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To: scion who wrote (12656)2/20/2021 6:02:21 AM
From: scion  Respond to of 12881
 
Justice Dept. Confronts Increasingly Complex Capitol Riot Inquiry

Additional prosecutors and agents around the country have been assigned to the investigation as officials try to manage it and stave off a backlog in the courts.


By Katie Benner
Feb. 19, 2021
nytimes.com

WASHINGTON — Justice Department officials are adding prosecutors and agents to their sprawling investigation into the Jan. 6 assault on the Capitol as it moves into a more complicated phase and they strategize about how to handle the large caseload, including trying to stave off a potential backlog in the courts, according to law enforcement officials.

Their effort to charge more complex cases was evident on Friday when prosecutors secured an indictment expanding an existing conspiracy case against the right-wing militia group the Oath Keepers, accusing six more suspected members of the group of organizing a military-style attack on the Capitol to help President Donald. J. Trump overturn the 2020 election results and remain in power.


The investigation has already resulted in charges against more than 230 people and in scores of subpoenas. More than a dozen federal prosecutors from around the country have been assigned to work with the U.S. attorney’s office in Washington, which is leading the investigation, and it could lead to 400 to 500 criminal cases in total, according to a law enforcement official.

Michael R. Sherwin, the acting U.S. attorney in Washington who has been overseeing the inquiry, will soon step down from his appointed post. But officials are planning to keep him on to continue to oversee the investigation from Justice Department headquarters, according to people familiar with the leadership discussions.

The F.B.I.’s Washington Field Office, which moved quickly in the days after the attack to handle a voluminous amount of tips, digital clues and interviews, will see more of that work farmed out to field offices around the country. The bureau’s Domestic Terrorism Operations Section, which has long overseen the investigation from F.B.I. headquarters, will coordinate that work.

In the weeks immediately after the siege on Congress, the speed of the F.B.I.’s investigation provided a glimmer of hope that the rioters would be held accountable, as the government grappled with security failures that allowed the pro-Trump mob to breach one of the most fortified buildings in one of the most secure cities in the nation.

But the investigation has now hit an inflection point, where the easy cases have mostly been made and more complex ones loom.


Mr. Sherwin signaled the shift last month at a news conference, saying the pace of arrests would plateau as prosecutors focused on building “the more complicated conspiracy cases related to possible coordination among militia groups.”

Now federal prosecutors are discussing obtaining guilty pleas from defendants and trying to secure suspects’ cooperation, according to a law enforcement official.

Major criminal investigations often depend on intelligence from informants and cooperating witnesses, current and former prosecutors say. But the riot investigation, which has been highly unusual in many respects, has resulted in hundreds of charges with little cooperation from people involved and has instead been based almost entirely on evidence gathered from social media and tips from family members and acquaintances.

To file more serious charges accusing suspects of organized plots to overturn the election, the government may need the cooperation of those already swept up by the F.B.I. who might want a lesser sentence.

“Cooperators are the de facto experts on a crime because they’re on the inside of a conspiracy,” said Glenn Kirschner, a former prosecutor in Washington who focused on homicide and racketeering cases. “They can bring direct evidence to the jury about who was playing what role inside; what the hierarchy was; and what the structure was inside the organization.”


The Justice Department first charged members of the Oath Keepers last month with plotting to go to Washington to breach the Capitol, its first major conspiracy case, without cooperation. In the original charges, prosecutors noted that three members of the group could be seen in widely circulated videos dressed in paramilitary gear and moving in coordinated fashion through the chaotic mob.

On Friday, the department charged six more people in the plot, including Kelly Meggs, the self-described leader of the organization’s Florida chapter who, according to the indictment, wrote on Facebook, “Gentlemen we are heading to DC.” Another Florida Oath Keeper, Graydon Young, arranged firearm and combat training for himself and others, according to the indictment.

Members of the Oath Keepers who have been charged with conspiracy have so far shown no public sign that they would be willing to cooperate. One, Thomas E. Caldwell, has vowed to fight those charges in court.

But that may shift. This week, Dominic Pezzola, a member of the right-wing extremist nationalist group the Proud Boys, indicated in a court filing that he would be willing to plead guilty and “make amends.”

Should the Justice Department be able to obtain guilty pleas, that could ease the pressure on Washington’s federal courts, which halted nearly all trials in response to the coronavirus pandemic and faces a yearlong backlog.


Chief Judge Beryl A. Howell of the Federal District Court in Washington, who early in her career worked on Capitol Hill as an aide to Senator Patrick J. Leahy, Democrat of Vermont, has made no effort to hide her disdain for some of the Capitol case suspects.

“What happened on that day is criminal conduct that is destined to go down in the history books of this country,” she said during a proceeding in the case of Richard “Bigo” Barnett, who was seen in photographs with his feet propped up on a desk in the office of Speaker Nancy Pelosi. He pleaded not guilty to charges that he unlawfully entered the Capitol with a dangerous weapon, a walking stick used as a stun gun.

Judge Howell said that the charges failed to “properly capture the scope of what Mr. Barnett is accused of doing here,” and she said that residents were “still living here in Washington, D.C., with the consequences of the violence that this defendant is alleged to have participated in.”


Judge Howell also told The National Law Journal that “there is no question that in criminal cases where the defendant wants a trial, the trials have all been delayed.” But she said that the court had “a plan to hit the ground running as soon as we resume trials.” A spokeswoman said that the details were being worked out.

While a backlog has built up because of the pandemic, the court’s docket shows that scores of criminal cases have continued to be processed and concluded in video proceedings, as defendants reach plea deals with prosecutors and are sentenced.

Even so, Mr. Kirschner predicted that “the court dockets will be crushed if the Justice Department doesn’t plead a whole bunch of these cases out,” estimating that the Federal District Court in Washington handles about 400 cases a year.

Prosecutors have said they expect that members of extremist groups may want their cases to go to trial so that they can use the venue as a platform for their propaganda. But they may not soon see time in court.

Alan Feuer contributed reporting from New York, and Adam Goldman from Washington.

Katie Benner covers the Justice Department. She was part of a team that won a Pulitzer Prize in 2018 for public service for reporting on workplace sexual harassment issues. @ktbenner

A version of this article appears in print on Feb. 20, 2021, Section A, Page 13 of the New York edition with the headline: Riot Investigation Grows as It Enters Complex Phase. Order Reprints | Today’s Paper | Subscribe

nytimes.com



To: scion who wrote (12656)2/20/2021 6:43:46 AM
From: scion  Read Replies (2) | Respond to of 12881
 
Six More Alleged Members of Oath Keepers Militia Indicted

Indictment charges individuals from Florida, Ohio and North Carolina for planning Jan. 6 attack on Capitol


By Aruna Viswanatha, James V. Grimaldi and Alan Cullison
Updated Feb. 19, 2021 6:11 pm ET
wsj.com

Six more people allegedly affiliated with the right-wing militia Oath Keepers were indicted on charges of planning the Jan. 6 attack on the Capitol, as prosecutors sketch out a portrait of a group preparing to disrupt the certification of President Biden’s election and developing a military-style plan to do so.

An indictment returned Friday afternoon charged a retired husband and wife from Warren County, Ohio, outside of Cincinnati, a couple from Florida, and siblings from Florida and North Carolina with conspiracy and other counts. Prosecutors said they worked with three others who were among the first to be accused of conspiring to engage in the attack.

The nine people were accused of attending or scheduling paramilitary trainings in advance of Jan. 6, coordinating their travel to Washington, preparing for the operation with military gear and moving through the Capitol in military formation.


Federal investigators have described the Oath Keepers as “a large but loosely organized collection of militia who believe that the federal government has been co-opted by a shadowy conspiracy that is trying to strip American citizens of their rights” and that focuses on recruiting current and former military personnel, law-enforcement officers and first responders.

Around 250 people already face federal charges in connection with the riot, on allegations ranging from trespassing to assaulting police officers to conspiracy. Investigators in particular have homed in on members of several right-wing groups as they try to determine what level of planning may have gone into the attack.

The new defendants, including Sandra Parker, 60 years old, and Bennie Parker, 70, of Ohio, were part of a tactical formation called a “stack,” the indictment said. A previous complaint described it as a maneuver used by the infantry in which members keep “their hands on the backs or vests of the person in front of them to remain together while entering a room or weaving through a crowd.” The group continued to use that formation inside the Capitol, according to photos included in the complaint.

Also indicted Friday were Graydon Young, 54, of Englewood, Fla., and his sister, Laura Steele, 52, of Thomasville, N.C.; and Kelly Meggs, 52, and his wife, Connie Meggs, 59, of Dunnellon, Fla. They face charges of conspiring to obstruct an official proceeding, destroying government property and other counts.

The new case describes the alleged Oath Keepers as being motivated in large part by former President Donald Trump, and an apocalyptic fear of a Biden presidency. One defendant, who was among those earlier indicted, Jessica Watkins, wrote in the weeks before Jan. 6 that if Mr. Biden became president, “our way of life as we know it is over,” the indictment said.

Ms. Watkins, 38, who served as an infantryman in the U.S. Army from 2001-2003 under her previous name, Jeremy David Watkins, was deployed to Afghanistan, and received an “other than honorable discharge” after “the Army determined that my presenting as a female was unacceptable for a soldier,” she wrote in a name-change filing in New York state. Ms. Watkins said she left her six-year tour of duty early because of her gender dysphoria, adding “I was not otherwise disciplined or prosecuted because of the extenuating circumstances of my medical condition.” She changed her name in 2005, court records show.

Kelly Meggs, one of the new defendants, wrote in a Facebook message in late December to another individual, “Trump said It’s gonna be wild!!!!!!! It’s gonna be wild!!!!!!! He wants us to make it WILD that’s what he’s saying. He called us all to the Capitol and wants us to make it wild!!! SirYesSir!!! Gentlemen we are heading to DC pack your shit!!”

Mr. Trump was impeached in the House last month for inciting the violent riot. The Senate voted Saturday to acquit him, with Mr. Trump’s attorneys arguing that he was using typical political rhetoric and didn’t act to foment a mob.


Jessica Watkins, left, and Donovan Crowl, center, marching down the front steps of the U.S. Capitol on Jan. 6.
PHOTO: JIM BOURG/REUTERS

Before Jan. 6, the founder of the Oath Keepers, E. Stewart Rhodes, called on Mr. Trump to invoke the Insurrection Act and then “use the military and the militia (including all of us veterans) to conduct an actual clean election, with paper ballots,” according to a post on the Oath Keepers website.

Mr. Rhodes, who founded the group in 2009, has preached an anti-federal government message, suggesting that a conspiracy is afoot that could lead the government to seize firearms and incarcerate large parts of the U.S. population. He hasn’t responded to calls and emails seeking comment.

Attorneys for the new defendants couldn’t immediately be reached for comment.

Two of the earlier defendants, Ms. Watkins, of Ohio, and Thomas Caldwell, of Virginia, have pleaded not guilty to the charges and remain in federal custody. No plea for the third, Donovan Crowl of Ohio, has yet been entered on the court docket.

Attorneys for two of those who were indicted earlier said their clients were engaging in lawful speech and there was no evidence they were involved in violence. In detention hearings, attorneys for Messrs. Caldwell and Crowl said the text and social-media messages sent between them are simply the lingua franca of veterans who still enjoy the role play of the military structures that they left long ago.

Mr. Caldwell, 65, served in the U.S. Navy from 1976 until 1985, retiring as a lieutenant commander; his public defender said he was injured in combat and honorably discharged. Mr. Crowl, 50, served in the Marine Corps.

At a detention hearing held on conference call earlier this month, Mr. Caldwell pleaded to be released because he was a disabled veteran. “Your honor, my life hangs in the balance,” Mr. Caldwell said. Magistrate Judge Amit P. Mehta replied, “I understand, but you need to understand your actions.”

Judge Mehta expressed concern about text messages attributed to Mr. Caldwell describing a boatful of “weps,” or weapons, that were to be stationed across the Potomac River from Washington as part of a QRF, or quick reaction force.

Mr. Caldwell said of the text messages, “These are taken out of context.” Mr. Caldwell’s attorney implored his client not to speak during the hearing, and he had no further comments.


Much of the case against the alleged rioters is based on communications among the group members.

In the days before the riot, for example, Ms. Watkins and Mr. Parker allegedly texted about plans to travel to Washington. Ms. Watkins relayed: “Pack Khaki/Tan pants. Weapons are ok now as well.” Mr. Parker allegedly responded that they “don’t have any khakis” but have their military combat uniform.

Three days after the riot, Ms. Watkins texted Mr. Parker: “I’ve been following FBI wanted list, seems they’re only interested in people who destroyed things. I wouldn’t worry about them coming after us,” the complaint said.


Write to Aruna Viswanatha at Aruna.Viswanatha@wsj.com and Alan Cullison at alan.cullison@wsj.com

Copyright ©2020 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8
Appeared in the February 20, 2021, print edition as 'Charges for More With Alleged Tie To Militia.'

wsj.com