5th Superseding Indictment Caldwell et al. New defendant -USAO-DC it’s SEDITION TIME. Average daily arrest (Jan-March) 6.35 down to 1.35 (March-Aug)
David Moerschel (charged in early July 2021) & Brian Ulrich. I drilled down on the data from the USAO-DC. The current “acting” US Attorney I HAVE QUESTIONS for Channing D. Phillip the data doesn’t lie
Background on Defendant David Moerschel
in the fifth superseding Indictment Defendant Moerschel was additionally charged two counts;
destruction of government property and
aiding and abetting
Newest Defendant Brian Ulrich -charged with federal offenses that include conspiracy, obstruction of an official proceeding and aiding and abetting, and entering or remaining in a restricted building or grounds.
While it’s notable that the 5th superseding indictment directly links Defendant Moerschel to the various GoToMeetings specifically “florida dc op planning chat” Dec. 31, 2020 and “dc planning call” on Jan. 3 —that’s not unexpected given what the Government had previously disclosed -
Oath Keepers -Superseding Indictment for Conspiracy Leading to the U.S. Capitol Attack, found here
Give-Send-Go - Meggs and Harrelson, found here
Caldwell et al case update -it’s a lot of new information, found here
April 2021 found here
April “yes your honor we are working on some plea Agreements” found here
KENNETH “I perjured myself” HARRELSON - found here
Oath Keepers 4th superseding indictment and four additional defendants added (one remains redacted) -found here
As I previously reported — On June 23, 2021 --I noted during Graydon Young’s change in plea hearing that there was another Oath Keeper that would likely take a plea too - I actually drilled down on Graydon Young’s signed plea agreement and noted that it sure read like there’s another individual who hasn’t been charged and the possible that person might be awfully chatty…as it turns out…👇🏻,
Oath Keepers Fifth Superseding Indictment
Now that you have a semi-decent background on the totality of the Oath Keepers case, let’s drill down on the Fifth Superseding Indictment -as previously mentioned Brian Ulrich was added as a new defendant…
At what point will the Government finally indict PERSON ONE?
Because every time I read the Overt Acts, specifically the November 9, 2020 GoToMeeting where Person One states:
“We’re going to defend the president, the duly elected president and we call on him to do what needs to be done to save our County…because if you guys don’t, you’re going to be in a bloody, bloody civil war and a bloody —you can call it an insurrection or you can call it a war or fight”
Because the government clearly has the audio or video or transcript of the November 9, 2020 Oath Keepers GoToMeeting —which reminds me, when rereading the 5th superseding indictment -Paragraph 51 was the catalyst for this April 22, 2021 Article
As paragraphs 58 thru 60 discloses, Defendant Ullrich was added to the Signal Group Message “DC OP” which was for Oath Keepers/Mission Leadership. Defendant Ulrich stated in part
“The more patriots the merrier ‘gonna be wild” and “Someone can tell me if I’m crazy but I’m planning on having a backpack for regular use and then a separate backpack with my ammo load out with some basics that I can [just] switch to is shit truly the fan blades…” He later added the following message, “I will be the guy running around with the budget AR.”
On January 1, 2021 -Defendant Ulrich then messaged co-defendant Joshua James on Signal and asked the following;
“Hey we told to bring guns and maybe stage them in VA?? But you are showing hotels in DC for Alabama. Are we bring[ing] guns or no[.] If so how will that work?” James responded, “[We’re] working on a Farm location[.] Some are bringing long rifles some sidearms…I’m bringing sidearm.”
If you’ll note in paragraph 77 —there were three organizers of the January 3, 2021 GotToMeeting “DC Planning Call”..Defendant Ulrich traveled to Washington on Jan. 4 and stayed at the Mayflower Hotel, where Defendant Minuta had reserved 3 hotel rooms.
As you’ll note in Paragraph 101 - CoDefendant Minuta used his actual name, email address and his home address to reserve three hotel rooms at the Mayflower. The reservations were made under Co-Defendants Minuta, James and PERSON TWENTY.
And as previously discussed last month, CoDefendant Grods paid for the hotel room reserved under Minuta’s name -defendants Walden, Grods, Ulrich and PERSON TWENTY “and others” stayed at in the 3 Mayflower hotel rooms. Whereas Minuta and James and PERSON ONE each stayed at the Hilton Garden in Vienna, VA. The whole switch-a-roo on hotel rooms is a tactic one uses when trying to evade law enforcement or at the minimum make it harder for investigators to figure out who stayed where and with whom.
Before descending on the Capitol Defendant Ulrich rode with others in a pair of golf carts toward the Capitol…as alleged in the 4th superseding indictment Defendant Ulrich stood by as the other co-defendants James Minuta and Jonathan Walden
“aggressively berated and taunted law enforcement officers in riot gear guarding the perimeter of the Capitol near the east side of the building. At 3:21 p.m, Ulrich entered the east side rotunda doors. He exited at 3:33 p.m. through the same doors”
As noted in paragraph 177 -the core-team of defendants met PERSON ONE and PERSON TWENTY -given the disclosure of “100 feet” I think one could correctly assume the Oath Keepers were still on US Capitol Grounds - and according to the Architect of the Capitol the U.S. Capitol grounds encompasses;
principal congressional office buildings,
Library of Congress buildings,
Supreme Court buildings, U.
S. Botanic Garden and
over 270 acres of grounds.
“Shortly after 4 p.m., Ulrich and Moerschel gathered with co-defendants and others approximately 100 feet from the Capitol near the northeast corner of the building.”
And lastly - Defendant Laura Steele was additionally charged with
one count of civil disorder and
tampering with documents and aiding and abetting.
on Jan. 7, Steele and co-defendant Graydon Young, who pleaded guilty in June, used a burn-pit in Steele’s backyard to burn and destroy evidence of their involvement in the attack on the Capitol.
And defendant Jason Dolan was additionally charged with;
one count of civil disorder and
aiding and abetting for pulling on the arm of a Capitol Police officer who was trying to hold back rioters who had broken through the barriers and started climbing up the stairs leading to the east rotunda door.
There will be more Oath Keeper Defendants
because if you know how to read the indictment(s) and cross reference with the SR1, SR2, SR3 and SR4 -and then see who’s still listed as Person X in the SR5 that’s how you know there will be more defendants. For Example:
PERSON ONE —>Rhodes, is repeatedly referenced in SR4
PERSON THREE see paragraphs 39
PERSON TEN -is repeating referenced throughout the SR4
PERSON NINETEEN, see paragraph 14 -this person became ill just prior to Jan 6th and was no longer a co-leader
PERSON TWENTY see paragraph 87 -traveled to DC by way of Georgia by way of Alabama and traveled with Co-Defendants James, Grods, and Ulrich
Let’s talk Sedition, Insurrection statutes
When will the government charge the Domestic Terrorist aka Oath Keepers with Sedition or Seditious Conspiracy. Allow me to provide you with the very plain language of the Federal Statutes. Full Disclosure I’m not an attorney —I’m the one they turn to when they need someone to poke holes in their legal strategy, and/or devil’s advocate and occasionally utilize my research skills.
So let’s discuss the plain language of the statutes
18 U.S.C. §2383 -Rebellion or insurrection
“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States” (emphasis added)
Also see GPO 18 U.S.C. §2383
18 U.S.C. § 2384 - Seditious conspiracy
the statue reads in part:
“If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, 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 United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.” (emphasis added) see GPO 18 U.S.C. §2384
18 U.S.C. § 2385. Advocating overthrow of Government
I don’t know why so many overlook this particular statute but I would think a competent prosecutor could present evidence to a grand jury and ultimately obtain an indictment…
“Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States…by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—“ (emphasis added) see GPO 18 U.S.C. §2383
And absolutely NOT “kingpin” has absolutely NOTHING to do with these Sedition Statues. I can’t believe that Blue-QANON’s disinformation tweet went viral. FFS do better or just get a real job. But hanging on to every word/tweet that QANON-for-the-Left post is bonkers. Be smarter than that and stop believing the Blue-Qanon disinformation and misinformation. There I said it and the world didn’t end because deep down inside you know that I’m right.
To date not a single one of the nearly 600 defendants has been charged with any of the aforementioned. And certainly I could be wrong but I’ve tried to approach this in a pragmatic and non-emotional manner.
Jan 12, 2021 Department of Justice press conference
FBI Washington Field Office ADIC Steven D’Antuono and the Acting U.S. Attorney Michael Sherwin for the District of Columbia - the take aways from that Jan 12th presser to be fully transparent initially I was
270 suspects involved in criminal activity in and around the capital
FBI has arrested more than 40 subjects, and
more than 100 individuals have been taken into custody
To be fully transparent and intellectually honest on the evening of Jan 6th and into Jan7th I was apoplectic that very few (I believe on the morning of Jan 7th the DC Metropolitan Police announced 69 individuals had been arrested people were arrested on the evening of Jan6th) because it was incredibly hard to “square” how less than six months prior Unrest-Related Arrest Data as of April 18 2021
March 2021 60 minutes interview;
On March 21, 2021 “Acting” US Attorney for the District of Columbia Michael Sherwin sat down with CBS/News-60 Minutes Anchor Scott Pelly and gave an in-depth and rather candid interview
Math is hard…or is it?
(Well apparently math is hard - had to re-edit my calculations - face meet palm and slap the stupid out of mah head) The reason I provided you with two videos, in the March 21, 2021 60 Minutes interview former “acting” U.S. Attorney Sherwin disclosed a plethora of new information. Currently there are approximately 589+ defendants. But if you drill down to the two time frame Acting US attorney Sherwin versus “Acting” US Attorney Phillips there’s a dramatic decrease in the average daily arrest per day. To be fair it’s not a one to one comparison because Sherwin stated the mission was clear, restore “law and order” but the delta or significant reduction in arrest under Phillips, it is stunning.
January 7 2021 thru March 20, 2021 equates to roughly nine weeks (Jan 7th during the 60 minutes interview, the then :acting” US attorney Sherwin stated there were over 400 defendants.
Again in 9 week period the USAO-DC average just under 6.5 daily arrest. 9 x 7 = 63 days — 400 ÷ 63 = 6.35 per day
March 21, 2021 thru August 14, 2021 which is roughly, 20 weeks. Equating to roughly 1,040 days. Approximately 589 defendants minus 400 gives you approximately 189 defendants charged in the past 20 weeks.
Again in the 20 week period, the USAO-DC average about 1.35 arrest/charged. 20 x 7 = 140 days — 189 ÷ 140 = 1.35 per day
Again this isn’t meant as a criticism towards the FBI or other Federal Law Enforcement who are working their level best to investigate and build a case. This criticism is secular in nature - and directly aimed at the current “acting” US Attorney for DC. When you then run the data set for MPD’s Summer 2020 “civil unrest” versus the January 6th Domestic Terror Attack —it does paint a really incomprehensible picture of the USAO-DC either being incompetent or they view Jan6th as a bunch of “righteous white angry Americans” because that’s the only thing that makes sense.
And for the umpteenth time, this is not me broadly saying OMFG DOJ what is your deal. No this is me specifically calling out the current “acting” US Attorney for DC. And being at the end of my rope where my patience is null. One had ti be willing to ask uncomfortable questions. Because remaining silent isn’t an option. Keep in mind (and not to belabor the point) but, yes the 400+ arrest occurred because the (former) “acting” US Attorney Sherwin needed to send a loud message and the inauguration of the duly elected 46th President of the United States was paramount.
(Whispers) I told you my meta is petty - the song is called “sunlight” because sunlight is the best disinfectant👇🏻
I think my track record and public statements are clear, I have immense respect and overwhelming gratitude for the men and women of the FBI and more broadly the various US Attorneys and those at Main Justice. But I have considerable concerns about the current “acting” US Attorney for DC and what appears to be a lack of leadership and a honorable sense of duty.
There have been repeated self inflicted errors by this office. For Example;
failure to filing a Pretrial Detention Motions
waiting SEVEN DAYS after the violation was reported and the Court already issued the arrest warrant on July 30th
sloppy arguments and
an overt unwillingness to appeal a Magistrate’s Preliminary Order releasing a domestic terrorist.
When did we as a County just blindly accept that Domestic Terrorist are released to live their best life? Where they can potentially plan future attacks, buy 37+ firearms or go on to strangle your girlfriend all because the USAO-DC failed to initially request detention or some how unable to file papers that contain solid legal argument pursuant to the Bail Reform Act?
It seems like common sense, if you are a domestic terrorist and you are recorded on BWCs, CCTV, or you filmed yourself viciously beating law enforcement then you should be remanded into custody pending trial. I am pissed. And you should be too. Because the USAO-DC is sending the very worst kind of message to other Domestic Terrorist that if they come back to DC and engage in more violence then they are pretty much guaranteed to get a figurative and literally “get out of Jail card” by the current “acting” US Attorney for DC
DHS issued Advisory on Friday, August 13, 2021 02:00 pm ET
Back in May, I walked you through the Joint FBI & DHS
As required by the National Defense Authorization Act, the Department of Homeland Security and FBI, in consultation with the Director of National Intelligence, have produced this strategic intelligence assessment on domestic terrorism, which includes a discussion of activities, certain data on domestic terrorism matters, and recommendations.
In June I also walked you through Testimony of DHS Secretary ALEJANDRO N. MAYORKAS Congressional Testimony and Biden White House directives. That Domestic Terrorism is the single most dangerous, deadly and immediate threat we as Americans are facing in our own homeland. And certainly you can disagree wit
In July (in advance of the four law enforcement officers testimony) I walked you through the Select Committee and various resources
The Domestic Terrorist are coming back to DC on September 18, 2021
The Domestic Terrorist are more emboldened Post January 6, 2021 -look at the tweets for the following hashtag #JusticeforJ6 -for the record the only justice we should accept is every single domestic terrorist that beat law enforcement should spend the rest of their natural life in prison, where they belong.
And Steve Bannon is pimping, I mean pumping the hell out of the September 18, 2021 -I am purposely not lining to his YouTube channel because I don’t want to give that demigod any more attention then he (doesn’t) deserve.
Again what kind of message is the current “acting” US Attorney for DC sending to domestic terrorist?
And you bet I’m mad, I personally know a few US Capitol Police Officers, they are not doing well. PTSD has dramatically changed their outward appearance. I have one friend of 18 years and I am genuinely worried that I’m going to get a call from their spouse telling they committed suicide. That’s how bad PTSD is ravaging the USCP and MPD. I have another friend who called me during the insurrection begging me to go to her house and be with her children until her husband came home. The terror in my friend’s voice haunts me. They were terrified. They were mentally preparing to die if the Domestic Terrorist found them hiding. So yes this is personal and if the current “acting” US Attorney for DC it’s up to the job -then replace him because his office has made too many mistakes.
And lastly how do you think Officers Hodges, Fanone, Dunn and Gonell feel -along with hundreds of their colleagues knowing the current “acting” US Attorney failed to file Pretrial Detention Motions for the very same domestic terrorist that viciously beat them or hurled disgusting racial epithets at them? So no I’m not going to let this go and neither should you.
…The domestic terrorist are coming back and that is terrifying…
So yes if I seem rather unhinged by this I am. It is outrageous and I can’t help.but think the USAO-DC “acting” US Attorney needs to be relived of his duty forthwith. Because the indelible message that offices is sending to Domestic Terrorist, it’s cool you’re white rage domestic terroristic ideology is fine, just don’t kill an actual law enforcement officer and I won’t ask the Court to detain you.
FIVE FUCKING LAW ENFORCEMENT OFFICERS DIED
And four of whom took their own lives after Jan 6th. And their deaths should absolutely be considered “in the line of duty” - Erin Smith’s OpEd is absolutely heartbreaking but she’s absolutely correct the officers who died by suicide after responding to the Jan6th Domestic Terror attack need their deaths to be classified as “in the line of duty” -as she explains her family isn’t afforded the same survivors benefits. Just because you can’t see the injury does not mean these law enforcement officers are injured. PTSD is one of the worst injuries a person can sustain. And I can’t help but think we, as a Country are not doing enough to help law enforcement.
My husband's suicide after Jan. 6 riots was a line-of-duty death. He deserves recognition. “My husband died defending democracy. President Biden acknowledged Jeffrey’s sacrifice. Yet he's been denied even the courtesy of an official burial.”
To be fair Law Enforcement has a much higher suicide rate. What these officers and their families experienced and are still experiencing post Jan 6th is almost too difficult to comprehend. All I know is hundreds of Law Enforcement Officers “held the line” -they put their bodies in between the Capitol and the Domestic Terrorist. It is a debt that we can’t ever pay back but goddamnit at least we should try. Not to belabor this but if the current “acting” US Attorney for DC can’t do the job, then get the hell out of the way and let someone else do it. But goddamnit seeing how few domestic terrorist are actually sitting in jail —yea that’s not okay and the media should do a better job drilling the USAO-DC for a fulsome explanation because how do you think the law enforcement officers feel knowing their attackers are out living their best lives —meanwhile the Officers & they Families are trying to put their shattered lives back together. Yup I’m still pissed and I’ll probably get more pissed in the coming days, -Filey