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The Trump Riot Aftermath (Oath Keepers founder Stewart Rhodes found guilty of seditious conspiracy. Proud Boys join the club)


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Capitol rioter asks judge to let him use dating apps while he awaits trial

 

A New York man asked a federal judge on Christmas to allow him to use dating apps while he awaits trial on multiple felony charges for his role in the January 6 Capitol riot.

 

The attorney for Thomas Sibick filed a motion on Saturday asking U.S. District Judge Amy B. Jackson to modify her release conditions for Sibick, who is currently on home incarceration at his parents’ residence in Buffalo, New York.

 

Sibick is one of multiple rioters now under indictment for the brutal assault on D.C. Police Officer Michael Fanone. While others were beating Fanone, repeatedly tasing him and threatening to kill him with his own gun, federal prosecutors say, Sibick took the opportunity to rob him of his badge and radio. Fanone’s badge was later recovered from the spot in Sibick’s back yard where he buried it after returning from D.C. Fanone told WUSA last week he had decided to leave the department and join CNN as an on-air law enforcement analyst.

 

Sibick was arrested in March and originally ordered held without bond while he awaits trial, but in October, Jackson granted him pretrial release over concerns that the “toxic” conditions in the D.C. Jail were likely to contribute to his further radicalization. Sibick’s attorney, Stephen Brennwald, told Jackson his client had requested to be held in solitary confinement as a way of escaping the “cult-like” group of January 6 defendants being held at the jail’s Correctional Treatment Facility. Jackson ordered Sibick released to the custody of his mother and father, Dr. Eugene Sibick, a former officer with the U.S. Navy who publicly criticized his son’s detention at the “Justice for J6” rally in September and has called him a “political prisoner.”

 

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Trump suffers "a meltdown in Mar-a-Lago" as Jan. 6 probe closes in: report

 

Donald Trump's actions in the lead-up to the deadly Jan. 6 insurrection have been increasingly coming into focus, according to a reporter who has broken some major news about the congressional investigation.

 

The House select committee will open an investigation of a call Trump made to the Willard hotel, where his allies Steve Bannon, Rudy Giuliani and others were huddled in a "war room" as part of an effort to disrupt the certification of Joe Biden's election win, and Guardian reporter Hugo Lowell -- who first revealed that call -- told MSNBC's "Morning Joe" what that means for the probe.

 

"It's a pivotal moment the night of Jan. 5 and Jan. 6 when Trump picked up the phone call from the White House," Lowell said. "According to sources, he instructed his operatives the find ways to stop the certification from taking place at all at the joint session of Congress on Jan. 6. If you speak to Trump's allies, this is not a big deal -- he was just trying to find ways to delay certification and find another day, but I always thought this was a really disingenuous characterization because, either way, through action or inaction, he managed to get the certification stopped, and the Capitol was attacked and now it's going to loom large in the committee's investigation."

 

The twice-impeached one-term president has claimed executive privilege over hundreds of documents, and Lowell predicted the U.S. Supreme Court would decide in the spring whether Congress may see that evidence, and he agreed the committee would eventually take some action against Trump personally.

 

"It's increasingly becoming more likely because they are looking at criminal referrals for the former president," Lowell said. "They're still looking at Bannon and they're still looking at Giuliani and [John] Eastman. These are the guys at the Willard that Trump called up Jan. 5 and sought advice. There were multiple war rooms. There is one with Eastman, Giuliani and Bannon and there was a separate one is where people like [Michael] Flynn and Roger Stone and Alex Jones. There was, like, a massive operation happening at the Willard."

 

"This is going to bloom really pivotally in the investigation," he added. "But it's true, they are now focusing on the culpability of Trump himself and whether he directed the Willard to then direct the Capitol attack, and if there was some sort of ongoing conspiracy."

 

The select committee has been criticized for moving too slowly ahead of next year's midterm elections, but Lowell said they had already gathered substantial evidence despite Trump's efforts to stall the investigation."

 

"They're up against this deadline," he said. "It's a hard deadline, it's the end of this Congress at the latest because if Republicans retake the majority and this is the end of the committee, they're not going to want to reinstate committee. So they are up against this time limit, but they have amassed a real trove of evidence. They spoke to [Mark] Meadows, he ultimately decided not to cooperate, and he did provide a trove of documents and communication and text messages which we have only seen a sliver of, and those are already quite damming, and Trump is in a bit of a meltdown, from what we understand, down in Mar-A-Lago."

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On 12/20/2021 at 2:59 PM, Llevron said:


Does make you wonder what exactly he knows that made it politically expedient to say something like that in the first place though. He only does stuff like this if it can possibly benefit him. The only way I see that being the case is if he is trying to get out ahead of something. 

 

On 12/20/2021 at 6:14 PM, Llevron said:


I mean I feel you but that’s been the case for atleast a few months. Why now is my thing. I don’t think with Mitch I’m reading too much into it but who knows with these snakes. 

 

 

 

Makes you wonder if this tweet below has any connection to Mitch's flip-flop comments about the Jan 6 commission:

 

 

Edited by Califan007
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“James believed that Wood and Powell and Trump were highly educated sophisticated intellectuals,” Peebles wrote. “He couldn’t imagine they would spread false claims, particularly the president. James believed Trump was trying to defend the constitution.”

 

After listening to Wood and Powell’s claims, Bonet began to question the integrity of election results himself. But the pump for him to distrust the media and government had already been primed, Peebles said, by his disillusionment with federal dietary guidelines – specifically the food pyramid promoted for years by the U.S. Department of Agriculture.

 

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As the Jan. 6 attack anniversary nears, one Capitol officer fears a violent repeat

 

"This is how I'm going to die."

 

That's what U.S. Capitol Police Sgt. Aquilino Gonell thought on Jan. 6, 2021 as an angry mob stormed the Capitol and dragged him by the leg.

 

"I could feel myself losing oxygen and recall thinking to myself, 'This is how I'm going to die, trampled defending this entrance,'" he said last July before a House Select Committee investigating the riot that disrupted a joint session of Congress as it affirmed the results of the presidential election.

 

On that January day, Gonell was assigned to guard the west entrance to the Capitol, which he's described as a "medieval battleground".

 

Nearly a year later, the emigrant from the Dominican Republic still can't raise his left arm due to injuries he sustained during the attack, and the psychological wounds have also not healed for him or his family.

 

"They see me cry. They cry with me. They see me in pain. And they also cry because they can't do anything for me other than try to make me feel a little bit better," Gonell told NPR this week. "This whole year has been horrific."

 

Gonell returned to work 10 months after the insurrection –- in an administrative position because of his hurt shoulder. He's in therapy for his mental health, and as the one year anniversary of the riot approaches, he says what's on his mind is "anxiety".

 

"A lot of the officers have in mind the possibility of this being a recurring annual or every four year thing, which is why officers like myself are being outspoken about it, because we don't want to go through this again," Gonell said.

 

Nevertheless, he says he would, if it's required of him.

 

"It's mind boggling to hear some of the things that are coming from some of these elected officials. But at the end of the day, our job is to make them safe and make their work environment safer, regardless of our opinion or political affiliation," Gonell said.

 

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Well, I certainly hope they are.

 

Trump accuses Jan. 6 panel of "seeking evidence of criminal activity"

 

Former President Trump's legal team on Wednesday accused the House committee investigating the Capitol riot of seeking to uncover evidence that would support a criminal referral against him.

 

Why it matters: The brief asked the Supreme Court to consider committee chair Bennie Thompson's (D-Miss.) interview with the Washington Post as part of its effort to block the release of records to the committee, WashPost reported.

 

Catch up quick: Last week, Trump's lawyers asked the Supreme Court to block the release of documents and records from his administration, arguing that their release would undermine certain presidential special privileges.

 

In an interview published that same day, Thompson said the select committee was examining Trump's actions on Jan. 6 as it considers to recommend that the Justice Department open a criminal investigation into Trump.


What they're saying: The select committee is acting as “an inquisitorial tribunal seeking evidence of criminal activity,” Trump lawyer Jesse R. Binnall wrote in the brief, adding that such action is “outside of any of Congress’s legislative powers.”

 

“The Washington Post has confirmed what was already apparent — the Committee is indeed seeking any excuse to refer a political rival for criminal charges, and they are using this investigation to do so," Binnall added.


What to watch: The select committee is expected to file a response to the request to the Supreme Court on Thursday, per the Post.

 

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Former Vegas headliner claims he had ‘divine’ authority to participate in Capitol riot

 

We knew Delisco some time ago in Las Vegas, as a capable entertainer who won the befittingly titled TV show, “The Entertainer.”

 

That was in 2005, when Delisco headlined Shimmer Cabaret at Las Vegas Hilton as the champ of that competition.

 

The country now knows Delisco not in a showroom, but a courtroom in Washington, D.C. His full name is James Delisco Beeks, the Oath Keeper and Jan. 6 Capitol riot defendant who appeared in front of a judge Monday. The appearance was something of a showstopper for the guy who once held that nickname.

 

The hearing that took a dramatic turn after Beeks told the judge he had “divine” authority to participate in the Jan. 6 uprising. Beeks claimed the court had no jurisdiction over him, as he is part of the “Sovereign Citizen” movement, where followers do not believe they are required to abide by government institutions.

 

“That’s all gobbledygook,” Chief Judge Beryl Howell of the D.C. District Court reportedly told the defendant. “Mr. Beeks, you should be quiet unless spoken to.”

 

The judge seemed ready to send Beeks to jail, saying, “A defendant who rejects the jurisdiction of the court, rejects the rule of law.” It was only after Howell conferred with Beeks’ counsel that he allowed the performer to be released, while wearing a GPS monitor.

 

Beeks has been ordered to report to pretrial services in Florida, his home state, on Wednesday morning. Court documents show he attempted to break through a line of police officers guarding a hallway to the Senate chamber.

 

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Interesting read about the sentencing of some of the insurrectionists. Looks like the Proud Boys aren't so proud facing 17-21 years in jail. 

 

BROKEN WINDOWS POLICING AND JANUARY 6 PLEA DEALS

 

Before Proud Boy Matthew Greene entered into a cooperation plea deal yesterday — the January 6 investigation event that generated a lot of press attention — something else happened that helps to explain the Greene (and most other) pleas thus far.

In a status hearing for Kurt Peterson, AUSA Alison Prout described that the government had offered Peterson a plea deal that she wanted to put on the record. He could plead guilty, Prout explained, to one count of obstruction, which would give him a guidelines range of 41 to 51 months. That compares to the sentence he faces if he were to go to trial on the other 7 counts, including a destruction of government property count, which Prout claimed might be 210 to 262 months. Prout claimed there had even been a meeting in Louisville to discuss such a deal and explicitly acknowledged the plea would include cooperation.

Only after that did Peterson’s attorney, Laura Wyrosdick, ask that the hearing — which I had just tweeted out in real time — be sealed to hide the discussion of cooperation.

Whatever effect Prout’s comments will have on her ability to finalize a plea deal with Peterson, she has confirmed something I pointed out when Graydon Young pled guilty. The government is using the terrorism enhancement that can come with 18 USC 1361 charges for damage to government property to convince people to plead to the obstruction charges and gain their cooperation. And because Peterson broke a window while at the Capitol, such a deal will look preferable by comparison.

 

https://www.emptywheel.net/2021/12/23/broken-windows-policing-and-january-6-plea-deals/

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Federal judge rebuffs First Amendment argument from lawyers for Proud Boys in Jan. 6 case

 

A federal judge refused to dismiss an indictment charging four alleged leaders of the far-right Proud Boys with conspiring to attack the U.S. Capitol to stop Congress from certifying President Joe Biden’s electoral victory.

 

U.S. District Judge Timothy Kelly on Tuesday rejected defense attorneys’ arguments that the four men — Ethan Nordean, Joseph Biggs, Zachary Rehl and Charles Donohoe — are charged with conduct that is protected by the First Amendment right to free speech.

 

Kelly said the defendants had many nonviolent ways to express their opinions about the 2020 presidential election.

 

“Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests,” Kelly wrote in his 43-page ruling. “Moreover, even if the charged conduct had some expressive aspect, it lost whatever First Amendment protection it may have had.”

 

Nordean, Biggs, Rehl and Donohoe were indicted in March on charges including conspiracy and obstructing an official proceeding. All four of them remain jailed while they await a trial scheduled for May.

 

Defense lawyers also argued that the obstruction charge doesn’t apply to their clients’ cases because Congress’ certification of the Electoral College vote was not an “official proceeding.” Kelly disagreed.

 

Earlier this month, another judge in the District of Columbia’s federal court upheld prosecutors’ use of the same obstruction charge in a separate case against two riot defendants.

 

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Kind of building my previous post, things are definitely heating up for the insurrectionists. Looks like the DOJ took care of the lightest sentences first and are now pushing hard on the more serious offenders. **** about to get real for a lot of these traitors in 2022.

 

Prosecutors walloping MAGA rioters with 'novel' new legal charges

 

Followers of Donald Trump who thought they might get away with simple misdemeanor charges for invading the Capitol building during the Jan 6th insurrection are instead facing years in prison as prosecutors use a law passed in 2002 that was aimed at curbing financial crimes.

According to a report from the Wall Street Journal, as the courts move on to prosecuting some of the more complicated cases, accused rioters are being hit with charges of obstructing an “official proceeding," which carries a much stiffer penalty if they are found guilty.

As the Journal's Aruna Vizwanatha wrote, prosecutors were looking for a way to more strenuously punish the Capitol rioters who forced lawmakers from both sides of the aisle to flee for their lives and "left more than 100 police officers injured and caused millions of dollars in damage."

Over 150 of the rioters have already entered guilty pleas, many of them related to the misdemeanor crime of entering a restricted federal building, with an estimated 270 of the fans of the former president being slammed with a provision found in the 2002 Sarbanes-Oxley Act.

According to the report, "prosecutors searched for tools to elevate some of the cases beyond the misdemeanor charges often applied for unruly but far less momentous Capitol protests. They turned to a provision in the 2002 Sarbanes-Oxley Act, enacted after the accounting-fraud scandal and collapse of Enron, which imposes a potential 20-year sentence on those convicted of obstructing an 'official proceeding.' The measure expanded what counts as obstruction and closed loopholes used by people involved in the Enron fraud," the Journal is reporting.

 

https://www.rawstory.com/prosecutors-walloping-maga-rioters-with-novel-new-legal-charges/

 

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Former Aide: Trump is Getting ‘Terrible Advice’ with Decision to Hold Jan. 6 Presser

 

Donald Trump is receiving “terrible advice” as he draws attention to the anniversary of the Jan. 6 insurrection, a former top aide explained on CNN on New Year’s Eve.

 

CNN’s Kaitlan Collins asked Alyssa Farah Griffin, who served as Trump’s director of strategic communications, what role she expected Republicans to play.

 

“Well, it’s an interesting question because, keep in mind, the former president has also announced he’ll be hosting a press conference that day which, I think, if anything proves he’s still getting terrible advice from folks around him,” Griffin said. “This would be a wise day for him to stay silent, to let those who were victims on Capitol Hill talk about that very important and solemn day.”

 

“But I think instead you’ll hear a very sort of, you know, the tone from him that this was — reiterating the lies that the election was stolen, saying that those who are being tried for the insurrection are political prisoners,” she continued. “So it’s going to put Republicans on Capitol Hill in a very, a very tight position to be in. What side of this are they going to come down on?”

 

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30 minutes ago, EmirOfShmo said:

Kind of building my previous post, things are definitely heating up for the insurrectionists. Looks like the DOJ took care of the lightest sentences first and are now pushing hard on the more serious offenders. **** about to get real for a lot of these traitors in 2022.

 

Prosecutors walloping MAGA rioters with 'novel' new legal charges

 

Followers of Donald Trump who thought they might get away with simple misdemeanor charges for invading the Capitol building during the Jan 6th insurrection are instead facing years in prison as prosecutors use a law passed in 2002 that was aimed at curbing financial crimes.

According to a report from the Wall Street Journal, as the courts move on to prosecuting some of the more complicated cases, accused rioters are being hit with charges of obstructing an “official proceeding," which carries a much stiffer penalty if they are found guilty.

As the Journal's Aruna Vizwanatha wrote, prosecutors were looking for a way to more strenuously punish the Capitol rioters who forced lawmakers from both sides of the aisle to flee for their lives and "left more than 100 police officers injured and caused millions of dollars in damage."

Over 150 of the rioters have already entered guilty pleas, many of them related to the misdemeanor crime of entering a restricted federal building, with an estimated 270 of the fans of the former president being slammed with a provision found in the 2002 Sarbanes-Oxley Act.

According to the report, "prosecutors searched for tools to elevate some of the cases beyond the misdemeanor charges often applied for unruly but far less momentous Capitol protests. They turned to a provision in the 2002 Sarbanes-Oxley Act, enacted after the accounting-fraud scandal and collapse of Enron, which imposes a potential 20-year sentence on those convicted of obstructing an 'official proceeding.' The measure expanded what counts as obstruction and closed loopholes used by people involved in the Enron fraud," the Journal is reporting.

 

https://www.rawstory.com/prosecutors-walloping-maga-rioters-with-novel-new-legal-charges/

 

Seems like a stretch to me to leverage SOX here, but if works, great.

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Liz Cheney Calls Trump “Unfit for Future Office”

 

Rep. Liz Cheney, the top Republican on the House committee investigating the January 6 Capitol riot, said on Sunday that the findings of her committee have led her to believe that Donald Trump is “unfit for future office” and that if he were to win a future presidential election, it could destroy American democracy.

 

“We entrust the survival of our republic into the hands of the chief executive,” Cheney told ABC’s George Stephanopoulos on This Week. “And when a president refuses to tell the mob to stop, when he refuses to defend any of the coordinate branches of government, he cannot be trusted.”

 

On CBS’s Face the Nation, Cheney delivered a similar message about Trump. “This is a man who is simply too dangerous ever to play a role again in our democracy,” she said.

 

Cheney’s conclusions, she said, stemmed in part from the findings of her committee about Trump’s actions on January 6, 2021. She explained that her committee had testimony showing that while armed rioters invaded the US Capitol building, threatening violence in service of the conspiracy theory that the election was stolen, Trump sat in the dining room next to the Oval Office watching the riot on television. According to Cheney’s summary of testimony given to the January 6 committee, he initially ignored pleas from his staff, his daughter Ivanka, and House Republican Leader Kevin McCarthy that he issue a message to the insurrectionists asking them to stop.

 

 

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14 hours ago, China said:

Liz Cheney Calls Trump “Unfit for Future Office”

 

Rep. Liz Cheney, the top Republican on the House committee investigating the January 6 Capitol riot, said on Sunday that the findings of her committee have led her to believe that Donald Trump is “unfit for future office” and that if he were to win a future presidential election, it could destroy American democracy.

 

“We entrust the survival of our republic into the hands of the chief executive,” Cheney told ABC’s George Stephanopoulos on This Week. “And when a president refuses to tell the mob to stop, when he refuses to defend any of the coordinate branches of government, he cannot be trusted.”

 

On CBS’s Face the Nation, Cheney delivered a similar message about Trump. “This is a man who is simply too dangerous ever to play a role again in our democracy,” she said.

 

Cheney’s conclusions, she said, stemmed in part from the findings of her committee about Trump’s actions on January 6, 2021. She explained that her committee had testimony showing that while armed rioters invaded the US Capitol building, threatening violence in service of the conspiracy theory that the election was stolen, Trump sat in the dining room next to the Oval Office watching the riot on television. According to Cheney’s summary of testimony given to the January 6 committee, he initially ignored pleas from his staff, his daughter Ivanka, and House Republican Leader Kevin McCarthy that he issue a message to the insurrectionists asking them to stop.

 

 

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I agree that he should never be permitted to hold any other public office ever.

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19 minutes ago, LadySkinsFan said:

 

I agree that he should never be permitted to hold any other public office ever.

 

Respectfully call the court's attention to the US Constitution, Amendment 14, Section 3.  

Edited by Larry
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