Roger Parloff Profile picture
Nov 7, 2022 212 tweets >60 min read Read on X
Day 21 of the Oath Keepers seditious conspiracy case—with top defendant Stewart Rhodes on the witness stand—starts shortly. I’ll be live-tweeting for @lawfareblog . Day 20 began here:

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After the govt rested its case-in-chief last week, @benjaminwittes and I sat down to discuss the strengths & weaknesses of the govt’s proof in a @lawfareblog podcast posted this morning: The Govt Rests; Roger Parloff Does Not. bit.ly/3fFgFK4
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Also, yesterday I wrote a short thread on what I think is the toughest challenge the govt faces: proving the “conspiracy” part of seditious conspiracy.
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On Friday top defendant Stewart Rhodes took the stand. It’s not clear if we’ll reach the govt's cross today. As I understand it, the other defendants will have a chance to "cross-examine" him first. ...
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It's unclear to me whether that must be hostile--contingent upon Rhodes having incriminated them in some way--or if that can be friendly: a way to simply use Rhodes as a witness on their behalf. It's not a common situation & Judge Mehta has suggested he'll play it by ear. ...
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Rhodes described his background on Friday but did not reach any substantive J6 issues. He spoke quickly but seemed folksy, relaxed, & at home. He described growing up dirt-poor ...
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in a migrant farm worker family and being one-quarter Mexican. He mentioned winning the William E. Miller Prize for best paper on the Bill of Rights before graduating from Yale Law School in 2004. He seemed to argue that his formation of the OKs in 2009 had something ...
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to do with his opposition to the Bush Administration's harsh, post-9/11 policy on enemy combatants. He said he "would never tolerate anyone who was racist" in the OKs & would "take them right out." He also described instances in which the OKs had allegedly ...
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protected black female or LGBT/trans Trump supporters against Antifa, who he said were usually "skinny white guys." Rhodes also said he thought the 2020 election was "unconstitutional" because anti-covid measures adopted by election officials in swing states had not been ...
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instituted by the state legislators themselves, as he said was required by Article II Section 1 of the Constitution. He did not mention election fraud (though Rhodes propagated some of the wildest of those theories on InfoWars & elsewhere in 2020.) . ...
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Judge Mehta is on the bench.

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Woodward (for Meggs) now claiming that evidence
was just disclosed over the weekend about certain FBI communications indicating FBI was monitoring OKs. There's inflammatory statements by Rhodes & he's complaining that these are only now being turned over, after ...
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Rhodes has taken the stand. But they'll postpone hearing more about that because the jury is now coming in.

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Def. Rhodes is back on the stand.
His direct testimony resumes (led by his atty Phil Linder).
Rhodes says he is "good to go."
Now talking about Million MAGA March in Nov 2014.
Rhodes: election night, Kellye SoRelle was in Detroit. she witnessed what she thought was ...

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fraud & started getting death threats. I started to send a PSD to protect her in various states. Had GoToMeeting 11/9 -- purpose was to plan for 11/14 rally in DC. wasn't planning for J6.
Went to Million MAGA March. John Shirley (current law enforcement officer) in charge .../15
and Michael Greene as his #2, for operations chief. they reach out to DC police to have smooth coordination.
I wear 2 hats. always doing speeches. advocating what i believe constitutionally. that's separate from our operations. that's why i delegate that to experienced former
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law enforcement guys.

Rhodes: Insurrection Act-- congress has power to providing for the calling forth of the militia. Insurrection Act, beginning in 1807, carries that out. That was his belief.
as i stated in my open letter of 12/12 or 12/23 ...

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the militia is -- in the founders' day, everyone was in militia. no separation between people & national guard. last century they bifurcated that. organized militia is national guard & naval reserve. the unorganized is everybody else. males 17-45 ...
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i believe president has power, whenever there's a failure of state govt to secure liberty, he can use calling forth the militia to secure those rights. eisenhower did it to desegregate the schools--
for Million MAGA March had mobile QRF in a van. ...

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we had 2 missions: escort 4 ladies who were speakers at freedom plaza, and then escort them by foot to SCOTUS for another event. John Shirley (ph) in charge of that. Josh James there. Alex Jones was there with his own security team. we were piggybacking on that.

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When we do a mission like that, organizer gets permits for the event. we protect event, speakers, audience. Antifa likes to attack people after event as going back to Metro stop or hotel.
Nobody charged with firearms violations for 11/14/20. No force used that day.

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2d mission was general escort mission. I was spearheading that. doug smith & guys from NC and jessica watkins and crowell from OH.
doug smith didn't do mission; had some guys angry with him about that. after that there was a split between NC and national OKs.

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I was like broken record, making same argument about what Trump had to do. In 12/12/20 came to DC for Jericho March. John Siekerman was operations chief for that. Meggs had event in Miami that day in FL, protecting Roger Stone.
At Jericho I spoke down on the mall.

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in the afternoon. We escorted Gen. Flynn from SCOTUS with [1st Amendment] Praetarian Guard. escorted him to mall. watched over audience in general. Had about 15-20 OKs in DC that day. Announced a QRF, but no one was left with guns in hotel that day.

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this was psy-op against Antifa. but didn't want to spare the man power to leave guys at the hotel doing nothing.
no force used in that event. nobody charged with firearms violation.
no OK has ever been charged for those since founding [rhodes says].
event in FL ...

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for Roger Stone was led by Jeff Morlock (phonetic). I don't get down to the nitty-gritty, micro-managing. SoRelle with me for Dec 12 event, too, with Whip (Greene) also. Also had 11/21 Stop-the-Steal (Ali Alexander) event in Atlanta, with Don Siekerman & Greene (Whip).

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To get him off stage did that thing with hands-on-shoulders to get him off stage. it's not a military thing it's a PSD thing. [personal security detail]. Shirley (or Sirley?), Greene, Siekerman all there.

Now discussing his open letters to Trump 12/14 & 12/23.

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"gist was for Trump to do a declassification of records in CIA and NSA of corruption & illegality and expose corruption in both major parties. president was absolute power to declassify anything as we're finding out now."
Signal chats prior to 12/14 were about that event.
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believe we found out 12/22 or 12/23 that there would be a J6 event. contacted by Bianca Gracia of Latinos for Trump.
For us, wasn't till then J6 became a thing. Put Don Siekerman in charge with Greene as #2. Greg McWhorter, my vice president, was also invited.

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but he came down with covid. i've known him from Montana and Indiana. He was on our board since 2014.
There was latinos for trump, blacks for trump, & something else had event just north of Capitol. whole bunch of small events planned around Capitol. 7 or 8 permitted.

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this is going to be the orbit we're going to be walking around. first contacted by Bianca Gracia.
She's one of founders of Latinos for Trump, which I belong to.
On J5 were working with Latinos for Trump; Ali Alexander's event; PSD for Roger Stone; PSD for Alexander himself. /31
On J6 working with Virginia Women for Trump.
Don got sick, so Greene took over. got there afternoon of J5 in time to watch over VA Women for Trump. I got to DC on J5. I was with SoRelle. After got to hotel in VA. went to freedom plaza. Greene stayed at some hotel we stayed at
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[Hilton Garden Inn in Vienna]. I told Meggs he could leave his firearms with us because it has secure parking garage. [Rhodes is saying he didn't specifically know about the QRF at Comfort Inn, though he knew people would be leaving guns outside DC.]

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the people loading guns at the Comfort Inn was a FL group, AZ group, NC group. I had nothing to do with that. I knew Meggs had gotten some hotel rooms, but didn't know he'd gotten them with Paul Stamey.
I was unaware of communication between Watkins & Caldwell

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I was also not on some of Michael Greene's chats. Was surprise to me sitting here. Didn't control or ask for the two QRFs we saw -- Vallejo & Stamey.
Vallejo, i knew he was coming, I knew he had hotel rooms. that's all i knew. didn't know vallejo considered himself a QRF.

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Vallejo was on the ground in DC at Freedom Plaza. was giving guys rides, but then he lost his truck. parked it and couldn't find it.
next morning when he found it ... later said "standing by"--i didn't see that till later. what he meant was, i'll give anybody a ride.

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would take them too long to load all that stuff into a truck. as long as it took to put it there in first place. makes no sense. [better to have it in a mobile van, like we had one on 11/14, he's saying]
if allowed to come in--by insurrection act--we could have done whatever

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president wanted us to do. my concern in November was to secure the White House. no longer my concern on J6.
11/14 and 12/12 were Saturdays. congress not in session. J6 different [a wednesday].
on J6 had no comms with Watkins or Caldwell. I saw that Watkins had been added

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to the DC Op Jan 6 21 channel.
We had 4 dedicated teams of OKs on J5-J6. 2 PSDs, a general escort mission, and [a fourth i didn't hear]. teams from NJ, NY, OH, CA, SC, FL, AL, NC. but NC was no longer dealing with us. they'd split from us.

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so probably 100 OKs (including about 40 from NC).
start security duties on J6 morning. Organizers tell them where to be. everyone else goes to ellipse rally.
Antifa usually attacks when event is over when people are going to their hotels.
SC went straight to Latinos for

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Trump event.
Greene was communicating with them, not me. not going to step in unless i see a problem. my plan was to be there all day hanging out there.
we left around 8:30-9am. Greene, SoRelle, myself, Todd Wilson. retired police officer from NY too.
Do an 11am speech...
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that was permitted for just north of Capitol. up 2 blocks north. lower senate park. "area 7" on the map. was there until about noon. kellye had to use a porta-potty near the Supreme Court. she was cold. Called Aquino Dario. went to food truck, chicken wings, then went to

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Dario's hotel. watched president's speech, getting warmed up. Greene wasn't with us. he had designated the Peace Monument as a rally point. he was hanging out there i think--just speculating.
i wasn't communicating with these people. they're doing their own thing.

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first time he heard Capitol grounds being breached: about 1:45pm. Greene called me, said they're storming the capitol. Trump supporters.
i was in hotel with Dario & SoRelle. said I'm going to head that way to see what's going on. when i get there let's link up.

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eventually met up with Greene. ... got disoriented about my cardinal directions. ... me & kellye & dario got together. Dario had had friction with Meggs. He didn't want to be with Meggs' team. He's not my bodyguard. i don't need a bodyguard.
we didn't realize ...

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people were going on inside. I knew there was a huge crowd. people pounding on the windows. i thought, oh shit, somebody might actually break in.
later i saw trump supporters coming up a ramp--i said, ok, somebody actually got in. that's when i said, come here, to NE ..
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corner, if not on mission. i was worried about Meggs group. didn't know where they were.
people were supposed to escort some people from Ellipse to Area 8 permitted event that Ali Alexander had scheduled. Rogers was supposed to be a speaker at that event, too, tho he was

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later denied a spot.
Josh James, Roberto Minuta (an EMT with medical training), Brian Ulrich and 2 others protecting Stone.
i expected -- heard that Roger Stone detail said hey, he's not leaving his hotel. staying at Willard. guys are freezing.

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wasn't too worried about them. but worried about meggs' team. supposed to be at Area 8, can't find them. my concern was, this area 8 event is not going down. no stage, no sound equipment, wondered where my people were. didn't want them getting wrapped up with all the trump ..
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supporters. goal was to make sure that nobody got wrapped up in that tktk foxtrot a the Capitol. (??) Phone [connections were screwed up] that day, very hard to get a connection. Morlock could not reach Meggs. He contacted me; i got on Signal to try to reach Meggs ...

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I got ahold of Greene, but couldn't reach Meggs. Saw incoming call from Meggs, but then we couldn't hear. No communications at all, and he just dropped off again and it was just Greene and me again.
I had no idea any OKs had gone in. first i heard was when Meggs team

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walked up afterwards and told me they had gone inside. no plan. intrinsic or extrinsic. [sic-- he means implicit or explicit].
nothing i was wanting him to do with Insurrection Act had anything to do with stopping certification of the election. had to do with declassifying
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data.
i never laid out a plan, didn't imply anything. all of my effort was on what trump could do. i expected congress to certify this unconstitutional election, but wanted [people? Trump?] to do what they could do.
meggs' team walked up -- still didn't know Jessica was
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there. So maybe about 24 people [gathered at about 4pm]. i was communicating with SC team. they had my flashlights & gear. didn't bring a baton after all. did have a helmet in there.
still waiting to find out where josh james went.

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i learned his group had gone in only when i saw James' picture on FBI list. he went to dinner with James, but he didn't tell me.
dolan was with meggs, knew he'd gone in. Meggs told me he'd gone in, and i said that was stupid. (like dolan testified.) ...

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knew Todd Wilson had gone in, too. i didn't congratulate anybody. no plan by me.
then went to back to Phoenix hotel. kellye had to talk to bianca. then we went to dinner. josh james, todd wilson, could SC guys went to Phoenix. to warm up.

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SC guys done with their event. Then went to Olive Garden for dinner.
talked about what happened. I'm like broken record, i'm all about the insurrection act & what trump could do. even at dinner James didn't tell me he'd gone in.

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next morning all of us left. kellye & i.
[turn off phone?]
yes. kellye was worried about it. she was more conspiratorial. i've been doing this for 13 years. i've been a dissident. she's like, they're gonna be coming after you. ...

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her fear was that the black hats were going to start rounding people up. why i think it was stupid to go in the capitol was that it opened the door for our political enemies to persecute us--and here we are.

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[why did you ahve meeting with jason albers a few days later?]
wanted to get Trump to invoke insurrection act. wasn't about guns. about exposing wrongdoing. still believe trump could have done that. asking him to do something perfectly legal. friend chad rogers provided...

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this avenue to [reach out to Trump].
[i've engaged in] some rhetoric & bombast. I was also concerned with what i'd saw in govt. Destabilization and attempts to pull a coup.
After inauguration I stopped calling for the insurrection act. i wear my heart on my sleeve. have

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strong beliefs.
In May 2021 we were in Lubbock. Kellye was there to observe an election. i was there to protect here. we walked out of hotel and FBI were there. Agent Palian and Agent Mark Saylor from Montana. Knew Saylor from before. ... [brief reference to Bundy Ranch]

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I told the FBI i was armed. Also told them i had weapon in backpack. that didn't surprise them.
they asked for my phone. i gave them log-in code for it. they gave it back 2 weeks later.
100s & 100s of Signal chat on that phone. I didn't delete the app. made a point of that.
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now discussing message from Kellye SoRelle telling people to delete messages and saying it was from him.
Rhodes says: i told her to tell them they have 5th amendment right not to talk and they should stop talking . i didn't tell her to tell them to delete things. ...

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i didn't know Caldwell was at J6. I met Caldwell at small rural Stop the Steal event. he let us stay at his farm for the 11/14 event.
i didn't know he was going to be there on J5-6. wasn't with us in December either. He helped us plan a route in.

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Of Meggs: he was with us in louisville. did great job there. and Kenny Harrelson, too. and Jessica.... Greene and I were talking to young men with guns in waistbands, but we explained to them we agreed the breonna taylor killing was wrong--they dialed back on their animosity

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[your belief 2020 election was invalid?]
yes. unconstitutional and also i believe it was fraudulent.
[your belief that urging Trump to invoke Insurrection act was legal?]
yes.
Now referring to Hagmann report video with Sam Andrews on it. That was not related to OKs ...

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Rhodes says. He was once an OK but [long ago]. he's an idiot. not involved in current OKs.
[The Sam Andrews interview on Hagmann Report was the exhibit I tried to post on YouTube but they removed it and warned me I'd be suspended for 90 days if I reposted.]

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Jury has been excused for morning break.
Now Rakoczy discussing emails that she disclosed this weekend that had Woodward (for Meggs) was bent out of shape over this morning. They concern effort Rhodes made to get his open letters to Trump through a donor

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to the OKs who had a son doing something with the White House. FBI interviewed the the donor and she said she never tried to do anything with the letter.
Another email is about info about Rhodes considering going to Portland or Vancouver in Sept 2020 with goal of baiting

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Antifa to attack to start a conflict. She says the defendants previously knew about that information.
Linder (for Rhodes) says he doesn't think the new information is relevant. Mehta is suggesting that Linder has opened some doors.

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The emails come from the Montana FBI Agent Mark Saylor who was mentioned during the direct. The information seems to come from confidential human sources (CHSs).
Judge Mehta is saying that Rhodes did not incriminate any other defendants, so he's not sure they ...

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should be permitted to cross-examine Rhodes. But it sounds like he'll permit a bit of questioning (rather than having Rhodes to resume stand later as part of that particular defendant's case).

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Here, by the way, is Sam Andrews, the guest on the Hagmann Report, that Rhodes called "an idiot." Kelly Meggs had sent a link to this interview on Signal chat in which Andrews urged large groups of armed men to go to DC on J4-5-6 demanding resolution of election fraud issues.
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He recommended large groups so police would not dare arrest them. Independently, AZ OK Ed Vallejo had also sent the same video clip to a friend, with a strong endorsement.

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Obviously will be interesting to see how Rhodes holds up on govt's cross. My own very subjective reaction to his direct was that ever line he uttered--in terms of both content & delivery--sounded like someone trying to pick up a 17-year-old at a bar.

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Judge Mehta is back on the bench & Rhodes on the stand.
Direct continues (by Linder):
Linder elicits that when Rhodes was there outside capitol on J6 he couldn't see what was going on.
I had no idea anyone had broken in or was assaulting officers or anything.

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i feel that was horrific. i would never have condoned that. anyone who did assault a police officer should be prosecuted for it. 30 percent of our guys are retired cops.
don't condone any of those activities including what Josh James did.
Linder's done.

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Woodward (for Meggs):
I first met Kelly Meggs for the Louisville operation. i think we'd talked on phone before as well as other FL guys.
W: He's not former military or law enforcement.
R: we accept associate members.
he'd been in Louisville & did really good job.

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Woodward elicits at that time FL OKs were one of largest chapters in the country. and that Rhodes began to participate in FL chat groups more.
Woodward talking about his claim that Meggs went "off mission"
R: it was not part of our mission to go into the Capitol.

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our mission is disaster relief, assist law enforcement. etc. At Louisville, defending a gas station & couple other businesses.
At MAGA March mission was general escort ...etc.
Mission on J6 was to protect event in Area 8 (Ali Alexander's event) and escort speakers to it.

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W: part of objective was to protect those in bldg from violence?
R: general mission was to watch over trump supporters & protect from violence. but no planning for entering the capitol.
Showing Signal message to OK FL Hangout from unknown number: to "secure the objective...

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and protect those in the bldg from violence."
Rhodes saying he disagrees with that.
W: how would you describe Meggs' posture in front of Harry Dunn in the Capitol?
Objection sustained.
Any knowledge of Meggs engaging in violence inside Capitol?
No.
Woodward's done.

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Geyer (for Harrelson):
Asking about Sam Andrews, the guy on the Hagmann Report.
Rhodes says Andrews assisted in 2014 but had out of control ego and refused to take direction from us. acrimonious fallout.
after Ferguson we'd been talking about responsibility of vets ...

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to protect their neighborhoods. Sam was going to spearhead that but he started in terms that were very confrontational towards the police.
i said, that's not what it's about. he said, you shouldn't be trying to micromanage my mission. he got pissed off & left

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i've had zero contact since then.
G: were you aware of those videos?
R: not at all. not till i saw them in the courtroom.
G now wants to show CCTV videos from J6.
Rhodes is saying someone on first video has height & body posture of Sam Andrews but can't say for sure.

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now showing another video.
Yeah, I believe that's Sam Andrews.
Now Geyer is claiming Andrews is amid a large crowd about to break through police lines on east front. Rhodes agrees it looks like him & his group.
Geyer's done.

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AUSA Rakoczy will do cross:
discussing founding of OKs.
you claimed ... in response to policies of bush administration? didn't found till april 2009?
right.
after Obama inaugurated?
right.
launched 4/19/09. you said that was to commemorate a moment in adams administration/
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right.
But that's not reason is it?
don't understand.
you chose because that's where shot heard round the world occurred that started american revolutoin?
no. ...
and you chose 4/19?
date heard round the world?
right.

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went on Alex Jones that day & admitted it was about commemorating shot heard round the world?
well, in part.
and on website you mentioned shot heard round the world & not thing involving adams administration?
possibly.

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Rakoczy showing website ad for the launch.
She's moving it into evidence.
painting across the top depicts battle at Lexington in april 1775.
Now showing video of him on Alex Jones show promoting launch of OKs. [hard to hear audio but he's talking about
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shot heard round the world. nothing about the event he mentioned on direct during the Adams administration.]
Rak: from outset OKs took tone of forcible opposition to govt?
no.
Rh: in 2014 sent OKs to nevada to assist cliven bundy to resist court order....
Rak: we sent them to
Rhodes: sent them to protect his family from being Waco'd. ...
Rak: gave them AR-15s. warned that if govt was going to enforce them ... you'd be there to resist.
Rhodes: we were there to protect family from being burned to death.
Rak: no fires at Waco ...

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that's what we feared.
Rakoczy now showing video of Rhodes at time ... [hard to hear audio again ... seems to be threatening to resist govt by force]
Rak: they also deployed OKs to mining towns in 2015-16. sent them with rifles?
yes.
Rak: like to have OKs who are

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former police.
yes. puts my people on front lines.
now talking about 2017 event in Berkeley.
you wanted them to bait the people didn't you?
no we focus on deterrence.

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now talking about a salon owner (Miss Luther) who opened in violation of covid order.
OKs went to protect her?
Rhodes claiming OKs didn't go until the court order had been lifted. He says they were to protect against arson.

Rak: in DC you aren't allowed to have active duty
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law enforcement involved in operations. (He could in TX.) establishing he's was annoyed by that.
Now talking about Ferguson (2014), and sending OKs to places of civil unrest.
Rak: violence broke out after Michael Brown shot ...
OKs took positions on roofs armed with rifles?
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correct.
Now showing photo of that.
Showing OK with rifle slung on chest, and less lethal shotgun behind his back.
Sheriff asked you not to do that? you didn't have proper licence?
that was sheriff's perspective but [he was wrong]

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Rak: tell me about insurance OK org has to do security?
Oh, organization? no. but some of us do.
Rak: law enforcement not finding your org helpful?
Rh: not true. local group in ferguson loved us.
Rak: deployed to Louisville in 2020. One national, one by local chapter

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Rak: went there to protect property?
and life.
Rak: that's the cover you need, right?
that's incorrect.
She's showing messages taken from his phone from CO OK chat. August 2020: "when it comes to cracking heads, if you articulate that you'll leave yourself exposed ...

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Rhodes: there has to be a legitimate reason.
Rak: there has to be a *stated* legitimate reason?
Rh: that's not what it say.
Reading from his message that talking about "cracking heads," that's what got the Proud Boys in trouble ...

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he wrote at time: "anyone who publicly announces that they are just going to confront antifa/blm are setting themselves up and can be easily prosecuted after the fact. ... you just killed your own self-defense line."
Now showing another exhibit about Louisville

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Video showing OKs in that parking lot in Louisville.
Shows Rhodes, NC lead Doug Smith, Michael Greene, Jessica Watkins, Montana Siniff.
Rhodes: we're getting our gear on to get ready to go protect gas station.
Rakoczy eliciting that crowd is saying 'fuck you, fuck you"...
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and many OKs have their guns out.
Now seeing Kelly Meggs. Guy in middle is Holden Haney (OK IL) with skeleton/american flag mask/gaiter. Haney has a rifle. Meggs has 2 AR magazines in his vest pouch.
Rak: doing more to inflame situation than help?
Rh: No.

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Someone on the video implores OKs to "just leave" saying they're doing more to inflame the situation than help.
2018, an OK was arrested in FL driving around in fake police car after curfew imposed?
Rh: they were not OKs.
Rak: volunteers dressed in OK gear?
Rh: can't ...

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recall.
Rakoczy quotes Tampa police officer criticizing their presence.

Rak: you tell OKs to wear helmet?
Rh: in case rocks & bottles.
Rak: use offensively as well?
Rh: can use to defend self.

/115
Now showing a tape of the 11/9/20 GoToMeeting:
Rhodes: ... when i was walking thru Portland i ... had my helmet. ... that was to whack someone right across the face if they're going to come at me.

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Rh: i was talking about how they could use C-cell flashlights and other things that were legal to carry.
Rak: batons too?
Rh: i chose not to bring mine. ... it's a gray area, & i love em, and I chose not to.
Rak: and you advised them to dress up like old people to bait

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Antifa?
not true.
Now showing receipt from store called Smoky Mountain Knife Works. Purchase he made on 11/19/20 on OK credit card.
3 cold steel heavy duty canes or walking sticks
5 cold steel pistol grips.

/118
Now showing what those pistol grips look like.
Rak: And you told Zimmerman that you wanted OKs to dress up as vulernable and try to bait Antifa into attacking?
Rh: He misunderstood.
Rak: also told Josh James that?
Rh: no.

/119
Now discussing NC OK Randy Earp. his group went to Louisville. Rhodes exchanged messages with Earp.
9/26/20 message after a Louisville op.
Earp: did Doug do well with you? ...
Rhodes: very satisfied. ...
Earp: ... [anything you want to tell Doug?]
Rh:

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Rh: Doug did very well on QRF with me last night. ... at end of night had an incident at end of night ... [some sort of confrontation ... ]
... approached drunk black guy ... Doug pointed rifle at him. approached him in his truck as if a traffic stop. ... it was diffused.
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Rak: 3 days after election he met with NC leaders, including Doug. Rhodes bought rifle, then came to DC.
now 11/7/20: Rhodes to Friends of Stone Signal chat:
... what's the plan ... i'm on the way to DC now ... to do leader's recon and make plans.
Rh: Stone, ali alexander
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Rak: Tarrio?
Rh: don't know if he was on that chat at that time.

Going to take our lunch break now till 1:30pm.
Judge speaking about the recently disclosed information relating to alleged attempts to bait Antifa is Vancouver or Portland. Rakoczy says gist of it

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was previously disclosed to defense counsel in another form. Mehta seems satisfied.
Everyone breaking till 1:30pm

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By the way, there was a line earlier I couldn't get. When Rhodes was saying he opposed the whole idea of entering the Capitol and that Meggs had gone "off mission" when he did so, he said something to the effect that he would never have wanted to ...

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get involved with that whole TK Foxtrot Trump crowd. @alanfeuer explains to me that he was saying "Charlie" Foxtrot, i.e., "CF," i.e., "clusterf*ck." Wonder if the jury understood.

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The theme of Rakoczy's cross so far seems to be that Rhodes uses various noble, high-minded sounded narratives as "legal cover" to justify fundamentally lawless thuggery. She's argued that in 2014 he was helping Cliven Bundy resist a court order with force; ...

/127
that while he claims to want to protect people from Antifa, he told OKs in Nov 2020 (per OK John Zimmerman, who testified earlier) to dress like the elderly or women in order to "bait" an Antifa attack so he could given them a "beat-down"; and it sounds like

/128
she wants to elicit another instance of alleged "baiting" of Antifa relating to actions he took in Vancouver or Portland; and she's also shown that while he says the OKs help police, several police forces have asked him to leave saying they inflame matters &

/128
make them worse. The obvious ultimate example she's building to is the govt's claim that all his talk about the Insurrection Act itself was just another "legal cover," because he planned to try to stop Biden from taking power by force regardless of what Trump did.

/129
Judge Mehta back on bench.
Rhodes back on stand.

/130
Short sidebar of which even Rhodes was a part.
Waiting for jury.

/131
Jury seated.
AUSA Kathryn Rakoczy resumes cross.
fall of 2020, OKs contemplated operation in Vancouver/Washington area.
Rh: memorial service for person shot by Antifa?
Rak: member of patriot movement killed in Portland.
Rh: assassinated on street.
Rak: many people upset.
/132
Rh: discussion about whether to have memorial service at location of his assassination. ... decided not to.
Rak: discussed going on Alex Jones show to let everyone know you were going to go? Plan to announce you'd be in Vancouver Washington? Plan was so you could

/133
have your weapons and bait antifa and have them come across the line and ambush them?
that is not correct.
Rak: you say you're not in it for money. but you draw salary. last 12 years or so you use OK money to pay for your dinners & travel?
yes.
Rak: & firearms?
yes.

/134
Rak: use OK credit card for personal expenses quite a bit?
Rh: wouldn't say that. full time job.
Rak: one board member resigned over your use of OK funds?
Rh: fair to say.
Rak: fair to say you did not file income taxes from 2008-2020?
Sidebar.

/135
She moves on period after presidential election.
Rak: you urged your followers to resist the result?
Rh: correct
Rak: you opposed biden as president?
Rh: yes.
Rak: you referred to biden/kamala as chicom puppets? so it's not just process, it's result?
Rh: it's both.

/136
Rh: my opposition came from the constitutional problems.
Rak: not the fact that they were ChiCom puppets?
Rh ...
Rak: you said SoRelle thought she saw election fraud?
Rh: yes.
Rak: what she actually saw was news crew bringing in equipment?
Rh: that's what news media said.
/137
now showing 11/7/20 Rhodes to Old Leadershp Chat:
"answer must be to refuse to accept ... these imposters ... get your gear squared away and ready to fight."
another 11/7/20: to friends of stone chat
"the final defense is us and our rifles."

/138
"trump has one last chance right now to act ... but he will need us and our rifles too. but will he act? only if we act and call on him to lead us."

In that message Rhodes links to a video from a Serbian friend about overthrowing Serbian govt.

/139
Not showing Rhodes

/140 Image
Image
talks about swarming streets ... culminating here, with storming of parliament. ...

/142 Image
Rh: i only meant this in the future context, not with respect to before inauguration.
Rak: you say: "it has to happen NOW."
Rh: that's not what i meant.

Now playing an audio tape of Rhodes' GoToMeeting of 11/9/20: ... let's make no illusion ... in same spot that

/143
foundingn fatehers were in in March 1775. ... nothing left to do but fight. ...
Rh: right, but on condition trump invokes insurrection act.
Rak: later you said they need to be prepared to fight regardless of what trump did?
Rh: later, yes. ...

/144
Now talking about QRF for 11/14/20 event.
Rh: purpose was to defend against a benghazi style attack on white house.
Rak: you thought secret service couldn't manage?
Rh: He had had to go the basement earlier.

now talking about 12/12/20 Jericho event. there...

/145
you implored trump to invoke insurrection act?
Rh: yes to do mass declassification and data jump.
Rak: president doesn't need insurrection act to declassify docs, does he?
Rh: no, but needed to use it to use national guard and unorganized data to help seize the data.

/146
Rak: was this the data that was going to expose CIA & NSA officials as pedophiles?
Rh: that and other things.
Rak: isn't what you really wanted him to do is call you all up as private bodyguards?
Rh: no. ... down the road we'd have no choice but to fight. if you leave office
/147
without fixing this.

12/14/20 electoral college meets, makes biden winner?
Rh: yes, unconstitutionally, yes.
Rak: you wrote, Trump has one more opportunity to act, must invoke insurrection act.
Rh: 12/14 wasn't big priority in my mind.
Rak: that's why you post this ...

/148
talking about bloody civil war & revolution?
Rh: ...
Rak: you're talking about a call to arms to help keep Trump in power.
Rh: wouldn't want to characterize it like that.
Now showing open letter 12/14

/149
Cover photo is Washington leading troops into battle.
Rak: you wanted trump to use troops to keep him in power?
Rh: wanted him to declassify data.

now reading: imploring Trump to invoke insurrection act to "stop the steal and stop the coup"
now second open letter of 12/23
/150
calls on Trump: "immediately order ... national guard to order new election ... do not conceded ..."
Rh: i'm referring to state officials certifying unc'l results.
Rak: throw out election and hold new one?
Rh: well supreme court hadn't heard case challenging c'lity.

/151
Rak: so it got all the way to SCOTUS and declined to take the case?
Rh: yes, illegitimately.
Rak: and you said SCOTUS should be declared illegitimate?
Rh: no, well, can't remember, what did i say?

/152
In the 12/23 open letter he tells Trump to declare that ruling because 7 of the 9 justices refused to hear the case illegitimately. ...

Rak: A lawsuit had been filed? highest court didn't take case. so legal challenges had been exhausted?
Rh: yes, but supreme court did not
/153
do it's duty.
Rak: says you.
Rh: says a lot of people. ...
i think trump had a responsibility to defend constitution when others failing to do so.
Rak: what's to prevent every president in future from invoking Insurrection Act throwing out result & delcaring new election?

/154
that's the problem when you're in an uncharted election.
Rak: insurrection action has never been used to throw out an election has it?
Rh: we've never had an election like this one.
Rak: you knew J6 was hard constitutional line?
Rh: yes. i supported challenges but didn't

/155
hold much faith in them.
Rakoczy showing Rhodes message of 12/15/20 to Friends of Stone:
president must do it now before J6 ... tragic mistake to wait for J6 or after. Congress will stab him in the back.
Believe can't trust Mcconnell?
yes.

/156
you can't because his wife in Chinese?
Rh: in part, yes. ... i think she has ties to communist party in china.
Rak: and her husband Sen. McConnell too?
Rh: yes.

Rak: you knew either Trump would have to invoke insurrection act or you & your followers would have to act?

/157
not correct.

showing message from Rhodes 12/10/20: either trump will invoke Insurreection Act ... or we will have to rise up to oppose the chicom puppet.
Rak: so civil war would be on J21 and not J6?
Rh: not necessarily.

/158
Now showing message from Rhodes to SoRelle on 12/29: ... "i'll turn my attention to what comes after Trump fails to do his duty. ... i think an open letter to the current serving US military is needed ... [about J6] they won't fear us till we come with rifles in hand."

/159
Now showing Rhodes a video of his interview with FBI Agent Palian.
Rh: i did not know this was video'd.
Rak: it's a body-worn camera.
Sidebar.
playing video.
[hard to hear audio]
"by january we knew there would be zero percent chance he'd invoke insurrection act."

/160
she's now reading more of his messages: "be ready to roll any way we are needed, get your gear squared away."
now 12/21 to OKFL Hangout: "need to push trump to do his duty. if he doesn't, we will do ours ... conquer or die. this needs to be our attitude."
Rh: that would be

/161
post J6.

& more of his messages:
12/31/20 rhodes: on the 6th they'll put final nail in coffin of this republic unless we fight our way out. with trump, preferably, or without him. we have no choice.

/162
Rak: so you came to VA prepared to fight?
Rh: no. well, we had a qrf.
Rak: you personally brought 100s of rounds. You paid $17,000 for gun-related materials?
Rh: yes.
Rak: organized a QRF?
Rh: didn't have a vehicle. ... I knew Meggs had gotten 2 hotel rooms

/163
did not know there was anyone sitting on them.
Rak: this was planned within plane sight of you.
Rh: I didn't know about Stamey & Caldwell's side chats.
Showing him J2 message from Meggs to Rhodes: "last night we discussed QRF RP."
Rhodes respondes: OK. we WILL have a QRF. ..
/164
the situation calls for it."

now showing him another message from Meggs to him saying "we have the overlay of maps and Lincoln is the RP if SHTF." Rhodes responds, "cool. ... I'll reimburse you."

Now showing him message from Meggs to DC OP Jan 6 21 ...
/165
On J2 Meggs is talking about the QRF on that.
... Meggs says: 1 if by land (north side of Lincoln memorial) 2 if by sea (c'o of west basin) ... QRF Rally Points. water if the bridges get closed.
Rh: i saw them but i didn't really know why he was posting these. wasn't my op.
/166
Rak: buck stops with you in the operation?
Rh: i'm not in charge when they do something off mission.
Rak: you're OK chairman of board for life?
right.
Rak: Command structure carried over into operations?
Rh: no, that's not right.

/167
Now showing Rhodes message of 12/30 to DC Op Jan 6 21:
"prefer that cohesive teams under under the immediate leadership of their [team] leader but ... of course under my overall command."

Rak: "overall command" would be yours.
Rh: only step in if i see a major problem.

/168
Rhodes brings up "commander's intent."
Rak: so you were familiar with concept of commander's intent?
Rh: yes. selected greene & siekerman. we were there to protect latinos for trump, escort ali alexander, general escort duties ... etc.

/169
Now showing message Rhodes sent 12/25 to OKFL Hangout:
trump needs to know we support him in using insurrection act. ... if congress rubber stamps an unconstitutional fraud, president trump must ddefend the constitution and we use him to use the insurrection act ...

/170
we will support him ... and he needs to know if he fails to act then we will. he needs to understand that we will have no choice."
Rh: yes, but that's post J6.
Rak: but you don't say that do you?
Rh: a few slides earlier. ... [but it's not there either, Rakoczy shows.]

/171
Rak: on J6, you told followers VP had "punked out"?
Rh: ummmm, i don't remember. [Rhodes has begun to say "ummmm" frequently to start his answers.]

Now talking about QRFs again.

/172
Rak: when you were interviewed by FBI agent Palian on 5/3/2 you told him you had no knowledge of the QRFs?
Rh: that's the problem with that term, it means so many different things to different people.
Rak: perhaps it would help to play the video. ...

/173
[again, I can't make out the audio.]
Rak: You tried to say you weren't privy to the plans of the NC guys.
Rh: yes.
Rak: but you added the NC guys to the DC Op Jan 6 21 chat right?
...
Rh: i knew about vallejo.
Rak: but you didn't tell Palian about him either right?

/174
Going to take an afternoon break till 3:30pm

/175
[I don't know what's coming through from reading the cold disjointed record of my tweets, and of course I'm just one person. But to me this is very very powerful cross by Rakoczy. The word "demolish" comes to mind. ...

/176
... When you're down to arguing that your civil war wasn't supposed to start until January 21, as opposed to starting Jan. 6, I think you're on the defensive. Also, he basically said that he distrusted Sen. McConnell because his wife is Chinese. That sort of blows ...

/177
a hole in the claim--which he went out of his way to raise--that he has no racism. He tried to recover by saying she had ties to the Chinese Communist Party, but as a cabinet official under multiple administrations it's a stretch. Rakoczy also effectively had him admit

/178
that no president in history had ever used the Insurrection Act to nullify an election & keep himself in power and that, if a president could do so, any president could use it to nullify all the laws & constitutional provisions governing transition of presidential power.

/179
Judge Mehta's back.
Rhodes back on stand.
Awaiting jury. (Here, by the way, is a sample message Rakoczy showed him. His response to these is, basically, to say the revolution wasn't supposed to begin J6; not until after J20.)

/180 Image
Jury back.
AUSA Rakoczy continues cross.
Turning to J6.
At 1:45pm Greene called him at said they're storming the Capitol.
Rh: i said who? he said Trump supporters. then went to meet him.
Rak: saw there was no event going to take place ... & walked into restricted area.

/181
Rh: iiii--i didn't know it was restricted. there were no barricades up.
Rak: didn't tell followers to stay away from capitol?
Rh: well, they were supposed to go to Capitol.
Rak: there was a riot going on, tho. & you didn't tell your people to stay away?
Rh: i told them

/182
if not on mission come meet me.
Rak: so you called them to the capitol.
... didn't condemn the attack? you praised it.
Rh: i said in historical context this was no worse than things that happened [during revolution]. i didn't know how many police had been hurt that day.
/183
1:25pm Rhodes wrote: Pence is doing nothing.
Rhodes: i believe times are incorrect. these are on hour too slow. ...
Rak: you knew from whip at 1:45pm that patriots had stormed the capitol.
Rh: storming the barricades, but not bldg yet.
Rak: after you knew capitol was ...

/184
attack you wrote "patriots are taking it into their hands."
Rh: yes, as 3d hand observer.
Rak: you'd been saying for months OKs would take matters into their own hand.
Rh: if trump didn't act.
Rak: then you said ... "next comes out lexington. it's coming."

/185 Image
Rak: so you encouraged people to come to Capitol?
Rh: no, not correct.
Rak: you thought it was a good idea to bring people to that situation? ...
at 2:26pm Rhodes reposted Greene's message to repost anyone not on message to come to see him on Capitol grounds.

/186
Rakoczy is now showing a compilation exhibit that tracks the progress of the various OK groups converging on the Capitol on a map, with a timeline.
At 2:31 he received call from Greene. (Rhodes concedes these time stamps are correct.) Talked to him for 45 seconds, before he
/187
gets a call from Kelly Meggs. Rhodes picks up and merges call with Greene.
Rak: can't hear a word he says, but you merge him with Michael greene anyway?
Rh: [yes.]
Rak: now 2:32:18 to 2:33:48 sec. ...
Rak: for 90 seconds you're just saying, 'hello, hello, i can't hear you?'
Rh: yeah, but i could still hear greene.
Finally Meggs hangs up at 2:33pm. and two minutes later, about 2:35pm, Meggs leads stack 1 up the steps?
Rh: yes, but i found that out much later.

/189
Rak: and they breach the capitol at 2:39?
Rh: no, they walk in after others breach it. ...

now showing his message to the ops chat telling people to be very careful what they say & be mindful that people might be reading them.

now showing his message from 7:30pm J6

/190
praising what happened. ... "long day but day when patriots began to stand. stand now or kneel forever."

then went to Olive Garden. SoRelle, James, Vallejo were there. Landon Bentley. Joe Harrington. Todd Kandaris.

/191
Rak: James told you he went inside and you said good job?
Rh: No. ... he lied to me. ... didn't told him till they were in AL later ... showed me a video and didn't play any sound. ...
Rak: he yanked officers and told them to get out of his fucking capitol.
Rh: saw that

/192
for 1st time sitting here during this trial.

At Olive Garden sorelle got word FBI was starting to make arrests?
Rh: no ... state police going door to door looking for people who'd been in capitol.
Rak: you abruptly left?
Rh: no, maybe 5 in the morning.
Rak: you left at 1am
/193
Rh: well, maybe --
we heard VA state police going door to door looking for Trump supporters. ...
Rak: trump supporters who'd entered capitol.
Rh: not what we were told
Rak: rounding up trump supporters for no reason?
Rh: that's all we were told.

/194
Rak: you and SoRelle drove to gas station & met up with James? middle of the night?
Rh: whatever time it was.
Rak: greene there. ... guys from KY. you divide up all the firearms and ammunition?
Rh: ummmmmm, i don't think so. ... kellye wanted to go meet someone for ...

/195
some sort of election challenge. she asked me for my phone.
Rak: election challenge at 1am in the morning?
Rh: well, next day or something.
at 1:14am Rhodes was using Landon Bentley's phone?
Rh: uhhhhh, could be.
Landon sends message about "nice places to live in WV"

/196
Rak: you're doing that to secretly discuss rendez-vous spots?
Rh: uhhhhhhh, possibly. yeah [something about] secret squirrels.

at 12:30pm SoRelle says "emergency. need to go to TX. need assistance."
Rhodes: you still planning to go to Huntington WV. Call now. ...
/197
Rhodes: i have a car here. come here now. be a good girl and do as i say. or give me place to see you in TN.
SoRelle: i'll be in bristol in 2.5 hrs.
Rhodes: go there ... text whip ... tell him to go to austin.

Rak: you wanted him to protect you in TX?

/198
Rh. No, i don't need protection. i'm my own bodyguard.

Rakoczy elicits that he gets a burner phone and arranges to meet SoRelle in Bristol, TN.

Rh: i imagine we meet up, but it's been a long time.
Now on J8 at about 11:16am, SoRelle sends message: ALLCON FROM STEWART

/199
THIS IS STEWART ... DO NOT chatter ... anything you say can and will be used against you ... CLAM UP. DO NOT SAY A DAMN THING. ... still in the twilight before open conflict ... do not chat about OKs doing anything at capitol. do not discuss ... shut the f*ck up!

/200
don't write AARs. ... clam up. you all need to delete any of your comments regarding who did what.
Rh: that was not me. that was ms. sorelle. ... she got her phone back and started writing as if it was me.

Rak: you have some level of control over her?
Rh: we were dating

/201
Rak: you were having an intimate relationship?
Rh: do we have to get into kink? ...
outside the bedroom she was type A. inside the bedroom ... [different situation]
Rak: those messages encourage people to delete incriminating evidence from their phones?
Rh: yes. well, can i /202
see it again?

Rakoczy showing him again. Message accurately says that administrator at that time didn't have power to delete; the individuals had to do it themselves.
Rak: But SoRelle wasn't the administrator, you were.

Rakoczy establishing that Rhodes was disabarred

/203
by state of Montana in 2015.
sidebar
@Brandi_Buchman tells me Rhodes testified of SoRelle: "she's type A outside the bedroom, but inside the bedroom she switches to a sub." (Meaning "submissive," per Brandi.) This is relevant because Rakoczy is saying she wouldn't go ...

/204
... and tell people to delete phones if Rhodes hadn't told her to tell them that. She followed his instructions. He's saying that was true only in the bedroom.
Long sidebar (beginning with reference to his being disbarred in 2015) is still going on.

/205
Rakoczy: state of montana barred you in 2015 for failing to participate in the disciplinary process regarding 2 grievances filed against him.
Rh: i didn't know those existed. they sent them to a PO box. PO box signed for it. i didn't know.
Rak: after Bristol, TN he drove

/206
to AL.
Rak: and you asked Meggs to come to TX to help you even tho he'd gone inside.
Rh: he told me he'd helped people inside.
Rak: and you asked James to come & bring all available firearms?
Rh: no, just what he'd need.
Rak: you stockpiled firarms.
Rh: yes

/207
Rak: did one of store clerks get concerned because you had so much stuff?
Rh: ummmmmm, don't recall that.
Rak: J6 for you was just battle in ongoing war, right?
Rh: no. ... i said we were on eve of conflict. ... not immediate. ...

/208
Rak: you OKs were willing to take steps to alter or abolish this govt?
Rh: yes. i still hoped conflict could be avoided. but we have a govt that steps outside the Constitution it puts you in a bad place.
Rak: & you appointed yourself to take care of that?
Rh: no, ...

/209
[constitution says that? or declaration of independence? not sure what he said.]
Now playing Stewert Rhodes statement to Albers on J10: "my only regret [about J6] is they should have brought rifles ...

/210
if he's gonna just let himself be removed illegally, then we should have brought rifles. We could have fixed it right then ... and hanged pelosi by a streetlamp.
Rakoczy's done.

Linder is doing redirect:
Now he's discussing the bundy ranch. ...
Rhodes says he was there to /211
defend his family only.

Linder's now eliciting violence that allegedly occurred at Berkeley before OKs arrived to restore order.
Linder's eliciting that from 2009 to J6, OKs never cited for violence or force in 100s of events. Rhodes says he forgot about incident with

/212
Doug Smith and the drunk man in Louisville. Only instance of impropriety he knows of.

Rhodes explaining you always have to have a righteous mission. a lawful mission. OKs did that consistently for 13 years.
In Louisville, protected a gas station, two pawn shops...

/213
Rh: we were successful. ... we all remained calm. ...

Rhodes wants to clarify something about the receipt Rakoczy showed him for 2 steel canes and 3 steel pistol grips. He's saying it was only 1 of each. He wasn't going to overthrow govt with 2 sticks, Linder elicits.

/214
These were purchased for us to have in environments that didn't allow guns. Usually Rhodes carries heavy flashlights. Wanted something between lethal force and empty hands.

Linder now showing photo of mayor of Houston, who is black, with his arm around Rhodes ...

/215
after Hurricane Harvey, presumably grateful for their work there.

Now post-election up to J6, Linder acknowledges there were lots of signal messages about invoking Insurrection Act. also some that talk about fighting our way out, Linder acknowledges ...

/216
have you had to fight your way out?
Rh: not yet.
L: it's just bombastic language?
Rh: yes.
L: if college football coach says we should kill the other team, does he mean it literally?
Rh: no.

/217
Rh: my state of mind is that everything i was advocating Trump do would have been lawful.
Linder talking about call between Meggs & Greene & Rhodes--having Rhodes reiterate he couldn't hear, couldn't get through to meggs.
Reiterates that Meggs didn't receive some

/218
texts Rhodes sent for hours.
Mehta asks for sidebar. (Almost certainly about when's a good time to break for the day.)
Linder now eliciting that there was no plan to go into Capitol, and Rhodes didn't order anyone to go in.
Linder's done. Rhodes is done.

/219
Jury is excused for the day.
Bright (for Rhodes) is telling Judge Mehta that they've got 5 more witnesses. 4 are available tomorrow. He thinks they'll finish Rhodes' case by Wednesday afternoon. Meggs says he wants to call 13 witnesses (!)
Today's done. See you tomorrow!
/220

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I’m going to unpack here what I was getting at hastily last night. Jack Smith is trying to force Judge Cannon to stop Trump’s dangerous lies about the FBI—facilitated by def attys—by shoving in her ear her past orders targeting the govt. ...
1/10
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... Yesterday’s motion seeks, in effect, a limited gag order to halt Trump’s recent slanders accusing the FBI of having “authorized” & been “itching” to kill him during its Mar-a-Lago search. In reality, FBI went out of its way to ensure Trump’s absence during search ...
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... Trump’s lies here stem from standard language in federal warrants that *restricts* the use of force to where an agent has a reasonable belief that someone poses “imminent danger of death or serious physical injury.” ...
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