Thread by @Brandi_Buchman

Good morning from Washington where the Oath Keepers seditious conspiracy trial resumes today at 930 AM ET.
I will live tweet proceedings. I hope you will join me.

https://twitter.com/Brandi_Buchman/status/1579418025010552832

We left off on Friday with testimony from a witness for the prosecution, FBI Special Agent Byron Cody.
We will pick things up with him today.
Prosecutors are unwinding much of the evidence found on devices seized from Oath Keepers phones etc.
Catch up:
dailykos.com/stories/2022/1…

If you want to follow along with the @dailykos live blog, you can do so, here:
dailykos.com/stories/2022/1…

Jurors are not yet in the courtroom. Instead, we are going through a series of motions that were filed recently including one pertaining to the privilege issue over a msg between Kellye SoRelle and Stewart Rhodes.

Rhodes wants to keep a msg between himself and SoRelle out from late December where Rhodes said Congress would not "fear" anyone unless rifles were brought to the Hill. Rhodes contends the msg is private because SoRelle was the atty at the time it was sent. But...

Prosecutors say that SoRelle was not actually an atty for Rhodes at the time the msg was sent and instead, this was something claimed after the fact so Rhodes and other OKers could cover their tracks/rely on that atty-client confidentiality

But Judge Mehta says this morning, it doesn't appear there was any atty-client relationship prior to Jan. 6 between Rhodes and SoRelle.
Mehta says this morning claims otherwise appear to be a "ruse"

More info on other motions this morning inside the blog here:
dailykos.com/stories/2022/1…

We are going right into witness testimony with cross-examination of FBI Special Agent Cody by Rhodes atty Phil Linder.
Linder starts by asking how the casework flowed at FBI and what Agent Cody's specific piece of this probe was about

Cody explains that his work involved Nov, Dec, and late December and more, specifically involved doing background research of Stewart Rhodes.

Def atty for Rhodes Phil Linder now establishing with Agent Cody the timing of the "Old Leadership Chat"for Oath Keepers.
It began July 2020 and Linder says it ended March 2021. Cody affirms it had over 100 ppl participating,

Cody says he doesn't know if Rhodes created that chat or not. But he confirms that those members in the group included defendants Kelly Meggs, Jessica Watkins and Rhodes

Linder asks Agent Cody if there is any reason to believe that Jan 6 was planned before Dec 19, the day Trump sent out his "Big protest in D.C. on January 6th. Be there, will be wild!" tweet

Earlier tweet deleted for clarity. Reposting in next tweet.

Some of the texts FBI found predated the Dec 19 Trump tweet, Linder says, arguing that this suggests OKerswere not pre-planning for Jan. 6. He pointed to the open letters Rhodes wrote too. But Linder forgot, one was written after Trump sent the 12/19 tweet (12/23).

Defense atty for Jessica Watkins asks Agent Cody about encrypted texting app Signal.
Can a person see what is said in a Signal group chat before being admitted to that group chat?
Cody says he doesn't believe they can.

Def atty for J. Watkins, Jonathan Crisp is now working to convince jurors about the intent of his client by showing texts from 12/31 from Rhodes to members in the DC OP Jan 6 21 channel.

In one chat, Rhodes says he's added Don Siekerman, a onetime leader for DC ops in the past, to the group.
In another, he writes: Do we have any other medics coming?
Next text discusses the status of those OKers coming for Jan 6, some texts "I have a surgeon," "I have a medic"

Rhodes talks in the chat about medical gear
"Let's be ready for anything," Rhodes writes on Dec 31.
Rhodes says he's in contact with people in OH who were at the Nov 14 Million MAGA March

Defense is arguing that these texts show more completely what Oath Keepers were up to in weeks before Jan. 6 and that these texts show they were preparing to assist people in DC in case the situation got out of hand

Defense pored over a series of Signal texts where Oath Keepers discussed what their roles will be, who would be admitted into the Jan 6 OP chat, who was coordinating intel, logistics. That included Stephen Brown, an event producer for Stop the Steal rally.

Cody says to his knowledge, def. Harrelson was not on the Old Leadership Chat but was added to the DC OP chat on or after Jan. 5, 2021.
Watkins attys says of the 1000s of OKers in the org, just a couple dozen showed up on Jan 6

Watkins asked how many Oath Keepers were in DC area on Jan 6.
Cody says 10-15.
But that does not seem accurate at all. Maybe Cody meant, there was just 10-15 OKers in area that he was aware of that were ultimately indicted.

Sorry, in one tweet ahead of this one, I should have said Watkins atty.

Def atty Juli Haller asks Agent Cody about the 11/25/20 tip the FBI received (from witness Abdullah Rasheed; background below) about that OKer Nov. 9, 2020 GoTo mtg. And the 2nd tip the agency got in March '21.
dailykos.com/stories/2022/1…

Haller's q's trending toward impugning FBI's OKer probe, asking why the tip wasn't advanced sooner. Asks Cody if it was filed away for later? Cody says he doesn't know why it wasn't brought to light sooner; adds...FBI gets 1000s of tips a day to its threat center

Haller represents defendant Kelly Meggs, by the way.
Haller went through the Old Leadership Chat texts, arguing that text messages offered last week by govt were out of context, out of order.
And she is suggesting that Meggs was not part of chats from Nov 2020 to Dec 18 2020

But there is a ? looming here about how people are notified on Signal when a person leaves a group chat. Cody says he doesn't know how it might work across the board for every chat and in the 4k-some odd texts from Old Leadership chat, he's unsure if Meggs appeared in any before

Haller asks Agent Cody: *before* 11/20/20, did he review msgs about security operations at the rally?
"My particular review did not include a review of Old Leadership Chat prior to 11/20 relating to security," Cody says.

Mehta cuts in briefly.
Haller has been asking Qs for several mins now about the timing of certain text messages and when they appear in the exhibit etc.
Mehta says the govt put forward the exhibit she's asking Qs about, not Cody

After some painful questioning by def atty Haller that led nowhere, Judge Mehta had her wrap it up and now we are on redirect from AUSA Rakoczy.

Rakoczy asks Agent Cody, when preparing to testify, what was the scope of his testimony to be about?
Cody says his probe focused on late Nov thru Dec up to first week of January.
So, when was Meggs in the chat?
Dec 18, 2020.
Day before Trump's Dec 19 tweet.

We see a msg from 12/5/2020 to the Oath Keepers Old Leadership Chat.
Haller asked when Watkins joined the chat?
Dec 5.
Rhodes wrote: "Added Jessica Watkins from OH who is a trust veteran ... Jessica can ask you for help here.."

Rakoczy shows jurors now the 1st open letter Rhodes sent.
It was published on Dec. 14, 2020, almost a week BEFORE Trump sends his "wild protest" tweet for Jan. 6.

In that letter, Rhodes lamented the "stolen" election and said patriots stood ready to "get this done" for Trump

Jurors are reminded again: Rhodes was in the Old Ldrshp Chat in Dec, TEN days after Trump's "wild" tweet, allegedly rallying OKers to stop transfer
Rhodes wrote on 12/29/20 of Trump: "He needs to know if he doesn't do it, we will..."

Rhodes on 12/29/20 continued "And he [Trump] needs to know the dire consequences if he doesn't... we will not submit to an illegitimate ChiComm puppet regime"

Our next witness is up.
FBI Special Agent Justin Eller is on the stand.
He joined the OKers investigation in mid-Jan 2021. He's worked with cooperating witnesses, and has reviewed open source docs/videos. He's interviewed between 20-30 individuals.

Eller is asked to identify Oath Keepers on an org chart shown to jurors by the prosecution. All are OH-based OKers;
Eller positively IDs Watkins, defendant in other OK case, Donovan Crowl, Bennie and Sandra Parker

Special Agent Eller's focus today will be on mid-Nov to early Jan but before Jan. 6.

Jurors see a Nov 16, 2020 Facebook msg sent from Watkins under her bar's profile (bar known as the Jolly Roger). It included a forwarded link headlined: "Anything he signs into law we won't recognize as legitimate, Oath Keeper, founder says"

Another article Watkins forwarded was from Nov. 15, a day after the Million MAGA March. Its headline: "America's largest militia says it will refuse to recognize Biden as president and 'resist' his administration"

Prosecution is getting toward intent and involvement of defendant Jessica Watkins here

Prosecution now sees a video of Stewart Rhodes—with scraggly beard, eyepatch and OKer hat—in DC on Nov 14, 2020 standing next to Doug Smith, leader of the NC Oath Keepers.

The video fed into the media room at the courthouse left most of the remarks from Rhodes in that tape very difficult to hear, apologies.

Oath Keeper Donovan Crowl wrote to defendant Thomas Caldwell on Nov. 15, a day after Million MAGA March:
"I truly treasure your friendship brother. War is on the horizon. Until we go to ground. Semper Fidelis."

Crowl writes to defendant Caldwell from Nov 16: "Thank you for your kind words brother. In retrospect, i probably overstepped my bounds during our op. I know you could tell how committed I am...
Crowl heaped praise on Caldwell for his leadership skills.

Then Crowl writes to Caldwell on 11/16/20:
"I think there will be real violence for all of us next time. I know its not my place, but I'm sure you know, I'm already at work on the DC op."

Crowl continues to Caldwell: "We either WILL have a country and we'll be battling antifa-like bugs to keep it or we will have lost our country/freedom and we will be fighting to regain it...I know I can count on you. Hope you feel the same..."

Another text on 12/4/2020 from Crowl to Caldwell is shown to jurors.
Crowl wrote: "I've been talking with the NC boys and they were adamant that they would not roll an op with Stewie again. I sent them an op plan for 3 to 4 main teams...

Crowl says "Ranger Doug" aka OKer Doug Smith is "thinking we should hold off on an op surrounding the MAGA march and plan for the NEXT op..."
MAGA march is a ref to 12/12 pro-Trump march
NEXT op is Jan .

Crowl to Caldwell text: "Stewie hasn't sent me shit since the last DC op... he may think of me as a threat though I have no desire to replace him...I'll be ready for violence if it comes....

Crowl to C'well: "Anybody who goes to the march is volunteering personal time and money. If stewie cant run anything better than last time, its a waste of your time. I think if the militia is called out in Dec or Jan to stop the socialists for me anyway it would feel very right".

Crowl tells Caldwell: There is a Mississippi faction training now specifically for that mission, according to Ranger [Doug Smith of North Carolina]

So prosecution laid these texts out between Crowl and Caldwell to establish defendant Thomas Caldwell's alleged direct involvement with the conspiracy to stop the transfer of power. Caldwell responded to Crowl's msgs about the "next op" with talk of logistics planning etc

We see now texts from Dec 7 to Oath Keeper Donovan Crowl (charged in second batch of OK defendants) from NC OKer Paul Stamey.
Stamey asks Crowl to switch to the encrypted Signal app; they also loop in OKer Doug Smith. They start to discuss warfare training in NC on Signal

After a sidebar, jurors are allowed to see a msg extracted from Rhodes's phone dated Dec 8 about the weapons training course.
The msg was from "NC Eastern Lead" Steve Kulkowski (sp?) to the "NCOK County Leaders" but found on Rhodes phone, meaning he was likely on that chat

"County leaders: share this on your county's signal group," the 12/8 msg found on Rhodes's phone states.
The attachment is a picture of a man bearing a hand signal with a translation. The hand signal translates to:
"I am ready/Are you ready?"

Stamey, under chat name NC Paul Jarhead, writes to Crowl on Dec. 10 with an address for the weapons training.Crowl texts Jessica Watkins same day. Crowl tells her he just talked to Tom Caldwell, tells her here's much to discuss, they are discussing recruitment efforts

And in a surprising message of apparent tolerance for the trans community, at least, one of its members, Stamey writes to Watkins, who is transgender: "I also think you are a girl and want to be treated tender like 'n such. You deserve that m'aam"

We see Parler msgs taken by feds from Watkins Parler account (OhioStateRegulars) and user "abanderson146"
Prosecution is getting deeper into Watkins alleged recruitment efforts for the op.

We see Watkins reply to "abanderson146" w/info for potential recruits: background checks req'd plus a valid DD214, or a military discharge form.
With that form, she says, weapons training will be required for recruits for just a portion of the time.

Watkins says of weapons training, actually, "we have one coming up Jan 3-Jan 9 actually."
But no training occurred, Agent Eller testifies.
Why?
"I don't believe it occurred because some of the members from OH state militia went to Washington DC on Jan. 6."

Jurors are on a lunch break now.

Trial should be resuming soon.

And we're back with just defendants and attorneys in the room. Defense atty for Caldwell earlier today asked if testimony from uncharged NC OK Paul Stamey could be entered, plus asked if he could receive immunity. Caldwell says Stamey could exonerate him.

Judge Mehta seems dubious about Fischer's request to add uncharged NC OKER testimony into evidence.
DOJ says that evidence is irrelevant and urges that just because the government decides NOT to charge a person, that decision cannot be read as indicator of innocence or guilt

AUSA Jeffrey Nestler says he thought all parties agreed: no one would refer to any one being charged or not charged beyond the defendants in case
Nestler says if we do get into it then govt can introduce who was charged, why and why govt may believe that person is guilty

Judge Mehta has denied, orally, the motion from Thomas Caldwell to admit evidence from uncharged NC OKer Paul Stamey.
We are back to witness testimony from FBI Special Agent Justin Eller.

Eller is reviewing text msgs extracted from Watkins cell phone.
We see one from 11/17/20 from Watkins to a prospective recruit "Leah"
"If Biden gets the steal none of us have a chance in my mind. We already have our neck in the noose. They just haven't kicked the chair yet."

Text messages shown to jurors from Watkins phone re: b4 weapons training:
Leah, a recruit says to Watkins: "So I should get comfortable with the idea of death?"
"That's why I do what I do," Watkins replies.
Leah: "I hope the training will help me be OK with dying for country"

We see a text from Don Siekerman to Watkins on 12/30:
"Per Stewart, OKers will be in DC both 5th and 6th. We'll need folks for close security details, gen. crowd security. More details to come as Stewart gets a call to action together...

Watkins replies: We're coming again. I talked to Tom [Caldwell] He won't be using his property as a new rally pt again. We need another rally point. I'll text Stewart to sort it out. We will be there on the 5th as well.

In further text msgs from Dec. 30 and Dec. 31 we see Siekerman writing to Watkins to hash out communications logistics for weeks ahead, i.e. using Zello, a walkie-talkie app, to talk
Siekerman also asked Watkins to move off traditional text chat to the encrypted Signal app

Siekerman told Watkins on Dec 31 he is putting her on the Jan 6 DC OP channel, inviting her to be on a call on Dec 31 with others planning the next mission.
Watkins responds, telling Siekerman since she owns a bar, she might be busy that evening but will follow up (It was NYE)

Oath Keeper Jessica Watkins in Dec 31 text replies to Siekerman in the Jan 6 op chat:
"DC Metro PD are not our friends, no.
Capitol Hill PD are awesome though!"

On Jan 4, jurors see a text from Watkins to a recruit named Ben. She tells him what to wear (khakis) nd says "Weapons are OK now as well. Sorry for the confusion. We are packing the car and heading your way shortly."

OKer recruit "Ben" tells Watkins "we don't have any khakis, we have jeans and our BDUs. So can I bring my gun?"
BDU = battle dressed uniform

Here's some of what the FBI seized from Jessica Watkins's home on Jan 17, 2021:
a helmet, a radio and belt for gear, a paintball gun with a rubber steel ball cylinder
FBI found in her car: 2 pool cues with zip ties

OKer Watkins had her home and vehicle searched on Jan 17. She turned herself in on Jan. 18.
Jurors are now seeing additional items seized from her home and her car as Agent Eller opens a box.
He pulls out what FBI found: her vest w/ a plate carrier; pepper spray, flashlight

Special Agent Eller has opened another box; jurors see Watkins's helmet, her goggles and on her helmet, a series of patches. One for a "MEDIC" another for the "Oath Keepers"
She also had black gloves with hardened knuckles built in. a visor for her goggles, and a hand radio

Feds also seized two reflective belts from Jessica Watkins's bag

Agent Eller is being asked by prosecutors to ID Watkins in a photo extracted from her phone and also found on Donovan Crowl's phone. Bennie Parker is behind her. She is wearing the same helmet jurors saw, the gloves, the same patches.

Jurors see also: gas canister found among Watkins items plus hopper for paintball gun and the paintball gun outfitted to handle metal balls

Then we see the pool cues.
Agent Eller notes they are cut shorter than a typical cue, missing the soft end used to strike a pool ball.
These have zip ties lopped on the end, like a handle.
One was found in Watkins's house, the other in her car.

Jurors see a text from Oath Keeper Donovan Crowl to Watkins, he asks her if she got to beat up on any BLM/Antifa.
Watkins says:
"We brought whip-ass sticks but didn't get to use them"

Prosecution has Agent Eller go through a series of photographs now taken from inside Watkins's home:

1st image is a picture of a notebook with a proton email address and phone number and a password.
Eller confirms the phone number jotted down belonged to defendant Caldwell.

Jurors see another two pictures, this time of weapons and a black and yellow Oath Keepers flag propped up in what appears to be a closet. One of the weapons was rubber, the other two were genuine.
There's a sidebar now after def lodged objection

We move to the next exhibit.
It is a gun bag with a shotgun and a pistol inside. Agent Eller highlights which weapon is which for jurors on a screen.
There's also a Ziploc bag with different shotgun shells inside.
All were found inside Watkins home.
Now redirect from her atty

Watkins atty Crisp asks Agent Eller if he's aware that the cut-off pool cues (with cable ties) are used as self-defense.
Watkins asks if Eller remembers Watkins showing him how to use them for self defense. He cant. Govt lodges an objection. Crisp asks if possible? Eller: maybe

Def atty for Watkins, J Crisp, moves on asking about weapons that were brought to DC, specific to recruitment.
Did she bring weapons into DC on Jan 6?
Eller affirms she Watkins brought weapons (shotgun, pistol) only as far as Virginia, not into DC

Jurors are being excused for the afternoon break. This was prompted by a request from Watkins defense atty Crisp.
Crisp appears to have taken issue with the exhibits presented to jurors just now. Jurors will leave the courtroom before its discussed further

During a brief recess for jurors, there was tending to an issue over a msg the government introduced earlier. (Below tweet)

https://twitter.com/Brandi_Buchman/status/1579895132723515393?s=20&t=oW1MM__h5Ua9Q6GYn7kqpw

Crisp argued DOJ was being "disingenuous" by introducing this message and not several others around it to lend further context
If not mistaken, Mehta has ruled against Crisp and now we are back to questions for witness Eller

Defense atty for Watkins J. Crisp shows Agent Eller a text from Nov 17, 2020 when Watkins wrote to OKer recruit Leah as they discussed potential fighting, or death, ahead.
Watkins told recruit: "I hope not I love this country too much to see us killing each other"

Watkins on Jan. 3 wrote to the Jan 6 DC OP channel:
"For everyone heading into the city, I know some of you are not going to like what I'm about to say but you need to keep in mind, police are not our friends..."

Rhodes atty is now questioning FBI Special Agent Eller and is trying to establish what Eller knows about any schism between Rhodes and the North Carolina chapter of the OKers. Eller doesn't know about that in depth, def atty changes course

James Bright, Rhodes atty, also tried to have Eller establish that Oath Keepers wore their BDUs or "battle dress uniforms" at all events, making it typical (and not as intimidating)
Eller pushed back a bit, saying he doesn't know what they wear at all events.

Two weeks before Jan 6, Rhodes atty says, texts show members of the Ohio Oath Keepers had other plans not planning to go to Washington.
Lee asks Agent Eller if any of the chats presented today show any planning for Jan. 6 itself?
Eller says there were chats about going there.

But nothing illegal at all? Rhodes atty presses Agent Eller.
You did not see any chats or texts regarding the underlying charges of this case? Lee asks again.
Eller is silent for about 20 seconds. Lee says he's done with the witness.

Def atty for K. Harrelson Brad Geyer comes out with his first question to Special Agent Eller by asking if he remembers Harrelson from how he helped USCP Officer Harry Dunn. Immediately, Mehta cuts in to stop Geyer; that's irrelevant. And it's also a wildly uunproven allegation

Moving on. Defense atty for Caldwell is again trying to poke holes in the FBI's probe of the Oath Keepers; recall defense for Caldwell contends he was not integral to planning at all; jurors saw several texts to undercut that however. Now...

Defense asks Eller questions about whether Caldwell conducted weapons or mil. training at his rural property in Va on Nov 14; Eller says he can't recall whether they were training on that day at Caldwell's farm

Jurors see msgs between Donovan Crowl + Jessica Watkins from 11/11/20, just days before the Million MAGA March. Watkins is discussing how members should be vetted for events; not be drunk, no "yahoos"
(Crowl, we learn from defense today, was intoxicated when he was arrested)

We see FB msgs from 1/6 between Mike Metz, Donovan Crowl where Crowl talks about going "'tifa hunt'n" and where Crowl tells Metz he's going to "rest up at the hotel." Def. argues this supports OKer claim they weren't going to Cap. Ellen says he cant tell order msg was sent in

Defense for prosecution asks Agent Eller if its members of Congress that conduct certification of the election, not members of antifa?

The suggestion, seems to be, OKers were just trying to target "antifa" on Jan. 6. Not Congress.

Prosecution on redirect has Agent Eller discuss how Watkins's texts from 11/9/20 were not the only ones she sent discussing mil. training. Jurors also see her msg to OKer "Whipp" about how grueling training would be
"I want my guys on the same page for the inauguration."

On 12/23, OKer Doug Smith writes to Rhodes about his open letter to Trump calling on Trump to invoke Insurrection Act.
Smith tells "Bravo" x3. Rhodes he and Kellye [SoRelle] laid out the "truth."
Smith gushed about how it would be the most influential letter in history etc

Trial is over today and we are back again tomorrow at 9:30 AM ET. (We ended just a bit early to accommodate a juror's schedule today)

After jurors leave, prosecution asks Judge Mehta if he will set a firm deadline for defense to respond to atty client privilege claim between Rhodes and Kellye SoRelle. Recall, Mehta said earlier he thinks this claim of privilege was a ruse.

Mehta says he will let Rhodes atty Phil Linder try to argue there may be atty-client privilege in msgs between Rhodes/Kellye SoRelle. Linder must have an answer by Thursday morning.

But, Mehta says, he's read that Rhodes and SoRelle had a personal/romantic relationship, so some of the comms may be protected as a result.
We will have to decide what bucket it falls into, Mehta said before adjourning for the day

STORY: Today wasn't flashy. No pearls were clutched. But it was a calculated and methodical plodding through evidence that prosecutors say proves beyond a reasonable doubt that five Oath Keepers, including their leader, committed seditious conspiracy.
dailykos.com/stories/2022/1…