Many Capitol Riot Cases Could Hinge on 1st Trial's Outcome

Washington — 

The Justice Department launched one of the largest and most complex criminal investigations in its history after a mob of Donald Trump supporters stormed the U.S. Capitol over a year ago. Now it’s time for a jury to hear some of the government’s evidence about the unparalleled attack on American democracy.

The first trial for one of the hundreds of Capitol riot prosecutions begins this week, with jury selection starting Monday in the case against Guy Wesley Reffitt. The Texas man is charged with bringing a gun onto Capitol grounds, interfering with police officers guarding the building, and threatening his teenage children if they reported him to authorities. Jurors could hear attorneys’ opening statements as soon as Tuesday.

Reffitt’s trial may be a bellwether for many other Capitol riot cases. A conviction would give prosecutors more leverage in plea talks with rioters facing the most serious charges. An acquittal may lead others to wait for their own day in court.

Reffitt “truly is the canary in the coal mine,” said Gregg Sofer, a former federal prosecutor who served as U.S. attorney for the Western District of Texas from October 2020 to February 2021.

“It’ll really be interesting to see how strong a case the government has and whether or not they’re relying on evidence that, when pushed and tested, stands up. It’s going to have a huge impact going forward,” added Sofer, now a partner at the law firm Husch Blackwell.

Reffitt is a member of a militia-style group called the “Texas Three Percenters,” according to prosecutors. The Three Percenters militia movement refers to the myth that only 3% of Americans fought in the Revolutionary War against the British.

On Jan. 6, 2021, Reffitt was armed with a handgun in a holster on his waist, carrying zip-tie handcuffs and wearing body armor and a helmet equipped with a video camera when he and others charged at police officers on the west side of the Capitol, according to prosecutors.

“This action caused the police line guarding the building to retreat closer to the building itself; soon after this, law enforcement was overwhelmed, and rioters flooded the building,” prosecutors wrote in a court filing.

Reffitt retreated only after an officer pepper sprayed him in the face, prosecutors said.

Prosecutors believe Reffitt took at least two firearms with him to Washington: an AR-15 rifle and a Smith & Wesson pistol. When FBI agents searched Reffitt’s home in Wylie, Texas, they found a handgun in a holster on a nightstand in the defendant’s bedroom. Prosecutors say photos and video of Reffitt during the riot show a handgun holster on his right hip, with what appears to be a silver object inside the holster.

On the morning of Jan. 6, Reffitt said he planned to “do the recon and then come back for weapons hot” and sent messages about meeting at a “rendezvous point,” according to prosecutors.

“These messages, along with the weapons that Reffitt carried and the gear he wore, make clear that the defendant did not come to D.C. with the intention to engage in peaceful activity,” prosecutors wrote.

The siege resulted in the deaths of five people, including a police officer. The Justice Department says more than 235 rioters have been charged with assaulting or impeding law enforcement, injuring over 100 officers. Rioters caused over $1 million in damage to the Capitol.

The Justice Department says its investigation has generated an unprecedented volume of evidence, with hundreds of thousands of documents and thousands of hours of videos to share with defense attorneys. Shared files total more than nine terabytes of information and would take over 100 days to view, the department says.

More than 750 people have been charged with federal crimes related to the riot. Over 200 of them have pleaded guilty, mostly to misdemeanors carrying a maximum sentence of six months’ imprisonment. More than 100 riot defendants have been sentenced. And at least 90 others have trial dates this year.

Philadelphia-based defense attorney Justin Danilewitz, who was a federal prosecutor in New Jersey from 2012 to 2017, said a conviction in Reffitt’s case may lead to a flurry of guilty pleas by other riot defendants.

“And that can benefit defendants on occasion because it’s better than the alternative if the alternative is a conviction following a trial,” Danilewitz added.

An acquittal could inspire other defendants to “dig in their heels” and either push for a better plea offer from prosecutors or gamble a trial of their own, he said.

Defense attorney William Welch has said there is no evidence that Reffitt damaged property, used force or physically harmed anybody. In a May 2021 court filing, Welch said none of the videos or photos shows a gun in Reffitt’s possession at the Capitol.

“In fact, neither of the police officers interviewed by the government said anything about a firearm,” he wrote.

Reffitt has been jailed since his arrest in Texas less than a week after the riot. He faces five counts: obstruction of an official proceeding, being unlawfully present on Capitol grounds while armed with a firearm, transporting firearms during a civil disorder, interfering with law enforcement officers during a civil disorder, and obstruction of justice.

The obstructing justice charge stems from threats that he allegedly made against his son, then 18, and daughter, then 16, after returning home from Washington. Reffett told his children to “choose a side or die” and said they would be traitors if they reported him to law enforcement, prosecutors said.

“He predicted future political violence in statements both to his family and to fellow militia members, bragged to fellow militia members about his involvement in the riot, recruited other rioters into the militia, and ordered bear spray and riot shields to his home to prepare for further violence,” prosecutors wrote.

Messages recovered from Reffitt’s cellphone indicate he planned to join an armed insurrection on Jan. 6 and intended to occupy the Capitol, prosecutors said.

“We had thousands of weapons and fired no rounds yet showed numbers. The next time we will not be so cordial,” he wrote, according to prosecutors.

Presiding over Reffitt’s trial is U.S. District Judge Dabney Friedrich, who was nominated by President Donald Trump in 2017. Friedrich already has sentenced nine rioters who pleaded guilty.

Friedrich individually questioned more than 30 prospective jurors on Monday, asking them how closely they have followed news coverage of the Capitol riot. Some said they had formed strong, negative opinions about the events of Jan. 6 but could strive to be fair and impartial.

The judge disqualified several members of the jury pool who said they would have difficulty setting aside their opinions or emotions about the riot. One of them, a man who lives near the Capitol, said the riot felt like “an attack on my home in some sense.”

“It was a very scary time,” he told the judge.

Jury selection is scheduled to resume Tuesday. The judge said she hopes to empanel a jury to hear opening statements later in the day.

Prosecutors expect to call about a dozen witnesses, including three Capitol police officers who interacted with Reffitt and an officer who was in charge of the U.S. Capitol Police command center.

Jurors will see videos that captured Reffitt’s confrontation with police. Prosecutors also have audio recordings of Reffitt talking about the riot inside his home after returning home.

“We made a point. That was a historic day,” Refffitt said during one of the recorded conversations, according to prosecutors. “And guess what? I’m not done yet. I got a lot more to do. That’s the beginning.”

Reffitt’s son, daughter and a fellow Texas Three Percenter group member also are listed as government witnesses. The group members traveled with Reffitt to Washington and back to Texas between Jan. 4 and Jan. 8, 2021.

“During the drive (to Washington), Reffitt talked about ‘dragging those people out of the Capitol by their ankles’ and installing a new government,” prosecutors wrote.

A court filing that refers to the other militia member by the initials “R.H.” says the man will tell jurors he was given immunity from prosecution in exchange for his testimony.

Welch has said Reffiitt worked as a rig manager and as a consultant in the petroleum industry before COVID-19 restrictions effectively shut down his business.

Ukraine, Pandemic, Economy, Political Divisions, to Dominate Biden’s 1st State of the Union Address

WHITE HOUSE — 

Escalating conflict in Ukraine, the COVID-19 pandemic and — as always — the economy, are likely to dominate President Joe Biden’s first State of the Union speech on Tuesday.

The constitutionally mandated address is the rhetorical highlight of the year for the U.S. president. Joe Biden is no exception, but this year’s State of the Union — his first, although he has previously addressed a joint session of Congress — comes at an especially fraught time.

As if to underscore that, Capitol police said Sunday that they were taking extra precautions at the site of the speech.

A barrier is placed behind a security fence in preparation for President Joe Biden’s State of the Union address on Capitol Hill in Washington, Feb. 27, 2022.

“Out of an abundance of caution, and in conjunction with the United States Secret Service, a plan has been approved to put up the inner perimeter fence around the Capitol building for the State of the Union Address,” said United States Capitol Police Chief Tom Manger. “I have also requested support from outside law enforcement agencies as well as the National Guard to assist with our security precautions.”

Ukraine crisis

The White House says Biden is likely, during the Tuesday night speech, to discuss Russia’s invasion of Ukraine and, his wider view of the world. But press secretary Jen Psaki stressed that the situation is rapidly changing — and the president’s words may evolve before he speaks in front of legislators.

FILE – White House press secretary Jen Psaki speaks during a press briefing at the White House, Dec. 22, 2021, in Washington.

“We are in the middle of an active invasion,” she said Friday. “So I just can’t give you a preview of what that will look like in the State of the Union. As it relates to how the president views his approach to foreign policy — you know, the president ran for president wanting to return America’s seat at the world, wanting to return to a time where other leaders around the world could trust the word and the commitments of the United States, and what you have seen over the last few months, is the president deliver on exactly that.”

In the past week, Biden has delivered three speeches on the escalating crisis in Ukraine; but, in his deeply politically divided nation, analysts say Biden should expect a frosty reception when talking about what he describes as the greatest threat to global security since World War II.

FILE – People coming from Ukraine descend from a ferry boat to enter Romania after crossing the Danube river at the Isaccea-Orlivka border crossing between Romania and Ukraine on Feb. 26, 2022.

“The country generally rallies behind a president when we face an international crisis,’ said Norman Ornstein of the American Enterprise Institute. “If you watch [Fox News TV host] Tucker Carlson, or listen to Donald Trump, or know what many Republicans in Congress have been saying, we’re not going to get that rallying around the president by a significant share of the population. The tribal divisions are there now, for even things that affect American national security.”

Recent public opinion polls indicate the president’s approval rating has dipped since the early days of his administration, when the Gallup survey reported 57% of Americans said they approved of the job he was doing. The same group’s poll conducted in the first half of February reported Biden now has a 41% job approval rating.

FILE – President Donald Trump gestures while speaking as Russian President Vladimir Putin looks on during their joint news conference at the Presidential Palace in Helsinki, Finland, July 16, 2018.

Trump, the former president, has been outspoken in his support of Russian President Vladimir Putin and his animus toward Biden. On Monday, Trump criticized Biden’s energy policy and said, “This war should never have started in the first place.”

Trump continues to maintain, in the face of overwhelming evidence otherwise, that the November 2020 election was rigged, and said that under his leadership, the U.S. “would right now continue to have record-low gas prices, as it was under my administration, and we would be supplying the world with oil and gas.”

It’s the economy, always

Presidents typically use this speech to sell Congress on their domestic agenda and bills they want to pass. And there is one topic every president is expected to cover in the State of the Union address, says Jeremi Suri, a historian at the University of Texas at Austin.

“He will argue that the economy is growing, that unemployment is low, and that we are going in the right direction and that inflation has to do with supply difficulties and pandemic difficulties, which he is working diligently to solve, and which will be resolved soon,” he said. “And every president comments on the economy because they all want to say the state of the economy is such that we are getting richer, we are doing better than ever before. The only exceptions when presidents don’t talk about the economy are when we are at war ourselves.”

One thing that is certain: America, and the world, will be listening to what he has to say. The address begins at 9 p.m. Washington time, on Tuesday.

California City Approves 1st US Insurance Law for Gun Owners

SAN JOSE, CALIFORNIA — 

A California city voted Tuesday night to require gun owners to carry liability insurance in what’s believed to be the first measure of its kind in the United States.

The San Jose City Council overwhelmingly approved the measure despite opposition from gun owners who said it would violate their Second Amendment rights and promised to sue.

The Silicon Valley city of about 1 million followed a trend of other Democratic-led cities that have sought to rein in violence through stricter rules. But while similar laws have been proposed, San Jose is the first city to pass one, according to Brady United, a national nonprofit that advocates against gun violence.

Council members, including several who had lost friends to gun violence, said it was a step toward dealing with gun violence, which Councilman Sergio Jimenez described as “a scourge on our society.”

Having liability insurance would encourage people in the 55,000 households in San Jose who legally own at least one registered gun to have gun safes, install trigger locks and take gun safety classes, Mayor Sam Liccardo said.

The liability insurance would cover losses or damages resulting from any accidental use of the firearm, including death, injury, and property damage, according to the ordinance. If a gun is stolen or lost, the owner of the firearm would be considered liable until the theft or loss is reported to authorities.

However, gun owners who don’t have insurance won’t lose their guns or face any criminal charges, the mayor said.

The council also voted to require gun owners to pay an estimated $25 fee, which would be collected by a yet-to-be-named nonprofit and doled out to community groups to be used for firearm safety education and training, suicide prevention, domestic violence, and mental health services.

The proposed ordinance is part of a broad gun control plan that Liccardo announced following the May 26 mass shooting at the Santa Clara Valley Transportation Authority rail yard that left nine people dead, including the employee who opened fire on his colleagues and then killed himself.

At an hourslong meeting, critics argued that the fee and liability requirements violated their right to bear arms and would do nothing to stop gun crimes, including the use of untraceable build-it-yourself “ghost guns.”

“You cannot tax a constitutional right. This does nothing to reduce crime,” one speaker said.

The measure didn’t address the massive problem of illegally obtained weapons that are stolen or purchased without background checks.

Liccardo acknowledged those concerns.

“This won’t stop mass shootings and keep bad people from committing violent crime,” the mayor said, but he added that most gun deaths nationally are from suicide, accidental shootings or other causes and that many homicides stem from domestic violence.

Liccardo also said gun violence costs San Jose taxpayers $40 million a year in emergency response services.

Some speakers argued that the law would face costly and lengthy court challenges.

Before the vote, Sam Paredes, executive director of Gun Owners of California, said his group would sue if the proposal took effect, calling it “totally unconstitutional in any configuration.”

However, Liccardo said some attorneys had already offered to defend the city pro bono.