I am going to have to find the actual indictment and read the whole thing. The Pundits and ex prosecutors are just freaking out about it. They are digging out all kinds of OH SHIT LOOK AT THIS!!!! details. But the general consensus is this is just the very tip of the iceberg.

 

'Let the games begin': Legal experts say new sedition charges prove a coup and insurrection on Jan. 6

Sarah K. Burris
January 13, 2022



Oath-Keepers via Facebook


In a major move Thursday, the Justice Department charged a member of the Oath Keepers and 10 others with seditious conspiracy. While many activists have called the Jan. 6 attack on the U.S. Capitol an example of a "coup" or sedition, this is the first time that the DOJ has officially acknowledged that the incident is legally an attack on the U.S. government.

It is a conspiracy because more than one person was coordinating together, as Los Angeles Times legal affairs columnist Harry Litman explained.

Harry Litman
@harrylitman
statute (§2384):"If two or more persons ...conspire to overthrow, put down, or to destroy by force the Government of the US, ...or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the US.."
11:52 AM · Jan 13, 2022



Treason compared with sedition and insurrection are very different, as Jeff Nilsson explained in the Saturday Evening Post.

"While sedition is organized incitement to rebellion or civil disorder against the state’s authority, insurrection involves actual acts of violence against the state or its officers," he wrote a few weeks after the Jan. 6 attack. "Sedition and insurrection are quite distinct from treason, which is a violation of a citizen’s allegiance to the U.S. by betrayal or aiding the country’s enemies."

"A fully armed, trained, and organized force prepared to overturn the government by force to help Donald Trump," is the specific phrase the indictment says. It's something Above The Law's Bradley Moss called

Bradley P. Moss
@BradMossEsq
This thing is terrifying to read. A fully armed, trained, and organized force prepared to overturn the government by force to help Donald Trump.

Ryan J. Reilly
@ryanjreilly
Replying to @ryanjreilly
Read the seditious conspiracy indictment here: https://huffpost.com/entry/stewart-rhodes-oath-keepers_n_61e06afde4b0a267028af185?ayo
12:04 PM · Jan 13, 2022

Speaking to MSNBC, former federal prosecutor Joyce White Vance explained that none of these charges would have been brought if they didn't have all of the details.

Additional legal experts like Marcy Wheeler noted Oath Keeper Stewart Rhodes led many other members of the militia to believe that an Insurrection Act would be declared after Jan. 6.

NBC News White House Correspondent Josh Lederman also noted that he doesn't foresee Rhodes trying to make a plea deal. It may not be an option on the table if the Justice Department isn't interested and especially if Rhodes has information on anyone at the White House or a member of Congress.

Wheeler encouraged the other 10 Oath Keepers to flip against Rhodes as soon as they can.


emptywheel
@emptywheel
·
Jan 13, 2022
Replying to @emptywheel
So very quickly, while I want for the printer, the people who've been charged with sedition were those who contributed weapons to the stash in VA. It appears they got one more person to flip. And they left the unarmed stack members on their own indictment.

emptywheel
@emptywheel
I I were a senior Proud Boy I'd run, don't walk, to flip now, while I could.
11:51 AM · Jan 13, 2022

The Nation's legal analyst Elie Mystel doesn't anticipate there would be a plea deal because he thinks Rhodes will try and milk it as much as he can.


https://www.rawstory.com/oath-keepers-sedition-indictment-legal/

 

Elie Mystal
@ElieNYC
This tweet aged like a racoon on a highway

11:58 AM · Jan 13, 2022

 

emptywheel
@emptywheel
Note that Stewart Rhodes had led multiple Oath Keepers to believe an insurrection act call was coming in the days AFTER Jan 6.

emptywheel.net
"its really difficult to determine whats real and what’s fake;" At Least Three Oath Keepers...
On January 10, Oath Keepers Joshua James and Kelly Meggs believed that Trump had invoked the Insurrection Act but was being prevented from releasing it publicly.
11:37 AM · Jan 13, 2022

 

Asha Rangappa
@AshaRangappa_
Finally. An indictment for seditious conspiracy, the closest crime we have to treason. Let the games begin.

National Security Division, U.S. Dept of Justice
@DOJNatSec
Leader of Oath Keepers and 10 Other Individuals Indicted in Federal Court for Seditious Conspiracy and Other Offenses Related to U.S. Capitol Breach Eight Others Facing Charges in Two Related Cases https://justice.gov/opa/pr/leader-o...dicted-federal-court-seditious-conspiracy-and
11:55 AM · Jan 13, 2022

 

Seditious conspiracy sounds expensive!

https://www.theguardian.com/us-news/2022/jan/13/oath-keepers-capitol-attack-us

Thinskin

 

Alan Rozenshtein
@ARozenshtein
The seditious conspiracy charge is a MASSIVE deal. Here are some past @lawfareblog posts about seditious conspiracy, to tide you over as we digest this indictment.

Zoe Tillman
@ZoeTillman
NOW: Stewart Rhodes, the leader of the Oath Keepers, has been indicted — counts against him and 10 others include seditious conspiracy, the first time we've seen that charge in connection with Jan. 6. More to come, here's the document: https://justice.gov/opa/press-release/file/1462481/download?utm_medium=email&utm_source=govdelivery

11:44 AM · Jan 13, 2022

 

Peter Strzok
@petestrzok
Does “seditious conspiracy” count? https://nytimes.com/2022/01/13/us/politics/oath-keepers-leader-arrested-in-jan-6-investigation.html

Brit Hume
@brithume
Here's a thought. Let's base our view on whether 1/6 was an "insurrection" on whether those arrested are charged with insurrection. So far, none has been. https://wsj.com/articles/capitol-riot-revolt-insurrection-jan-6-facts-uprising-11641869767
11:44 AM · Jan 13, 2022

 

Ryan Goodman
@rgoodlaw
·
Jan 13, 2022
Replying to @rgoodlaw
2. DC Complaint 12/14/21: "[P]rosecutors revealed that Rhodes, his deputy, and three additional members of Oath Keepers who acted as guards for the political consultant Roger Stone on January 6th exchanged 19 phone calls during the January 6th Attacks totaling over three hours."


Ryan Goodman
@rgoodlaw
3. @misstessowen reported in 2021 with photos: Oath Keepers who provided security for Roger Stone at rally on January 5 were "wearing 'All Access' passes on lanyards." https://vice.com/en/article/7k9mpd/roger-stone-used-the-oath-keepers-as-security-on-the-eve-of-the-capitol-riot


11:39 AM · Jan 13, 2022

 

Brad Heath
@bradheath
·
Jan 13, 2022Replying to @bradheath
DOJ has posted a copy of the indictment charging Oath Keepers leader Stewart Rhodes with seditious conspiracy: https://justice.gov/opa/press-release/file/1462481/download

Brad Heath
@bradheath
Prosecutors say two weeks before Jan. 6, Rhodes posted to an Oath Keepers chat that Congress would "screw" Trump: "The only chance we/he has is if we scare the shit out of them."

12:05 PM · Jan 13, 2022

 

Sorry. I didn't mean to bury your post. As you can see twitter is having a bit of a freak out over this and I want people to see what The Guardian has to say about it.

 

When the last key argument you have against calling this an insurrection ("No one has been charged with...") is finally dispelled, where does that leave you?

 

Oath Keepers indictment suggests Trump is ‘in broader view’ of DOJ’s Jan. 6 probe: MSNBC analyst

John Wright
January 13, 2022



Trump speaks at the "Stop the Steal" rally on Jan. 6. (Screenshot via YouTube.com)


MSNBC legal analyst Dan Goldman, who served as lead counsel in Donald Trump's first impeachment trial, has been critical of the Department of Justice for its apparent failure to investigate the former president and his asso in connection with the Capitol insurrection.

However, Goldman indicated Thursday that his view has changed slightly in the wake of the DOJ's indictment of Oath Keepers founder Stewart Rhodes and 10 others associated with the armed extremist group on charges of "seditious conspiracy." They are the first people to face charges of seditious conspiracy in connection with the insurrection.

Goldman, also a former federal prosecutor, called the charges "a bold statement" and noted that there are four cooperating witnesses in the case, which he called "a tremendous number."

"This is a charge that many of us legal experts and analysts who've been watching this have been wondering whether the Department of Justice would go this far," Goldman said. "It is a very, very serious charge. It is effectively a more moderate version of treason."



"So it is absolutely on the table now, and this conspiracy could expand," he added. "The obvious and open question here is whether this conspiracy involved anyone from the White House, the Trump campaign, all the way up to the president himself. We have no idea from this indictment. We have no idea whether others knew about all this pre-planning or effort post-Jan. 6th, but that is the big open question we're left with — who else may be looped into this conspiracy?"

Goldman was later asked by host Nicole Wallace if he's experienced any "softening" in his "exasperation" over the fact that it seems Trump and his associates are not under scrutiny by the DOJ.

"Do you think this changes any of that assessment?" Wallace said.

“I do think this is a demonstration that Donald Trump may be in the broader view, and now as we expand from Jan. 6, it is possible that they are starting to work up," Goldman responded.

"The difficulty in a criminal case is that you must prove that when Donald Trump says, 'Come to Washington, DC, on Jan. 6. It's going to be wild,' that he he knew these military groups would come and either try in some way to overturn the election or interfere with the counting of electoral votes, and that's the gap that's so hard to fill from an evidentiary standpoint. This is the difficult part to prove, and that's why these cooperators — who have likely given the prosecutors their encrypted messages, which is how the prosecutors get them — why getting cooperators is so important, because you need someone on the inside who has had the conversations and can say, 'Yeah, we were coordinating with the White House.' That's how you get beyond these militia groups."

Watch in two parts below.








https://www.rawstory.com/donald-trump-2656403672/

 

Well, about time.
They've had a year to sort this all out and finally, finally! They're getting down to the real charges.

Now, if they just get with Nancy's star chamber proceeding maybe we can stamp closed to this dark chapter of our history.

 

Can people really be so stupid and ignorant they do not know it is undoubtedly unethical and possibly illegal for Congress and the DOJ to cooperate on investigations. Congress can make criminal referrals if they believe their investigations have uncovered crimes but that's where it ends and the DOJ is supposed to operate independently. This is no longer Trump's shit hole country were the DOJ is used as a weapon against political rivals.

 

Brilliant.
So we can spend MILLIONS having the fbi/doj investigate a serious crime like a riot/insurrection involving over 800 people, but then start over and repeat the process with a political star chamber proceeding that after months has only managed to refer for charges people who refuse to cooperate.

You understand, don't you, stumbler, the different roles and limitations of congress and the legal branches?

 

Pigeon
Chess

 

Trump-loving Texas AG Ken Paxton illegally withheld Jan. 6 records and must release them: DA's Office

Texas Tribune
January 13, 2022



Ken Paxton's Facebook.


The Travis County (Texas) district attorney on Thursday found that Attorney General Ken Paxton violated the state's open records law by not turning over his communications from last January when he visited Washington, D.C., for a pro-Trump rally that preceded the Jan. 6, 2021, attack on the U.S. Capitol.

The district attorney's office gave Paxton four days to turn over the documents or face a lawsuit. The action was prompted by a Jan. 4, 2022, complaint by the top editors at five of the state's largest newspapers: the Austin American-Statesman, The Dallas Morning News, the Fort Worth Star-Telegram, the Houston Chronicle and the San Antonio Express-News. The journalists argued that Paxton was withholding communications from the days surrounding Paxton's trip to Washington last year that are subject to public release under the state's open records law.

The Texas Public Information Act grants the public the right to government records, even those kept on personal devices or on a public official's online accounts.

Jackie Wood, director of public integrity and complex crimes at the Travis County District Attorney's Office, agreed with the journalists and hand-delivered her ruling in a letter to Paxton's office on Thursday. The letter said Paxton's office had broken Texas open records laws by withholding or failing to keep communications that would be releasable under the law.

Paxton did not immediately respond to requests for comment late Thursday night by phone and email.

Paxton led a failed attempt to overturn the 2020 presidential election, joining with other GOP attorneys general in a lawsuit seeking to invalidate swing state victories by Democrat Joe Biden. He and his wife, state Sen. Angela Paxton, R-McKinney, appeared at a pro-Trump rally on Jan. 6. Members of the crowd, stirred up by false claims of voter fraud, later stormed the Capitol, fought with riot police and threatened lawmakers as they disrupted Congress' certification of Biden's win over former President Donald Trump.

Normally, the Texas attorney general's office enforces the state open records law. But when an open records complaint is filed against a state agency, the law says the Travis County district attorney or the attorney general must handle them.

In this case, the newspapers went to Travis County District Attorney José Garza, a Democrat. Paxton is a Republican.

The complaints stem from decisions by Paxton's office to claim attorney-client privilege to prevent the disclosure of every single email and text sent by the attorney general in the days surrounding the attack on the U.S. Capitol on Jan. 6, 2021.

Separately, the U.S. House committee investigating the events of Jan. 6 requested communications between Trump and Paxton in August. That request was part of a series of letters seeking materials from the National Archives and Records Administration, the FBI, the Department of Homeland Security and other executive agencies.

In their complaint to the Travis County district attorney, the newspaper editors said Paxton was failing to retain and turn over government communications that he had made on his personal cellphone. They also complained that Paxton was turning over other people's communications in response to requests for his text messages.

The determination by the Travis County district attorney adds to Paxton's political woes. The two-term Republican is seeking reelection this year but is facing stiff competition from three other GOP challengers: Land Commissioner George P. Bush, former Texas Supreme Court Justice Eva Guzman and U.S. Rep. Louie Gohmert.

The three have blasted the incumbent for multiple legal issues he is facing, including a six-year-old securities fraud case that has dogged him since his first year in office. He overcame that to win reelection in 2018. But in October 2020, eight of his former top deputies accused him of bribery and misuse of office. Weeks later, all eight deputies had either been fired or resigned from the attorney general's office.

Four of those whistleblowers are now suing Paxton under the state's whistleblower law. They are seeking compensation for lost wages and other damages, and some are seeking reinstatement to their former positions.

Paxton is also reportedly under FBI investigation for the allegations registered by the whistleblowers.

He has denied wrongdoing in all of these cases.

https://www.rawstory.com/donald-trump-2656404671/

 

Mo trouble for Mo!



Thinskin

 

One of the things most rats say is I'm not a rat.

Infamous ‘Stop the Steal’ organizer may avoid jail time due to cooperation with feds

John Wright
January 13, 2022





Brandon Straka spoke at a "Stop the Steal" rally in Washington on Jan. 5. (Department of Justice)
"Stop the Steal" organizer and MAGA rioter Brandon Straka is continuing to cooperate with federal prosecutors — and may avoid jail time as a result.

In a sentencing memo filed Thursday, prosecutors recommended four months of home confinement for Straka, who pleaded guilty in October to one misdemeanor count of disorderly conduct in a Capitol building.

As part of his plea agreement, Straka agreed to share his private social media messages with federal investigators.

Last month, prosecutors said Straka had over turned information that "may impact the government's sentencing recommendation" — an indication he was cooperating in a substantive way.

In its sentencing memo, prosecutors said Straka met again with federal prosecutors on Jan. 5 and was "cooperative."



In a recent email to his pro-Trump supporters, Straka appeared to try to dismiss headlines about his cooperation with the feds.

"As we get close to the finish line with much of this, a coordinated effort has been made by the media to create a ridiculous story that is trying to make me sound untrustworthy to a conservative audience," Straka wrote on Dec. 31. "I’m not going to lie- I worried about it for several days. I wondered if my people would fall for their bullsh*t. With the exception of about 5 people, literally nobody did. Everybody has had the same response, 'We know what they‘re trying to do. It isn’t working. Don’t worry, Brandon. Just get through this- we’re all waiting for you on the other side.'"

Straka has also been selling T-shirts featuring his image along with the phrase "Let's Go Brandon," which is a right-wing meme meaning "F*ck Joe Biden."

Straka is one of two speakers from "Stop the Steal" rallies who've also been charged in the subsequent insurrection, along with InfoWars broadcaster Owen Shroyer.

Straka's name has also come up in a House Select Committee's investigation of the Capitol insurrection. He was included on a list of pro-Trump figures sent to the National Archives, seeking records from the Trump White House.

Straka is a self-described "former liberal" who founded the #WalkAway movement during the 2018 midterms.

Shortly after the riot, Straka said he was "completely confused" by conservative claims that antifa was responsible for the violence.

"It was not Antifa at the Capitol," he wrote on Twitter. "It was freedom loving Patriots who were DESPERATE to fight for the final hope of our Republic because literally nobody cares about them. Everyone else can denounce them. I will not."

In addition to four months of home confinement, prosecutors are recommending three years of probation and a minimum of 60 hours of community service for Straka.

His sentencing is scheduled for Jan. 20, the anniversary of president Joe Biden's inauguration.

https://www.rawstory.com/brandon-straka-2656403988/