January 6th Plea Deals -why are we okay with the Government entering plea agreements?

Why entering into plea agreements with defendants that are current or recent Military is beyond egregious - it’s down right offensive and I’ll explain why in this article

Point of Personal Privilege and prerequisite framing:

Collectively my immediate family (grandfather, father & siblings) have a combined 75+ years of Military service to our Country. There’s an inherent sense of pride and patriotism. Notwithstanding the tie that binds; irrespective of your political party/affiliation the one undeniable commonality is their service was “for the love of our Country” —admittedly I struggled with “do I write about this or do I let it be” —clearly I choose the latter. And I’m not even going to address the defamatory smears that “I’m a foreign government operative” or (the most laughable & vile) “I’m a North Korean spy” (racist much?) These disgusting smears are beneath any fulsome response. Although it is not at all lost on me that those who started these smears, they nor their family have ever served our Country. I’m writing this from the point of view of someone who’s family has a long & distinguished history of military service to our Country. And when I say I’m thankful for their service to our Country —I genuinely mean that with one notable exception: if you beat the shit out of numerous law enforcement officers, attack the citadel of our Democracy all in the service of your “dear Orange leader” —any gratitude that you are afforded, it is now completely superseded by your acts of Domestic Terrorism. Caprice?

Congress to the Biden Admin & Dept of Defense;

“clean up your white supremacy yard”

On January 25, 2021 Representative Jackie Spier wrote a letter to President Biden, Defense Secretary Lloyd Austin and ODNI Avril Haines. In that letter Rep Spier cited the growing number of previous and current public reporting concerning the growing problem facing the Defense Department and rooting out believers of White Supremacy and other race based ideologies. I’d like to draw your attention to page 3 of the nearly one year old letter, which reads in part:

…directing all relevant agencies to update the background investigation process to incorporate a review of social media information to identify white-supremacist or violent-extremist ties. This would involve, at a minimum, updating the Office of Personnel Management’s Standard Form 86 to ask applicants for national security positions to disclose all social media platforms on which they participate and all social media handles used and to grant permission to share nonpublic social media information with investigators

Below are links to the various public reporting cited in the January 25, 2021 letter

• Leo Shane III, “Signs of white supremacy, extremism up again in poll of active-duty troops,” Military Times, February 6, 2020.

• Allyson Chiu, “U.S. Soldier Plotted with a Satanic Neo-Nazi Cult to Stage ‘Murderous Ambush’ on His Unit, Feds Say,” The Washington Post, June 23, 2020.

• Neil MacFarquhar and Thomas Gibbons-Neff, “Air Force Sergeant with Ties to Extremist Group Charged in Federal Officer’s Death,” The New York Times, June 16, 2020.

• Michelle L. Price and Scott Sonner, “Prosecutors: 3 Men Plotted to Terrorize Vegas Protests,” -Associated Press, June 3, 2020.

• Evan Perez, Shimon Prokupecz, Katelyn Polantz, and Barbara Starr, “Two Men Carrying Plastic Restraints During Capitol Riot Charged by Feds,” CNN, January 10, 2021

• Greg Jaffe, Dan Lamothe, and Julie Tate, “Conspiracy theories and a call for patriots entice veterans at the Capitol,” -Washington Post, January 15, 2021

• Tom Dreisbach and Eric Westervelt, “Authorities Identify Woman Killed by Police During U.S. Capitol Rioting,” National Public Radio, January 7, 2021

In the early Spring of 2020 I published a series of articles (found here, here, here, here, here which repeatedly included the following memorandum from the DOD:

• On February 5, 2021 the Department of Defense issued the following press release - which ordered; “commanding officers and supervisors at all levels to select a date within the next 60 days to conduct a one-day "stand-down" to discuss extremism in the ranks with their personnel” https://www.defense.gov/Newsroom/Releases/Release/Article/2495924/dod-stand-down-to-address-extremism-in-the-ranks/

• link to Department of Defense Instruction (DoDI) 1325.06 found here: https://media.defense.gov/2021/Feb/05/2002577485/-1/-1/0/STAND-DOWN-TO-ADDRESS-EXTREMISM-IN-THE-RANKS.PDF both last visited on April 1, 2021

Remember when a certain Twitter account repeatedly warned their followers that in the coming months post Jan6th;

“you need to mentally prepare yourselves because undoubtedly it will be discovered that active and retired duty service members, law enforcement and first responders engaged in the deadly domestic terror attack”

…at the time I took some heat for making that assertion. Which is fine, I knew the facts would come out and most importantly just because someone can accurately forecast/predict that doesn’t mean that person was wrong. It merely means other individuals are finally catching up. However we are now at the critical mass stage. We need to have a more fulsome discussion, which will result in uncomfortable questions for the Department of Justice…

According to the ongoing and growing body of research by The GW’s Program on Extremism —unfortunately what many originally thought was a plausible theory, turns out it’s not a theory it is now an unimpeachable body of facts.

In chronological order (oldest to newest):

• "This is Our House!": A Preliminary Assessment of the Capitol Hill Siege Participants -published March 2021

• "This is War" Examining Military Experience Among the Capitol Hill Siege Participants -published April 2021

• "This is the Aftermath": Assessing Domestic Violent Extremism One Year After the Capitol Siege -published January 2022

I genuinely recommend that you follow @SeaMusHughes -his research and that of his team is absolutely invaluable. I’d also recommend you follow @GWUPoE the body of facts and consistent factual reporting is absolutely laudable. Like many of you I enjoy facts. Largely because facts do not need over-hyped drama or exaggeration. Facts stand on their own. More importantly facts should supersede “rumor, innuendo and straight up incongruent conspiracy theories” Just give me the facts and no one will get hurt (figuratively speaking).

With the one year anniversary of Jan6th 6, 2021 the Department of Justice (DOJ). published the current “state of play” -found here in the January 2022 update you’ll note the following:

…Approximately 165 individuals have pleaded guilty to a variety of federal charges, from misdemeanors to felony obstruction, many of whom will face incarceration at sentencing.

• 145 defendants have pleaded guilty to misdemeanors. 

• Where as Twenty defendants have pleaded guilty to felonies.

• Of that aggregate Six of those Defendants who have pleaded guilty to felonies have pleaded to charges related to assaults on law enforcement. Four face statutory maximums of 20 years or more in prison as well as potential financial penalties. Two face statutory maximums of eight years in prison as well as potential financial penalties.

Recent CBS News Investigative Report:

However on December 15, 2021 CBS News published an updated and far more detailed report -specifically focusing on current or former service members. The data isn’t just alarming it should make you slightly horrified. The CBS News Report/Investigation states, As of Mid-December 2020;

“…at least 81 current or former service members face charges and are accused of participating [in the 2021 Capitol attacks..”

Active Duty Military Member Jan6th Defendants & USAO-DC Plea Agreements. Stop. Just. Stop.

This goes without saying but nonetheless I felt compelled to reiterate…

When did the DOJ unilaterally decide to not ask for Detention pending trial. Again I’ve previously railed at the fact the (then acting) USAO-DC haphazard approach as to numerous Defendants. Perhaps I’m too idealistic that my assumption is, if you beat the ever loving shit out of law enforcement, you engage in a violent and deadly domestic terror attack your ass should be in jail pending trial. And when did we as a society become a-okay with the DOJ offering and executing sweet “Plea Agreements” with Domestic Terrorist?

…Rule of Law something-something…

Of those defendants identified by CBS News, current five of those defendants are “actively serving members of the Armed Forces” -for example (unless otherwise specified embedded links are straight from the USAO-DC Capitol Violence database: https://www.justice.gov/usao-dc/capitol-breach-cases) or or you can pull down the November 2020 indictment filing via my Scribd Account

Defendant Major Christopher Warnagiris

• May 13, 2021 Major Christopher Warnagiris; see DOJ-OPA Release, also see May 2021 Article. On December 2020 Indictment (via DDC-ECF or via my Scribd Account)

  • On January 5, 2021 the Government filed an: UNOPPOSED MOTION TO CONTINUE (see DDC-ECF or via Scribd ) asking the court to grant a 60-day continuance — I now refer you to page 2 and the second to last paragraph. Do you see what’s highlighted & underlined?

Thus, the Government seeks additional time to disclose discovery, allow counsel time to review and consider that discovery, and to engage in plea negotiations that could result in an agreeable plea that would preserve judicial resources.

Lest you think I am reading the Government’s January 5, 2022 Motion incorrectly. Spoiler: I’m not reading it incorrectly, because unlike some I actually read every page and know what to look for. Weird it’s almost like I get paid to pay attention to tiny details *almost*…on page 4 -this should leave zero doubt. There is absolutely zero ambition here, NONE. Conversely I’d like to know how/why the USAO-DC believes a plea agreement with an active duty Marine who beat the ___ out of numerous law enforcement officers is “in the public interest” because I think that’s offensive but I’m willing to hear the Government’s rationale, albeit I’ll be skeptical but the following paragraph is crystal freaking clear

…The parties would like to engage in plea negotiations and request additional time to engage in those discussions. Accordingly, the ends of justice served by granting a request for a continuance outweigh the best interest of the public and Defendant in a speedy trial.

Defendant Jeffrey McKellop

Defendant Jeffery McKellop was TDY’d to Marine Helicopter Squadron One Unit, this is actually pretty important. Marine Helicopter Squadron One primary mission is Marie #1 and Marine #2 —the helicopter(s) that transport the President of the United Stares. The fact that the USAO-DC actually filed a Motion to Detain Defendant Jeffrey McKellop -pending trial is actually laudable (see occasionally I like to be fair and balanced) —However if you take the time to read the November 2020 Indictment you’ll note Defendant McKellop was indicted for assaulting FOUR law enforcement officers. Some of whom sustained serious and permanent injuries, FFS Defendant McKellop used an American Flag Pole to stab and beat numerous law enforcement officers…

• See DOJ-OPA Case Status as to Defendant Jeffrey McKellop

• See April 2, 2021 published Substack Article

• See November 10, 2021 SUPERSEDING INDICTMENT as to JEFFREY MCKELLOP (1) count(s) 1s-4s, 5s, 6s, 7s, 8s, 9s, 10s, 11s, 12s (via DDC-ECF)

• On January 7, 2022 the following MINUTE ORDER was docketed

  • The Court has been informed that Defendant JEFFREY MCKELLOP wishes to retain new counsel. Accordingly, it is ORDERED that new counsel shall enter an appearance by January 14, 2022. The status conference set for January 7, 2022 is RESET for January 21, 2022 at 10:00 am. Signed by Judge Carl J. Nichols on January 7, 2022.

…and that January 7, 2022 Minite Order is in fact notable. Nearly every entry made from May 2021 to November 2021 docket unquestionably signaled the parties were inching closer to a plea agreement. In various court filings the Government argued Defendant McKellop used his specialized training as a Green Beret (with his last known assignment to the 3rd Special Forces Group. Defendant McKellop’s twelve count indictment includes; assaulting, resisting, and impeding law enforcement officers and the Government added the “enhancement” that Defendant McKellop used a dangerous weapon and thusly inflicted significant bodily injury, and this enhancement is also tied to him :engaging in physical violence with a deadly weapon” - I’m not exaggerating Defendant McKellop used an American Flag Pole, a Betsy Ross Flag pole and yes Trump/Pence flag pole —in his assaultive behavior which resulted in at least four law enforcement officers sustained significant injuries, some of which are permanent.

Other notable Military defendants:

Defendant Timothy Hale-Cusanelli - Hale-Cusanelli - Complaint, Hale-Cusanelli - Statement of Facts and Hale-Cusanelli - Indictment and while the docket doesn’t overtly show Defendant Hale-Cusanelli might (operative word) be in earnest plea agreement discussions —I think a reasonably informed person might conclude that a plea agreement might (again operative word) be on the table.

• In March of 2021 CNN published Timothy Hale-Cusanelli: Navy probe finds contractor charged in Capitol insurrection was well-known Nazi sympathizer

• In October of 2021 the Washington Post reported that Defendant Hale-Cusanelli was not only demoted but he was formally discharged from the Military

• On July 7, 2021 I explained to my readers why the July 7, 2021 US Circuit Court of Appeals-DC (USCA-DC) ruling was unquestionably important

• And in August of 2021 I repeated why the July 7, 2021 USCA-DC ruling was important and the direct impact it would and should have on other Defendants being detained pending trial

• See December 3, 2020 Minute Entry for proceedings held before Judge Trevor N. McFadden:

  • Status Conference as to TIMOTHY LOUIS HALE-CUSANELLI held via videoconference on 12/3/2021. Motions in Limine, motions to suppress, and notices for experts due by 3/25/2022;

  • Oppositions due by 4/15/2022; Replies due by 4/22/2022. Motion Hearing set for 4/29/2022 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden.

  • Joint Proposed Voir Dire and Joint Proposed Jury Instructions due by 4/22/2022. VTC Status Conference set for 1/21/2022 at 3:00 PM before Judge Trevor N. McFadden.

  • Time under the Speedy Trial Act is tolled from 12/3/2021 to 1/21/2022, in the interests of justice. Bond Status of Defendant: remains committed.

Emily Rainey eventually resigned her post as an active-duty Psychological Operations Officer, she bragged that through her Moore County Citizens for Freedom County group -she and at least 100 others traveled to Washington DC to North Carolina. As previously reported by the Associated Press on January 11, 2021 and to date the DOJ has not charged her. You can run the same search I did via the DOJ-USAO-DC Capitol Violence Database or run a query via the DDC-ECF or via The GW Extremism database — I even went as far as to quadruple check CM/ECF Information | Western District of North Carolina, CM/ECF | Middle District of North Carolina and that’s why I’m confident in stating she was never charged by the DOJ.

Summary and why this matters…

Because if you really drill down on the January 6, 2022 DOJ-OPA Release of the 725+ defendants (do NOT get me started on the obverse disparity of the Summer of 2020 versus the January 6, 2022 update in cases/defendants) very and I mean very few of these Domestic Terrorist are currently sitting in a jail cell. Again you can disagree with me, but I will hold my ground that of you are a Domestic Terrorist that participated in the deadly Jan6th Domestic Terror attack - you should not be “living your best life” because the (then acting) US Attorney for DC failed to file a motion to detain. If there are multiple videos of you beating the shit out of law enforcement officers, you should not be afforded an RoR or unsecured bond.

The fact that a subset of Defendants are either current or retired Military and/or law enforcement - it seems unconscionable that the USAO-DC isn’t pushing to detain these Defendants. Moreover it is beyond offensive that the DOJ has and will likely continue to enter into plea agreements. Eight yes EIGHT Americans died, albeit four law enforcement officers died by suicide. Last week I stated that I wouldn’t attempt to censor myself. And not to belabor the point, Attorney General Merrick Garland is exactly what the American people need. His pragmatic approach has in fact earned my trust. My main target of constructive criticism is solely targeted to the (former) “acting” US Attorney - under his leadership the USA(-DC made numerous prosecutorial mistakes and that isn’t something I enjoy highlighting.

Attorney General Garland did NOT make an announcement of a Special Counsel but boy he threw down like a judicial gladiator

Notwithstanding the growing fact files certainly indicates that the DOJ specifically the USAO-DC appears to be amenable to entering into plea agreements. But if you are current or former military, that oath…

“…support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same…”

As members of our Armed Services - that oath is a lifetime oath. It’s not a pick and choose, that you entered our Military to defend the United States of America—yet I can’t actually reconcile how the DOJ thinks plea agreements for current or former members of the Military is in any way acceptable. To be clear

..Plea agreements for current & former Military is absolutely unacceptable…

Largely because what kind of message do you think this sends to other Domestic Terrorist, that unarguably Donald J Trump radicalized. It sends a message that the DOJ is taking the easy way out via a plea agreement and that in of itself is absolutely infuriating. In the immortal words of Heather Heyer:

…if you’re not offended -then you’re not paying attention…

And your reward for slogging through this article - back in late October 2021 I sent the following video to a family member. He’s an award winning videographer. He also has access to some pretty fancy video analytics. The one phenomenon that I’ve spent most of my adult life chasing “the elusive green flash” yesterday he pinged me to say based on his expertise he’s “confident…I captured the green flash” —I didn’t want to publish the video until I had him weigh in - so pay attention to minute marks 0:21 thru 0.24. He examined the metadata & frames per second (I shot the video in 4K) and specs of the aperture and more broadly the DSLR camera lens. So enjoy.

file411_dc

A post shared by File411 (@file411_dc)

Also to see your expectations I’m taking tomorrow off because having your jaw drilled in 6 places - welp there’s a high likelihood that I’ll be on liquid pain medication and setting aside my proclivity of making spelling errors -I won’t put my readers through the arduous task of reading any articles that was likely written/edited while on pain meds. Because come on - you know what that word salad would probably include. So I might be back on Friday January 14, 2022 or I might not. Until then. Be Well. Be Informed…and most importantly be happy

-Filey

PS this article was recently updated to include links to my Scribd Account based on a recent LexisNexis search it has not been widely reported that the DOJ is actively in plea agreement negotiations with Defendant Warnagiris. That should make you offended and if you’re not then I can’t actually help you. Mainly because it’s not my job to tell you what to be offended about -but the plea agreement for current active duty or former members of our Armed Services—is beyond offensive, it’s down right infuriating