Thread by @Brandi_Buchman

Good morning from Washington DC where the birds are flying high this morning above the federal courthouse. I am back again with daily coverage of the Oath Keepers seditious conspiracy trial. Trial resumes at 9:30AM ET.
Join me for updates!

Catch up on what you may have missed yesterday here;

https://twitter.com/Brandi_Buchman/status/1579994435341135873?t=KWKb_FyIRXi7tgzT5HC5aQ&s=19

Today, I will end my live tweeting just a bit early. Tomorrow is the @January6thCmte's next public hearing (Thurs 1PM ET) and I need to prep for that. And of course, I gotta dance with the one who brought me, so I will have live coverage of the committee hearing, too!

The live blog link is, well, live!
dailykos.com/stories/2022/1…

Meanwhile, get ready for the @January6thCmte hearing on Thursday by reading my write up:
dailykos.com/stories/2022/1…

"Everything we need to build a guillotine could be bought at Home Depot"
This is what Oath Keeper defendant Kelly Meggs allegedly wrote on FB before 1/6 under a picture of a guillotine and what his attorney wants to keep out of evidence today.

Before jurors walk in, Judge Mehta is reviewing this request to keep this Meggs "guillotine" msg away from jurors.
AUSA Jeffrey Nestler says the msg should be admitted into evidence because it is an "expression of his own intent."
"It's highly probative," Nestler told Mehta.

An official from Facebook will likely testify on behalf of the prosecution later to discuss metadata around the guillotine post and others online left by Meggs. The defense says Meggs only left a comment on a meme featuring an image of a guillotine, it wasn't his original post...

Defense argues because it wasn't Meggs original post, it doesn't move toward explaining intent or motive.
But prosecutors push back: Meggs left multiple posts threatening violence between Dec. 22-24 '20 about going to DC.
His guillotine post went up on 12/23.

A ruling on whether the jury will see the Meggs guillotine comment is expected later today from Judge Mehta.

Just a bit of testimony from FBI Special Agent Justin Eller with qs from prosecutor Hughes. Hughes had Eller confirm that it was Kellye SoRelle who was mentioned in a text from OKer Ranger Smith to Rhodes on 12/23 where Smith praised Rhodes/SoRelle for the open letter to Trump.

Joanna Abrams, FBI Special Agent who focuses on domestic terrorism. 1 yr with FBI.
She started investigating the events of Jan. 6 at end of December 2021. Reviewed social media posts/open source videos. She's done about 25 interviews, she testifies.

To be clear, Abrams is now on the stand.

Abrams is asked to focus on mid-Nov to early Jan but before Jan. 6 after identifying Oath Keepers on an org chart for jurors.
As we have seen in the last few days: Abrams says Oath Keepers mostly spoke through Signal.
We are to see more evidence extracted from Rhodes's phone.

We see a msg from Nov. 17, 2020 found on Rhodes's phone.
It comes from Joshua James aka "HYDRO AL" to the OKFL Hangout chat
"Alabama checking in!" James wrote. "Standing by, on call 24/7"
James FLIPPED on Rhodes, if you recall:
dailykos.com/stories/2022/3…

A separate chat was created for Oath Keepers of Georgia on Dec 3 2020.
FBI Agent Abrams notes this GA chat was not the first time OKers across states were communicating

Brian Ulrich aka "Bilbo" writes: I'm seriously wondering what it would take just to get every patriot marching around the Cap. armed just to show our govt how powerless they are...if they continue to rape our constitution, this is what will happen
ULRICH:
dailykos.com/stories/2022/4…

In a diff Signal msg from user "Truthseeker69" to the Georgia OK general chat, Ulrich notes that OKers "welcome allied groups" like the Three Percenters to join them in DC.

Rhodes responds to the GA Chat: "There's a 7 man team coming from LA. Sure would be awesome to have a team from GA as well."

In other msgs from 12/14 to the GA OK Chat, Rhodes extolls virtues of American revolutionary Samuel Whitmore, a 78 y/o American farmer who killed British soldiers in an ambush.
Rhodes: May there be 10k Samuel Whitmores and a thousand Bunker Hills...May the Redcoats pay dearly.

In another text shown to jurors we see OKer Brian Ulrich (who pleaded guilty) tell Rhodes "We need to unite the clans"
(Another sign of collab between extremist groups heading to DC for Jan. 6)
Rhodes: "Agreed. I need to stop traveling so much and get some critical writing done..

Rhodes's added in msg to Ulrich that he needed to get Trump to act, ie invoke the Insurrection Act

On Dec 20, Joshua James tells Old Leadership Chat "We're going to DC"
Prior to this text, jurors saw a number of messages where Rhodes and fellow Oath Keepers across several states spoke of coordinating their local chapters to come to Washington on Jan. 6.

MORE from OKer Brian Ulrich who pleaded guilty:
On 12/20/20 Brian Ulrich wrote to Old Leadership Chat: "Trump acts now maybe a few hundred radicals die trying to burn down cities. Trump sits on his hands, Biden wins, millions die resisting the death of the 1st and 2nd amendment"

Another text from Ulrich to OKers on 12/31: "I'll be the guy running around with a budget AR"
Then, Joshua James (flipped on Rhodes) writes on 12/31: Alabama will have a team in DC Tuesday morning as well

We now see some of the fruits of Joshua James's cooperation.
Jurors see a direct msg seized off Oath Keeper Joshua James's phone to OKer Mark Grodes. It is a GoogleMaps pic with the caption "Rally pt for ATL 12PM ET Monday"
That Monday would've been Jan. 4.

Grodes and James discuss getting on a conference call on Jan. 1; discuss meeting with NC OKer Ranger Doug for a "supply drop"
Defendants Kelly Meggs and Ken Harrelson were part of that drop, prosecutor says

Another text from the OKer who flipped on Rhodes, Joshua James. In a channel labeled "Jan 5/6 DC OK security/VIP chat," James wrote: "Our team plans on doing heavy recon when we arrive late on the 4th... early boots on the ground"

Jurors see a receipt for a stay at the Mayflower Hotel for Jan 5, 2021 for Oath Keepers Joshua James, Roberto Minuta and Ricky Jackson.
Minuta listed as the point of contact.
(FWIW, I note that Mayflower is a higher-end hotel, and avg price per night is about $400)

Jurors now see a call log summary from Joshua James's phone. Most calls are between Minuta and James.
But there are calls to Rhodes too.
From the start of Dec to the end of Dec, Abrams notes that calls between Oath Keepers shot up.
James had 3 calls with Rhodes on Dec 8,9,26th

James also spoke to OKer Michael Greene aka Whipp.
Whipp was the "operations leader" for OKers on Jan. 6.
James had 2 calls with Greene in December 2020.
James spoke to defendant Kelly Meggs in Dec too. They spoke 5 times: Dec 26 (twice), Dec 30 (3x)

James had another call with Don Siekerman. Twice in fact, the call log shows. Siekerman was another ops leader for Jan. 6.
In the 1st 3 days of Jan. James was in touch with Grodes, Michael Greene

Atty for defendant Ken Harrelson Brad Geyer now cross'ing FBI Special Agent Abrams. Pulling up the call log summary we just reviewed from Joshua James, he notes that Harrelson doesn't appear anywhere on James's call list.

Geyer asks Abrams if she's aware whether def. Harrelson had met Joshua James prior to Jan 7 or Roberto Minuta, or Jonathan Walden or Rick Jackson or Brian Ulrich or Rhodes
To each Q, Abrams says she doesn't know if Harrelson met any of these OKers before the Capitol attack

Abrams on redirect by prosecution is asked if she recalls the defense claiming there was "no mention of the Capitol" in these chats.
BUT, recall, Brian Ulrich on 12/5 wrote: "I seriously wonder what it would take just to get every patriot marching around the Capitol."

Witness Terry Cummings now up. He served in military before college. His father served in Army Air Corps; had friends who served in military in Vietnam; he was part of the Air Nat'l Guard. He needed money for school and knew enlistment would help. First deployed in 78 to Germany

More background on witness Terry Cummings: He returned to the US after his mother was diagnosed with cancer.
He served in the Guard for 21 years; later worked as a transit guard in Oregon. Ended up with transit dept there for over 20 years.

In 2015, he became disabled, developed vertigo. He tells jury it can impact his memory recall but today, he confirms, his perception is clear.

Now, to questions. In 2020 he was living in Florida and became associated with Oath Keepers for the first time.

Cummings says he joined OKers because he believed the Oath Keepers represented what he stood for, i.e. protecting US from all enemies foreign and domestic.
In 2020, he elaborates, he was spurred to join OK because of "antifa" riots in Oregon

Cummings was part of Signal chats for Oath Keepers. He read them often but didn't participate, he says. And notes, he didn't read everything.
Some people in the chat were extremely prolific, Cummings said.
He ended up meeting defendant Kenneth Harrelson in person though.

When Ken Harrelson and Cummings would meet, they would talk about the mission of the Oath Keepers in Florida (where Cummings was living)
There was discussion about coming to DC for the rally on Jan. 6.
Cummings decided to go.

It was an opportunity to express my first amendment rights. There was a lot of conversation about whether the election had been stolen or not, a big rally to support the president and se a sitting president which I had not done at that point in time

Cummings says he understood that Oath Keepers were asked to provide a security detail to "VIPS" at the rally and onto the Capitol
Cummings concedes he had no license, training, no certs to be a security guard of any kind

Cummings came to DC with Oath Keepers Jason Dolan and Harrelson.
When they left FL headed to DC, they stayed at a "rustic camp" in NC. They met other OKers there including Kelly Meggs and his wife Connie Meggs.
"There were quite a few people there"
This was Jan. 4, 2021

Prosecution brings out the assault rifle that witness Cummings said he brought with him to the hotel in northern Virginia (where qrf stationed)
He did not intend his weapon to be used by anyone else, he testifies.

When Cummings brought the gun to DC, he thought the Oath Keeper mission was about being on the defensive, he testified.
But what did he think when he saw the inside of the QRF/hotel room in Virginia?
"I had not seen that many weapons in one location since I was in the military."

Cummings says he accidentally checked into the Hilton Garden in Georgetown so he ended up crashing with Oath Keeper Jason Dolan.
Transportation had been arranged by Kelly Meggs to get OKers from the hotel to DC, he testifies.

KEY: Witness Terry Cummings says when Oath Keepers got to the Ellipse on Jan. 6, it was defendant Kelly Meggs that "had contact with the organizers"

The group left the Ellipse before Trump's speech had ended, Cummings says.
They had to meet VIPs.
When they left the Ellipse, Cummings says they started walking toward the Capitol.
On the way, Meggs informed him "they had breached the Capitol"

What does "breach" mean to Cummings? prosecution asks.
"To me it has sort of a negative connotation, like breaking in," Cummings says.

When they got close to the Capitol, Cummings describes the scene, says "There were a lot of people milling around."

Was it like anything he had seen before?
No it wasn't, Cummings says.

Did he see anyone scaling walls?

I do believe I saw ppl climbing up the outside walls.

We are on a brief break

And away we go, court is coming back in session.

We've learned that @JonMoseley has released FBI witness stmts to the press that the prosecution/Judge Mehta said last week were under protective order.
Mehta warned he would hold the disbarred atty in contempt if he did this.
"We'll deal with that in due course," Mehta says now

Cummings is on the stand testifying once more.
He reaffirms he had no leadership position with the OKers.
Cummings also clarifies: he didn't meet Rhodes PRIOR to Jan. 6.
Reviewing pics from Jan 6, he IDs himself, Meggs and others as they are moving toward the Capitol

Proscution asks Cummings: when did he decide on 1/6 that the OKer VIP escort was over?
Cummings says: "At some point after we arrived at the Capitol, I didn't know whether they reached the pt where they needed to be or what decision was made"
but Meggs hung back

As Cummings is standing there with Meggs outside the Cap, prosecution asks him: was there any conversation about helping police at the Cap?
Cummings says he can't recall anyone saying this.
What about helping anyone else specifically?
I can't recall a conversation like that.

Cummings says he didn't continue marching on the Capitol because he had "an overwhelming need to relieve myself"
He used a porta-potty, came back and couldn't find the group he came with

Witness Cummings recalls seeing Stewart Rhodes outside Cap on 1/6.
He remembers Rhodes saying, "Oh just suck it up" when the police started using chemical spray on the rioters.
What did that mean to Cummings?
"Like a little tear gas in the eyes wasn't a big deal."

Cummings did not go into the Cap. That night, he left the area, got some dinner. Went to get some sleep. The next morning he intended to meet Kelly Meggs but Meggs and others had gone. He went back to the hotel in Va to get his gun and then he left DC back to Fla.

Prosecution showed Cummings and jurors a series of photos from the hotel in Virginia. In them, IDed: Cummings, Jason Dolan and Kenneth Harrelson.

Cummings had a burner phone he used in DC; he thew it out once the FBI contacted him, he says.

Prosecution establishes that Cummings once helped pay toward defendant Ken Harrelson's legal fund.

Prosecution asks: has he been promised anything with his testimony or threatened?
Cummings: No.
So, why are you here today?
Cummings says: "Because I was given a subpoena"

On cross by Rhodes atty James Lee Bright, Cummings fields q's about why he joined the Oath Keepers in 2020. Cummings says he didn't like what had happened to Oregon, all the protests and rioting

Bright then notes Cummings military background, then asks him if he would have known that the Oath Keepers were intent on breaching the Capitol when he was walking toward if, would he have turned back?
Cummings says yes.

OKers have said they were escorting a VIP "latina female" away from the thousands of people around the Cap on Jan. 6.
Once she was dropped off, on cross-examination with Rhodes atty, Cummings says he cant recall how seeing or hearing OKers discuss plans to storm the Cap

Witness Cummings says he stood outside the Cap for a good bit of time, maybe an hour while OKers were inside. When some Oath Keepers returned, Cummings said they discussed an interaction w/an officer inside.
OKers said they thought the officer "seemed relieved" OKers were there

On cross right now, Meggs atty Stanley Woodward is walking through the steps Cummings took on Jan. 6; Cummings IDs a badge he received on Jan. 6. It was a badge for the "Save America March VIP area"
Cummings recalls being 20 yds away from Trump, called it a privilege

Cummings says Secret Service did not allow Oath Keepers to wear helmets or vests in the VIP area at the Ellipse.
A photo of one of the security gates Cummings went through is shown and it appears Alex Jones went through the same tent.

Woodward is back to asking Cummings about Kelly Meggs remarks on Jan 6 that he had "assisted someone" in the Capitol.
This v. likely pertains to Meggs's claims that he was helping USCP Officer Harry Dunn.
An objection was lodged by DOJ and sustained by Judge Mehta

Jurors are excused for lunch. Cummings testimony will resume around 1:45. Sadly, I must end my live-tweets around 2:30PM today.

We are back and before jurors come back, Judge Mehta is weighing in on whether to admit the social media posts from def. Kelly Meggs made under an image of a guillotine:

https://twitter.com/Brandi_Buchman/status/1580189174971260928?s=20&t=TbJgXqqEywDCkaoChXLI0g

NOW: Judge Mehta says there *is* probative value in Oath Keeper Kelly Meggs's statement on social media on Dec 23 stating "Everything we need to build a guillotine could be bought at Home Depot" under a meme featuring a guillotine.
Mehta will allow it into evidence.

Def. wants to keep more evidence out; this time, a link Meggs sent to OK chat of a podcast where "Armed patriots" coming to DC was discussed.
DOJ says the footage goes toward Meggs intent because he sent the link with a "wink wink' suggesting this was something OK should do

Ken Harrelson def atty Geyer back up, conducting cross of Terry Cummings.
Geyer asks several q's re: OKer philosophy; argues they would not act in opposition to the Constitution etc; but when he asks Cummings if he heard talk of stopping certification among OKers...

Cummings says no, he didn't hear talk about stopping the certification. But he adds, there may have been conversations he didn't hear among Meggs et al

Geyer has spent some time establishing the defense narrative around1/6, in partic, the OK "security detail" and what happened when that group went from the Ellipse to the Cap.

Cummings describes how OKers who had left protective gear behind from the security area were able to pick it up later. Cummings later IDs Burgess, Dolan and Harrelson as part of the detail in footage.

When Cummings is asked if he heard OKers say they should continue to Cap to get protectees to Congress
Cummings: "That I don't recall"

Watkins atty J Crisp is up with questions about the QRF in Virginia.
He brought his weapon to Va and stowed it there in case the weapons were needed to quell violence in DC.
"Those weapons were not going to be used offensively?"
Cummings: "As far as I'm aware, there was not"

Let's also recall about Cummings as he says he doesn't recall hearing certain stmts on the 6th - he was split off from OKers at various times on 1/6
He has said, he didn't stay up on the OKer chats because the writers were often too prolific.
He wasn't part of leadership.

There is a point of order made by defense atty Woodward - the gun that Cummings brought to Va on Jan 6 and dropped at the hotel in Va was not an assault rifle. The AR is short for armalite rifle.

I'm going to wrap up live-tweets very shortly here but want to squeeze in redirect of Cummings for you. Happening now.

Prosecution asks Cummings if he was in FL OK chat. Asks if he recalls seeing Rhodes say in chat:
"let's adopt the Q slogan 'where we go one, we go all'"
Asks Cummings if he remembers seeing Meggs speak of the militia and saying "we are the people, we make the rules"

In another msg from Rhodes, where the OKer leader said "We failed to be a well-regulated militia, we failed at stopping the "ChiComms" from getting into office," prosecution asks again if Cummings recalls seeing these msgs.
So far, Cummings has not

Jurors see text from 12/25 from Kelly Meggs to OKFL chat: "patriots are going to stand and we have to lead them. make sure you are really ready not just talking....we need much larger numbers PDQ...we have millions ...we need to wait patiently and then be the leaders

Cummings cant remember those texts but again, as prosecution just moments ago noted: he wasn't part of leadership, he wasn't part of all planning groups or chats either.

Now, about that "latina female" that Oath Keepers say they were protecting on Jan 6:
Cummings says he didn't know her name.
Cummings says he never got any info about her emergency point of contact.
Cummings didn't have any information about her at all.

Prosecution establishes that Cummings said in his grand jury testimony that OKer Jeremy Brown was the only Oath Keeper to hang back with the "latina female" being "protected" when others split off to the Capitol. Earlier today he said maybe 1 or 2.

Prosecution to Cummings: You were asked if OKers had a specific plan for Jan. 6?
Did HE know what was going on inside the Capitol on Jan 6?
The news had been reported that Congress was certifying the election, he said. That's why VIPs wanted to be there, Cummings said.

Who was his news source? Online news sources, Fox.

Earlier Cummings said if he would have realized there was going to be a breach of Cap, he wouldn't have gone in. Manzo asks OK what did you do?
Cummings: I stood outside. I observed

Cummings described the ride home from Washington as "somber," DOJ notes
Based on his experience, did Cummings expect the ride home to be somber after what they had just done, as defense maintains, something great to help somebody?
Objection by def. sustained

Prosecution brings up the Save America March VIP badge that Oath Keepers rec'd to attend Trump's speech at the Ellipse.
DOJ: The pass was for the Ellipse, correct?
Cummings: Yes
Does this pass give anyone permission to breach the Cap?
Objection sustained...

Did this pass give anyone permission to do anything inside the US Cap?
Cummings said no, he wouldn't think it would

Ok folks and on that, I have to end live-tweets. Cummings is off the stand. I'll have a write up for you later today and I'll be back for a portion of the trial tomorrow before I break off to cover the Jan. 6 committee hearing at 1pm ET. Then, on Friday, full trial coverage.

REPORT: For the sixth day of the Oath Keepers seditious conspiracy trial, it was about revolutionary fantasies, a whole lotta guns, and a slew of menacing texts.
dailykos.com/stories/2022/1…