The Department Of Justice Must Open A Criminal Investigation Into ‘Traitor’ Kevin McCarthy And The Sedition Caucus

Catching up on the news, the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol sent a preservation letter to telecom companies for “Traitor” Kevin McCarthy’s communications, and the communications of other Sedition Caucus members. House Panel Requests McCarthy’s Phone Records Be Preserved in Jan. 6 Inquiry:

The House committee investigating the Jan. 6 Capitol riot included Representative Kevin McCarthy, the Republican leader, this week on a list of hundreds of people whose records it instructed social media and telecommunications companies to preserve for possible use in the inquiry.

The preservation request, which listed 11 other far-right Republicans when it was issued on Monday, was accompanied by a statement that said the committee was merely “gathering facts, not alleging wrongdoing by any individual.”

The move signals that the panel may seek more information from Mr. McCarthy, who has said he had a tense phone call with Donald J. Trump as a mob of the former president’s supporters laid siege to the Capitol, a conversation that could shed light on Mr. Trump’s state of mind and intentions as the violence unfolded.

It also adds new context to Mr. McCarthy’s threat this week to retaliate against any company that complies with the records preservation demand.

Threats and intimidation of custodian of records witnesses, obstruction of justice and obstruction of Congress are crimes. “Traitor” Kevin McCarthy and his Sedition Caucus co-conspirators are “The Gang That Couldn’t Shoot Straight.” They actually put it in writing.  Forbes reports, Republicans Accidentally Send Letter To Wrong CEO In Attempt To Thwart Jan. 6 Probe:

A group of 11 right-wing Republican lawmakers [Sedition Caucus] mistakenly sent a letter addressed to the former CEO of Yahoo in an effort to pressure the company not to comply with a records request from the House select committee investigating the Capitol riot.

The letter, first reported by <https://www.forbes.com/sites/andrewsolender/2021/09/03/ethics-watchdog-requests-probe-into-kevin-mccarthy-marjorie-taylor-greene-for-threatening-telecom-firms/”>Forbes, was sent to Marissa Mayer, who resigned as CEO of the web services and email company more than four years ago, rather than current CEO Guru Gowrappan.

The letter was one of more than a dozen, sent to companies including AT&T, Apple and Verizon, which owns Yahoo, by 11 right-wing Republicans including Reps. Andy Biggs (R-Ariz.), Jim Banks (R-Ind.) and Marjorie Taylor Greene (R-Ga.).

The letters urge the companies to decline a request from the January 6 panel to preserve the phone records and data of Capitol riot defendants and others who sought to overturn the election, vowing to “pursue all legal remedies” if they don’t.

What legal remedies? There is no privilege for co-conspirators plotting a criminal act of seditious insurrection, even if they are a member of Congress.

Many of the letter’s signatories, such as Reps. Mo Brooks (R-Ala.) and Madison Cawthorn (R-N.C.), who spoke at a “Stop The Steal” rally outside the White House ahead of the Capitol riot, are likely being targeted by the probe.

So should Reps. Andy Biggs and Paul Gosar of Arizona. Arizona Reps. Andy Biggs and Paul Gosar implicated by activist in Capitol insurrection; Ethics complaint filed against Biggs, Cawthorn and Gosar over Capitol riot.

One ethics watchdog, Citizens for Responsibility and Ethics in Washington (CREW), has gone as far as to file a complaint with the Office of Congressional Ethics requesting an investigation into McCarthy and Greene for public comments they have made threatening companies not to comply with the request.

The House Select Committee to Investigate the January 6th Attack on the U.S. Capitol hit back at Kevin McCarthy — and implies he’s trying to obstruct justice:

The House Select Committee investigating the January 6 attack on the U.S. Capitol hit back at Rep. Kevin McCarthy (R-CA) after he issued a threat against telecom companies that comply with the committee’s subpoenas.

[T]he committee warn[ed] that these threats will not obstruct their business — and heavily impl[ied] that they considered McCarthy’s actions to be potential obstruction of justice.

“The Select Committee is investigating the violent attack on the Capitol and attempt to overturn the results of last year’s election. We’ve asked companies not to destroy records that may help answer questions for the American people,” said the official Twitter account of the committee. “The committee’s efforts won’t be deterred by those who want to whitewash or cover up the events of January 6th, or obstruct our investigation.”

The Department of Justice has an obligation to open a criminal inquiry into “Traitor” Kevin McCarthy and his Sedition Caucus gang for conspiracy to engage in witness intimidation, obstruction of justice, and obstruction of Congress.

Prosecution of Kevin McCarthy ‘increasingly plausible’ after bombshell new report: former federal prosecutor:

House Minority Leader Kevin McCarthy (R-CA) is among the group of GOP lawmakers whose communications records are being scrutinized by the House Select Committee to Investigate the January 6th Attack on the United States Capitol.

McCarthy threatened telecommunication companies that cooperated with Congress.

The new revelation could make it more likely that McCarthy will be prosecuted under the Victim and Witness Protection Act of 1982.

The law “forbids anyone from corruptly, or by threats of force or by any threatening communication, influencing, obstructing, or impeding any pending proceeding before a department or agency of the United States, or Congress.”

Former federal prosecutor Ken White, who offers legal analysis from the popular @Popehat account on Twitter, noted how McCarthy’s inclusion on the list could change perceptions of McCarthy’s “corrupt intent.”

“‘If you comply with an investigation request and turn over MY records to a Congressional committee then next Congress will punish you’ sounds even more like corrupt intent under 18 USC 1505. Still not a sure thing but increasingly plausible,” White wrote.

https://twitter.com/Popehat/status/1433546874061942801

More: Former federal prosecutor says Kevin McCarthy’s ‘threatening’ response to Jan. 6 committee could be criminal (excerpt):

From the start, McCarthy is over his skis. He accused the Democrats of “attempts to strong-arm private companies to turn over individuals’ private data,” but the committee’s preservation request doesn’t yet rise to that level. And it’s not clear what ” federal law” the committee’s request would violate.

But worse than misstating the facts, McCarthy may be improperly interfering in the investigation. Ken White, a former federal prosecutor and legal analyst who is typically restrained in his application of federal law, argued on Twitter that there’s a decent, if not decisive, case that McCarthy’s threat is criminal.

“This may not be criminal, but it is a colorable law school exam question for obstruction of justice, worth the analysis,” White wrote. “In effect [McCarthy] is threatening to use future unspecified legislation to punish witnesses for responding to legal process. I could convince a jury he’s acting with the required corrupt mental state. There are other complications.”

He linked to the federal obstruction of justice statute in the U.S. criminal code for reference.

“Now, maybe McCarthy genuinely believes the requests for docs are unlawful. There are remedies for that — like suing and seeking injunctive relief, a protective order preventing compliance. You know, the rule of law. What you do if you have a legal argument,” he continued. “By contrast, ‘we think these official demands from Congress are invalid and if you abide by them we will use majority control of Congress to punish you’ sounds like a good example of ‘corruptly’ under the statute to me.”

Glenn Kirschner, another former federal prosecutor who tends to be more enthusiastic about applying criminal statutes to novel situations, agreed:

And this is precisely what happens when our law enforcement authorities refuse to TIMELY hold criminal politicians accountable. It encourages further crime – like McCarthy criminally obstructing a congressional proceeding. Hey DOJ – start enforcing the d@mn law! https://t.co/utBF9ZqewH

— Glenn Kirschner (@glennkirschner2) August 31, 2021

It’s nevertheless extremely unlikely that the Justice Department under Attorney General Merrick Garland would pursue this case. He’s shown a clear hesitancy to act in any way that might be perceived as overly partisan, and it’s hard to imagine he would stick his neck out on a relatively novel case that targets the House minority leader.

Merrick Garland needs to be more aggressive with these seditious insurrectionists. He has been going after the low hanging fruit – perfectly understandable if the DOJ is building an insurrection case by working its way up the chain and getting witnesses to flip – but at some point, the DOJ really needs to file charges against those at the top who planned, organized, funded, and incited the insurrection on January 6. So much of this is evidence already in the public record.

The DOJ also has an obligation to prevent the next domestic terrorist act of insurrection. These traitorous GQP sonsuvbitches have another insurrection planned for September 18.

Roll Call reports, Capitol Police prepare for Sept. 18 rally, lawmakers invited:

The Capitol Police department is preparing for potential violence at a Sept. 18 protest that members of Congress have been invited to attend.

[Rep. Paul Gosar (R-AZ), see below.]

The organization Look Ahead America — led by Matt Braynard, a former Trump campaign employee — requested a permit for up to 500 people to demonstrate at noon Sept. 18 in Union Square for a so-called #JusticeForJ6 rally. The event is intended to support those arrested as a result of storming the Capitol on Jan. 6 and to call for justice for a rioter who was fatally shot that day. More than 570 defendants have been arrested in connection with the attack, according to the Department of Justice.

An intelligence evaluation from the Capitol Police said there could be violence at the rally.

See, Rep. Madison Cawthorn calls Jan. 6 rioters ‘political prisoners,’ warns of ‘bloodshed’ at GOP event.

House Speaker Nancy Pelosi, a target of the violence on January 6, responded in a statement (excerpt):

Rep. Cawthorn Becomes Latest House Republican to Call For Violence Against Political Enemies

From the Speaker’s Press Office

Fewer than eight months after insurrectionists stormed the U.S. Capitol to beat police officers and threaten the lives of Capitol workers, journalists, Members of Congress and Congressional staffers, Republican Representative Madison Cawthorn (NC-11) is calling for another January 6th-style attack.

And like he has several times this year, Minority Leader McCarthy is refusing to take action against a member of his conference who is calling for violence. 

McCarthy backed Representative Taylor Greene after she threatened to execute Members of Congress.  He sat on his hands as his members and allies threatened the lives of police officers who responded to January’s insurrection.  McCarthy himself even joked about hitting Speaker Pelosi with a gavel.

Now McCarthy is refusing to confront one of his members for calling for ‘bloodshed’ on behalf of the insurrectionists many House Republicans consider to be ‘political prisoners.’

Roll Call continues:

“Though outwardly Matt Braynard has instructed attendees to remain peaceful, given the propensity for this group to attract domestic extremists, their support for the insurrectionists, and their continued challenges to democratic institutions, it is not unreasonable to plan for violent altercations with those associated with this demonstration,” a department assessment said.

Far-right websites, including patriots.win, have featured discussions flagged by the department.

[T]he Proud Boys put out a video that encourages members of the far-right extremist group to attend the rally, and White Lives Matter is promoting a nationwide protest on Sept. 18 that includes the District of Columbia, according to Capitol Police intelligence. White Lives Matter is described by the Southern Poverty Law Center as a neo-Nazi group.

The Capitol Police Board will likely meet this week to consider the security posture for the rally, which could include the construction of a fence around the Capitol complex, a source familiar told CQ Roll Call. The board that will ultimately decide whether the fence goes up is composed of three voting members: House Sergeant-at-Arms William J. Walker, Senate Sergeant-at-Arms Karen Gibson and J. Brett Blanton, the architect of the Capitol. J. Thomas Manger, the Capitol Police chief, is an ex officio member of the board.

Pro Tip: Activate all federal police assets, just as Trump did for Black Lives Matter protestors. Have National Guard units stand at the ready. Set up a cordon and herd every one of these traitorous seditious insurrectionists onto buses and book them all for sedition and insurrection. Do not treat this as just another “First Amendment” protest. These domestic terrorists forfeited that presumption on January 6. Arrest and prosecute every one of these damn traitors.

“We are closely monitoring September 18 and we are planning accordingly. After January 6, we made Department-wide changes to the way we gather and share intelligence internally and externally,” Manger said in a Sept. 1 statement. “I am confident the work we are doing now will make sure our officers have what they need to keep everyone safe.”

The Department of Homeland Security assigned the Look Ahead America protest a special event assessment rating of five. The scale ranges from five— “Events that may be nationally recognized but generally have local or state importance” — to one, described by DHS as “Significant events with national and/or international importance that require extensive federal interagency support.” That rating is subject to change as the rally date approaches.

Braynard, the executive director of Look Ahead America, said in a rally guidance video that the protest’s focus is on “demanding justice” for what he called “political prisoners” [Bullshit!], and for Ashli Babbitt, an Air Force veteran and QAnon follower fatally shot by a Capitol Police officer as she attempted to breach the Speaker’s Lobby through a broken window during the insurrection. Braynard did not respond to a request for comment.

The Department of Justice declined to pursue criminal charges against Capitol Police Lt. Michael Byrd, the officer who shot Babbitt. Further, the Capitol Police said Byrd acted “within department policy” and that it would not discipline him. Still, far-right groups view Babbitt as a martyr and her death has served as an impetus for action by Look Ahead America and some Republicans in Congress.

Rep. Paul Gosar, R-Ariz., has questioned “who executed Ashli Babbitt?” and used his official website to allege a “cover up.” Gosar, Rep. Marjorie Taylor Greene, R-Ga., and Rep. Matt Gaetz, R-Fla., have been associated with Look Ahead America. [All co-conspirators in the Sedition Caucus under investigation by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol].

This white supremacist piece of shit, Gosar again:

LAA is honored to announce that Congressman Paul Gosar (@RepGosar) will address the #rallyagainstpoliticalpersecution this Saturday at noon at the Department of Justice in Washington DC.

Join us and stay up to date at https://t.co/kKZkynFdZE. pic.twitter.com/EtEuCLDuDh

— Matt Braynard (@MattBraynard) June 17, 2021

Look Ahead America held two previous events in D.C. to raise awareness for arrested rioters. One was held at the Department of Justice in June and one in July at the D.C. Jail.

Republican Reps. Louie Gohmert of Texas, Bob Good of Virginia and Andy Biggs of Arizona joined Gaetz, Greene and Gosar at a July 27 news conference outside the DOJ on the treatment of the insurrectionists in prison.[All co-conspirators in the Sedition Caucus under investigation by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol]. The event was cut short by protesters. Greene, Gosar, Gaetz and Gohmert later went to the D.C. Jail and said they wanted to speak to prisoners, but they were not let in.

I’m sorry, but WTF is Attorney General Merrick Garland waiting for? Charge the Sedition Caucus with a conspiracy to aid and abet an insurrection. They do not have to complete the crime with an actual insurrection to be charged with a conspiracy. Garland cannot sit back and “wait to see what happens” on September 18. He already has enough evidence to support an indictment for January 6. Do not give these treasonous traitors of the GQP Sedition Caucus another opportunity.