Alabama Man Convicted of Seditious Conspiracy in US Capitol Riot

An Alabama man affiliated with the far-right Oath Keepers militia group pleaded guilty Wednesday to seditious conspiracy for his actions leading up and through the Jan. 6, 2021, riot, making him the first person involved in the violent attack on the U.S. Capitol to be convicted of the rarely used charge.

The sentencing guideline range for Joshua A. James, who also pleaded guilty to a charge of obstruction of an official proceeding, was estimated to be from 7¼ to nine years in prison.

The 34-year-old from Arab, Alabama, acknowledged getting into a physical altercation with a police officer while inside the Capitol and participating in a plan to use force to hinder or delay the transfer of presidential power. James also agreed to cooperate with authorities investigating the riot, including testifying before a grand jury.

Authorities say James and others affiliated with the group rode golf carts to the Capitol, moved through the crowd in a military-style “stack” formation and went into the building.

James was accused of pushing past officers who tried to stop rioters from moving toward the Rotunda, joining others who confronted officers, and profanely proclaiming the building was his. A week before the riot, James said in an encrypted chat that he believed teams within the militia group were adequately armed, prosecutors said in court records.

While four other people connected with the Oath Keepers have pleaded guilty to obstruction of Congress and a lesser conspiracy charge, James is the first among the 11 people associated with the group to plead guilty to a seditious conspiracy charge.

The seditious conspiracy prosecution is the boldest publicly known attempt so far by the government to prosecute those who attacked the U.S. Capitol. The group’s founder, Stewart Rhodes, and others have pleaded not guilty to seditious conspiracy and other charges. A seditious conspiracy conviction carries a maximum penalty of 20 years, compared with five years on the lesser conspiracy charge facing other group members.

Those charged with seditious conspiracy are accused of working together to use force to stop the peaceful transfer of presidential power. Authorities say participants discussed their plans in encrypted chats, traveled to the nation’s capital from across the country, organized into teams, used military tactics, stashed weapons in case they felt they were needed, and communicated with each other during the riot.

Prosecutors say the group set up a “quick reaction force,” or QRF, that kept guns at a hotel in nearby Arlington, Virginia, and were prepared to bring the weapons into Washington if Rhodes or associates believed the need arose. Days before the attack, one defendant suggested getting a boat to ferry weapons across the Potomac River. In the end, the QRF teams didn’t bring guns into Washington.

At the Capitol, Oath Keepers marched in two teams in stack formation, with team members advancing forward with one hand on the shoulder of the person in front of them.

More than 750 people have been charged with federal crimes related to the riot. Over 220 riot defendants have pleaded guilty, more than 100 have been sentenced, and at least 90 others have trial dates.

The longest prison sentence handed down so far to a Jan. 6 rioter was given to Robert Palmer of Largo, Florida.

Palmer, who was sentenced to 5½ years in prison, acknowledged hurling a wooden plank at officers protecting a Capitol entrance, spraying a fire extinguisher, and then throwing it when it was done.

The attack resulted in the deaths of five people, including a police officer. More than 100 officers were injured. Rioters caused over $1 million in damage.

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.

Capitol Ditches Mask Requirement Ahead of State of the Union

Washington — 

Face coverings are now optional for President Joe Biden’s State of the Union address Tuesday, as Congress is lifting its mask requirement on the House floor after federal regulators eased guidelines last week in a rethinking of the nation’s strategy to adapt to living with a more manageable COVID-19.

Congress’ Office of the Attending Physician announced the policy change Sunday, lifting a requirement that has been in place for much of the past two years and had become a partisan flashpoint on Capitol Hill. The change ahead of the speech will avoid a potential disruptive display of national tensions and frustration as Biden tries to nudge the country to move beyond the pandemic.

The nation’s capital is now in an area considered low risk under the Centers for Disease Control and Prevention’s new metrics, which place less of a focus on positive test results and more on what’s happening in community hospitals. The new system greatly changes the look of the CDC’s risk map and puts more than 70% of the U.S. population in counties where the coronavirus is posing a low or medium threat to hospitals. Healthy people in those risk areas can stop wearing masks indoors, the agency said.

Mask-wearing will still be a personal choice in Congress and special precautions will be in place for Biden’s speech, which unlike last year’s joint address will be open to all members of Congress. All attendees will be required to take a COVID-19 test before entering the chamber ahead of Biden’s address.

House Speaker Nancy Pelosi announced initial guidelines earlier this month from the Office of the Sergeant at Arms that included a threat that violation of guidelines for social distancing and mask wearing during the event would “result in the attendee’s removal.”

The new policy eases the fears of some Biden allies who had been gearing up for potentially disruptive protests from Republicans to the policies. Some GOP lawmakers have racked up thousands of dollars in fines for violating mask-wearing mandates on the House floor.

The relaxed guidance comes as Biden aims to use his remarks to highlight the progress against COVID-19 made over the last year, including vaccinations and therapeutics, and guide the country into a “new phase” of the virus response that is not driven by emergency measures and looks more like life pre-pandemic.

Seating for Biden’s first address to a joint session of Congress, last April, was capped at about 200 — about 20% of usual capacity for a presidential presentation — and White House aides fretted that a repeat would be a dissonant image from the message the president aimed to deliver to the American people.

“I think you’re going to see it look much more like a normal state of the union than the president’s joint address,” White House chief of staff Ron Klain said Saturday. “It’s going to look like the most normal thing people have seen in Washington in a long time.”

The Capitol move comes just a day before Washington’s mask mandate expires on Monday, and as a host of states and local governments have begun implementing the new CDC guidelines and lifting mask-mandates indoors and in schools.

Caseloads across the country have dropped precipitously since their early January peak, with the omicron variant proving to be less likely than earlier strains to cause death or serious illness, especially in vaccinated and boosted individuals.

Fence Being Reinstalled Around US Capitol for Biden Speech

WASHINGTON — 

Fencing installed around the U.S. Capitol for months after the January 2021 insurrection will be put back up before President Joe Biden’s State of the Union address Tuesday as concern grows about potential demonstrations or truck convoys snarling traffic in the nation’s capital.

Capitol Police Chief Tom Manger said in a statement Sunday that the fence will be erected around the Capitol building for the speech and is being put up “out of an abundance of caution,” in consultation with the Secret Service.

The move comes as officials in Washington prepare for trucker convoys that are planning protests against pandemic restrictions beginning this week. The Pentagon has already approved the deployment of 700 unarmed National Guard troops to be used to assist with traffic control during potential demonstrations.

Modeled after recent trucker protests in Canada, separate truck convoys have been planned through online forums. Many have different starting points, departure dates and routes, though some are scheduled to arrive in time for the State of the Union address. Others may arrive afterward.

Manger said his force’s “mission to protect the United States Congress, the Capitol, and the legislative process remains unwavering.”

The fence had been a stark symbol of the fear many in the Capitol felt after the mob pushed its way past overwhelmed police officers, broke through windows and doors and ransacked the Capitol as Congress was voting to certify Joe Biden’s electoral win. It remained up for several months.

The U.S. Capitol Police Board had approved a plan to briefly reinstall the fence for a rally in September that was organized to support people who remained jailed in connection with the insurrection. Law enforcement officers and members of the media vastly outnumbered the protesters and only a few incidents were reported.

Capitol Police have also requested additional assistance from outside law enforcement agencies before Tuesday’s address, in addition to the request for help from the National Guard, Manger said.

Metropolitan Police Department Chief Robert Contee has said his department is closely monitoring the shifting information and would be devoting additional policing in a rolling state of heightened alert over the next few weeks.