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Tag: january 6

epps
November 29, 2024
William Upton
Politics

Ray Epps’s Defamation Suit Fails.

A U.S. District Court judge has dismissed a defamation lawsuit brought by Ray Epps, the man who encouraged protestors to storm the Capitol on January 6 and admitted to having “orchestrated” the violence that day, against Fox News. In the lawsuit, first filed in July of 2023, Epps claims that the corporate news network spun a “fantastical story” about him acting as an undercover agent for the Federal Bureau of Investigation (FBI) tasked with fomenting violence among the protestors at the Capitol. Epps names former Fox host Tucker Carlson and several others as having specifically defamed him.

Languishing in a Delaware U.S. District Court for over a year, Epps’s defamation lawsuit was dismissed late Wednesday with minimal explanation from Jennifer L. Hall. According to Hall, Epps’s complaint was dismissed due to “failure to state a claim.” However, the filing by the January 6 attendee and suspected provocateur claims the allegations that he acted as an agent of federal law enforcement are “lies [that] have destroyed Ray’s and Robyn’s lives.”

The National Pulse previously reported this past January that Epps was sentenced to just one year of probation and a $500 fine despite numerous cellular phone videos and other documentation exposing him as being a key instigator in the riots, which saw protestors enter the U.S. Capitol building. Others arrested and charged for similar actions received lengthy prison sentences, with President Joe Biden’s Department of Justice (DOJ) using a financial crimes statute to enhance the penalties. This legal maneuver was later struck down by the U.S. Supreme Court.

Prior to the events of January 6, Epps was filmed saying, “We need to go into the Capitol,” and later texted his nephew, confessing that he had “orchestrated it,” referring to the riots.

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A U.S. District Court judge has dismissed a defamation lawsuit brought by Ray Epps, the man who encouraged protestors to storm the Capitol on January 6 and admitted to having “orchestrated” the violence that day, against Fox News. In the lawsuit, first filed in July of 2023, Epps claims that the corporate news network spun a "fantastical story" about him acting as an undercover agent for the Federal Bureau of Investigation (FBI) tasked with fomenting violence among the protestors at the Capitol. Epps names former Fox host Tucker Carlson and several others as having specifically defamed him. show more
November 21, 2024
News

REPORT: Pentagon Delayed National Guard Response on Jan. 6.

A House Republican-led investigation into the events surrounding the Capitol riots on January 6, 2021, is accusing Department of Defense (DOD) officials of delaying the deployment of the National Guard and subsequently covering it up. Representative Barry Loudermilk (R-GA), who is overseeing a review of the partisan investigation conducted by former Rep. Liz Cheney (R-WY), has requested that the Department of Defense’s inspector general amend its November 2021 report on the matter.

In a letter, Loudermilk asserted that numerous discrepancies in the report indicate a possible partisan cover-up. Through an analysis of various documents and testimonies, Loudermilk’s Subcommittee on Oversight for the House Administration Committee concluded that the Pentagon was responsible for delays in deploying the National Guard. The subcommittee also alleges that the inspector general’s office omitted key testimonies critical of then-Army Secretary Ryan McCarthy for his lack of communication with the Guard.

Loudermilk revealed Trump’s order to have 10,000 troops ready on standby on the day of electoral certification. The Georgia Congressman asserts this decision was covered up during the official proceedings of the House Select Committee investigating the January 6 riots. Additionally, he notes that former Speaker Nancy Pelosi, at the time, expressed concerns about deploying troops due to the potential optics in the Capitol.

In March, Kash Patel, the former chief of staff at the DOD, affirmed Trump’s order to have National Guard soldiers at the ready. Patel added that senior Pentagon officials were in contact with and consulting with Washington, D.C. Mayor Muriel Bowser’s office.

Loudermilk’s letter requests the inspector general ensure historical records accurately reflect these events.

Image by Tyler Merbler.

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A House Republican-led investigation into the events surrounding the Capitol riots on January 6, 2021, is accusing Department of Defense (DOD) officials of delaying the deployment of the National Guard and subsequently covering it up. Representative Barry Loudermilk (R-GA), who is overseeing a review of the partisan investigation conducted by former Rep. Liz Cheney (R-WY), has requested that the Department of Defense's inspector general amend its November 2021 report on the matter. show more
November 12, 2024
Politics

Ashli Babbitt’s Mother Celebrates Trump Pardon Promise for Jan. 6 Rioters.

Following Donald J. Trump‘s election victory last Tuesday, celebrations unfolded early Wednesday outside the Washington, D.C. jail holding individuals convicted in connection with the January 6 Capitol riots. Supporters of the President-elect gathered, marking the occasion by opening bottles of champagne and offering toasts in anticipation of potential pardons for those involved in the unrest at the Capitol, which included physical encounters with law enforcement and damage to federal property.

Among the celebrants was Michelle Witthoeft, whose daughter, Ashli Babbitt, was fatally shot during the riot. Witthoeft has been a regular presence outside the jail, maintaining a vigil for her daughter. She expressed enthusiasm about Trump’s return to leadership, stating, “Today was amazing. Woke up with the president of the United States, the rightful president back in his spot. And today, after 828 days, we’re going to pop some champagne and raise a glass to President Trump.”

TRUMP BACKS PARDONS.

Trump campaigned on a platform that included pardoning January 6 defendants, whom he has described as “hostages” and “political prisoners.” In March, Trump took to his Truth Social platform to demand, “Free the January 6 Hostages being wrongfully imprisoned!” He reiterated his stance on potential pardons during a forum in Chicago hosted by the National Association of Black Journalists. When asked if he would issue pardons, Trump replied, “Oh, absolutely, I would. If they’re innocent, I would pardon them.”

Despite his broad commitment, Trump has acknowledged that not all cases may qualify for pardons, indicating they would be reviewed individually. During a CNN town hall, he commented, “I am inclined to pardon many of them. I can’t say for every single one, because a couple of them probably got out of control.”

This past summer, the U.S. Supreme Court ruled that President Joe Biden’s Department of Justice (DOJ) overreached when using 18 U.S. Code § 1512(c)(2) to apply enhanced sentences to the January 6 defendants. Subsequently, several have seen their sentences either reduced or been released for time served.

Image by Elvert Barnes. 

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Following Donald J. Trump's election victory last Tuesday, celebrations unfolded early Wednesday outside the Washington, D.C. jail holding individuals convicted in connection with the January 6 Capitol riots. Supporters of the President-elect gathered, marking the occasion by opening bottles of champagne and offering toasts in anticipation of potential pardons for those involved in the unrest at the Capitol, which included physical encounters with law enforcement and damage to federal property. show more
November 8, 2024
News

J6er Sentenced to 8 Years Amid ‘Fedsurrection’ Claims.

Zachary Alam, a participant in the U.S. Capitol protest on January 6, 2021, has been sentenced to eight years in prison, one of the longest terms handed out among participants. He has already been in pretrial detention for around four years.

Alam was frequently spotted leading demonstrators on January 6, and he entered Capitol premises through a shattered window. Inside, he assaulted law enforcement and caused property damage. A jury convicted him in September on eight felony counts alongside a series of misdemeanors.

In court, Alam asserted that he acted on what he believed was right, despite acknowledging the illegality of his actions. Wearing an orange prison uniform on Thursday, he reiterated his beliefs about the 2020 election being illegitimate. “Trump just won the presidential election less than 48 hours ago,” he said. “Was the 2021 transfer of presidential power warranted? I don’t think so.”

Alam has been a point of discussion in “fedsurrection” theories, notably appearing on Full Measure with Sharyl Attkisson, which suggested he was collaborating with police. He told the court that he was moved to solitary confinement after other January 6 inmates began to believe he was a “confidential human source.”

Throughout his trial, both federal prosecutors and Alam’s defense rejected allegations of him being a federal agent. Instead, they described him as a fervent Trump supporter acting of his own accord. Judge Dabney L. Friedrich dismissed any evidence of such cooperation.

Alam’s legal representation emphasized his mental health in pursuit of a lesser sentence. Prosecutors had asked the court for 11 years.

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Zachary Alam, a participant in the U.S. Capitol protest on January 6, 2021, has been sentenced to eight years in prison, one of the longest terms handed out among participants. He has already been in pretrial detention for around four years. show more
espionage
September 12, 2024
Jack Montgomery
Lawfare
SCOTUS

The DOJ Is Trying to Quietly Drop a Bunch of J6 Cases.

The Biden-Harris Department of Justice (DOJ) has backed down on nearly half of its pending obstruction charges against January 6 defendants, following a Supreme Court ruling making it harder to pursue such charges. Many January 6 defendants were prosecuted for obstructing an official proceeding—namely, Congress’s certification of the 2020 electoral votes.

However, the Supreme Court ruled that this was an abuse of the relevant statute, originally intended to punish people for actions such as destroying documents to impede financial crime investigations in the wake of the Enron scandal.

Last week, the DOJ dropped obstruction charges in about 60 of 126 pending cases. They plan to proceed with charges against 13 defendants but are still deciding on the remainder. For those already tried, the DOJ has agreed to dismiss 40 of 133 obstruction charges, with reviews ongoing for the rest.

The DOJ is trying to downplay these moves, saying, “There are zero cases where a defendant was charged only for [obstruction of an official proceeding],” so “even if the government foregoes this charge, every charged defendant will continue to face exposure to other criminal charges.”

However, 17 defendants were solely convicted of obstruction, showing the charges had real consequences for many.

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The Biden-Harris Department of Justice (DOJ) has backed down on nearly half of its pending obstruction charges against January 6 defendants, following a Supreme Court ruling making it harder to pursue such charges. Many January 6 defendants were prosecuted for obstructing an official proceeding—namely, Congress's certification of the 2020 electoral votes. show more
September 4, 2024
Culture
Politics

WEIRD: Kamala Donors Are Turning Jamie Raskin’s Memoir Into a ‘Spiritual’ Musical.

Democrat backers of Kamala Harris‘s 2024 presidential bid are adapting Representative Jamie Raskin‘s (D-MD) memoir into an oratorio—a type of classical music composition similar to an opera and focused on a sacred subject. Raskin has achieved an almost saint-like status among Democrat activists for his constant attacks on former President Donald J. Trump. Earlier this year, the Maryland Democrat introduced legislation to disqualify Trump from November’s presidential ballot.

Written by poet Anne Becker and composer Noam Faingold, “The Jamie Raskin Oratorio” is adapted from the Democrat lawmaker’s memoir. Consequently, the book details his recollections of the January 6 Capitol riots, his spearheading of the second impeachment attempt against former President Trump, and his son’s suicide. Faingold describes Raskin’s memoir as having a “spiritual aspect,” justifying the oratorio style.

The musical composition will be performed on Saturday in Takoma Park, Maryland, located in Raskin’s congressional district. A local non-profit music group, the Washington Musica Viva, will perform the oratorio.

“He’s certainly a neighborhood hero, but I think a national hero as well,” said Washington Musica Viva’s co-founder Carl Banner, praising Raskin’s efforts to subvert Trump. Banner, who is a donor to the Harris campaign, added: “We’re thrilled to be doing something in his honor.”

Opposition to Trump and any institution seen as being partial to the former Republican President has become a pseudo-religion among some Democratic Party activists. Additionally, many of the activists closely follow anti-Trump groups like the Lincoln Project and the far-left MeidasTouch Network and promote even the most absurd attacks against the 2024 Republican presidential nominee. However, Raskin’s public attacks on Trump and the United States Supreme Court have earned the lawmaker a priestly status among the most fervent Democrats.

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Democrat backers of Kamala Harris's 2024 presidential bid are adapting Representative Jamie Raskin's (D-MD) memoir into an oratorio—a type of classical music composition similar to an opera and focused on a sacred subject. Raskin has achieved an almost saint-like status among Democrat activists for his constant attacks on former President Donald J. Trump. Earlier this year, the Maryland Democrat introduced legislation to disqualify Trump from November's presidential ballot. show more
August 4, 2024
NatSec

Secret Service Withheld Intel on ‘High Potential’ for J6 Violence.

The United States Secret Service (USSS) had intelligence suggesting a “high potential for violence” before the January 6 Capitol riot but did not share this information with agents protecting then-President Donald J. Trump, Vice-President Mike Pence, or Vice President-elect Kamala Harris, according to a report released to Congress on Thursday. The report, from Homeland Security Inspector General Joseph Cuffari, was publicized under pressure from Rep. Barry Loudermilk (R-GA), revealing significant lapses within the agency.

Additionally, the report claims the USSS failed to properly utilize explosive detection tools at the Democratic National Committee (DNC) headquarters on January 6. This oversight led to Harris‘s motorcade coming within 20 feet of an undetected pipe bomb.

The Homeland Security Inspector General report states that traditional explosive detection measures were not fully deployed; only canine teams conducted building sweeps. Even after the bomb was found, the USSS failed to report the building’s evacuation as an unusual protective event.

ECHOES TRUMP RALLY FAILURES.

The report describes these failures as reflective of deeper systemic issues within the USSS. It includes six recommendations for improvement in communication, training, and security tactics, which were presented to USSS leadership in April, months before the assassination attempt on Trump at a rally in Butler, Pennslyvania.

Inspector General Cuffari’s findings also suggest tension between his office and USSS supervisors, who disputed some conclusions. Communication problems, faulty security sweeps, and inadequate threat identification, which were issues leading up to January 6, were identified again in the later rally incident. A significant point was the Protective Intelligence and Assessment Division’s failure to incorporate indicators of potential violence into final assessments for VIP protection.

The report also noted the inadequacy of security sweeps at the DNC, which did not cover the area where the pipe bomb was planted. USSS personnel showed “differing interpretations” of security protocols, compounding the problem. Additionally, there was no proper report of Harris‘ evacuation as an unusual protective event despite it meeting the criteria for such a designation.

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The United States Secret Service (USSS) had intelligence suggesting a "high potential for violence" before the January 6 Capitol riot but did not share this information with agents protecting then-President Donald J. Trump, Vice-President Mike Pence, or Vice President-elect Kamala Harris, according to a report released to Congress on Thursday. The report, from Homeland Security Inspector General Joseph Cuffari, was publicized under pressure from Rep. Barry Loudermilk (R-GA), revealing significant lapses within the agency. show more
espionage
July 12, 2024
William Upton
Lawfare

Biden’s DOJ Backs Down From J6 Charges.

Joe Biden‘s Department of Justice (DOJ) has dropped the obstruction of an official proceeding charge against the first January 6 defendant following the U.S. Supreme Court’s decision in Fischer v. United States. Last month, the high court ruled against the Biden DOJ, determining the department unlawfully used an obstruction statute from a 2002 financial crimes bill to prosecute over 350 of the January 6 defendants.

Late Thursday, federal prosecutors submitted a motion to drop the obstruction charge in their case against January 6 defendant Mark Sahady.

In their filing, federal prosecutors contend that the court’s rejection of a continuance to assess the impact of the Fischer decision made dropping the obstruction charge the most expedient option to move Sahady’s trial forward. The defendant, a resident of Massachusetts, will still face charges of unlawful entry, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

The Biden DOJ attorneys likely understood that any attempts to revive the obstruction charge through other avenues would not sit well with U.S. District Court Judge Carl Nichols.

The Fischer case originated with Judge Nichols. In March 2022, Nichols ruled in January 6 defendant Joseph W. Fischer’s favor, dismissing the obstruction charge against three of the January 6 defendants. The federal D.C. Circuit Court of Appeals reversed Nichols’s ruling in a 2-1 decision in April 2023—setting up the Supreme Court showdown.

The National Pulse reported in March that the judge granted early release to January 6 defendant Kevin Seefried after the Supreme Court agreed to hear Fischer.

READ:

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Joe Biden's Department of Justice (DOJ) has dropped the obstruction of an official proceeding charge against the first January 6 defendant following the U.S. Supreme Court's decision in Fischer v. United States. Last month, the high court ruled against the Biden DOJ, determining the department unlawfully used an obstruction statute from a 2002 financial crimes bill to prosecute over 350 of the January 6 defendants. show more
bannon
July 2, 2024
Jack Montgomery
Election Integrity
Media

ICYMI: Bannon Bulldozes Corporate Media on Jan 6, Election Integrity.

War Room host Stephen K. Bannon bulldozed ABC News’ Jonathan Karl in an interview ahead of his imprisonment for defying the corrupt January 6 Committee, turning the tables on the corporate media hitman as he asked him to tell Donald Trump supporters to “respect the results” of the 2024 election.

“Have you asked a Democrat this question?” Bannon demanded. “Yes or no? The answer’s no,” he said, before repeating the question to a dumbfounded Karl.

“Have, uh, have, have, I haven’t seen, I haven’t seen Democrats storm the Capitol to try and stop an election,” stammered the ABC journalist, a partisan actor who has authored anti-Trump books, such as the prematurely titled 2021 tract Betrayal: The Final Act of the Trump Show. 

Bannon pressed Karl on extreme statements by Democrats such as Jamie Raskin, prompting Karl to cut in with a testy, “I have no problem asking Democrats if they’re going to respect the election.”

“Then why don’t you do it?” Bannon asked. “The only reason you’re gonna have to is we put a pitchfork to your back and said, ‘Why don’t you ask Democrats?'”

“Here’s the bottom line,” Bannon concluded, rolling over Karl’s feeble attempts to interject again. “When this is adjudicated and reviewed, if they are certifiable, chain of custody ballots and votes from American citizens, then hey, whatever that outcome is, is totally fair. Until the time that we get that, all bets are off.”

Surveys suggest around a fifth of mail-in ballots in 2020 were fraudulent.

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War Room host Stephen K. Bannon bulldozed ABC News’ Jonathan Karl in an interview ahead of his imprisonment for defying the corrupt January 6 Committee, turning the tables on the corporate media hitman as he asked him to tell Donald Trump supporters to "respect the results" of the 2024 election. show more
June 23, 2024
William Upton
Lawfare

SCOTUS Gives Ammunition To Trump’s Manhattan Hush Money Appeal.

The United States Supreme Court issued a ruling on Friday in Erlinger v. United States, which could have important implications for former President Donald J. Trump‘s appeal of the verdict in the Manhattan hush-money case and in the January 6 rioter prosecutions. In Erlinger, the court reaffirmed that a jury must be unanimous in its findings on a criminal conviction, even on underlying predicate crimes.

Additionally, the justices ruled that judges cannot arbitrarily impose sentence enhancements on convicted defendants and that judges cannot issue sentences for crimes beyond those of a jury that unanimously convicts. While the ruling does not directly intervene in Manhattan District Attorney Alvin Bragg‘s prosecution of the former President, it does open the question of the merit of the prosecution for Trump‘s appeal.

A BLOW TO BRAGG.

The Supreme Court‘s ruling will likely serve as one of the prongs on which former President Trump‘s defense attorneys will attack Bragg‘s case upon appeal. In late May, a Manhattan jury convicted Trump on 34 counts of falsifying business records. The charges stemmed from allegations that Trump has paid hush money to adult film actress Stormy Daniels to cover up an alleged affair and influence the 2016 presidential election.

Bragg could only prosecute the case because of an amorphous underlying federal felony that allowed him to resurrect the business record charges, which are beyond the statute of limitations. In his jury instructions, Judge Juan Merchan—who presided over the trial—told jurors they did not need to be unanimous on which federal felony would serve as the predicate crime underpinning the falsifying business record charges. In Erlinger, it appears the Supreme Court has determined that this action violates the defendant’s constitutional rights under the Sixth Amendment.

THE JAN 6 CASES.

In addition to the Manhattan hush money prosecution of former President Trump, Erlinger also has implications for the January 6 defendants. The court holds in its decision that enhanced sentencing of defendants cannot be issued through judicial fiat. Instead, judges must follow sentencing guidelines on the crimes for which a jury finds explicitly a defendant guilty.

Paul Erlinger was exposed to a potential life sentence as a felon who was found illegally in possession of a firearm after a judge applied predicate crimes, which allowed for enhanced sentencing. However, the predicate crimes in question were determined by the Supreme Court to no longer apply under the provisions used by the judge—and were not considered by the jury in their conviction of Erlinger.

While speculative, the Erlinger ruling suggests a high degree of skepticism among the justices toward the government’s enhanced sentencing procedures. This may indicate the Supreme Court intends to take this issue further in Fischer v. United States, which challenges the Biden Department of Justice (DOJ)’s use of a financial crimes law’s ‘obstruction of an official proceeding’ provision to secure enhanced sentences for the January 6 rioters. The court will likely hand down a ruling in Fischer next week.

WATCH: 

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The United States Supreme Court issued a ruling on Friday in Erlinger v. United States, which could have important implications for former President Donald J. Trump's appeal of the verdict in the Manhattan hush-money case and in the January 6 rioter prosecutions. In Erlinger, the court reaffirmed that a jury must be unanimous in its findings on a criminal conviction, even on underlying predicate crimes. show more