Stop the Steal’s Alex Jones & Ali Alexander want to “stop the subpoenas”

I loathe myself for ever reading all three recently filed lawsuits. The point is the House Select Committee on Jan6th several district courts have ruled the Committee’s authority and lawfulness.

Dec 22, 2021

In general I rarely write about Alex Jones —mainly because I loathe everything Alex Jones does and fully understand the dangerous rhetoric he espouses. Between his vulgar “Sandy Hook” Conspiracy theory and the other straight up dangerous disinformation. This might be the first and last time I write about ALEX EMRIC JONES. On December 20, 2021 Jones filed a lawsuit in Federal District Court, District of Columbia. Before we dive into Jones & Alexander’s recently filed complaints. I would like to remind you about the scope and authority of the Select Committee To Investigate The January 6 Attack On The United States Capitol - pursuant to H.Res. 503 (side note I know that during the domestic terror attack I tweeted “this is an act of domestic terrorism” and since that time I refused to refer to Jan6th as a “riot” or “mob” or more broadly “Trump Supporters” again the proper term is:

..January 6, 2021 was a deadly coordinated Domestic Terror attack…

And I genuinely wish more in the mainstream media would properly and accurately refer to Jan6th as a Domestic Terror Attack:

“the facts, circumstances, and causes relating to the domestic terrorist attacks on the Capitol, including facts and circumstances relating to… influencing factors that contributed to the domestic terrorist attack on the Capitol and how technology, including online platforms, financing, and malign foreign influence operations and campaigns may have factored into the motivation, organization, and execution of the domestic terrorist attack on the Capitol, and other entities of the public and private sector as determined relevant by the Select Committee for such investigation.”

Jones v. Select Committee To Investigate The January 6 Attack On The United States Capitol

Case No 1:21-cv-03316 via DDC-ECF 1the audacity of Jones’ lawsuit is - well let’s just read the bombastic preliminary statement:

…protect individual liberties and rights as old as the United States Constitution itself, rights that the United States Congress now seeks to suspend in coercive secret proceedings specifically designed to satiate a political witch hunt, bypass constitutional safeguards, and hijack the role of the Executive Branch while threatening criminal prosecution against anyone who dares to assert his rights and liberties against its demands. Alex Jones seeks declaratory and injunctive relief…

As you’ll note (see pages 3 & 4) Alex Jones just can’t help but make this extremely political. He goes as far as to question Defendants Cheney & Kinzinger’s political party affiliations.

“…purportedly a Republican member of the United States House of Representatives and a member of the Select Committee to Investigate the January 6th Attack on the United States Capitol. He is sued in his official capacity only.

The next part of his frivolous complaint is straight out of Trump’s playbook, which has been parroted and fully embraced by Mark Meadows, Jeffrey Clark, etc After all, if the law isn’t on your side, then argue about “the process”… If the process isn’t on your side, then just throw out incongruent “arguments” and see what sticks. What is interesting is in paragraph 15 -Jones finally admits what we’ve all known, Joe Biden won the 2020 Presidential Election, irrespective of the deadly lies Trump & his surrogates tried to brainwash their ardent supporters.

Also I can’t believe I have to say this: NO. Congress does not have any prosecutorial powers to prosecute uncooperative witnesses. Conversely Congress can make a referral to the DOJ (just ask Bannon, Clark and Meadows how that’s going for them). Moving on to paragraphs 28 and 29, respectively. More specifically paragraph 29, Jones’ argument is just factually wrong.

On July 21, 2021 it was Kevin QANON- McCarthy withdrew the five proposed G-QANON members of Congress from the select committee. Yet he has the audacity and temerity to mislead the Court as it relates to the five GOP-QANON members.

Furthermore in paragraph 33, here Jones’ leaves out a very important fact, concerning H. Res. 8, § 3(b)(1) setting aside the predicate that the Select Committee, isn’t considered a “standing committee” …Jones’ makes a conclusory argument that the Select Committee Chairman didn’t consult the ranking member, Rep Cheney. Moreover his argument that the Select Committee will not allow his attorney to be present during his deposition is a textbook conclusory argument…either produced the evidence or understand your argument is fatally flawed.

Meaning thus far there’s been zero public statement that the House Select Committee on Jan6th has denied Jones’ (purported) request to have his attorney present. And while you might disagree with me, I do think the Select Committee endeavors to get Jones in for a deposition is an exercise in futility. Meaning if there’s another avenue to obtain the information from Jones, via another witness then the House Select Committee should cut Jones loose.

What most won’t explain is this is a fight Jones wants, it will help him drive more traffic to his disinformation echo chamber and he will undoubtedly use the Select Committee’s request to fund raise. Because grifters gotta grift and charlatans will always seize an opportunity to be a braggadocios grand stander. None of which is optimal for the House Select Committee.

Again while I might be inclined to give Jones a half gold star surrounding his argument that the Select Committee “doesn’t have a ranking member” —the fatal flaw of his argument (see paragraphs 35 thru 37) in one breath he’s stating there is a ranking member but on the other hand he’s stating that the Congressional Republican Steering Committee never voted on the appointment of Cheney and Kinzinger. That argument is nonsensical partly because the select committee was formed after the 117th Congress’ Rule adoption.

Regarding the House Select Committee on Jan6th - yes I’m going to give you the documents which gives the Committee subpoena and deposition authority. Note that Jones fails to acknowledge the very specific and particularized language in H. Res 503 -I now refer you to pages 10 & 11 of the aforementioned H Res. 503 2 3 - which reads in part:

…(4) The chair of the Select Committee may authorize and issue subpoenas pursuant to clause 2(m) of rule XI in the investigation and study conducted pursuant to sections 3 and 4 of this resolution, including for the purpose of taking depositions.
(5) The chair of the Select Committee is authorized to compel by subpoena the furnishing of information by interrogatory.

…(6)(A) The chair of the Select Committee, upon consultation with the ranking minority member, may order the taking of depositions, including pursuant to subpoena, by a Member or counsel of the Select Committee, in the same manner as a standing committee pursuant to section 3(b)(1) of House Resolution 8, One Hundred Seventeenth Congress.
(B) Depositions taken under the authority prescribed in this paragraph shall be governed by the procedures submitted by the chair of the Committee on Rules for printing in the Congressional Record on January 4, 2021.

And while Jones is absolutely correct that Vice Chair Rep Cheney “practically read 18 U.S.C. §1505 -that is in part that the ongoing obstruction, impeding of a lawful Congressional Investigation into the events leading up to Jan6th, Jan6th’s Domestic Terror Attack and subsequent action thereof… Jones is actually admitting that he is willfully obstructing a proper (and affirmed by two Federal District Judges and later affirmed by the USCCoAs-DC three judge panel)

As you’ll note in paragraphs 44 thru 47 -here Jones attempts to impugn Rep Liz Cheney’s credibility but the subtext here is Jones actually acknowledges that obstructing a lawful Congressional Investigation in of itself is a crime and punishable up to eight years (because Jan6th was a Domestic Terror attack it bumps the five year maximum to eight years)

Moving on to Jones’ feigned I’m being targeted and harasses by so called “purported” Republicans, because I was exercising my Constitutional Right, that is his first amendment rights —again his argument is fatally flawed because “inciting violence” is in fact not protected by the First Amendment, SCOTUS has consistently affirmed the position that “inciting violence” is not protected speech.

Jones is “the target” because he used his immense platform to amplify Trump’s deadly lie, he also coordinated “protestors” (I’d argue they are not protestors, they are domestic terrorist radicalized by both Jones and Trump)

Oh for Pete’s sake Alex your attorney should know better, you don’t plead the fifth, you invoke it on specific questions. Moreover you are not a credentialed journalist, therefore your argument is without merit and you certainly did not cite any case law to bolster your novel argument…

…deposition in Washington, D.C. on January 10, 2022. Jones has notified the Select Committee that he intends to plead his right to remain silent under the Fifth Amendment. The Select Committee has suggested that it may turn to the courts to seek a grant of immunity for Jones and other witnesses.

…Jones has informed the Select Committee that he will assert his First, Fourth, and Fifth Amendment rights to decline to produce the documents requested by the Select Committee, asserting that he engaged in constitutionally protected political and journalistic activity under the First Amendment, that the Fourth Amendment guarantees him a right of privacy in his papers, and that he is entitled to due process and the right to remain silent under the Fifth Amendment.

I’d now like to draw your attention to paragraph 61, here Jones makes yet another conclusory argument. The House Select Committee on Jan6th likely asked for AT & T “toll records” this does not include the content of the call or text messages. What toll records provide, it’s like meta data. Meaning they provide basic data, for example:

Date, Time and Duration of a call
Incoming/Outbound telephone calls/text
Cell tower for originating/received calls/text

Mah—free speech Mah Constitutional Rights

As previously noted the first amendment right, “free speech” SCOTUS has long held that “inciting violence” is not protected by the first Amendment. Moreover Jones doesn’t have the Constitutional right to impede/obstruct a lawful Congressional Investigation. As to his argument concerning attorney client privilege and by proxy the work product doctrine, there is one long established exception; crime/fraud ←do I really have to explain that for the umpteenth time?

And tellingly Jones pivot to the peaceful protest at the ellipse here’s a mashup video of what Trump, Giuliani, Trump Jr and Brooks said hours before the very same Domestic Terrorist they radicalized decided to commit countless acts of Domestic Terrorism

Here’s where Alex Jones’ arguments completely unravel by his own words and actions on January 5th and 6th, respectively:

On January 5, Jones’ posted this video on his website InfoWars.com -Jones whipped up the crowd, telling them crowd in Freedom Plaza -again inciting violence is not at all considered “protected speech”

“We have only begun to resist the globalists. We have only begun our fight against their tyranny. They have tried to steal this election in front of everyone.. I don’t know how this is all going to end, but if they want to fight, they better believe they’ve got one,”

On Jan6th, Jones posted a follow up video -where he stated the following and insofar as to whip up the crowd which had thousands of Domestic Terrorist in attendance Jones stated, which is colloquially known as “fighting words” —to be intellectually honest, to Jones’ credit he did slip in the word peaceful and told the crowd that he whipped up into a frenzy to not attack police. Irrespective of what some might (incorrectly) say about me, I do try my level best to give my readers both sides of the argument. Because that’s what intellectually honest people do, they present facts, and both sides of the argument —with the intent to help their readers understand both points of view.

“We declare 1776 against the new world order.… We need to understand we’re under attack, and we need to understand this is 21st-century warfare and get on a war-footing….We’re here to take our rightful country back peacefully, because we’re not globalist, antifa criminals. So let’s start marching, and I salute you all….
We’re not antifa; we’re not BLM. You’re amazing. I love you. Let’s march around the other side, and let’s not fight the police and give the system what they want. We are peaceful, and we won this election. And as much as I love seeing the Trump flags flying over this, we need to not have the confrontation with the police. They’re gonna make that the story. I’m going to march to the other side, where we have a stage, where we can speak and occupy peacefully…

I really recommend that you watch this PBS Frontline segment -it is almost entirely focused on Alex Jones - also you might find Alex Jones’ November 2021 statement (posted on his infowars website and nope I’m not linking to it -mainly because I do not intentionally ever amplify disinformation. His Statement went as far as describing the house select committee of being a worse "witch hunt" —unbelievably Jones then compared the House Select Committee to the disgraced Republican senator Joseph McCarthy, who repeatedly and falsely claimed hundreds of Communists had some how infiltrated the U.S. government.

Moving on to pages 17 and 18 -irrespective of Jones’ arguments, he can not ameliorate the fatal flaw of his argument. That is Kevin QANON McCarthy withdrew the five names —therefore Speaker Pelosi can’t be held responsible for “failing to appoint the five Republicans” because McCarthy forfeited that when he withdrew their names.

Recent Lawsuits re: House Select Committe on Jan6th

December 15, 2021 “Freelance Journalist” Amy Harris
December 17, 2021 Ali Alexander (DDC-ECF)
December 20, 2021 Ales Jones (DDC-ECF)

Because Alexander and Jones’ lawsuits are largely mirrored, if not near exact replicas, I decided to not dive into Alexander’s complaint because I still want to know if the House Select Committee on Jan6th plans to follow Alexander’s cryptocurrency- again “follow the money”

Infowar Owen Shroyer blew up his DPA…

For those unaware on December 29, 2019 Defendant Shroyer was criminally charged in DC Superior Court. See docket and case info via DC Superior Court -(their website has been down since 3PM today) D.C. Superior Court Case Num. 2020 CMD 000820

On February 25, 2020, defendant Shroyer entered into a Community Service Deferred Prosecution Agreement (“DPA”) with the government. This required him to complete 32 hours of verified community service and to adhere to the terms and conditions on his DPA. The Government noted that as of January 6, 2021 Defendant Shroyer failed to complete the mandatory Community Service. After Jan6th the Government withdrew the DPA.

In addition to the community service, defendant Shroyer was prohibited from being disruptive on Capitol grounds, that includes the Capitol building itself. To be clear these facts were disclosed in the Government’s November 12, 2021 Memorandum in Opposition by USA as to JONATHON OWEN SHROYER re 8 First MOTION to Dismiss Count 1-4First MOTION to Dismiss Case (see DDC-ECF)

And lastly lest you forget that on August 27, 2021 Infowars – Owen Shroyer, who was charged with: Count (1) Entering and Remaining in a Restricted Building or Grounds, in violation of 18 U.S.C. § 1752(a)(1); Count (2) Disorderly and Disruptive Conduct in a Restricted Building or Grounds, in violation of 18 U.S.C. § 1752(a)(2); Count (3) Disorderly Conduct in Capitol Grounds, in violation of 40 U.S.C. § 5104(e)(2)(D); and Count (4) Obstructing or Impeding Passage through or within Capitol Grounds, in violation of 40 U.S.C. § 5104(e)(2)(E)

Shroyer Criminal Information
ShroyerComplaint & Statement of Facts
Minute Entry for proceedings held before Judge Timothy J. Kelly: Motion Hearing as to JONATHON OWEN SHROYER held on 12/20/2021.
- Defendant appeared by video. Oral argument heard on Defendant's 8 First MOTION to Dismiss, and taken under advisement.
- Speedy Trial Excludable (XT) started 12/20/2021 through 1/20/2022, in the interest of justice.
- VTC Status Conference set for 1/20/2022 at 10:00 AM before Judge Timothy J. Kelly. Bond Status of Defendant: Remains on Personal Recognizance;

See Shroyer’s Jan5th Video Patriots Descend Into The Swamp To Save America Also see Defendant Shroyer’s Delivers Bombshell Update On Trump Mindset As Millions Descend On DC

What’s next?

As it relates to both Alexander and Jones’ lawsuits - I suspect the House Select Committee on Jan6th will dispatch both of their complaints in quick order. As for the “freelance journalist” Plaintiff Amy Harris -it should be pointed out that the Select Committee on Jan6th has not sent her a letter, or subpoena or requested she avail herself to a deposition. And while I agree with the premise of her Lawsuit, that this could have a chilling effect on Journalist —it seems improper and oddly this freelance journalist outed herself. So my point is for now we have to wait and see but I don’t think any of these cases has solid footing or particularized “concrete injury” which is required when seeking a preliminary injunction…

Also here’s your prerequisite saltwater moment of zen…

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I’m hitting the road but had a few moments to edit this article —and the parting thought is, tomorrow and Thursday are going to be an eighteen plus hour day for me. Provided I don’t use the block of hotel rooms my employer reserved for those of us down at the State Capitol but considering I almost fell asleep at the wheel last night, I just might use a hotel room because driving three hours back to DC after arriving down here by 7AM —even I know my limits. That said if I do have time I might publish an article, I’m currently working on four, two of which have to do with the recent extradition of a Russian hacker. At any rate I hope this article helped you understand the newly filed lawsuits. And as always if you have questions, please feel free to comment.

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