Zoe Tillman Profile picture
Jan 25 33 tweets 6 min read
Hello from Judge Amit Mehta's virtual courtroom, where an arraignment/status hearing is about to get underway in what are now three Oath Keepers cases — the new seditious conspiracy case, the non-sedition conspiracy case, and Jonathan Walden's case

Prev: buzzfeednews.com/article/kenben…
Here's the dial-in info for Mehta:
Toll Free Number: 877-848-7030
Access Code: 3218747
Mehta begins by making sure the incarcerated defendants who are present (Stewart Rhodes, Kenneth Harrelson, Jessica Watkins, Kelly Meggs) can all hear okay, they confirm they can. Edward Vallejo, who is also in custody, is not present for this hearing, his lawyer is on the line
Next order of business is confirming who is currently representing Jessica Watkins. She's had a lawyer from the DC federal defender office, but now has retained counsel, so the judge notes that change
Next, the prosecutor formally dismisses the original conspiracy indictment against the nine defendants included in the new seditious conspiracy indictment along with Rhodes and Vallejo
AUSA Kathryn Rakoczy is now summarizing the counts in the seditious conspiracy indictment and the original conspiracy case, in advance for defendants being arraigned. It's a lot to summarize, and Mehta cuts it short, saying they'll go over details as people are arraigned
The seditious conspiracy defendants are arraigned first. Stewart Rhodes' lawyer says he pleads not guilty to the indictment (we would expect that initial plea of not guilty absent a defendant cutting a deal with the government in advance)
As expected, defendants indicted in the Jan. 6 seditious conspiracy case enter initial pleas of not guilty (Vallejo isn't present, Kelly Meggs waiting on his lawyer). Next, defendants in the original Oath Keepers conspiracy case are being arraigned on the superseding indictment
Deleted prev. tweet that said all defendants present in Oath Keepers cases entered not guilty pleas. The line is fuzzy so this wasn't 100% clear, but squares with what I thought I heard:

So rest except Beeks (and Vallejo, not present) pleaded not guilty
Next, Mehta is going over whether defense attys/defendants have access to the evidence dot com database. Incarcerated defs Kelly Meggs/Kenneth Harrelson say they haven't seen copies of protective order they need to sign for access, AUSA says Jessica Watkins prev. signed it
AUSA says a lot of discovery has already been produced to the previously charged defendants, and they expect to turn over more in the next 4-6 weeks, including civilian witness interview reports, searches of devices and accounts belonging to noncharged people/witnesses
AUSA says there are continued discussions with defense lawyers representing defs in the Oath Keepers seditious conspiracy case about whether anyone wants to plead guilty, says it's possible the new indictment may change the "perspective"of some defendants re: what they want to do
AUSA says her sense is that among defense lawyers for incarcerated defs there is now a preference for the July trial date versus the original plan for them to go in April (Kelly Meggs/Harrelson/Watkins are now all in the new seditious conspiracy case)
Stewart Rhodes' lawyer says the July trial date would work for them
Mehta says he would prefer to keep the April trial date, mindful of the fact that the original Oath Keepers case has been pending for a long time, and asks lawyers in the original case (now called Crowl) how they feel about that. Response is very negative...
Defense lawyers in the Crowl case note the Rhodes indictment is relevant to their case and is more evidence to work through even if defendants were removed, the superseding indictment adds counts, there are schedule conflicts
Mehta says this won't be welcome news, but he's going to keep the April 19 trial date for six of the seven defendants in the Crowl case (Beeks was added late, Mehta says not realistic to expect him to be ready by April, Crowl is tentative depending on lawyer's schedule issue)
(Would note that Kenneth Harrelson's lawyer Bradford Geyer has several times tried to speak over Mehta, including during this latest exchange about the April trial date, and Mehta told him to cut it out, noting his client isn't even in that case anymore)
One of the defense lawyers jumps in (it was hard to hear who it is) to say he has to try again to argue for a delay of the April trial date, says this is not an "ordinary case," largest in DOJ history, best interest of justice, fairness, parties to push it back
Mehta says he is "sympathetic" but the "core discovery" has been with defense lawyers for months, and he understands the govt is still producing evidence, but the trial date is still three months away, he's not going to disturb it
Mehta says that everyone in the seditious conspiracy case should be on notice that July 11 is tentatively their trial date (will depend on whether anyone pleads, and they may need to split it up to a second date if there are still a lot of defendants who want to go to trial)
The backup trial date for the July trial group is Sept. 26, Mehta says
As for Jonathan Walden, his lawyer says he hasn't had a chance to speak with the govt yet about next steps since his case got splintered off from the rest, so Mehta sets a status conference date for next month, no trial date yet
Rhodes' lawyer says that whoever loses the detention fight that's pending before a Texas magistrate judge plans to appeal to Mehta, Mehta says to contact chambers once the judge there rules
Thomas Caldwell's lawyer says they need to research new counts in the seditious conspiracy indictment, potentially file motions to dismiss. Mehta sets a deadline of Feb. 25 (maybe 26? fuzzy line still), says things he already ruled on in the original OK case will get carried over
Sandra Parker's lawyer John Machado, who got dinged a bit by other defense attys in Crowl for being more deferential to Mehta about the April trial date, asks what happens if there's another superseding indictment. Mehta says if things change, they'll address it then
Bennie Parker's lawyer Stephen Brennwald notes his client/other defs in these cases are named in DC AG's civil suit re: Jan. 6, worried about deadlines in that case while the crim cases are pending, may seek extensions. Mehta is assigned to the DC case, says he'll look into it
Notable housekeeping: Mehta says the defendants from the original Oath Keepers who were already granted pretrial release and are now in the seditious conspiracy case will remain on release, subject to the same conditions
They're discussing potential conflict issues re: Jonathan Moseley's past representation of Rhodes and his current representation of codefendant Kelly Meggs, plus Moseley potentially repping Rhodes before the Jan. 6 committee, Mehta says he has concerns, asks for a filed update
Rhodes' lawyer Phillip Linder says he needs to visit with Rhodes and find out what his client's intentions are as far as who is representing him for what
Next issue Mehta addresses: Juli Haller reps Connie Meggs in the crim case and her husband Kelly Meggs in a civil case, judge appointed outside atty Andrew Wise to probe potential conflict. Wise says he doesn't believe there's a present conflict, the Meggs understand the issues
If Juli Haller's name sounds familiar — she had been involved in Sidney Powell's postelection "Kraken" case in federal court in Michigan and is appealing the sanctions order entered against that team of lawyers
And that's a wrap on today's hearing in the Oath Keepers cases. A lot of significant scheduling — we're on for an April trial — a glimpse at some potential defense strategies re: the sedition case, and the prosecutor making clear that the door is open for plea negotiations

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More from @ZoeTillman

Jan 24
Hello from Judge Dabney Friedrich's virtual courtroom, where sentencing is set to start soon for MAGA influencer Brandon Straka, who pleaded guilty to joining the Jan. 6 insurrection. Govt wants probation + home detention, Straka wants time served or home detention, no probation
Dial-in info for Friedrich:
Toll Free Number: 877-336-1829
Access Code: 8424583

Govt sentencing memo: s3.documentcloud.org/documents/2117…

Straka sentencing memo, also asking for $5K fine: s3.documentcloud.org/documents/2118…
Brandon Straka's sentencing hearing is underway. One thing that's important to note about Straka's pitch of no probation — every Jan. 6 defendant sentenced so far has received some term of probation (shortest period was two months) assuming they avoided incarceration
Read 32 tweets
Jan 19
"Stop the Steal" organizer Ali Alexander has moved to dismiss claims against him in one of the civil conspiracy suits re: Jan. 6, and it includes a somewhat carefully worded graf about being w/ Alex Jones on the Capitol steps with "tacit approval" of USCP s3.documentcloud.org/documents/2118…
Prosecutors mostly haven't been prosecuting people who were on the Capitol grounds but didn't go in and weren't involved in assaulting police/conspiracy. One notable exception is Infowars host Owen Shroyer, who was with Alex Jones (who hasn't been charged) buzzfeednews.com/article/zoetil…
Shroyer has moved to dismiss, and one of his main args is that he and Alex Jones were trying to deescalate things and communicatd that to USCP officers and no one told them to leave: s3.documentcloud.org/documents/2118…

Govt says this is bunk: s3.documentcloud.org/documents/2110…

Judge heard args 12/20
Read 4 tweets
Jan 19
New: The Archives intends to turn over a tranche of Trump's White House records to the Jan. 6 committee tomorrow at 6pm, per DOJ letter. These docs weren't covered by the DC Circuit's admin stay, and SCOTUS hasn't acted on Trump's emergency request yet s3.documentcloud.org/documents/2118…
What's up with the fourth tranche? It's approx. 551 pages, and Trump claimed exec privilege over *six pages*. DOJ says two pages are similar enough to the prev. sets of contested docs to be covered by an earlier stay, so it's four pages he doesn't want produced
That's in addition to 100s of pages of contested docs that were the subject of earlier rounds in court:
- 39 pages from tranche 1 (there were also 7 pages later withdrawn as nonresponsive)
- 724 pages from tranches 2 and 3
s3.documentcloud.org/documents/2115…
(redid this tweet with more info)
Read 8 tweets
Jan 18
Hello from Judge Timothy Kelly's virtual courtroom, where a hearing is about to start on the govt's request to revoke pretrial release for Jan. 6 defendant James Grant — police found an AR-15 assault rifle + ammo in his car during a December encounter s3.documentcloud.org/documents/2117…
Dial-in info for Judge Kelly:
Toll Free Number: 888-808-6929
Access Code: 3195989
Last week, Kelly granted the govt's request to revoke release for another Jan. 6 defendant, Joshua Pruitt, after finding his latest round of curfew violations pushed him over the line after repeat chances to come into compliance
Read 16 tweets
Jan 13
New: A judge has ordered another Jan. 6 defendant to jail for violating pretrial release conditions — Joshua Pruitt violated curfew on multiple occasions, and the govt also noted threatening comments he'd made via social media, probation violations in other non-Jan. 6 cases
Haven't been live-tweeting the hearing, but basically: Govt and pretrial services rep argued strongly to revoke his release, saying the combination of problems he'd had with compliance in this case and others showed lack of respect for court authority, inability to follow orders
Pruitt's lawyer argued he had reasons for missing curfew (couldn't get rides home from work, mainly) but judge noted this wasn't the first time Pruitt was admonished to comply with curfew and restrictions on his movement, govt questioned the truth of some of those explanations
Read 13 tweets
Jan 13
NOW: Stewart Rhodes, the leader of the Oath Keepers, has been indicted — counts against him and 10 others include seditious conspiracy, the first time we've seen that charge in connection with Jan. 6. More to come, here's the document:
justice.gov/opa/press-rele… Image
Oath Keepers founder Stewart Rhodes and 10 others have been indicted for seditious conspiracy. It's the first time we've seen that charge in connection with the Jan. 6 attack — and the first time it's been charged period since 2010. With @kenbensinger: buzzfeednews.com/article/kenben…
Read 8 tweets

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