HMMM: Judge MEHTA is summoning all of the lawyers involved in the Oath Keepers case this afternoon to discuss "recent statements to the media about these proceedings."
This is likely to include AUSA Sherwin's comments about the prospect of "seditious conspiracy" charges combined with the NYT story last night suggesting the Oath Keepers were the likely targets of such a charge.
! The head of DOJ's criminal division, John Crabb, says SHERWIN's '60 Minutes' interview appears to have violated DOJ rules and will be referred for an internal investigation.
* Correcting the above tweet: I misidentifed John Crabb who is the head of the criminal division for the U.S. attorney's office in DC -- not for the entire Justice Department.
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JUST IN: Prosecutors revealed comms between top Oath Keepers this morning that show evidence they coordinated tactics with the Proud Boys and other militia groups in advance of Jan. 5-6 activities.
Oath Keepers were convinced Trump was going to invoke the Insurrection Act, which they viewed as permission to stop counting of electoral votes.
Important caveat: Oath Keepers have admitted to preparing for violence in the event they encountered antifa, not for storming the Capitol — and some of these comms suggest that was their consideration. More keeps emerging though...
HAPPENING NOW: Prosecutors are arguing in court to detain Timothy HALE-CUSANELLI pending trial. His ideology — including overt racism/anti-semitism and desire for a civil war — "makes him a threat," AUSA James Nelson argues.
Judge MCFADDEN homes in on the central issues: Do Hale-Cusanelli's views, no mater how odious, make him an actual violent threat to the public?
McFadden noted that Hale-Cusanelli is not accused of violent actions at the Capitol.
Prosecutors emphasize that Hale-Cusanelli's conduct has been "escalating" and they're concerned about the safety of a confidential source who helped ID him.
Defense quickly emphasizes McFadden's comments, saying there's no evidence he's an "imminent threat" of violence.
NEWS: Prosecutors have issued new conspiracy charges against four Proud Boys leaders, alleging that they orchestrated a detailed plan to assault the Capitol and disrupt the Electoral College certification.
The indictment lays out new details of their encrypted comms from 1/4-1/6
The indictment indicates that the group went into overdrive after leader Enrique Tarrio's Jan. 4 arrest, moving to "nuke" earlier encrypted chats and launch new ones, including a "Boots on the Ground" channel for 60 people in Washington. justice.gov/file/1377586/d…
Three of the four Proud Boys leaders entered the Capitol nearby other Proud Boys charged in related indictments.
NEW: Pelosi still wants to establish a 1/6 Commission, but protracted talks with Republicans — who want the scope to include leftwing political violence — have Democrats eyeing a Plan B: letting House committees handle the job.
Across the Capitol, the relatively well-functioning Senate inquiry has scratched the itch for some early answers about what went wrong. But that inquiry is narrowly focused and won’t get at larger questions about white supremacy, Trump’s role, etc. politico.com/news/2021/03/1…
Republicans say Pelosi’s initial proposal, which gave Dems an edge on the commission, is the culprit. But Pelosi calls that a feint— the makeup is negotiable. Rs’ demand to conflate antifa w/ Capitol insurrectionists is the real problem, she says. politico.com/news/2021/03/1…
NEW Capitol riot case underscores the chaos facing officers. At 2:49pm they arrested Mark Ponder for striking officers with a pole (one of several examples captured on camera here). 1/X
Officers quesitoned him while they awaited transport, expecting a vehicle to come and pick him up. He berated them the whole time. 2/X
At 3:15, officers released PONDER without any charges because they realized no transport was coming, and they were needed for riot control. 3/X
NEW: The 16-year-old daughter of alleged insurrectionist GUY REFFITT testified on his behalf today and against her brother — who accused Reffitt of threatening them.
The judge locked him up anyway, calling the evidence grave.
The hearing, though was unusually personal, with REFFITT’s wife, daughter and daughter’s boyfriend participating. They were watching along via Zoom when Magistrate Zia Faruqui ordered him held without bail.
REFFITT’s hearing underscored that the riot cases aren’t just an existential national problem but have torn apart families and communities too. politico.com/news/2021/03/1…