Why has Donald Trump, Mark Meadows, Kash Patel and others not been indicted?

Aiding and Abetting a deadly Domestic Terror Attack. Violating not just the oath of office but his actual duty updated with additional documents

Full disclosure I accidentally pushed the publish button and I wasn’t done writing -so you’ll note the addition of previous reporting (specifically the DOD Jan8th contemporaneous timeline and General Walker’s testimony —I think the House Select Committee is zeroing in on the nearly four hour delay even thought General Walker testified that his troops were ready but the “new memo” reigned in his authority and he was required to wait for the acting Secretary of Defense (and his seditious lackey Kash Patel)…

This isn’t an attack on the DOJ or Attorney General Garland…

And yes I understand that some of my readers are tired of me constantly referring to Jan6th as a deadly Domestic Terror Attack. Too bad. That’s what Jan6th was, a domestic terror attack —whereby Trump (with the help of complicit surrogates and Fox News, OAN and Newmax) helped radicalized hundreds of thousands and more likely millions of Americans to attack our Democracy. The attacks on our fragile democracy have not stopped. If anything they have intensified and numerous Republican controlled state houses have subsequently passed laws to make pulling off an attempted coup all the more possible. And that should make your blood run cold.

Sunday Morning Talkshows & the Select Committee and proffering of new facts:

Based on Rep Liz Cheney’s Sunday talk show appearances -it is uncomfortably clear that previous public reporting was in fact accurate. That the House Committee now has sworn testimony that people in the very inner circle of Trump’s authoritarian-dystopian reign pleaded with Trump to call off his supporters aka the very same domestic terrorist he radicalized. That Ivanka Trump twice pleaded with her father. To be clear I’m taking Reps Cheney & Thompson appearance on face value.

ABC News @ABC

Rep. Liz Cheney, the top Republican on the House select committee investigating the Jan. 6 assault on the U.S. Capitol, said former Pres. Donald Trump is "clearly unfit for future office, clearly can never be anywhere near the Oval Office ever again."

abcn.wsRepublican Liz Cheney calls Trump ‘clearly unfit for future office’George Stephanopoulos interviews Rep. Liz Cheney, R-Wyo., on “This Week.”

But one thing I can’t help but fixate on is Ivanka Trump’s selective leaking. Which always has the goal of making “her and Jared” look good. The fact is someone within Trump’s most inner circle recently gave sworn testimony to the Select Committee. My educated guess is that witness was/is Keith Kellogg

If you recall back in November 2021 the House Select Committee went on a subpoena-lalapalooza

Keith Kellogg, who served as Vice President Pence’s National Security Advisor, reportedly participated in at least one January 2021 meeting with the former President and Pat Cipollone during which the former President insisted that former Vice President Pence not certify the election. He was reportedly in the White House with the former President as he watched the January 6th attack unfold and has direct information about the former President’s statements about and reaction to the insurrection. During that day, it is reported that Lt. Gen. Kellogg met with the former President and others before the rally at the Ellipse and then, after the rally, he urged the former President to send out a tweet to his supporters at the U.S. Capitol to help control the crowd.

Yet the specificity Rep Cheney offered is astounding. And to be clear I’m not a Liz Cheney fan but I can respect her for her un-breakable courage to give facts and the truth a clarion voice. That doesn’t mean that I’m 100% all in for Rep Cheney, simply that I believe her and respect her willingness to help the American people understand what role Donald J Trump played.

We are learning much more about what former President Trump was doing while the violent assault was underway,.. The Committee has firsthand testimony now that he was sitting in the dining room next to the Oval Office watching the attack on television as the assault on the Capitol occurred."

"The briefing room at the White House is just a mere few steps from the Oval Office…The president could have at any moment walked those very few steps into the briefing room, gone on live television and told his supporters who were assaulting the Capitol to stop, he could have told them to stand down, he could have told them to go home and he failed to do so."

The House Select Committee Chairman Bennie Thompson also appeared Sunday’s Meet the Press and also proffered new information:and todays disclosure is bad for: Reps Jim Jordon, Scott Perry, Mo Brooks, Matt Gaetz, Paul Gosar and Senators Lee and Tommy Tuberville.

We have a lot of information about communication with individuals who came. Now, ‘assisted’ means different things. Some took pictures with people who came to the ‘Stop the Steal’ rally. Some, you know, allowed them to come and associate in their offices and other things during that whole rally week. So, there’s some participation.

We don’t have any real knowledge that I’m aware of people giving tours. We heard a lot of that, but we’re still, to be honest with you, reviewing a lot of the film that the House administration and others have provided the committee.

Meet the Press @MeetThePress

WATCH: Rep. Thompson (D-Miss.) talks about working with Jan. 6 co-chair Rep. Liz Cheney (R-Wyo.) @BennieGThompson: “If Democrats and Republicans … like [us] can come together for the good of this country, we'd be in a better place if others could do the same.”

Is the DOJ actively investigating Donald Trump & his inner circle

Back in March of 2021 -then acting US Attorney Sherwin agreed to an in-depth sit down interview with 60 minutes, you can read more here…

in August of 2021 I decided to take a closer look at the statutes concerning the fifth superseding indictment of the Oath Keepers and opined that could be investigated by the DOJ as it relates to Donald Trump’s conduct on Jan6th, You can read more here and I highly recommend that you reread that August 2021 article, I think I did a decent job of laying out the facts or at least the set of facts we knew at the time

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)

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. § 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, distrib￾utes, 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

Just before the new year the Department of Justice published this one year update and to be clear I had no reason whatsoever to question the former “acting” US Attorney-DC. My growing ire is secular to the most recent “acting” US Attorney Channing Phillips because he took over in late March 2021. The one year DOJ USAO-DC summary includes the following data points:

• Arrests made: More than 725 defendants have been arrested in nearly all 50 states and the District of Columbia. (This includes those charged in both District and Superior Court).

Criminal charges:

• More than 225 defendants have been charged with assaulting, resisting, or impeding officers or employees, including over 75 individuals who have been charged with using a deadly or dangerous weapon or causing serious bodily injury to an officer.

  • Approximately 140 police officers were assaulted Jan. 6 at the Capitol including about 80 U.S. Capitol Police and about 60 from the Metropolitan Police Department. 

• Approximately 10 individuals have been arrested on a series of charges that relate to assaulting a member of the media, or destroying their equipment, on Jan. 6.

• Approximately 640 defendants have been charged with entering or remaining in a restricted federal building or grounds.

  • Over 75 defendants have been charged with entering a restricted area with a dangerous or deadly weapon.

  • More than 45 defendants have been charged with destruction of government property, and over 30 defendants have been charged with theft of government property.

• At least 275 defendants have been charged with corruptly obstructing, influencing, or impeding an official proceeding, or attempting to do so.

• Approximately 40 defendants have been charged with conspiracy, either: (a) conspiracy to obstruct a congressional proceeding, (b) conspiracy to obstruct law enforcement during a civil disorder, (c) conspiracy to injure an officer, or (d) some combination of the three. 

Now I’d like to remind you of this long forgotten YouTube video become the fact is the DOJ should be lauded for how they are dogmatic in being the full weight of the DOJ to bear on the domestic terrorist but it would be intellectually dishonest to say the DOJ should be critiqued or criticized —the first few moments of the video below include the MPD Civil Unrest data regarding the Summer of 2020 juxtaposition against Jan5th & 6th respectively.

There is no moving on…

Until we get to see Donald J Trump in a perp walk. And any of his close surrogates (like Mike Flynn, Steve Bannon, Mark Meadows, Kash Patel, Ezra Cohen, Rudy Giuliani et al -perp walks) charged & indicted for attempting to over throw our Government.

Do you know what’s unpatriotic? Denying that you lost in a fair and free election and then radicalizing thousands of Domestic Terrorist who beat the shit out of law enforcement. That’s textbook unpatriotic.

And lastly as I mentioned in the August 2021 article, math isn’t my strong suit but even I could see the threndline of what appears to have been a slow rolling of various criminal complaints and/or indictments. Again these numbers are from August 2021 and obviously some of that data is outdated

• 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

..mens rea and actus reus…

Remember that time a certain person kept asking “OMFG you had the DC National Guard ready to go” but then the White House (yes Kash Patel I’m looking right at you) delayed for nearly four hours” meanwhile over 140 law enforcement officers put their bodies on the line to hold the line thereby protecting our Democracy? That the DC National Guard’s General Walker providing the most damning testimony

• I trust the House Select Committee and you should too

• The House Select Committee has zero issues sending the DOJ a criminal referral (just ask Steve Bannon, Mark Meadows and Jeffrey Clark ←who should at a minimum face a DC bar ethics panel review and possible suspension of his law license) so if the Committee finds criminality I trust them to make the prerequisite criminal referral

• By all observations the House Select Committee is zeroing in on the nearly four hour delay by the DOD and DC National Guard (Kash was it worth it? Mr Order of Ineptitude -was it worth 140+ law enforcement officers sustaining permanent injury? Or that Jan6th resulted in the death of five law enforcement officers, four of whom died by suicide

Pay very close attention to the 2:30 minute marker -the select committee is seeking “exact records” to better inform the Committee to fully understand what occurred during those 187 minutes. (It’s almost like someone has repeatedly stated that delay was a delay with deadly consequences and perhaps that is why I refuse to let that delay go unscrutinized and thankfully the House Select Committee is determined to get to the facts, no matter where they lead…

…There are things in terms of communication between the Department of Defense and the [DC] National Guard …between state and local law enforcement…187 minutes of inaction… he made several videos until he finally tweeted that video…

Again this isn’t a direct criticism of the DOJ - I do trust the newly confirmed US Attorney for DC. Graves has a lot of catch up and I know he’s doing his level best. On one hand perhaps the DOJ is waiting for a criminal referral because the institution of the FBI and more broadly the DOJ was harm, possibly irreparable harm under the Trump Administration and AG Barr —that they don’t want to the continued perception that the DOJ is a political weapon -but at a certain point you have to start asking:

Is the DOJ investigating Trump & his co-conspirators…

Because that is a reasonable question and I am not ready to move on until those responsible for the Jan6th deadly Domestic Terror Attack on our Government, until Trump & his coconspirators are held accountable for the danger, death and destruction they caused. I do think that the select committee is attempting to find both “mens rea and actus reus” and I’m taking an educated guess that is why they are zeroed in on the nearly four hour delay to get boots on the ground. Meaning the Committee is likely trying to find evidence that Trump knew how dire and deadly the situation was and he was grossly (criminally) negligent in his failure to order the DOD to get the DC National Guard to the Capitol. Yes I know that’s a lot to process, nonetheless I do think it’s important to remember these facts:

On January 8, 2021 the Defense Department via this Press Release, provided the American People with a detailed tick-tock

Planning and Execution Timeline for the National Guard’s Involvement in the January 6, 2021 Violent Attack at the U.S. Capitol

The Department of Defense posted a detailed planning & execution timeline for the National Guard’s involvement in the January 6, 2021 violent attack at the U.S. Capitol. The document can be found here.

You can read more via this March 2021 article - I sourced the ___ out of that article and pointed to important exchanges between lawmakers and General Walker

Lastly here’s you daily saltwater therapy…the DMV (DC MD VA) 4-8” of snow in the forecast for tomorrow so I convinced my family to stay down at the beach house “just a little longer —I’m not ready to fire up our snowblower”…and within an hour of making that decision we received a call from the PIO stating a delay but possible school closure for inclement weather.

Be Well -Filey

file411_dc

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PS - late last week I did a document dump but contained in that December 30, 2021 article was this 81 page DHS FOIA production and this is more important then most of you realized. The DMV (DC MD VA) has a regional TaskForce -read pages 20 et seq and you’ll note that DHS, FPS and the Capitol Region TaskForce were updating DHS in almost real time. This is important because I think the House Select Committee is in fact zeroing in on what Trump did in the 187 minutes while hundreds of law enforcement officers were in an hours long hand to hand combat with Trump’s Domestic Terrorist…

Note on page 22 - what was being updated and who received the updates…

Again there’s nothing magical in what I’m pointing out -these are publicly available documents, you just need to know where and what to look for. In this example I pointed out three separate FOIA productions but the third FOIA production has 81 pages of communiques. Again there’s nothing magical about these documents, you just need to know where & what to look for.