The treason trial of the Oath Keepers continues on Thursday and Daily Kos returns to the federal court in the nation’s capital to cover the proceedings.
There was a short break in the schedule this week after court closed on Wednesday in observance of Yom Kippur. But on Thursday, the Justice Department stepped in with a request from U.S. District Judge Amit Mehta: admission of a “death list” found on the estate of defendant Thomas Caldwell.
After testimony from FBI Special Agent Michael Palian earlier this week and cross-examination by defense attorneys, the Justice Department says several comments made by Caldwell’s attorney David Fisher during questioning opened a door that was once closed. was gone
During a lengthy pretrial conference in August, prosecutors tried to admit a handwritten “death list” found in Caldwell’s Virginia home. The list includes the names of two Georgia election workers who were repeatedly harassed by former President Donald Trump and his supporters with allegations of voter fraud during the 2020 election.
Mehta ruled that the list should be excluded from evidence because – disturbing as it may be – it still did not have a strong connection to the original allegations. In particular, Mehta warned that it could be inflammatory to judges.
But during cross-examination of Palian, the Justice Department now argues that Caldwell’s attorney crossed the line. Fisher downplayed and potentially misrepresented allegedly incriminating evidence found during a search of Caldwell’s home, and he accused Caldwell entirely of potential threats to the public posed by supporters of “antifa,” or the antifascist movement. Did this by painting to concentrate.
According to the resolution filed by the Department of Justice on October 6:
For example, the lawyer asked several questions about the FBI’s review of Caldwell’s “computer, phones and other correspondence” and whether the FBI “found any maps that led people to the lawmakers’ homes or residences?” More Pointedly, he later asked, “Would you agree that you were mistaken when you thought that Mr. Caldwell—his prestrike streak—had anything to do with stopping the election?” One of Caldwell’s computers Referring to an “op plan” found on and referenced in one of his notepads recovered by the FBI, Caldwell’s attorney asked, “So you’re referring to the entire op plan, or the government Mr. bringing about Caldwell seems to have something to do with Antifa; Right?”
The point of these and other questions was to suggest to the jury that the content on Caldwell’s computer and notepad recovered from his home related to innocuous topics such as the bathroom and “antifa,” and not anything to do with “preventing the election.” no But the “death list,” also found in Caldwell’s correspondence at home, is incriminating and directly related to “stopping the election.” And so it must now be accepted for the jury to reject Caldwell’s false impression that the FBI’s search of his residence yielded nothing as it relates to his intent and current charges. “
It will be another long day in court with new witnesses likely to take the side. If you missed what happened the other day, check out the link below. Live updates will be posted here in this blog and on Twitter.
Related story: Treason trial Day 2: Tips, tension and a meeting sworn to secrecy
Proceedings are now underway and for the first order of business: Mehta has denied the government’s request to admit into evidence a “death list” allegedly written by defendant Thomas Caldwell.
We begin with the redirection of FBI Special Agent Michael Palian by the Department of Justice.
Prosecutor Palian is reviewing an email that includes the “ops” plan:
Agent Palian’s redirect gives the DOJ an ample opportunity to push back against claims made by defense attorneys during cross-examination last week, including suggestions that defendant Thomas Caldwell is too old to storm anything. was frail and very old. And the DOJ is also distinguishing the defense’s claim that it was only reconsidering in the days before Jan. 6 because it wanted to exclude things like access to portapotties or entertainment at a gentlemen’s club.
The DOJ addresses the claim by the defendants that the “storming of the castle” language used by Caldwell was simply a reference to the movie, The Princess Bride.
Agent Palian said that “Storming the Castle” was often coded language used by Oath Keepers to discuss their activities on January 6.
He also defended Caldwell’s search warrant.
Defense attorneys argued that Caldwell was arrested because the FBI had obstructed their understanding of where Caldwell was located while on the Capitol grounds on January 6 and suggested that he was wrongly accused. was accommodated
Footage from that day, along with photos of Caldwell near the Capitol gates, led agents to believe the retired Navy intelligence officer was physically inside the building.
And as prosecutors continue to re-establish intent for jurors, more messages are drawn up for review. Like them, Caldwell wrote to Oath Keeper Donovan Kroll.
There seems to be some confusion in the comments — right now, Agent Palian is taking questions from lawyers on redirect and it’s happening in front of a jury. The motion to list the death was the only thing that was done outside the presence of the judges.
In a text that judges might be hard-pressed to forget:
Oath Keeper Caldwell wrote on Facebook on January 1, 2021: “It really starts on January 5th and 6th and in Washington when we gather in the streets. They have a million or more patriots on Capitol Hill. Let’s try to validate some crud with . Streets. This kettle is ready to boil…”
Prosecutors just went through a long series of texts sent to Caldwell on January 6
Another text: “Hell yeah bro the patriots are having a raise, we need to take what’s ours … Then to Caldwell: “Tom all the legislators are in the tunnels 3 floors down”
Palian told jurors that all this “led us to believe that he was receiving instructions from the outside while he was inside the Capitol.”