3rd superseding indictment. Ryan Samsel case update, Rhodes shall remain detained -Meggs’ Attorney- yowzah that minute order was BRUTAL

Ryan Samuel et al case update. New co-defendant Jason Blythe. James Tate Grant, Paul Russell Johnson, Stephen Chase Randolph. Read the Jan12th notice carefully the “working together”.. “collectively”

And a very Good Morning…

Full Disclosure this is going to be a pretty heavy read…but there have been a few (arguably significant) updates in the various cases…

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How many OathKeepers does it take to change a seditious conspiracy lightbulb ?

Admittedly this particular defendant earned a semi-permanent spot on my radar. Additionally I was incredibly harsh on the USAO-DC —there’s no sense in regurgitating the numerous decisions by the “former Acting” US Attorney. Again my position remains unchanged. If you thought beating hundreds of Law Enforcement Officers was “merely following the orders” of Donald Trump. I regret to inform you that you will likely suffer life altering consequences.

The facts show, that Donald Trump lied to you. Not on a normal level but Trump lies on a pathological level. Trump poisoned the majority of Republicans that the 2020 election was “rigged” or that “stop the steal” —setting aside the fact that you can’t actually “stop the steal” when nothing was stolen.

It is almost Almost comical, that post November 4 2021 to present day, Donald J Trump unhinged behavior is indicative of his “biggest loser” status he’s rightfully owned. Trump damn near annihilated our Democracy. All in the grotesque furtherance of his corrupt scheme of subverting the will of the People and desperately holding on to power.

Donald Trump continues to be a dangerous malignant narcissist. His unapologetic propensity of megalomania and authoritarian tendencies are incompatible with our form of Self Governance. Trump only cares about himself. Period. Also if you really thought Trump would have your back -I can’t comprehend why you’d put your faith & trust into a man who has zero respect for our Rule of Law, zero respect for our Constitution and zero respect to the three co-equal branches of Government. Then I think you’ve put Donald Trump on a higher pedestal, far above God. And that conundrum is a naked display of Spiritual Hypocrisy. The Republican Party thinks they have a monopoly on “being a good Christian” —the dichotomy isn’t lost on me. The bottom line is the RNC crawled in to bed with a thrice married, credibly accused sexual predator, who’s fathered at least 4 anchor babies — and damn near caused an actual civil war.

Defendant Ryan Samsel Case updates

Yes occasionally I let things slip off my radar and then I realize I have to hurry up to catch up (see what I did there). In order to have a fulsome discussion about Defendant Samsel and the latest Oath Keeper facing a 3rd superseding indictment…

• See original February 2021 article which also included Samsel - Complaint & Statement of Facts

• See June 2021 article which detailed the Government’s Opposition of Defendant Samsel’s request to modify his conditions of release

  Ryan Samsel Criminal Case Update -Choked ex-girlfriends, attempted to drown pregnant girlfriend, knocked out teeth, and repeatedly raped an ex.

…numerous Superseding Indictments..

For reference there have been numerous case updates. As further detailed below:

• See August 2021 Article — a deeper dive into August 2021 Samsel’s Indictment - also see August 30, 2021 Article of Samsel’s previous defense attorney went MIA

• See November 17, 2021 Defendant Samsel’s first superseding indictment (SR1), document number 63. via DDC-ECF or via Scribd —SR1 added;

  • a second victim (US Capitol Police Officer) to one of the 18 U.S.C. § 231 counts, and

  • added an additional count of 18 U.S.C. § 111 for assaulting that same US Capitol Police Officer

    

• See November 22, 2021 Unopposed MOTION for Temporary Release by RYAN SAMSEL —defendant Samsel repeatedly alleged that he was physically assaulted by numerous jail guards, which further compounding his purported injuries.

Defendant Samsel argues that, he has been assaulted by jail guards, the jail never provided any medial treatment of “his severe physical injuries” and that he was transferred to another jail. Spoiler alert: initially the BOP & Government stated, the US Marshals would transfer Defendant SAMSEL to another jail. where he “would receive medical attention” via UVA Medical Center. Ultimately though Defendant SAMSEL was transferred to the same jail where Paul Manafort was also incarcerated…

…At Mr. Samsel’s request, Magistrate Judge Faruqui revoked his order temporarily releasing Mr. Samsel based on a colloquy that occurred at a status hearing on June 25, 2021, at which it was represented to Mr. Samsel that he would be transferred to a facility where he would receive medical care from the University of Virginia Medical Center in Charlottesville, Virginia. Despite this representation, and as is detailed in the Parties’ status reports, Mr. Samsel continued to have trouble accessing his own -medical records, did not receive the medical care he was seeking, and ultimately was transferred to yet another facility, the Northern Neck Regional Jail in Warsaw, Virginia, more than 100 miles from Charlottesville…

As previously noted —on August 2021 Samsel’s Indictment did not have the “deadly and/or dangerous weapon” enhancement. Moreover the original indictment and subsequent superseding indictments, added four co-defendants, elucidated that Defendant Samsel had repeatedly assaulted several US Capitol Police Officers…

• On December 15, 2021 a grand jury (note it was empaneled on August 11, 2021 returned a SECOND SUPERSEDING INDICTMENT (SR2) as to RYAN SAMSEL (Defendant #1) count(s) 1ss-2ss, 3ss, 4ss, 5ss, 6ss, 7ss, 10ss, adding JAMES TATE GRANT (Defendant #2) count(s) 1, 3, 5, 6, 7, 8, 9, 10s — see DDC-ECF joined an additional defendant, James Tate Grant, based on similarly alleged conduct.

• On January 12, 2022 - NOTICE by USA as to RYAN SAMSEL, JAMES TATE GRANT et al of a superseding indictment - if you take the time to read the docket, the Government conveyed zero ambiguity of a third superseding indictment and that the “collective” actions of these Defendants

Defendants collective action resulted in…

These four offenders are all currently charged with aiding and abetting one another to commit the same crimes, at the same time and location, against the same victim, Officer C.E.

Their collective action – that is violently picking up and pushing a metal barricade at United States Capitol Police Officers, who were manning the barricade in an effort to protect and defend the U.S. Capitol and the certification of the Electoral College vote – opened up the floodgates to the Capitol for the thousands of rioters who followed.

…All four defendants then took up positions along the same barrier consisting of attached crowd control barriers, and they acted in concert to lift and push the barricade violently onto the officers stationed on the other side of the barricade. At least one of those officers…Officer C.E. suffered injuries as a result of the defendants’ collective actions. Additionally, after they pushed down the barricade, Randolph physically attacked Officer D.C further.

But I’d like to draw your attention to the footnotes on page 3 of the Government’s Notice — clearly footnote # 3 the “adding a fifth uncharged subject” is Defendant Jason Blythe. Footnote #4 reads:

Other Capitol Riot cases involving conduct by groups of defendants have been joined.

• See, e.g.,United States v. Federico Klein et al., No. 21-cr-236 (R. 45) -read more here, here, Klein’s Give-Send-Go found here,

• and United States v. McCaughey, et al., No. 21-cr-40 (TNM).

  • In Klein and McCaughey, the government filed notice under Local Criminal Rule 57.12(b)(3) of Related Cases regarding nine subjects charged with assaultive conduct on law enforcement officers in and around the first landing of the Lower West Terrace as well as the Lower West Terrace archway.

  • One subject, Klein, was charged alone in a case before the Honorable John D. Bates, while the other eight subjects were charged in one case before the Honorable Trevor N. McFadden. Following the filing of a superseding indictment joining the nine defendants, the Klein case was reassigned to the Honorable Trevor N. McFadden.

• On January 24, 2022 THIRD SUPERSEDING INDICTMENT as to RYAN SAMSEL (1) count(s) 1sss, 2sss, 3sss, 5sss, 6sss, 7sss, 8sss, 9sss, 10sss, 11sss, 12sss, JAMES TATE GRANT (2) count(s) 1s, 2s, 3s, 5s, 6s, 7s, 8s, 9s, 10s, 13s, 14s, PAUL RUSSELL JOHNSON (3) count(s) 1, 2, 3, 5, 6, 7, 8, 9, 10, STEPHEN CHASE RANDOLPH (4) count(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, JASON BENJAMIN BLYTHE (5) count(s) 1, 2, 3, 5, 6, 7, 8, 9, 10 (See DDC-ECF for SR3 or you can pull down a copy of SR3 via Scribd Link

  

…The five defendants are charged in the superseding indictment with civil disorder, assaulting, resisting, or impeding officers with a deadly and dangerous weapon, engaging in physical violence in a restricted building or grounds, carrying out an act of physical violence in the Capitol grounds, and related offenses.

…Defendant Blythe participated in attacks in which a metal crowd control barrier was used against two officers from the U.S. Capitol Police, including one who sustained bodily injury. According to the government’s evidence, the assault took place at the Peace Circle, where law enforcement was attempting to secure the restricted perimeter of the Capitol grounds.

OathKeeper Elmer Stewart Rhodes Case Update

Spoiler Alert - Rhodes is exactly where he needs to be, in a tiny jail cell —essentially cut off from his fellow OathKeepers. Probably stressing out on a daily basis because he has no idea which OathKeepers are fully cooperating with the Government.

On January 20, 2022 MEMORANDUM in Support by USA as to Elmer Stewart Rhodes, III re 4 MOTION for Detention -via EDTX-ECF -the Government’s Motion reads in part:

…Rhodes is also charged with obstructing justice for destroying evidence of that plot. Based on the compelling evidence of Rhodes’s leadership of this conspiracy, there are no conditions of release that can reasonably assure the safety of the community or the defendant’s appearance in court. And based on Rhodes’s evidence destruction aimed at hiding his crimes and the identities of his co-conspirators, he poses a risk of obstructing justice should he be released. Pretrial detention is warranted and necessary.

…he oversaw two military-style stacks of co-conspirators who, along with other rioters, forcibly breached the Capitol while armed QRF teams stood by, awaiting deployment. The breach succeeded in delaying the Certification proceeding for several hours. Rhodes and co-conspirators then fled from the Washington area when they learned the FBI had begun arresting individuals involved in the attack.

“We will have to do a bloody, massively bloody revolution against them…”

I would like to draw your attention to page 7 -as you can see —the Government’s Motion adds additional facts surrounding Defendant Rhodes’ gun-shopping spree where he spent approximately $15,500.00 —furthermore Rhodes made several purchases in Texas and Mississippi, while en-route to D.C. What’s notable is why would Rhodes make these out of state purchases of an AR, multiple firearms, ammunition and other accessories. I’m not sure if the Government has plans to charge Rhodes with any firearms and/or ammunition violations. Given Virginia has CCW reciprocity laws on the books. Notwithstanding the assumption being made here, is Rhodes has a lawful Texas CCW permit

Oh but wait. There’s more, so much more —the Government proffered up the following facts regarding Rhodes post Jan6th Domestic Terror Attack -the Government

• On January 10, he spent approximately $6,000 on sights, bipods, a scope, mounts, backpacks, a gun grip, a magazine pouch, and other related items.

• On January 11, he spent over $1,500 on scopes, magazines, and other items.

• On January 12, he spent nearly $7,000 on hundreds of rounds of ammunition, duffel bags, magazines, rifle scopes, a scope mount, a gun light, and other items.

• On January 13, he spent approximately $1,000 on firearms parts.

• From January 14 thru January 19, Rhodes spent more than $2,000 on firearms parts, mounts, magazines, a scope leveler, targets, ammunition, a gun case, holsters, and gun-maintenance equipment, among other items.

…Rhodes gathered some of his co-conspirators at a restaurant in Vienna, Virginia, to celebrate their attack on the Capitol and discuss next steps…on January 24, Rhodes messaged Vallejo on Signal, “Ed, keep in mind that is NOT a secure chat. Contains at least one turn-coat snitch. Keep that in mind. Please confirm you got this.” Later that day, Rhodes messaged Vallejo again, “FBI has Jessica’s [Watkins] phone. So they are no doubt now monitoring any chat she was in. Which included that DC op chat.”

Defendant Rhodes ordered detained pending trial

See January 26, 2022 MEMORANDUM OPINION AND ORDER as to Elmer Stewart Rhodes, III, re 4 MOTION for Detention filed by USA. The Government's Motion for detention is GRANTED. Signed by Magistrate Judge Kimberly C Priest Johnson on 1/26/2022. via EDTX-ECF for MJ Case No 4:22-mj-00011 or via this Scribd Link

…Upon consideration, the Court finds Defendant must be DETAINED…

…based on the foregoing factors, the Court finds there are no conditions that would “reasonably assure the appearance of the person as required and the safety of any other person and the community,” the defendant must be detained pending trial.

…Defendant Rhodes reports that he has not filed “federal income tax” since approximately 2007…

Wait —are you trying to tell us, the American People that Elmer Stewart Rhodes has willfully failed to file his Federal Income Tax returns —since 2007? I mean between the Give-Send-Go and other crowd sourced fundraising —how so reasonably informed and productive individuals just “fail to properly and timely file your Federal Income Tax Returns. Imagine that a QANON-grifter, not paying his taxes because “he’s an OathKeeper” and being a law abiding tax payer isn’t on Rhode’s “to-do-list” —but Rhodes’ private life truly seems to be an epic and uncomfortable disaster…

Defendant had the means to finance the Oath Keeper’s illicit activity by contributing more than $40,000.00 to stock the Oath Keepers’ weapons arsenal and offering to underwrite expenses for those willing to participate in the Raid. Defendant’s authoritative role in the conspiracy, access to substantial weaponry, and ability to finance any future insurrection, combined with his continued advocacy for violence against the federal government, gives rise to a credible threat that Defendant’s release might endanger others by fostering the planning and execution of additional violent events.

This is especially so given Defendant’s technical savvy, military training, and familiarity with encrypted communication; it is nearly impossible to effectively monitor communications made through encrypted messaging and video conferencing applications, which Defendant is known to use.

Again you can pull down the January 26, 2022 MEMORANDUM-ORDER, via this Scribd Link and with that I believe you are mostly caught up to speed. But before I forget — I wasn’t being factious when the casually said “that minute order though…” because once you read & parse out the Minute Order -well here you can read it and then draw your own conclusion…

January 26, 2022 MINUTE ORDER denying 24 Defendant Kelly Meggs's (2) Motion for Reconsideration and Clarification of the Court's Identification of Conflict of Interest.>..

• The court has nothing to clarify.

• The court, at this juncture, ordered counsel for Defendant Stewart Rhodes (1) and counsel for Defendant Kelly Meggs (2) to confer about the representation of Mr. Rhodes in this case and related matters and report back to the court.

• The court did not take any position on whether Mr. Meggs's counsel's representation of Mr. Rhodes, past, present, or future, in whatever capacity, would pose a conflict.

• Also, Counsel for Mr. Meggs is admonished to keep the moralizing and sermonizing out of his motions. His motions must be tailored to the actual relief sought and must avoid commentary on unrelated matters (e.g., the actions of the Select Committee and the prosecution of Oliver North) or unbriefed requests for relief (e.g., dismissal of charges or a change of venue).

• These proceedings will not become a platform for counsel's personal political views. Failure to abide by this direction in the future may result in sanctions. Signed by Judge Amit P. Mehta on 1/26/2022. (lcapm1)