www.politico.com/newsletters/playbook/2022/09/09/doj-offers-judge-cannon-a-new-deal-00055852 https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.69.0_2.pdf https://www.cnn.com/2022/05/09/politics/oath-keepers-january-6-election-fraud-trump/index.html

Arrests slowed down in the January sixth investigation over the summer of 2022. In this episode, we explore the 33 arrests from June 1, 2022 through August 19, 2022, looking for commonalities. I find that many of these cases do have a few things in common: they are more likely to involve groups of defendants, they are the result of more "complex" investigations that require more resources, and they are more likely to be linked to VIPs. I discuss what this trend means in the future, especially with the new case brought against the "B Squad," a group of Florida Three Percenters who were engaged in the fight in the lower west terrace tunnel of the Capitol and who are led by former Republican House candidate Jeremy Liggett. Also new developments in the search of the Florida club operated by a former New Jersey casino owner, the Kyle Fitzsimons trial, the sentencing recommendation of 210 months for former NYPD officer and eye gouger Thomas Webster, and Liz Cheney's loss in the primary for the Wyoming US House seat. https://thehill.com/homenews/campaign/3604628-liz-cheney-defeated-in-wyoming-primary/ https://www.cbsnews.com/news/trump-motion-mar-a-lago-search/ https://www.wmtw.com/article/no-verdict-yet-in-bench-trial-of-maine-resident-kyle-fitzsimons-for-jan-6-capitol-riot/40944543 https://www.nbcnews.com/politics/justice-department/ex-nypd-officer-found-guilty-attacking-dc-cop-flag-pole-jan-6-rcna26710 https://www.justice.gov/usao-dc/press-release/file/1528531/download

Topics include the FBI search of Donald Trump's Florida home in the investigation of the mishandling of documents, a defendant profile of a pastor who is affiliated with the New Apostolic Revival movement, the longest sentence handed out to a January 6th defendant to date, the subpoenas served to fake Trump electors, the contents of Alex Jones' phone being handed over to the House Select Committee to Investigate the January 6th Attack, grand jury subpoenas issued to Pat Cippolone and Pat Philbin, and the testimony of Doug Mastriano before the Committee. https://www.justsecurity.org/81939/timeline-false-alternate-slate-of-electors-scheme-donald-trump-and-his-close-associates/ https://www.cnn.com/2022/06/06/politics/georgia-trump-investigation-fake-electors-email/index.html/ https://www.bridgemi.com/michigan-government/ex-gop-chair-trump-fake-electors-plotted-hide-overnight-michigan-capitol https://thehill.com/policy/national-security/3585008-dod-wiped-phones-of-trump-era-leaders-erasing-jan-6-texts/ https://www.cnn.com/2022/08/03/politics/kinzinger-cipollone-subpoena-trump-doj-2020-cnntv/index.html https://www.cnn.com/2022/08/03/politics/philbin-subpoena/index.html https://www.usatoday.com/story/news/politics/2022/07/27/mark-ponder-capitol-riot-january-6-prison-sentence/10171304002/ https://www.justice.gov/usao-dc/pr/texas-man-sentenced-prison-actions-related-capitol-breach https://www.justice.gov/usao-dc/case-multi-defendant/file/1518531/download https://www.cnn.com/2022/08/08/politics/mar-a-lago-search-warrant-fbi-donald-trump/index.html https://www.cnn.com/2022/08/08/politics/doug-mastriano-january-6-committee/index.html https://www.reuters.com/world/us/trump-took-classified-material-white-house-florida-national-archives-says-2022-02-18/

Mainly dedicated to the 8th public hearing of the House Select Committee to Investigate the January 6th Attack, but also covering other new developments, including the Bannon conviction for contempt of Congress, the latest defendant suicide, the announcement of new hearings after the August break, the release of DHS emails from January sixth, the continuing story of obstruction of justice by the Secret Service, new emails relating to the fake elector scheme, and new witnesses providing testimony to the Committee and DOJ.

https://www.documentcloud.org/documents/22089493-foia-department-of-defense-emails

https://www.huffpost.com/entry/dhs-jan-6-missing-texts_n_62e3a22ce4b07f83766e534f https://www.cnn.com/2022/07/28/politics/klukowski-justice/index.html

https://www.wusa9.com/article/news/national/capitol-riots/stop-the-steal-speaker-brandon-straka-gave-fbi-info-on-rally-organizers-more-than-a-dozen-others-as-part-of-plea-deal-ali-alexander-chafian-kremer/65-bee210ed-47ea-440d-93c1-2f889c040ffa

https://www.cnbc.com/2022/07/28/former-trump-white-house-chief-of-staff-mick-mulvaney-to-meet-with-jan-6-capitol-riot-committee.html

https://www.c-span.org/video/?521771-1/eighth-hearing-investigation-capitol-attack&vod&start=4032

https://www.npr.org/2022/07/22/1112138665/jan-6-committee-hearing-transcript

A synopsis and analysis the seventh public hearing of the House Select Committee to Investigate the January 6th Attack, including the significance of the testimony of Pat Cippolone and 34 other witnesses, the draft tweet regarding January sixth, text messages sent between Brad Parscale and Katerina Pierson, the "team crazy" meeting on December 18th, 2020 at the White House, and a synopsis of what we can expect at the final primetime hearing in this tranche of hearings, including the possibility of texts from the Secret Service, testimony from former Overstock CEO Patrick Byrne, and possible communications between Donald Trump and members of the Sedition Caucus during the 187 minute period when Trump was watching the violence at the Capitol unfold from the safety of the White House. https://www.alternet.org/2022/06/doj-tries-to-determine-if-sidney-powells-nonprofit-is-funding-the-oath-keepers-defense/ https://www.thedailybeast.com/is-sidney-powell-secretly-funding-the-oath-keepers-lawyers-the-feds-want-to-know https://www.buzzfeednews.com/article/kenbensinger/sidney-powell-funding-oath-keepers-defense https://www.npr.org/2022/07/12/1111123258/jan-6-committee-hearing-transcript https://www.c-span.org/video/?521495-1/seventh-hearing-investigation-capitol-attack https://www.justice.gov/usao-dc/case-multi-defendant/file/1518441/download https://www.businessinsider.com/patrick-byrne-overstock-testifies-january-6-committee-eight-hours-cnn-2022-7 https://www.nbcnews.com/politics/congress/jan-6-panel-expects-get-secret-service-texts-tuesday-says-new-witnesse-rcna38608