BREAKING: DOJ confirms arrest and indictment of Oath Keepers president Stewart Rhodes and 10 other members of the militia on seditious conspiracy charges in connection with the #CapitolRiot. Full indictment here: justice.gov/opa/press-rele…
MORE: Oath Keepers leader Stewart Rhodes and 10 other members of the militia are now the first #CapitolRiot defendants to face sedition charges in connection w/ the January 6 attack. Developing story here: wusa9.com/article/news/n…@wusa9@EricFlackTV
In the days after the 2020 election, Oath Keepers president Stewart Rhodes called for his followers to reject the results and said, "We aren't getting through this without a civil war."
Then, he shared a step-by-step plan on how to overthrow a government.
Prosecutors say days after the 2020 election, Oath Keepers president Stewart Rhodes held a members-only call outlining a plan to stop the lawful transfer of power. Shortly thereafter, Kelly Meggs and others organized training for "unconventional warfare."
A day after Stewart Rhodes said there would be a "blody and desperate fight" if President Joe Biden were inaugurated, the NC Oath Keepers chapter held a training on road blocks, setting up ambushes and moving in formation.
December 19: "Oath Keepers president is pretty disheartened. He feels like it's go time, the time for peaceful protest is over in his eyes."
December 22: "We will have to do a bloody, massively blood revolution against them. That's what's going to have to happen."
Four days before January 6, Kelly Meggs allegedly posted a map of Washington, D.C., in the Oath Keepers leadership chat with info about the rally points for the "quick reaction force" to bring them weapons. Thomas Caldwell allegedly was working on lining up boats for it.
Investigators say the week before January 6, Oath Keepers leader Stewart Rhodes spent more than $22k on firearms/equipment:
- $7k on 12/30 for night vision & sight
- $5k on 1/1 for a shotgun, scope, magazines
- $6k on 1/3 for rifle/equipment
- $4.5k on 1/4 in MS en route to DC
In response to an Oath Keepers affiliate claiming "antifa" had breached the Capitol, Stewart Rhodes replied: "Nope. I'm right here. These are patriots."
Minutes later, he promised OKs: "Next comes our 'Lexington'" — the battle that kicked off the Revolutionary War.
In addition to the $22,500 he spent on firearms and equipment before the riot, prosecutors say Oath Keepers president Stewart Rhodes dropped another $17,500 on additional guns and equipment after January 6. Up to $40k at this point.
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This hearing has gotten a slow start as Judge Reyes presses both sides to establish some agreed facts. For one, she asks DOJ attorney if the plaintiffs are all fit to serve:
“We don’t dispute that they are all physically and mentally fit to serve under the current policy.”
Judge Reyes: "If we had President Trump here right now, and I asked, ‘Is this a transgender ban?’ What do you think he would say?”
DOJ attorney Jason Lynch: "I have no idea your honor."
Reyes: “I do. He’d say, ‘Of course it is.’ Because he calls it a transgender ban.”
Judge Reyes isn't satisfied with either side's definition of transgender. She says the plaintiffs' is too narrow and runs into the same problems as the Doe 2 v. Trump case from the 2017 transgender ban.
Government's definition she says is too broad and ill-defined.
Changing gears a bit, at 3 p.m. there's now a hearing on a lawsuit filed last night by the foreign service workers union seeking to halt the Trump administration's wholesale dismantling of USAID, which they say has generated a "global humanitarian crisis."
The hearing is getting started. On the government's side is Brett Schumate, the acting assistant attorney general heading up the DOJ's Civil Division.
Schumate says the Trump administration is "unwilling to alter their current plans."
Trump's order pardoned people *convicted* of crimes related to Jan. 6.
Defendants still awaiting trial or sentencing -- the vast majority at the jail -- have not been pardoned. Trump ordered their cases dismissed. That's not going to happen at 11 p.m. on a federal holiday.
The two people apparently released from the jail tonight, the Valentin brothers of Pennsylvania, were sentenced on Friday. Thus, pardoned and released. wusa9.com/article/news/n…
The confusion is understandable. Pardoning is something the president can do by fiat. Dismissing a federal case requires a U.S attorney to file a motion with the presiding judge, who then must grant the motion and order the defendant's release.
STARTING NOW: Rudy Giuliani is back in federal court in D.C. as a judge hears arguments about whether he should be held in contempt for allegedly resuming defamatory statements against two former Georgia election workers. wusa9.com/article/news/p…
Judge Beryl A. Howell starts off by saying she'd hoped, after sitting through the civil trial and agreeing to a consent agreement, Giuliani would "stop saying such fabricated lies. Especially publicly."
Ruby Freeman's and Shaye Moss's attorney, Michael Gottlieb, says it's "implausible" that Giuliani was talking about anyone other than his clients on his podcast.
"Mr. Giuliani knew exactly what he was doing in making these statements," Gottlieb says.
BREAKING: In an apparent first, the DOJ says it will GO TO TRIAL on the newly narrowed Jan. 6 obstruction count.
Federal prosecutors say they believe their case against an Ohio couple can hold up even after the Supreme Court's ruling. wusa9.com/article/news/n…
The DOJ says it will prove Donald & Shawndale Chilcoat intended to obstruct Congress and "critically, they were aware that his proceeding involved records, documents, or other things — specifically the electoral votes that Congress was to consider." wusa9.com/article/news/n…
It's unclear whether Judge Kollar-Kotelly will agree the DOJ's evidence is enough to sustain the charge, or if it will hold up on review before the D.C. Circuit.
But, the DOJ's outline does align closely with how Justice Jackson said it *might* be done. wusa9.com/article/news/n…
NEW: I spoke with anti-abortion activist Lauren Handy's attorney about the plans for appeal as she begins serving her 4-year sentence.
They're aiming for acquittal, sure, but also something bigger: A long-awaited chance to get the FACE act before SCOTUS. wusa9.com/article/news/c…
Attorneys from the anti-abortion law firm the Thomas More Society hope Handy's case — plus two others in Tennessee and Michigan — will convince SCOTUS to do something it's never done before: hear an appeal on the constitutionality of the FACE Act. wusa9.com/article/news/c…
The FACE Act is the 1994 law that protects access to clinic and church entrances and makes it a federal felony to use force or obstruction to injure, interfere with or intimidate a person attempting to access reproductive health services. wusa9.com/article/news/c…