LIVE: Follow along for Day Nine of the Oath Keepers sedition trial

Daily Kos Staff

Monday October 17, 2022 · 6:29 AM PDT

2022/10/17 · 06:29

The seditious conspiracy trial of Oath Keeper founder Elmer Stewart Rhodes and four of his foot soldiers in the alleged attempt to stop the peaceful transfer of power on Jan. 6, 2021 continues Monday. Live updates from inside the E. Barrett Prettyman United States Courthouse will post here in the Daily Kos live blog.

UPDATE: Monday, Oct 17, 2022 · 9:01:03 PM +00:00 · Brandi Buchman

That does it for today and we are back for Day 10 on Tuesday.

UPDATE: Monday, Oct 17, 2022 · 8:58:43 PM +00:00 · Brandi Buchman

Defense has agent read a msg from Siekerman to DC OP Jan 6 21 channel that expounds on how OKers were ex-military, often running into the sounds of battle etc and families have been so patient
Meggs responds on Jan 2, saying they've taken on Roger Stone's security detail.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

We see text entered into evidence now from "Rook" to DC OP Jan 6 21 chat on Jan 3 in which "Rook" says that USCP/Metro PD were "not our friends. Defense atty also notes Watkins sent a text saying USCP were "awesome"
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Woodward's defense is meant to cast doubt on the integrity of the FBI's investigation of Oath Keepers involvement in 1/6. Today, Woodward does this by raising qs of why FBI didn't ask hotel for footage from before Jan 5 at 1pm.. agent says FBI didnt realize at time of request...
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

That ends the trial day. And jurors are excused.
Defense attorney Woodward has a baby on the way with his wife and right now, w/jurors out of the room, he's trying to figure out how he'll have himself covered for trial
He mentions, after saying his wife doesn't read Twitter...
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

If he can arrange for her to go into labor on a certain day, he'll do that.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 8:29:07 PM +00:00 · Brandi Buchman

Notably in this exchange, we also see Rhodes say that at a previous gathering, Oath Keepers teamed up with the 1st Amendment Praetorian Guard to provide personal security detail for Flynn
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 8:23:03 PM +00:00 · Brandi Buchman

When his reporting was finally published, Loweinger says he obscured his Zello chat name so if he wanted to get back in, he could.
AUSA Nestler also establishes that there were about 65 people in the Zello 'Stop the Steal/Jan 6"
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Loweinger captured the audio,video, published his findings in an article in The Guardian and then On the Media. https://t.co/avEt6psekG
(He affirms that he didn't give anything he recorded directly to the government first, all went public first)
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Defense attorney for Jessica Watkins Jonathan Crisp on cross of reporter Micah Loweinger asked why he did not use his legal name on the Zello app.

Loweinger said many users employ screen names. After repetition of the same question from Crisp, Loweinger concedes, he didn't use his "real" name on the app.

Loweinger is off the stand after the government opted not to redirect.

Defense attorney Stanley Woodward is back up questioning witness for DOJ, FBI Agent Sylvia Hilgeman.

They are reviewing texts again, this time from "OK Gator 1" aka Kelly Meggs to Rhodes as well as texts from Don Siekerman to DC OP Jan 6 21 rally. Many of the texts from Meggs to the channel discuss providing security detail to Michael Flynn, the disgraced retired general.

”Are we primary detail or back up?” one message fom Dec. 31 stated.

Siekerman says they’ll be “assisting” security for Flynn but then says that circumstances could change at any point.

And a light note:

Woodward asked Hilgeman if FBI Special Agent Michael Palian was the "quarterback" of the investigation into Oath Keepers and Hilgeman responds without missing a beat: "He referred to himself that way.'

And Judge Mehta, as well as the entire courtroom, burst into laughter at this remark.

UPDATE: Monday, Oct 17, 2022 · 7:53:15 PM +00:00 · Brandi Buchman

(Zello calls the permission to talk feature "zelect")
Once members are part of a channel, they can send audio msgs, write a text, or send photos. The length of time the users speak is also recorded.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Loweinger published a podcast about Zello about how it was used to recruit far right extremists.
Defense objected to a question about whether the podcast won any awards.
Objection sustained.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

He subbed to a channel 'Stop the Steal/Jan 6."
Why follow it?
It had the same name as the rally that he knew was happening the next day.
So he clicked on it, subbed to the channel and listened to the chatter for an hour before his user name was recognized and he was blocked
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

AUSA Nestler has him clarify: Zello couldn't ban him, just those in the 'Stop the Steal chat'
Did he immediately try to get back into the chat?
No, Loweinger says, because he didn't want to appear suspicious and get banned right away again
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Loweinger says he couldn't hear anything and he thinks this was because the channel was a 'zelect' channel
(if zelect, an admin of the channel would have to give him permission to listen and speak even if he was a subscriber)
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 7:36:48 PM +00:00 · Brandi Buchman

He reports on far right extremism. He created an account on Zello to monitor far-right activity; he had 4-7 Zello accounts. Why so many? Occasionally, he was banned from the chat rooms. Not for what he said. He never spoke. But as an investigative journalist...
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Loewinger says, part of his job entails writing about conversations that people may not want him to know about.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 7:33:06 PM +00:00 · Brandi Buchman

There was a short break for jurors for the afternoon from about 3 to 3:30PM ET.

Now the government has called witness and reporter Micah Loweinger to the stand. He was supposed to appear later in the trial but scheduling conflicts prompted him to come in today.

Govt wants to introduce the headline of an article by Loweinger to explain why Zello was used as recruitment tool; Mehta says it has to be explained to jurors why this reporter was listening to Zello chat on Jan 6 (he was already plugged into extremist coverage, monitoring etc)
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Watkins atty, Jonathan Crisp, claims the trial is becoming "political" and not about Oath Keepers. Mehta says that's not true, there's been very little political that's come up and it's been limited to context of allegations.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 7:02:38 PM +00:00 · Brandi Buchman

Defense atty for Ken Harrelson Brad Geyer starts off cross of FBI Agent Hilgeman; he's quite amicable with questions to start, even cracks wise about this case involving a lot of old men with bad fashion sense
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Then, Geyer says, dripping in sarcasm, "I actually have the warrant, I can't believe it quite frankly…”

This prompts Judge Mehta to ask Geyer to get on the private phone in court so jurors cant hear. After a moment, Geyer is back to questions but backs off warrant questions.

UPDATE: Monday, Oct 17, 2022 · 7:00:49 PM +00:00 · Brandi Buchman

When Rhodes' attorneys ask where all the firearms went at the QRF, Hilgeman says she thinks Oath Keepers were ready to fight the next day.

"So the armed rebellion was unarmed?" defense attorney Bright asks. "The armed rebellion was not over," FBI Agent Hilgeman says.

UPDATE: Monday, Oct 17, 2022 · 6:46:34 PM +00:00 · Brandi Buchman

Rhodes atty Bright asks FBI agent Hilgeman about the purchase of guns and is working to establish the defense for jurors that Rhodes' transactions were legal.
Agent affirms Rhodes is not facing charges for illegal purchase of guns.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Rhodes’ attorney James Bright also asks the FBI agent if the parts he was buying that weren’t guns, were also legal purchases, including the bolt carrier plates.

She affirms under questioning that Rhodes is not facing any charges for illegal purchase of weapons.

She also affirms that in the security footage from the hotel shown today, Rhodes did not appear.

When defense attorney James Bright asked her where all the firearms went after Jan 6?

Hilgeman says she thinks Oath Keepers were ready to fight the next day.

"So the armed rebellion was unarmed?" defense atty Bright asks.

"The armed rebellion was not over," FBI Agent Hilgeman says.

UPDATE: Monday, Oct 17, 2022 · 6:31:09 PM +00:00 · Brandi Buchman

The bulk of the texts dont involve Caldwell? Rhodes atty Bright asks
Agent Hilgeman begins to say "In chats w/Rhodes..." and Bright immediately objects, calling her nonresponsive.
They start again, and she says, Caldwell, to her knowledge, doesn't appear in 7 major chat groups
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

But Hilgeman says, there were other messages independent of those seven major chat groups where Caldwell did appear.

UPDATE: Monday, Oct 17, 2022 · 6:14:43 PM +00:00 · Brandi Buchman

Do you have any evidence that a bunch of people were mowed down by Mr. Caldwell? defense atty Fischer asks.
No, I don't, Agent Hilgeman says.
Did Caldwell target Pence on Jan 6?
Agent Hilgeman: He was part of a crowd that threatened danger to Pence. https://t.co/xGxC4gOSEv
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Fischer asked FBI agent if FBI interviewed Tomblin, Grimes after seeing such alarming msgs; Hilgeman says they assessed all of the contacts and determined from there who would be necessary to interview after investigating those individuals
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 6:07:18 PM +00:00 · Brandi Buchman

Somehow, occupying DC doesn't sound a lot better than just occupying the Cap and the defensed moved quickly off that question to further review of maps of DC.

Fischer notes directions Caldwell sent to Stamey would have put Oath Keepers in Georgetown, further from Capitol.

Hilgeman said yes, they did, but they also talked of using a boat to cross the Potomac. The boat route wouldn’t have been the most straight-shot either.

UPDATE: Monday, Oct 17, 2022 · 6:01:06 PM +00:00 · Brandi Buchman

Fischer asks her if the purpose of the QRF was to attack the Capitol. She says no, her understanding of the QRF was to support those trying to stop Biden from taking power.
Fischer again asks her what purpose of QRF ws:
"The QRF was meant to occupy DC," she says.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 5:49:15 PM +00:00 · Brandi Buchman

Fischer is verifying with Higelman what times Caldwell came and left from the hotel where the QRF was set up; she affirms times offered by Woodward.
He brings up Life360 records, a family social messaging/tracking app, there were reviewed by FBI.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Defense show text from Doug Smith to Caldwell where Smith is asking, "how about Cap to Va side of bridge?"
Caldwell: 3 miles, and then, that he got back from recce.
"You will be pleased to know the president has provided 80 fresh porta pottys which are being placed right now."
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Defense then asked the FBI Agent, based on the aforementioned text, “would you agree that the "pre-strike recce" is about the placement of porta potties?”

“I would not agree with that,” Hilgeman says.

UPDATE: Monday, Oct 17, 2022 · 5:40:59 PM +00:00 · Brandi Buchman

We are back to cross of FBI Agent Higelman by atty for Caldwell, David Fischer. He begins by asking questions about the FBI's interview of NC OKer Paul Stamey and "Ranger Doug" aka Doug Smith, Marlon Brandos, Jeff Morelock, Caleb Berry and Todd Kandaris.

UPDATE: Monday, Oct 17, 2022 · 5:31:39 PM +00:00 · Brandi Buchman

Court will resume shortly. We broke for lunch from 12:40 to 1:40PM ET.

UPDATE: Monday, Oct 17, 2022 · 4:23:04 PM +00:00 · Brandi Buchman

Other texts from Caldwell to Watkins, Fischer says, suggest that defendant Caldwell was telling her to get a place with Donovan Crowl,
"The suggestion that Caldwell was consolidating a QRF hotel - this text doesn't really suggest that does it?" Fischer asks.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 4:07:23 PM +00:00 · Brandi Buchman

Jurors now hear a portion of the Declare Your Independence podcast where Oath Keepers discussed their activities.

"but its true, of further action is there. I think it has to be because that is the only, we are the final check and balance to this process..." Kandaris continues.

Then he says he'll pass it over to Vallejo in a minute but adds...
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

The fact is there are ppl here who are prepared,have the will, the facilities, to do more than taunt.

Kandaris tells Hancock what they are prepared to do is a "do or die" situation
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Vallejo continued: "I'm just praying Trump has his head on fucking straight and he knows what he's doing. He's got the machinations behind him, he's got all the proof in the world and he's going bring the fucking hammer down"
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

The folks at Just Security put together an exclusive about this podcast in January 2022.
Do check it out and follow them because they do a Herculean amount of work that deserves all the recognition. https://t.co/dP0tZgHe89
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 3:46:58 PM +00:00 · Brandi Buchman

A map of Rhodes' purchases:
1/1/21: Rhodes arranges to buy 2 bolt carrier groups, $1900
1/2: Spends $2900 in Academy Sports, including 14 mags, 3 sights, 2 optics, 1 scope, 1 case of ammo and more
1/2: he arranges to buy more ammo and guns from multiple sellers, takes out $1900
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

More mapping of Rhodes purchases on way to DC:
On 1/5: Marshall Lessard (sp) in Lovettsville VA receives 2 night vision devices and one-night vision sight in mail from Rhodes
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 3:38:52 PM +00:00 · Brandi Buchman

More texts, more of Rhodes purchasing guns or setting up times to purchase guns and gear, spanning late December 2021 around NYE to Jan 2.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

It is not just sexting the jurors will see today.
They are also now seeing Oath Keeper bank statements and line transactions from the days before Jan. 6. Thousands are drawn out by ATM, other purchases made at various stores allegedly for weapons, gear etc.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 3:24:55 PM +00:00 · Brandi Buchman

After the sidebar, the text are allowed in.
Its from a gun seller in Texas to Rhodes; Rhodes asks for location (seller is in Dallas) and Rhodes asks to meet up there instead of Granbury. They meet near a Walmart.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 3:20:14 PM +00:00 · Brandi Buchman

Back now with more testimony from FBI Agent Sylvia Hilgeman. She was about to discuss texts from Rhodes that were about the purchasing of guns but there was an objection. And now a sidebar.

UPDATE: Monday, Oct 17, 2022 · 3:16:44 PM +00:00 · Brandi Buchman

We should be returning from a brief break momentarily.

UPDATE: Monday, Oct 17, 2022 · 2:58:07 PM +00:00 · Brandi Buchman

Oh-la-la.

"I'm replaying my teenage years," Kellye SoRelle texted Stewart Rhodes during an amorous exchange by the Oath Keepers heading to DC on Jan 6.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 2:55:18 PM +00:00 · Brandi Buchman

The map is focused in FL; we see markers for 9 individuals in FL: Kelly Meggs, Connie Meggs, Kenneth Harrelson, Moerschel, Hackett, Berry, Brown, Dolan and Bitner. We see them move from diff pts in FL on the map to a rallying pt in FL before joining together to travel to NC
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Other markers for those who ended up at the Ballston Inn in no. Va. are shown too, all moving in unison toward DC ahead of 6th. DOJ also shows jurors markers just for leaders of the QRF, like Vallejo and Kanderis, moving from Arizona to Virginia, arriving at QRF on Jan 5
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Now we see a marker indicating Oath Keeper leadership travel: It's Stewart Rhodes and Kellye SoRelle markers driving together from Granbury, Texas to Virginia, staying overnight on Jan. 5 at the Hilton Garden Inn in Vienna, VA.

And who said romance is dead?

About the romantic nature of the relationship between Stewart Rhodes and Kellye SoRelle:

We see him text her on Jan. 3 while they're at the hotel.

“Speaking of fucking if you need some, come on over,” Rhodes wrote.

UPDATE: Monday, Oct 17, 2022 · 2:36:40 PM +00:00 · Brandi Buchman

In an aerial graphic of the hotel in northern Virginia now being shown to jurors, they can see how Oath Keepers booked rooms that were not just next to each other, but also connected to each other inside by a door, allowing them the ability to move themselves and their bins and bags without prying eyes.

UPDATE: Monday, Oct 17, 2022 · 2:30:48 PM +00:00 · Brandi Buchman

We see Paul Stamey walking the hall on the hotel's 2nd floor carrying a large item draped in a sheet and carrying a cane but not using it to walk. As he turns a corner, the shape under sheet strongly resembles a rifle. He heads to 3rd floor where defendant Caldwell is staying.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Should note that when DOJ asked what Caldwell was using to assist his walking, the footage that prompted this question was from after the Capitol was breached hours later. Caldwell appears to be walking just fine.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Once we are onto Jan. 7 in the security tapes, further footage shows a “pelican case” — something used to stow weapons typically— and several long bags and bins being hauled away from the Comfort Inn. And not just by those defendants charged today or those defendants who checked into the room overnight.

FBI Agent Higleman ID’ed individuals Robert LaMarr and David Moerschel helping Oath Keepers haul bins and bags away. She said neither Moerschel nor LaMarr stayed there overnight.

Witness Terry Cummings last week said the QRF hotel stockpile had more weapons thans he's ever seen.
He wasn't kidding. This is a lot of bins and bags.
Also IDed at hotel: Tom Burgess and Jeremy Brown
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

Defendant Kenneth Harrelson also pops up on security footage at the hotel; We see him and other Oath Keepers including several who did not stay at the hotel overnight haul away long bags on the dolly cart.

UPDATE: Monday, Oct 17, 2022 · 2:09:29 PM +00:00 · Brandi Buchman

Oath Keeper defendant Edward Vallejo is seen on hotel security cam footage hauling large bins allegedly containing weapons several times into the hotel on 1/5 and 1/6. One bin is so heavy, in fact, Vallejo had to get a running start to push the dolly that the bin was on.

Vallejo is seen pushing a very large, very long dark colored duffle bag. DOJ asks what kind of bag that might be and Agent Higleman IDs at as a rifle bag.

UPDATE: Monday, Oct 17, 2022 · 2:04:09 PM +00:00 · Brandi Buchman

Later that evening, we see OKers from OH check into the hotel in northern Virginia where the weapons arsenal is stashed for members of the quick reaction force.
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

LeBrun was charged with a misdemeanor but is not facing charges in this case; Crowl goes on trial later
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

We see Tom Caldwell walking around a lobby waiting for an elevator, looking in a mirror. His gait appears unencumbered.
Recall, defense has relied heavily on claim that he's a disabled veteran unable to storm anything, let alone the Cap.
For DOJ, these small details are key
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 1:54:29 PM +00:00 · Brandi Buchman

Agent Higelman says FBI got footage from Ballston spanning from Jan 5 at 1PM to Jan 7 at 10pm. DOJ asked why not wider timeframe; agent says: "We did not fully understand at the time the role that this location had played."
(This is the QRF weapon stockpile location)
— Brandi Buchman (@Brandi_Buchman) October 17, 2022

UPDATE: Monday, Oct 17, 2022 · 1:50:24 PM +00:00 · Brandi Buchman

The prosecution is now reviewing the hotel room reservation receipts, plus jurors see a security footage from Jan 5 around 2PM at the hotel where Oath Keepers brought in an arsenal of weapons to stockpile (again, this is the QRF). We see defendant Thomas Caldwell entering.

UPDATE: Monday, Oct 17, 2022 · 1:45:41 PM +00:00 · Brandi Buchman

Right now Agent Hilgeman is establishing call records between Rhodes and his co-defendants who coordinated the quick reaction force hotel with the weapons stash in northern Virginia.

Jurors see records showing a large number of calls between Rhodes and Kelly Meggs, Joshua James and Edward Vallejo on Jan. 4 and Jan 5.

Rhodes also text Meggs on Jan 5 asking him if he could see his message; Kelly said he could and told him he was setting up and dropping off items at the Comfort Inn Ballston.

These details are important for prosecutors to establish because it goes toward their allegation that Rhodes himself planned the disruption to Congress and oversaw the defendant’s actions.

UPDATE: Monday, Oct 17, 2022 · 1:37:05 PM +00:00 · Brandi Buchman

Good morning folks. There was a momentary delay but we are now continuing onward with testimony from FBI Agent Sylvia Hilgeman.

LIVE: Follow along for Day Nine of the Oath Keepers sedition trial

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