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    Why aren't we calling the Capitol attack an act of treason?

    During Donald Trump’s presidency, the UC Davis law professor Carlton Larson spent a lot of time on the phone telling journalists: “It’s not treason.”Trump’s behavior towards Russia: not treason. All the FBI investigations Trump labeled as treason: also not treason. Then came the 6 January attack on the Capitol by hundreds of Trump supporters. That was treason according to the founding fathers, Larson wrote in an op-ed the next day.But in the three months since 6 January, however, there has been little public discussion of “treason” as the framework for understanding what happened, Larson said. “Everything was ‘Treason, treason, treason,’ when it wasn’t, and now you have an event that is closer to the original 18th-century definition of treason than anything that’s happened, and it’s almost silent. Nobody is using the term at all,” he said.Federal prosecutors have brought cases against more than 300 people allegedly involved in the Capitol insurrection. So far, many of the rioters have been charged with lower-level offenses, like “disorderly and disruptive conduct in a restricted building”. A few members of extremist groups, including the Oath Keepers and the Proud Boys, are facing more serious conspiracy charges.There has been some public discussion of whether some rioters should face “sedition” charges, including an early comment by then president-elect Joe Biden that the rioting at the Capitol was an “unprecedented assault” on democracy that “borders on sedition”.A federal prosecutor who had been working on the Capitol cases told 60 Minutes in late March that he personally believed “the facts do support” sedition charges against some suspects. Michael Sherwin, the prosecutor, was publicly criticized by a federal judge for the media appearance, and is now the subject of an internal review over whether he spoke out inappropriately.Treason is defined in the US constitution as “levying war” against the United States, or “adhering” to the enemies of the United States and “giving them aid and comfort”. The framers had in mind “men gathering with guns, forming an army, and marching on the seat of government”, Larson said.Sedition, in contrast, is “a broader term for disloyal behavior” against the government, Larson said.There are two main types of sedition in US law: one is sedition associated with speech, or “seditious libel”, a charge which has been repeatedly used in the US to target anti-war and leftist activists, particularly during wartime, according to Jenny Carroll, a professor at the University of Alabama school of law. The other is “seditious conspiracy”, defined under federal law as taking action either to “overthrow” the US government, to use force “to prevent, hinder or delay the execution of any law of the United States” or “to seize, take, or possess any property of the United States”.While treason is a crime still punishable by death in the United States, the maximum penalty for seditious conspiracy is 20 years.‘If that’s not seditious conspiracy, I don’t know what is’In his book On Treason: A Citizen’s Guide to the Law, Larson argued that Americans were unlikely to mount an internal rebellion against the United States in modern times. Then the Capitol attack proved him wrong.What was distinctive about the Capitol riot, he said, was the use of force, which is necessary for something to count as “levying war” against the United States.He compared the insurrection to the anti-tax Whiskey Rebellion in 1794, which was forcefully put down by George Washington, and resulted in multiple indictments for treason.“If you asked a lawyer in 1790 if [6 January] was an act of treason or levying war against the United States, they would have almost certainly said yes,” Larson said.Yet Larson said he did not expect prosecutors would file treason charges in the 6 January cases, because the charge would probably add too many legal complications. A legal precedent from 1851 set a higher bar for the definition of treason, he wrote, defining it only as an attempt to overthrow the government itself, not simply the obstruction of one particular law.The definition of “seditious conspiracy”, in contrast, seems like a much easier match, Larson and Carroll agreed, particularly because it includes conspiracies “to prevent, hinder or delay the execution of any law”, which the Capitol invaders appear to have accomplished by forcing lawmakers to hide and delaying the certification of the 2020 election results.“Seditious conspiracy captures the flavor of January 6,” said Steve Vladeck, a federal courts expert at the University of Texas school of law. “You had a whole lot of people – who may not have had exactly the same motive, or may not have committed the exact same acts – who were in a very large degree involved in a common plan, the goal of which was to somehow, in some way, keep President Trump in office.”“If that’s not seditious conspiracy, I don’t know what is.”Seditious conspiracy charges have been rare in US historyIt remains unlikely that the majority of the rioters will face seditious conspiracy charges, experts said.The crime of “seditious conspiracy” requires proof, not just of the action, but of agreement, Carroll said. “The global chatter among US attorneys is that there has been a lot of work to trace electronic communications individuals engaged in to figure out who was talking to who,” she added.“To the extent that there are charges for seditious conspiracy, it would be against particular little cells of people,” Larson said. “It would be impossible to show that all of those people [at the Capitol] had some type of prior agreement with each other.”Sherwin, the federal prosecutor, told 60 Minutes in late March that there were “over 400 criminal cases” in total, but that only 10% of cases were “the more complex conspiracy cases” involving militia groups like the Oath Keepers and Proud Boys who “did have a plan”.Seditious conspiracy charges have been rare in US history. That’s largely because seditious conspiracy itself “doesn’t happen that much”, Larson said.In 1995, Sheikh Omar Abdel-Rahman and several followers were convicted of seditious conspiracy in a case related to the 1993 World Trade Center bombing. Oscar López Rivera, the leader of a Puerto Rican independence group, served 35 years in prison for seditious conspiracy before Barack Obama commuted his sentence in 2017.Some previous attempts by federal prosectors to convict far-right extremists for seditious conspiracy have failed.In 2012, a Michigan judge dismissed sedition charges against the five members of the Hutaree militia, a Christian militia group, ruling that the government’s case had relied too much on “circumstantial evidence”. Members of the group pleaded guilty to lesser weapons charges and were sentenced to time served.In 1988, an all-white jury acquitted 13 white supremacists of sedition charges in a high-profile trial in Fort Smith, Arkansas.More recently, Trump’s attorney general, William Barr, called last summer for prosecutors to file seditious conspiracy charges against demonstrators against police violence in the wake of George Floyd’s killing by police. Barr was particularly focused on protesters in Portland, where there had been property damage to a federal building, Carroll said.This was “entirely inconsistent with how previous protest movements” had been treated, Carroll said, and prompted concern and outrage from legal experts.The US government, Carroll said, “has not been great about being consistent about how it treats different types of dissenters”. “Dissenters calling for change in social conditions or racial conditions or class conditions tend to be much more heavily prosecuted than folks who do things like engage in voter intimidation or engage in acts of white-based maintenance of power.”Sedition laws in the early 20th century, including the Sedition Act of 1918, was “not only focused on World War I”, but “really focused on shutting down socialists and communists, who the government thought were going to be a threat to democracy”, said Roy Gutterman, the director of the Tully Center for Free Speech at Syracuse University.The supreme court at the time upheld convictions of “small groups of dissidents” who were “distributing fliers speaking out against the US government”, Gutterman said. That included socialists passing out flyers advocating that Americans peacefully resist the draft, which the supreme court at the time ruled was not protected as free speech.When a law originally designed to crack down on leftist and labor organizers were used to prosecute a Ku Klux Klan leader after a cross burning in the 1960s, the supreme court set a new standard, concluding that the law violated the Klan leader’s free speech rights. More

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    Oath Keepers founder swapped calls with members during Capitol attack

    The founder of far-right group the Oath Keepers, Stewart Rhodes, his lieutenant, and three members of the militia who guarded Donald Trump ally Roger Stone swapped numerous phone calls in a three-hour period on 6 January when the Capitol was attacked by a mob, prosecutors said Thursday.These exchanges coincided with the initial assault on police barricades outside Congress, and continued into when the three guards breached the US Capitol building, according to the Washington Post.Prosecutors made this claim in a new indictment, which added two of these guards – Joshua James and Roberto Minuta – to an ongoing Oath Keepers conspiracy case. James and Minuta were both previously charged.The case has 12 defendants, who are facing charges such as conspiracy, and obstruction of an official proceeding. Four of these co-defendants, including James and Minuta, have yet to enter pleas. The others have pleaded not guilty.“In response to a call for individuals to head to the Capitol after the building was breached, James and Minuta drove to the Capitol in a golf cart, at times swerving around law enforcement vehicles with Minuta stating, ‘Patriots are storming the Capitol … so we’re en route in a grand theft auto golf cart to the Capitol building right now … it’s going down guys’,” federal prosecutors said.Rhodes has previously denied there was a plan to breach Congress and insisted that authorities were trying to establish a bogus conspiracy. “I may go to jail soon, not for anything I actually did, but for made-up crimes,” he remarked to Texas Republicans during a recent rally in Laredo.Rhodes also implored ex-president Trump’s supporters to “not cower in fear”, maintaining that federal authorities were “trying to get rid of us so they can get to you”. Rhodes also reportedly said: “If we actually intended to take over the Capitol, we’d have taken it, and we’d have brought guns.”Neither Rhodes nor Stone have yet been accused of wrongdoing, The Post noted. More

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    The father, the son and the racist spirit: being raised by a white supremacist

    From an exposed bluff in Mill Point, West Virginia, Kelvin Pierce surveyed the remote place where his father chose to live and die. In a sense, he knew why. Kelvin is an avid outdoorsman, and even on a stark February day, with snow blanketing the earth and bitter wind whistling through the trees, he was moved by Appalachia’s subtle splendor. He understood why a man might settle there.“I love West Virginia,” Kelvin had said earlier, on the four-and-a-half-hour drive from his home just outside Washington. “It’s absolutely my favorite place on the planet.”It’s also full of sorrow.When Pierce’s father bought 346 acres in Mill Point, and relocated there permanently in 1985, he left his family behind. He started building a compound where a new kind of family – men and women of like mind – could live off the land and be free of outside influences. He moved into a rambling trailer home, where he lived with a series of wives who weren’t Pierce’s mother. He had divorced her, declaring the split “necessary in order for me to have the peace of mind I need to do most effectively what I must do with my life”.Nothing was more important to Kelvin’s father than white supremacy. The abandonment and the hate – the abandonment for hate – is what Kelvin has spent the better part of his life struggling to understand.To family and friends, his dad was Bill. To everyone else, he was William Luther Pierce III, one of America’s most prominent white nationalists.A physics professor turned neo-Nazi, William Pierce led a hate group called the National Alliance and a business empire that, at the time of his death from cancer in 2002, raked in $1m a year. He published books and magazines, hosted a radio program, and owned a music label, all of which promoted white supremacy. His work galvanized violent gangs, such as the Order and the Aryan Republican Army. Most infamously, it inspired the architect of the Oklahoma City bombing – Timothy McVeigh designed the attack based in part on Pierce’s 1978 novel The Turner Diaries.Reportedly called “the bible of the racist right” by the FBI, The Turner Diaries is a fantasy about white militants overthrowing the US government as part of a bloody race war. A 2016 report found that the book had been tied to at least 200 murders, committed in 40 terrorist attacks and hate crimes. This year, during the 6 January coup attempt, there were echoes of the novel’s core ideas in insurrectionists’ calls to kill members of Congress, and in a gallows erected near the Capitol.William Pierce raised Kelvin to hate Jews, Black people, immigrants – anyone who wasn’t white. Now 60, Kelvin has long rejected his father’s ideology, but only recently has he reached the point where he’s ready to talk about his upbringing, and how his story illuminates the toxic currents roiling America. “If I can help one other person that felt the way I used to feel, to feel better and to make different choices, then that’s what I want to do,” Kelvin said. “And I think I can help more than one person.”When he was little, Kelvin would sneak into his dad’s home office in northern Virginia to look at the bust of Adolf Hitler and the glass paperweight in the shape of a swastika that sat on the desk. Kelvin didn’t know what the items meant, and William Pierce wasn’t interested in explaining. He rarely spent time with Kelvin and his twin brother, Erik, preferring to fraternize with George Lincoln Rockwell, the leader of the American Nazi party, or to lock himself away writing articles decrying Jewish power and interracial marriage.Kelvin’s strongest memories of his dad involve abuse. Any disobedience or perception of bad behavior led to beatings with whatever was at hand: a belt, a wire hanger, a two-by-four. The violence left Kelvin with bruises and a deep well of self-loathing.His mom, Patty, didn’t approve of the cruelty, but she didn’t do much to intervene. She took a similar approach to her husband’s extremism, which he’d nurtured since at least the early 1960s. A math professor and the family breadwinner, because her husband had given up his own academic career to become an ideologue of hate, Patty did all of William Pierce’s accounting and typing. Kelvin said his mom was “absolutely terrified” when her husband started a firearms business – not because he advertised his stock as “Negro control equipment” necessary for “the coming race war”, but because it prompted newspapers to publish articles about him. Patty worried that someone might come to the house and hurt her family.When her sons told her that neighborhood kids made fun of them by calling them Nazis, she lamented that “it’s a terrible world” and “people are awful”. She didn’t answer when Kelvin asked her what a Nazi was, and she didn’t tell her boys that their father was to blame for what was happening to them.As a teenager, Kelvin was a bigot because he didn’t know any other way to be. He also hoped it would impress his dad. In high school, he gave a presentation on Hitler’s virtues and used the N-word to talk about Black classmates. By the time he went to college, he was “a mobile advertisement” for his father’s beliefs.“It made me feel superior to be part of the white race,” Kelvin later wrote. “Yet deep, deep down, something didn’t quite feel right about it either.”He began to change when he transferred from a small Christian college to Virginia Tech. He roomed with a young man from South America who was “thoughtful, caring, and very intelligent” – all things that Kelvin’s father insisted people who weren’t white couldn’t be. He took classes with students who saw the world very differently than he did. When Ronald Reagan was elected president and many of his liberal peers were visibly upset – including his roommate, who drew a dagger and drops of blood on a photo of Reagan – he wanted to understand why. He started paying attention to politics and watching the evening news, which his dad had always said was worthless because Jews controlled the media. Kelvin wondered if everything he’d been taught was wrong.He met a fellow student named Susan when they were both engineering interns with the navy one summer. Kelvin thought she was beautiful, but while his racism was rapidly dissipating, his shame – the feeling that his dad had abused him for a reason, that he deserved it – was not. He couldn’t imagine making the first move, but Susan could. “You know, if you were to ask me out, I would say yes,” she announced one day.They were married in 1986. William Pierce came to the wedding. His gift to the bride and groom was a box of 9mm ammunition. “To keep the wolves away from your door!” his note read. Kelvin didn’t even own a gun.By then, William Pierce had divorced Patty, decamped to Mill Point, and curtailed contact with his sons. Kelvin only confronted his dad once, asking why he’d chosen white supremacy over everything else in his life. “It was the only responsible thing I could do,” his father replied.For her part, Susan didn’t think that William Pierce’s worldview mattered. “Thank goodness that’s a dying thought process,” she recalled thinking – an assumption she now sees as optimistic, or perhaps naive. It was also hard for her to fathom the extent of the abuse Kelvin suffered.“You know, he hit me every day,” he told her once.“Every day?” she replied, incredulous.Susan had grown up in a home where, as she put it, “We were always hugging each other, and we always said, ‘I love you.’”She and Kelvin had kids only because they agreed to adopt them. “I was just terrified of furthering my genes,” Kelvin said. “I was so messed up and so damaged as a human being that I couldn’t fathom the idea of trying to make another human being.” Their daughters, Mariame and Marieka, are from the country of Georgia. Kelvin vowed to love them like he’d never been loved. He coached their softball teams and took them on camping trips.William Pierce never met his granddaughters. For seven years prior to his death, he didn’t reply to the letters and photos documenting their childhood that Kelvin sent him. Despite everything, Kelvin kept reaching out. His anger at how he’d been raised collided with yearning for paternal approval. When he first heard of the connection between The Turner Diaries and the Oklahoma City bombing, his knee-jerk reaction was a perverse kind of pride that his dad was in the news. He was ashamed his mind went there, but at a loss for how to stop it.Kelvin was battling his demons without armor or weapons. He was also doing it alone. “You’re a mystery to me,” Susan would tell him sometimes. “I don’t understand why you won’t tell me how you’re really feeling.”In July 2002, his uncle called to tell him that his father was dead. Kelvin hadn’t even known he was sick. He surprised himself by crying, then realized what he was really mourning: he had to let go of the futile hope that his father might one day love him. He went to West Virginia for the memorial service, where neo-Nazis offered their condolences and said Kelvin must have admired his father very much.How little they know, he thought.He looked like his dad – tall and lanky, with mournful eyes, a long, square jaw, and prominent ears. He shared William Pierce’s introspection and his dislike of being told what to do. But the similarities ended there.After the service, he began to feel something new: he was sad for his father and the life he’d led. It could have been different. But again and again, William Pierce had made the wrong choices, leaving heartache and hate in his wake.Kelvin wanted to start making better choices of his own.To Mariame Pierce, her dad’s bookshelf told the story. When she was little, it held volumes about Kelvin’s hobbies – mountain climbing, for instance. Over time, new titles appeared, ones about self-discovery and philosophy, written by Eckhart Tolle and Deepak Chopra. While she was growing up, her dad was changing too. “He became more present and thoughtful, more conscious and intentional,” said Mariame, now 25.Kelvin had embarked on a “healing” journey, as he describes it. He read, reflected, and prayed. He worked with a counselor to process his childhood trauma, including his father’s belief system. He and Susan, who already ran a successful construction business together, started a charitable foundation to support orphanages in Georgia. When he posted pictures from visits to his daughters’ native country, friends remarked that he looked uncharacteristically happy. “To make a child feel like at least somebody in the world loves them, it’s the most amazing thing in the world,” Kelvin said.He told his life story publicly for the first time at his local Rotary Club. He described how, in his youth, he’d fantasized about traveling to Washington with a gun and opening fire on Black people. His teenage dreams now repulsed him. Afterward, audience members came up to thank him. Some of them were crying.The more he talked about his experiences, the more people told Kelvin he should write a book. It took a seismic national event for him to decide they were right.On 12 August 2017, the Unite the Right rally in Charlottesville, Virginia, turned deadly. Watching the events unfold, “I was immediately transported back to my childhood,” Kelvin said. “The hatefulness of their energy and what they were saying, the way they were saying it, especially ‘You will not replace us’ – it was just like being an eight- or nine-year-old kid, when my dad took me to an American Nazi party picnic.”He started writing what would become Sins of My Father, which he self-published in February 2020. In addition to telling Kelvin’s personal story, the book draws on private letters and other archival documents that reveal how perceived grievances, personal disappointment, and twisted self-regard led William Pierce to dedicate his life to white supremacy.Though it’s impossible to pinpoint the exact moment when his father’s beliefs began to curdle – stories of radicalization are never so precise – Kelvin finds seeds of discontent in the years when William Pierce was a new husband, a new father, and newly endowed with his physics doctorate. “I think Dad was becoming angry and resentful and was suddenly frightened of the future and the heaviness of it all,” Kelvin writes. “He hated the idea of working for someone else. He never wanted to have to answer to anyone else, even his wife.”This period in William Pierce’s life coincided with the rise of progressive identity politics – the acceleration of the civil rights movement, for instance, and the dawn of second-wave feminism. He wanted to be a man who mattered, a man people listened to. White nationalism allowed him to be that. His life became one long ideological devolution, nourished by the power and attention he accrued evangelizing about hate.If the story sounds familiar, it is. America is still plagued by the forces of rightwing radicalization. Sins of My Father draws parallels between William Pierce and Donald Trump, who “emboldened white supremacists and mass-shooters by his words and deeds,” as Kelvin writes. “In many ways, Trump has succeeded where Dad failed. He has taken hate and discrimination mainstream.”Other evidence of his father’s enduring impact hit closer to home. After Marieka Pierce enrolled in a police academy in Virginia, one day in class, her instructors showed the room a picture of her grandfather, describing him as an example of a homegrown extremist. “My hand went up,” Marieka later told her mom.The instructors were stunned to hear about the family connection. William Pierce was a staple in their curriculum about hate crimes; they’d been teaching recruits about him for as long as they could remember. They asked to meet Kelvin to get a fuller picture of the man who, in obituaries, was remembered as “a cold and calculating racist” and “the godfather of hate in this country.”Donny MacMullen has his own take on William Pierce: he thinks Kelvin’s father was a great man.MacMullen, who is in his 30s, with reddish brown hair, a full beard, and striking blue eyes, moved to Mill Point from Massachusetts a few years ago to help preserve Pierce’s legacy. Today, he’s the caretaker of the National Alliance compound, which amounts to a few scattered buildings and the rocky sprawls of land between them.The place is in a state of disrepair, and people rarely visit, but there are reminders of the community Kelvin’s dad was trying to build before he died: an AV facility stocked with equipment that was first-rate in the early aughts; a library that once housed several thousand volumes; stacks of slickly produced magazines promoting racism; a meeting house where William Pierce presided over annual National Alliance conferences. Today, even as Pierce’s ideas continue to find adherents, the organization he started is a shade of its former self.MacMullen was happy to welcome Kelvin to the compound in February. Indeed, members of the National Alliance had long made clear that William Pierce’s son could visit anytime. For more than 15 years after his father’s death, however, Kelvin stayed away. He wasn’t ready to make peace with it, because he wasn’t at peace with himself.It was a steep drive up switchbacks to the heart of the compound, where MacMullen was waiting, wearing a knit cap with a swastika stitched to the front. When Kelvin asked him about the symbol, MacMullen laughed. It just represents love for the white race, he insisted. Kelvin pointed out that it was associated with hate and genocide, and MacMullen shifted gears. If you love something deeply, he said, then you have to hate anything that threatens it.This was another way of expressing the sentiment of a meme MacMullen once posted on his Facebook page: “I’m white but that doesn’t mean I’m racist … I will put my boot in your ass, my knife to your throat, and your body in the dirt if you f**k with me and mine.”Kelvin and MacMullen walked for a while on the property, just the two of them. If it was painful to talk with a man who revered his father – who saw virtue in a racist who beat him every day of his childhood – Kelvin didn’t let it show. They talked about their divergent beliefs, and neither man was interested in budging.“We’ll just have to agree to disagree,” MacMullen said at one point.When Kelvin recounted the conversation to his best friend, Gil Jullien, who’d come on the trip as moral support, Jullien was furious. “Oh, that’s bullshit!” he said. “I don’t agree to disagree!”Jullien was speaking from experience. He was troubled that a close childhood friend had become a vociferous Trump supporter, the sort who regularly posts racist and sexist content on Facebook. Once, when the two men were at a high school reunion talking politics, Jullien’s friend had told him they’d have to agree to disagree. Jullien wasn’t having it. “In my opinion, he’s ruining our country, and I’m not,” he later explained.Kelvin shares Jullien’s moral compass. “Aggression and hate and violence are the epitome of cowardice,” he said. But he doesn’t want to feel antagonism or resentment toward anyone, not even white nationalists.He prefers to listen and question, not to confront; to offer the possibility of connection rather than writing people off. His approach might not be for everyone, but for Kelvin it’s vital. If he could be redeemed, why not someone like MacMullen?“I’m putting myself out there for people that want help and want change,” Kelvin said.Before Kelvin left the compound, MacMullen gave him a copy of a book – a tome, really, at more than 1,000 pages. Written in 1978 by William Gayley Simpson, a white nationalist who ran in the same circles as William Pierce, Which Way Western Man? bemoans the supposed decline of white civilization, the rise of feminism and multiculturalism, and the alleged chokehold liberal orthodoxy has on modern society – it’s a collection of white supremacy’s greatest hits.MacMullen said the text meant a lot to him. Back home in Virginia, in the spirit of listening and questioning, Kelvin cracked the book and read the first 50 or so pages. “It kind of boils down to, do you live your life stuck in the rat race, within society’s norms, or do you break out from that and try to live a more authentic life, doing what you want to do, what you feel is right versus what society says is right?” he said.The language struck a chord. He heard echoes of his own transformation, of setting a new course for himself. Whereas Kelvin chose a path defined by hope and inclusivity, people who admire his father have let bigotry be their guide. Still, in their journeys’ common origin, Kelvin saw promise – the possibility of trying again, and getting it right this time.“It’s not as insurmountable a task to start a recovery process as some people think. It does take discipline, but it actually works,” he said. “I’m living proof of that, right?”The last time Kelvin saw his father, he jumped off a mountain.Kelvin had started hang-gliding in his 20s, and during his first visit to the compound in West Virginia – the only one he took while William Pierce was alive – his dad had suggested he glide off one of the property’s peaks. No way, Kelvin told him. There weren’t open areas below where he could land. At best he’d come away injured; at worst he could die.A few years later, in 1995, Kelvin traveled to Spruce Knob, the highest point in West Virginia, for a series of flights over the Labor Day weekend. He invited his dad to come watch him. He didn’t expect him to show, but as Kelvin was untying his glider from its rack on his truck, he heard a familiar voice.“You need a hand with that?” his father asked.“You actually came,” Kelvin replied.With his father’s help, Kelvin made quick work of maneuvering his 80lb glider to the launch site. Before them was a pleated vista, gentle peaks and valleys thick with late-summer green. Kelvin suited up and pointed to the landing field where his father could meet him. “Clear!” he yelled, before taking a few running steps and leaving the earth.The flight was perfect. A swell of wind – a lift, as hang-gliders say – allowed Kelvin to pilot much higher than he’d planned, rendering his dad a dot on the ground. He stayed in the sky for an hour. The view was majestic: forests and farms and fields stretching beneath him.He touched down with ease in a wide field. As he was packing up his gear, he heard the familiar voice again: “Wow, Kelvin, that was absolutely amazing.”It was the first time in his life that Kelvin knew for certain he’d impressed his father.They stood in the landing field talking for a bit longer. Then father and son said their goodbyes and went their separate ways: William Pierce to what Kelvin called “his life of hate at the compound”; he to new chapters of his existence. Some, such as parenthood, would be joyous. Wrestling with his past would be torment. But just like he navigated the wind high above the mountains, Kelvin would steer himself to a place where he could land, safe and whole, and invite others to join him, if only they too have the courage to leap.Seyward Darby is the editor-in-chief of the Atavist Magazine and the author of Sisters in Hate: American Women on the Front Lines of White Nationalism. Johnathon Kelso is an editorial photographer working on long-form projects related to history and race in the American south More

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    Zuckerberg faces Capitol attack grilling as Biden signals tougher line on big tech

    Mark Zuckerberg, the head of Facebook, could be in for a rough ride on Thursday when he testifies to Congress for the first time about the 6 January insurrection at the Capitol in Washington DC and amid growing questions over his platform’s role in fuelling the violence.The testimony will come after signs that the new administration of Joe Biden is preparing to take a tougher line on the tech industry’s power, especially when it comes to the social media platforms and their role in spreading misinformation and conspiracy theories.Zuckerberg will be joined by Sundar Pichai and Jack Dorsey, the chief executives of Google and Twitter respectively, at a hearing pointedly entitled “Disinformation nation: social media’s role in promoting extremism and misinformation” by the House of Representatives’ energy and commerce committee.The scrutiny comes after a report found that Facebook allowed groups linked to the QAnon, boogaloo and militia movements to glorify violence during the 2020 election and weeks leading up to the deadly mob violence at the US Capitol.Avaaz, a non-profit advocacy group, says it identified 267 pages and groups on Facebook that spread “violence-glorifying content” in the heat of the 2020 election to a combined following of 32 million users. More than two-thirds of the groups and pages had names aligned with several domestic extremist movements.The top 100 most popular false or misleading stories on Facebook related to the elections received an estimated 162m views, the report found. Avaaz called on the White House and Congress to open an investigation into Facebook’s failures and urgently pass legislation to protect American democracy.Fadi Quran, its campaign director, said: “This report shows that American voters were pummeled with false and misleading information on Facebook every step of the 2020 election cycle. We have over a year’s worth of evidence that the platform helped drive billions of views to pages and content that confused voters, created division and chaos, and, in some instances, incited violence.“But the most worrying finding in our analysis is that Facebook had the tools and capacity to better protect voters from being targets of this content, but the platform only used them at the very last moment, after significant harm was done.”Facebook claimed that Avaaz had used flawed methodology. Andy Stone, a spokesperson, said: “We’ve done more than any other internet company to combat harmful content, having already banned nearly 900 militarized social movements and removed tens of thousands of QAnon pages, groups and accounts from our apps.”He acknowledged: “Our enforcement isn’t perfect, which is why we’re always improving it while also working with outside experts to make sure that our policies remain in the right place.”But the report is likely to prompt tough questions for Zuckerberg in what is part of a wider showdown between Washington and Silicon Valley. Another flashpoint on Thursday could be Section 230 of the 1996 Communications Decency Act, which shields social media companies from liability for content their users post.Repealing the law is one of the few things on which Biden and his predecessor as president, Donald Trump, agree, though for different reasons. Democrats are concerned that Section 230 allows disinformation and conspiracy theories such as QAnon to flourish, while Trump and other Republicans have argued that it protects companies from consequences for censoring conservative voices.More generally, critics say that tech companies are too big and that the coronavirus pandemic has only increased their dominance. The cosy relationship between Barack Obama’s administration and Silicon Valley is a thing of the past, while libertarian Republicans who oppose government interference are a fading force.Amazon, Apple, Facebook and Google have all come under scrutiny from Congress and regulators in recent years. The justice department, the Federal Trade Commission (FTC) and state attorneys general are suing the behemoths over various alleged antitrust violations.In a letter this week to Biden and Merrick Garland, the new attorney general, a coalition of 29 progressive groups wrote: “It’s clear that the ability of Big Tech giants like Google to acquire monopoly power has been abetted by the leadership deficit at top enforcement agencies such as the FTC … We need a break from past, failed leadership, and we need it now.”There are signs that Biden is heeding such calls and spoiling for a confrontation. On Monday he nominated Lina Khan, an antitrust scholar who wants stricter regulation of internet companies, to the FTC. Earlier this month Tim Wu, a Columbia University law professor among the most outspoken critics of big tech, was appointed to the national economic council.There is support in Congress from the likes of David Cicilline, chairman of the House judiciary committee’s antitrust panel, which last year released a 449-page report detailing abuses of market power by Apple, Amazon, Google and Facebook.The Democratic congressman is reportedly poised to issue at least 10 legislative initiatives targeting big tech, a blitz that will make it harder for the companies and their lobbyists to focus their opposition on a single piece of legislation.Cicilline, also working on a separate bill targeting Section 230, told the Axios website: “My strategy is you’ll see a number of bills introduced, both because it’s harder for [the tech companies] to manage and oppose, you know, 10 bills as opposed to one.“It also is an opportunity for members of the committee who have expressed a real interest or enthusiasm about a particular issue, to sort of take that on and champion it.” More

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    Roger Stone faces fresh scrutiny as Capitol attack investigation expands

    As the federal investigation of the 6 January Capitol insurrection expands, scrutiny of Donald Trump’s decades-long ally Roger Stone is expected to intensify, given his links to at least four far-right Oath Keepers and Proud Boys who had been charged, plus Stone’s incendiary comments at rallies the night before the riot and in prior weeks, say ex-prosecutors and Stone associatesAlthough Stone was not part of the attack on the Capitol by a pro-Trump mob that shocked America, the self-styled “dirty trickster” – who was convicted on seven counts in the Russia investigations into the 2016 elections but later pardoned by Trump – had numerous contacts with key groups and figures involved in the riot in the weeks before and just prior to its start.The night before the riot, Stone spoke at a Washington DC “Rally to Save America” where the former president’s unfounded claims that the election was stolen by Democrats were pushed and Stone urged an “epic struggle for the future of this country, between dark and light, between the godly and the godless, between good and evil”.Early on 6 January, Stone was seen in cellphone videos near a Washington hotel hanging out with six members of the far-right militia Oath Keepers serving as his “bodyguards”, including three who have been charged in the federal investigation. Stone, according to Mother Jones, also raised funds for “private security” events on 5 January and 6 January before the Capitol attack, which included a rambling talk by Trump urging his supporters to “fight like hell”.Back on 12 December, Stone also spoke at a “Stop the Steal” rally that amplified Trump’s erroneous claims of massive election fraud, and urged hundreds of Trump loyalists to “fight until the bitter end … Never give up, never quit, never surrender, and fight for America,” Stone implored the crowdCongressional investigators looking into the far-right Proud Boys, including some charged in the riot, have also reportedly been looking into ties that Stone had with their leaders Enrique Tarrio and Ethan Nordean, who were seen in a video in contact with Stone at another demonstration in DC the night before the December 12 rally, according to Just SecurityNordean is one of at least a dozen Proud Boys who have been charged so far in the riot investigation, and one of several who are facing conspiracy chargesTarrio, who attended Stone’s trial and had other contacts with him, was arrested in DC two days before the riot and charged with setting fire in December to a Black Lives Matter flag and for carrying high capacity magazines for weaponsBack in 2016, Stone first set up the group “Stop the Steal” which raised false claims that the election would be stolen from Trump, a baseless charge that grew exponentially post election in 2020 to try to undermine Biden’s victory.Last year Trump railed against Stone’s conviction in the Russia inquiry which included lying to Congress and drew a 40-month jail sentence. But shortly before Stone was to enter prison in mid 2020 Trump commuted his sentence, and in December gave him a full pardon.Former senior prosecutors say that Stone could be a growing focus of the federal inquiry of the riot which has already charged more than 300 people including at least a dozen Proud Boys and 10 Oath Keepers for illegal acts related to their roles in the Capitol attack.“Prosecutors follow the facts and evidence where they lead, and certainly should be investigating any connections between Stone and those who were responsible for the insurrection on January 6,” Mary McCord, a veteran prosecutor who led the national security division at Justice at the end of the Obama administration until May 2017, said in an interviewOther ex-prosecutors go further and see Stone as a potential target.“As a result of the pardon corruptly granted by Trump, it would not be surprising for Roger Stone to become a federal prosecutor’s holy grail,” said Phil Halpern, who retired last year after 36 years as an assistant US attorney who specialized in corruption cases. “In this quest, the charged Oath Keepers and Proud Boys are merely pawns leading to the ultimate prize. Rest assured, prosecutors will be dangling lenient treatment and other inducements in return for any testimony implicating Stone in the Capitol riot.”But some ex-prosecutors caution that charging Stone will be difficult “absent direct evidence of an intent to commit or aid and abet treason or seditious conspiracy”, said Paul Pelletier, a former acting chief of the justice department’s fraud sectionThe Washington Post and other outlets have reported that Stone and Alex Jones, the host of the conspiracy driven InfoWars talk show where Stone has often appeared as a guest and promoted disinformation, are being investigated related to their ties with figures in the riot and if they had any role in its planning.Jones, who has boasted he paid $500,000 for the rally on 6 January, and Stone have had close links since at least the 2016 campaign, when Stone spoke glowingly of Jones declaring in an interview that his show is “the major source of everything”.In an email, Stone vehemently denied having anything to do with the Capitol riot.“Any statement, claim, insinuation, or report alleging, or even implying, that I had any involvement in or knowledge, whether advance or contemporaneous, about the commission of any unlawful acts by any person or group in or around the US Capitol or anywhere in Washington DC on January 6, 2021, is categorically false.”Stone has previously said that he simply wanted to spur “peaceful” protests of Congress on 6 January and stressed that he “denounced the violence at the Capitol”.On his website, StoneColdTruth, he has launched appeals to help with legal expenses by requesting checks for “the STONE LEGAL DEFENSE FUND to help prepare to fend off this malicious assault on me once again”.Stone’s denials notwithstanding, some former lobbying partners of his at Black, Manafort, Stone and Kelly voice dismay at his decades long fealty to Trump, a client of the firm in the 1980s, about a decade after Stone earned notoriety for playing a small part in the scandal-ridden 1972 Richard Nixon campaign.“Roger has been totally devoted to Trump for over 30 years and that has clouded his judgment about his own ethical values and led to a criminal conviction,” said Charlie Black in an interview.“I’m not surprised that the devotion is still there, even post-election and post-pardon.”Similarly, ex-Stone partner Peter Kelly said he’s been shocked by Stone’s recent drive to discredit the election results – and similar efforts by Michael Flynn, who was also convicted in the Russia inquiry and pardoned by Trump. “To see people like Gen Flynn and Stone who just escaped a serious encounter with the law, walking the edge again is stunning,’” Kelly said in an interview.In 2016, Kelly blasted Stone’s modus operandi, telling the Guardian that “Roger operates by a different set of rules, and his object is to disrupt. He traffics in the unusual.” More

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    Four Proud Boys leaders charged over alleged roles in US Capitol attack

    Four men described as leaders of the far-right Proud Boys group have been charged in the US Capitol riot, as an indictment ordered unsealed on Friday presents fresh evidence of how federal officials believe members planned and carried out a coordinated attack to stop Congress certifying Joe Biden’s electoral victory.At least 19 leaders, members or associates of the neo-fascist Proud Boys have been charged in federal court with offenses related to the 6 January riot, which resulted in five deaths.The latest indictment suggests the Proud Boys deployed a much larger contingent in Washington, with more than 60 users “participating in” an encrypted messaging channel for group members created a day before.The Proud Boys abandoned an earlier channel and created the new Boots on the Ground channel after police arrested the group’s leader, Enrique Tarrio, in Washington. Tarrio was arrested on 4 January and charged with vandalizing a Black Lives Matter banner at a historic Black church during a protest in December. He was ordered to stay out of the District of Columbia.Tarrio has not been charged in connection with the riots but the latest indictment refers to him by his title as Proud Boys’ chairman.Ethan Nordean and Joseph Biggs, two of the four defendants charged in the latest indictment, were arrested several weeks ago on separate but related charges. The new indictment also charges Zachary Rehl and Charles Donohoe.All four defendants are charged with conspiring to impede certification of the electoral college vote. Other charges in the indictment include obstruction of an official proceeding, obstruction of law enforcement during civil disorder and disorderly conduct.Nordean, 30, of Auburn, Washington, was a Proud Boys chapter president and member of the group’s national Elders Council. Biggs, 37, of Ormond Beach, Florida, is a self-described Proud Boys organizer. Rehl, 35, of Philadelphia, and Donohoe, 33, of North Carolina, are presidents of local Proud Boys chapters, according to the indictment.A lawyer for Biggs declined to comment. Attorneys for the other three men didn’t immediately respond to messages.Proud Boys members, who describe themselves as a politically incorrect men’s club for “western chauvinists”, have engaged in street fights with antifascist activists at rallies and protests. Vice Media co-founder Gavin McInnes, who founded the Proud Boys in 2016, sued the Southern Poverty Law Center for labeling it as a hate group.The Proud Boys met at the Washington Monument around 10am on 6 January and marched to the Capitol before then president Donald Trump finished addressing thousands of supporters near the White House.Around two hours later, just before Congress convened a joint session to certify the election results, a group of Proud Boys followed a crowd who breached barriers at a pedestrian entrance to the Capitol grounds, the indictment says. Several Proud Boys entered the Capitol building after the mob smashed windows and forced open doors.At 3.38pm, Donohoe announced on the “Boots on the Ground” channel that he and others were “regrouping with a second force” as some rioters began to leave the Capitol, according to the indictment.“This was not simply a march. This was an incredible attack on our institutions of government,” assistant US attorney Jason McCullough said in a recent hearing for Nordean’s case.Prosecutors have said the Proud Boys arranged for members to communicate using Baofeng radios. The Chinese-made devices can be programmed for use on hundreds of frequencies, making them difficult for outsiders to eavesdrop.After Tarrio’s arrest, Donohoe expressed concern that encrypted communications could be “compromised” when police searched the group chairman’s phone, according to the new indictment. In a 4 January post on a newly created channel, Donohoe warned members that they could be “looking at Gang charges” and wrote, “Stop everything immediately,” the indictment says.“This comes from the top,” he added.A day before the riots, Biggs posted on the Boots on the Ground channel that the group had a “plan” for the night before and the day of the riots, according to the indictment.In Nordean’s case, a federal judge accused prosecutors of backtracking on their claims that he instructed Proud Boys members to split up into smaller groups and directed a “strategic plan” to breach the Capitol.“That’s a far cry from what I heard at the hearing today,” US district judge Beryl Howell said on 3 March.Howell concluded that Nordean was extensively involved in “pre-planning” for the events of 6 January and that he and other Proud Boys “were clearly prepared for a violent confrontation”. However, she said evidence that Nordean directed other Proud Boys members to break into the building is “weak to say the least” and ordered him freed from jail before trial.On Friday, Howell ordered Proud Boys member Christopher Worrell detained in federal custody pending trial on riot-related charges. Prosecutors say Worrell traveled to Washington and coordinated with Proud Boys leading up to the siege.“Wearing tactical gear and armed with a canister of pepper spray gel marketed as 67 times more powerful than hot sauce, Worrell advanced, shielded himself behind a wooden platform and other protestors and discharged the gel at the line of officers,” prosecutors wrote in a court filing.Defense attorney John Pierce argued his client wasn’t aiming at officers and was only there in the crowd to exercise his free speech rights.“He’s a veteran. He loves his country,” Pierce said. More

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    The best way for Democrats to weaken the far right? Build up the labor movement | Brendan O'Connor

    The election and inauguration of Joe Biden and Kamala Harris does not represent the defeat of the far right, as even the most mainstream Democrats must rhetorically acknowledge. The more critical question, however, is whether those same Democrats are willing to support the changes necessary to actually achieve this victory: not through the introduction of new domestic terror legislation and the expansion of the security state, but through passing laws that allow poor and working people to build power for themselves, in their own organizations and institutions, on their own terms.The incoming administration has already signaled its sensitivity to the urgency of the moment: within hours of taking office, Biden signed a slew of executive orders on the pandemic, immigration, and the climate that began the work of undoing some of what the Trump administration was able to accomplish without congressional involvement. But many of these orders only return federal policy to the pre-Trump status quo, which was already insufficient; those that go beyond that previous status quo do so in the most minimal or superficial of ways. If the Biden administration is serious about legislating towards a more just and equitable society, it must not only pursue reforms to the way that Congress itself works – abolishing the filibuster, for example – but it must prioritize structural reforms like the Protecting the Right to Organize Act, which would open the door to a transformation of the US labor movement.Mostly overshadowed by the storming of the US Capitol, the second impeachment of Donald Trump, and the inauguration of Joe Biden, a slew of worker struggles in the United States are entering critical phases. On Martin Luther King Day in New York, in two very different parts of the city, the New York police department descended upon peaceful demonstrators who had taken to the streets in support of separate, but related causes: in an encore of their performance this summer, hundreds of cops beat and arrested dozens of Black Lives Matter protesters marching through downtown Manhattan, near city hall; 11 miles and an hour’s subway ride away, in the Bronx’s Hunts Point neighborhood, hundreds more NYPD cops swarmed a picket line of workers on strike for a $1-an-hour raise, arresting six. The co-op that runs the market has reportedly hired a private security firm to keep fruits and vegetables moving, with help from the NYPD. Six workers at the market, mostly members of the striking Teamsters Local 202, have died since the beginning of the coronavirus pandemic.Without a robust labor movement, the sole bulwark against far-right violence will be the stateThis month alone, in addition to the workers who keep New York supplied with fresh produce going on strike, white-collar workers at Alphabet, Google’s parent company, announced the formation of a union, which grew from 225 members to more than 700 within a week. Elsewhere in California, gig workers, supported by the Service Employees International Union, are suing to overturn a ballot measure stripping them of their rights as workers that platform companies like Uber and Lyft spent $200m to get passed last year. Chicago’s formidable teachers’ union is threatening to strike over school reopenings. And a union drive at an Amazon warehouse in Alabama is headed to a vote beginning next month. Nearly half a million unionized essential workers’ contracts will be up for renegotiation this year, Luis Feliz Leon reports in the New Republic, setting the stage for a potential strike wave.Victory is not only necessary to improve the conditions of the workers engaged in these particular struggles, but because an organized working class that can fight (and win) is our only hope to defeat an increasingly militant far right. Without a robust labor movement, guided by the principles of anti-fascism and anti-racism, the sole bulwark against far-right violence will be the state – specifically, the law enforcement agencies whose repressive power has grown exponentially in the last few decades, and is inevitably turned against workers, the poor, the racialized and the left.In the weeks and months since the election, Washington’s liberal establishment dissuaded anyone from counter-demonstrating against the fascists who repeatedly marched through the city to protest Donald Trump’s election loss. The momentum those fascists were able to build carried them up the steps of the US Capitol, leaving five dead; consequently, tens of thousands of national guards members and police were ordered into DC.“Their America has always done this elsewhere,” the writer and army veteran Matt Gallagher told the Guardian, speaking of the young troops occupying the city. “Now it’s happening here.” Even though leftwing organizations weren’t actively targeted, leftwing organizing efforts were disrupted as a result, with mutual-aid networks disrupted by blockades and checkpoints.The point is not to attempt to win over people who would take up arms to oppose a multiracial, socially equitable democracy; the point is to build a movement that can fight for a society where the appeal of such ideologies is obviated. The more successful any fascist or far-right populist movement is, the more working-class people will be absorbed into it, won over by its subversiveness, its superficial anti-capitalism, and its appeals to blood and soil. But at their core, these movements are not for working people and the poor; they are based in the reactionary middle classes: the heirs to suburban fortunes; the cops and prison guards and border patrol agents; the serial entrepreneurs who never have to suffer the consequences of their failures.The struggle against fascism does not begin or end with fighting fascists in the street. In fact, the most successful antifascist mobilization is not one in which the fascists get beaten up, but one that is so well-organized, publicized, and receives such popular support that the fascists never show up at all. Admittedly, this does not make for dramatic photography or videos. It deprives journalists of the spectacle of violence, but it also keeps people safe.Sustaining such mobilization over time will not be possible without a dynamic, vital labor movement, freed to experiment with new organizational forms that reach new layers of the American working class – a movement that can also lead the fight against climate change, police violence and mass incarceration, and against the capitalist order that, when in crisis, gives rise to fascism in the first place. More

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    Most alleged Capitol rioters unconnected to extremist groups, analysis finds

    Nearly 90% of the people charged in the Capitol riot so far have no connection with militias or other organized extremist groups, according to a new analysis that adds to the understanding of what some experts have dubbed the “mass radicalization” of Trump supporters.A report from George Washington University’s Center on Extremism has analyzed court records about cases that have been made public. It found that more than half of people facing federal charges over the 6 January attack appear to have planned their participation alone, not even coordinating with family members or close friends. Only 33 of the 257 alleged participants appear to have been part of existing “militant networks”, including the Proud Boys and the Oath Keepers anti-government militia.The dominance of these “individual believers” among the alleged attackers underscored the importance of understanding the Capitol violence as part of a “diverse and fractured domestic extremist threat,” and underscored the ongoing risk of lone actor terror attacks, the George Washington researchers concluded.Other analysts have argued the Capitol attackers should be understood as “not merely a mix of rightwing organizations, but as a broader mass movement with violence at its core”.‘Mass radicalization becomes mass mobilization’While individuals associated with far-right networks were critical in escalating the violence at the Capitol, the report found that members of organized extremist groups make up only a small minority of the people charged so far.About a third of the people charged were part of “organized clusters” of family members or friends who planned their participation together. These small groups allegedly include a father and son from Delaware, a mother and son from Tennessee, several husband and wife pairs, two brothers from Montana, and a group of acquaintances from Texas, including Jenna Ryan, a real estate broker, who took a private plane to Washington together to storm the capitol.The existence of these clusters of participants “demonstrates the importance of involvement in friendship or kinship networks as a key factor in encouraging increasingly extreme beliefs and high-risk, often violent, activism”, the report notes.But the largest category of alleged rioters, according to the report, was a “hodgepodge” of individuals with a variety of extremist beliefs who made plans to come to the rally, originally billed as a “Stop the Steal” protest, on their own, and had no documented connections to existing groups, or even to small clusters of other Trump supporters. These “inspired believers” included adherents of the QAnon conspiracy theory, as well as people who simply believed the false claims of Donald Trump and Republican lawmakers that the election had been stolen from Trump and wanted to do something about it.Michael Jensen, a senior researcher who specializes in radicalization at the National Consortium for the Study of Terrorism and Responses to Terrorism, said the results of the analysis were not surprising. “What we witnessed on January 6 wasn’t a one-off extremist plot,” he said. “We witnessed an instance of mass radicalization which turned into an instance of mass mobilization.”Trump’s “big lie” about election fraud, repeated for months across social media and traditional media platforms, had succeeded in radicalizing “potentially millions of individuals who have collectively adopted an extremist viewpoint” about the legitimacy of the election, Jensen said.“We’re seeing a lot of folks [charged] who look like pretty normal people,” he said. “They tend to be older individuals, that were married, with families, that had jobs. These are not hardcore extremists. These are individuals who got caught in a really extraordinary circumstance.”Many of the unaffiliated people charged in the attack might not have even known what an Oath Keeper or a Proud Boy was, Jensen said, “but they know who the president is … and the president was providing a narrative of fraud”.A different analysis of court records by the Chicago Project on Security and Threats, looking at 290 arrests connected to the Capitol attack, found very similar results to the George Washington University report, including that only 12% of alleged participants were part of militias or other organized violent groups.This initial data revealed, the Chicago analysts wrote, that “‘normal’ pro-Trump activists joined with the far right to form a new kind of violent mass movement”.The Chicago report also warned that typical counter-terrorism approaches, such as arresting members of dangerous extremist groups, would not be very effective to confront this complex threat, which may require “de-escalation approaches for anger among large swaths of mainstream society”.The George Washington University report also revealed how instrumental the alleged rioters’ own social media posts have been to building criminal cases against them. Roughly half of people charged over the riot had their own alleged social media posts used against them as evidence, while about 30% of people charged had “been possibly incriminated” by the social media accounts of friends. More