Dear John - I heard about your superseding indictment. You really should have taken a plea.

It’s been a while since I’ve updated you on the Sullivan case. On the weekends playing catch up because how dare my J-O-B get in the way... did Defendant Sullivan really think he’d keep the money?

In reverse chronological order - below are the previously published articles

February 18, 2021 John Earle Sullivan aka InsurgenceUSA aka JayDenX aka Activist John aka you went on InfoWars.

February 20, 2021 - abbreviated thread Sullivan remains out on bond…

March 23, 2021 - John Sullivan Case Update - And a technical question about geofencing and ID’ing several FBI BOLO most wanted - I found something and it’s kind of important (fact check the tiny detail I noted in this article was in fact important. Also on January 15, 2021 I’m genuinely glad that before I was suspended from Twitter I had taken the time to archive nearly all of his social media accounts before they were suspended too)

• Twitter: https://mobile.twitter.com/mejaydenx​ <—I had previously archived his various Twitter accounts before I was unceremoniously suspended and linked to them in a previous article;

• @insurgenceusa (now suspended but aren’t you glad that on January 16, 2021 I archived his entire account, found here)

• @realjaydenx (also now suspended and again aren’t you glad that I archived his account on January 10th here and again on January 15th, found here and then I archived it on January 18th, found here at which time Twitter suspended my account.

This is exactly why when I was on Twitter I would take the time to archive accounts before doing a thread of the criminal complaint and/or indictment.

• @activistjohn (again also now suspended and yet again aren’t you glad that I archived his account on January 15, 2021, found here)

February 3, 2021 Indictment:

Which was a relatively truncated indictment and I think at the time I may have said “expect a superseder” and “oh FFS NBC Paid you $35,000 for the footage of you inside the Capitol” because capitalism is good. And hey why not - film yourself inside the Capitol and then profit off of your criminality.

ECF - https://ecf.dcd.uscourts.gov/doc1/04508310151

May 19, 2021 Superseding Indictment

A cursory review of the Feb Indictment and the May 19, 2021 superseder- I’ve highlighted the additional charges. And frankly it’s not at all surprising given he wasn’t exactly forthcoming with Investigators. Insofar as “misleading” investigators well say hello to 18 U.S.C.§1001 but I can admit I didn’t have the “dangerous weapon” on my bingo card. Superseding Indictment via ECF https://ecf.dcd.uscourts.gov/doc1/04508533213

So let’s walk through the additional charges and I promise at the very end your patience of slogging through my verbosity and painful attention to detail will absolutely be rewarded. Because I can, and so I did <snort>

Count Three -dangerous weapon added

Entering and Remaining in a Restricted Building or Grounds with a dangerous weapon, in violation of 18 U.S.C. §§1752(a)(1)and 1752(b)(1)(A)

John Earl Sullivan - May 19, 2021 Superseding Indictment

I am not joking, I spent a few hours watching the numerous videos he posted on social media and YouTube - I stumbled across two videos where Sullivan recorded himself bragging about carrying a knife and in a separate video offers his knife to another rioter.

Although I find it rather curious that the prosecutors didn’t charge Sullivan with a little known statute; Federal Switchblade Act - on August 18, 1958 it became PUBLIC LAW 85-672 ¹One reasonable explanation could be the knife Sullivan was carrying doesn’t meet the statutory definition of a “switchblade”

Count Four -Dangerous Weapon Added

…is largely reiterative of the previous indictment and Count three of the superseding indictment

did use or carry a dangerous weapon, that is a knife…in violation of 18 U.S.C. §§1752(a)(2) and 1752(b)(1)(A)

The addition of “dangerous weapon” is what many colloquially know as an “enhancement” - specifically 18 U.S.C. §1752(b)(1)(A) - which reads in part:

(b) The punishment for a violation of subsection (a) is—

(1) a fine under this title or imprisonment for not more than 10 years, or both, if..

(A) the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm…

You can find a highlighted copy of the aforementioned on my public drive. A while ago a few readers stated that providing a highlighted and annotated copy of the actual statute helped them understand how to read the various statutes. Because I understand how difficult it can be to make sense of the various citations.

Count Five- false statements

Note the “did carry and have readily accessible, a dangerous weapon, that is, a knife having a blade longer than three inches” While most will gloss over that statement of fact in the superseding indictment…it matters

unlawful possession of a dangerous weapon on Capitol Grounds or building in violation of 40 U.S.C. §5104(e)(1)(A)(i)

Page 3 of John E Sullivan Superseding Indictment

While it is easy for some to question why the superseding indictment prosecutors didn’t charge Sullivan for violating 18 U.S.C. §930 - Possession of firearms and dangerous weapons in Federal facilities -the answer is actually in the aforementioned statute itself - specifically 18 U.S.C. §930(2)(g)(1)(2) —assuming arguendo that the “knife” isn’t a switchblade but the blade is longer than the statute allows it actually makes sense why prosecutors disclose the length of the knife.

I uploaded the superseding indictment to my public drive.

Your patience is now rewarded

NOTICE OF DISCOVERY by USA as to JOHN EARLE SULLIVAN via ECF https://ecf.dcd.uscourts.gov/doc1/04518535736

EXHIBIT 1 (via ECF https://ecf.dcd.uscourts.gov/doc1/04518535738) - Letter from Government to Defendant Sullivan —BOY oh BOY you should really pay attention. I mean that’s a whole lot of subpoenas (which are not search warrants - see page 2 of Exhibit 1) In some respects one could argue that the FBI pretty much gave Defendant Sullivan a full on digital endoscope…of note the following caught my attention

Documentation of footage transactions (9 files)
Google-Blogger subpoena returns (4 files)
Apple subpoena returns (8 files)
JP Morgan Chase subpoena returns (3 files)
Paypal-Venmo subpoena returns (29 files)
Twitter subpoena returns and 3 screenshots (27 files)

Amazon subpoena returns (3 files)

Amazon second subpoena returns (3 files)

May 20, 2021 Government Discovery Letter to Defendant Sullivan

Search Warrants & Returns

Twitter search warrant and returns (1,347 files)
Two unredacted seizure warrants, two supporting affidavits & two returns

Intercept Article 1/14
Metropolitan Police Department body camera footage (17 files)

W-1 recordings (97 files) <— so who’s witness # 1?
Screenshot of knife

APPLICATION FOR A WARRANT TO SEIZE PROPERTY SUBJECT TO FORFEITURE - as to Defendant John Earl Sullivan (there are two separate warrants)

• $89,875.00 U.S. CURRENCY IN ONE JP MORGAN CHASE ACCOUNT² AND

• $1,000.00 U.S. CURRENCY IN ONE VENMO ACCOUNT

PURSUANT TO 18 U.S.C. § 981 AND 28 U.S.C. § 2461(c)

via ECF https://ecf.dcd.uscourts.gov/doc1/04508537035 or via my public drive

I took the liberty of archiving his Venmo Account too.

affidavit in support of an application for a seizure warrant for approximately $89,875.00 .. in JPMorgan Chase account # [redacted] and $1,000.00 in U.S. currency in Venmo (a Paypal Inc. entity) account # [redacted] with the username @[redacted] belonging to John Earle Sullivan..

Hold up cowpoke, it is almost like someone said in early February;

“So John, let me get this straight. You encouraged the insurrectionist. You filmed yourself committing numerous crimes. And then you sold your crime-videos to numerous mainstream media outlets. The Government is going to seize the tainted largesse” Wait someone did say that on February 18, 2021, and as it turns out…

…probable cause to believe that the Target Proceeds funds are subject to civil forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(C), and criminal forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(C) in conjunction with 28 U.S.C. § 2461(c), as property derived from proceeds traceable to a violation of 18 U.S.C. § 1512(c). Specifically, the Target Proceeds represent the funds Sullivan obtained by filming and selling footage of the January 6, 2021 Capitol riots, which proceeds would not have existed but for Sullivan’s illegal participation in and encouragement of the riots, property destruction, and violence inside the U.S. Capitol in violation of 18 U.S.C. § 1512(c)

REDACTED DOCUMENT by USA as to $89,875.00 U.S. CURRENCY IN ONE JP MORGAN CHASE ACCOUNT AND $1,000.00 U.S. CURRENCY IN ONE VENMO ACCOUNT PURSUANT TO 18 U.S.C. § 981 AND 28 U.S.C. § 2461(c) to 5 Seizure Warrant Returned Executed via ECF https://ecf.dcd.uscourts.gov/doc1/04508537173 or via my public drive

Defendant Motion to Release Funds Seized

May 7, 2021 Defendant Sullivan filed a Motion³ (uploaded to my public drive) to release the $90,875.00 currently seized. In his motion the Defendant argued he is entitled to a entitled to a pretrial hearing concerning the seizure of the funds.

Setting aside the atrocious arguments, a close second is the sloppy nature of Defendant Sullivan’s filing -the date states 2012, and there are numerous typos and incorrect citations. Not the least of which the material misrepresentation of forfeiture and the process…

Defendant Sullivan May 7, 2021 Motion to Release funds

USA Memorandum in Opposition

And unsurprising the Government’s Opposition (via ECF https://ecf.dcd.uscourts.gov/doc1/04508539230

defendant’s motion claims a right to a pretrial hearing and cursorily asserts that he “needs the funds in the seized bank account to pay his rent and household necessities” and that the seized funds “are not the product of criminal activity alleged.”…

Government Opposition Doc 29 May 21, 2021 Page 2

“….requisite nexus between the property and the offense…Fed. R. Crim. P. 32.2(b)(1)(A)…”

Hey remember that time I was told I was wrong about the video and Sullivan and the “knife” well turns out…on page 5 of the Government’s Opposition to Defendant Sullivan’s May 7, 2021 Motion to Release the funds…well here you can read the highlights and what I underlined…and then get back to me.

USA opposition to Sullivan’s Motion re Seizure of Funds

The Government then goes on to use Defendant Sullivan’s own words again him - in their Opposition the Government points to the following statements;

“Everybody’s gonna want this. Nobody has it. I’m selling it, I could make millions of dollars.” The defendant also spoke to someone on speakerphone, stating, “I brought my megaphone to instigate shit. I was like, guys we’re going inside, we’re fucking shit up…. I’m gonna make these Trump supporters f—all this shit up…. But I mean you’ll see. I have it all, I have everything, everything on camera, everything I just told you, and I mean everything. Trust me when I say my footage is worth like a million of dollars, millions of dollars. I’m holding on to that shit.”

Back in February 2021 the Defendant proffered evidence that he had sold the video footage - ergo he unjustly enriched himself and his state of mind is clear because the Defendant is on tape bragging like an arrogant POS - the Government continued to investigate Defendant Sullivan and then uncovered he had sold his footage to at least six media outlets and cumulatively paid over $90,000.00

supporting affidavit alleged probable cause to believe those funds were subject to both civil and criminal forfeiture as property “traceable to” the defendant’s obstruction of an official proceeding in violation of 18 U.S.C. § 1512(c)(2), pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461.

Government May 21, 2021 Opposition

Specifically, the affidavit noted that caselaw has defined “proceeds” broadly “to include any property that would not have been obtained but for the underlying violation of law,”

So for now, we have to wait and see how the court will rule. I do think that the Government made a solid argument as to the seizure of the “unjust enrichment” and the Defendant’s Arguments are unpersuasive and lack both case law and materiality…

You can find the Government’s Opposition to Defendant Sullivan’s Motion to Release the seized funds via my public drive as to the numerous videos cited throughout the filings - you can also find those on my YouTube Account under the John Sullivan Playlist, found here

I’m taking tomorrow off from blogging because I’m working on an easement project and it requires a lot of tedious work trying to find the documents I need.

-Filey

1. The Federal SwitchbladeAct - became Public Law 85-623 - and use this GPO link will take you to the 1958 scanned document - last visited May 21, 2021 https://www.govinfo.gov/content/pkg/STATUTE-72/pdf/STATUTE-72-Pg622.pdf

2. From February 18, 2021 article

Sullivan has a contract with: Contract with; Australian Broadcasting; Left/Right, LLC; Agreement to release video footage with Rocky Mountain Public Media; and License Agreement with CNN… here I uploaded the “memorandum concerning release conditions” to my public drive 

February 16, 2021 Defendant Sullivan filed; Exhibits for previously filed Memorandum Regarding Conditions of Pretrial Release by JOHN EARLE SULLIVAN ECF/PACER Clearly I’m in the wrong line of work - NBC paid him $35,000 after he was criminally charged - I uploaded the exhibit, found here

3. May 7, 2021 - MOTION for Release of Funds Motion to Discharge Order Allowing Seizure of Defendant's Bank Account in Utah by JOHN EARLE SULLIVAN via ECF https://ecf.dcd.uscourts.gov/doc1/04508509979