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      Republican faces questions over whether he lied under oath to key panel

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      A key Republican witness is facing questions over whether he lied under oath about receiving financial aid from an ally of former US president Donald Trump.Garret O’Boyle, a former FBI field agent turned purported whistleblower, testified last week to a congressional panel investigating what Republicans assert is the “weaponisation” of the federal government against conservatives.At one point, O’Boyle was asked by Democrat Dan Goldman whether Kash Patel, who held multiple roles in the Trump administration, is helping finance O’Boyle’s legal counsel. The witness replied: “Not that I’m aware of.”The answer has raised eyebrows because, during a previous interview with the House of Representatives’ weaponisation subcommittee in February, O’Boyle disclosed that his legal fees are being paid by a nonprofit organisation called Fight With Kash, also known as the Kash Foundation and run by Kash Patel.Furthermore, a Democratic staff report published in March notes that Patel arranged for Jesse Binnall, who served as Trump’s top “election fraud” lawyer in 2020, to serve as counsel for O’Boyle. Binnall sits on the Kash Foundation’s board of directors and has acknowledged working on past lawsuits funded by the foundation.In light of these details, Democrats are concerned that O’Boyle was not fully truthful before the committee chaired by Republican Jim Jordan, a staunch Trump backer. Lying to Congress carries a penalty of up to five years’ imprisonment.Goldman told the Guardian: “Mr O’Boyle’s answers in the subcommittee hearing on Thursday appear to contradict his previous testimony in the transcribed interview with subcommittee staff. In order to ensure witnesses are truthful when they come before the subcommittee, Chairman Jordan must determine whether or not Mr O’Boyle lied under oath on Thursday.”O’Boyle was an FBI special agent from 2018 until earlier this year. He was among several former FBI employees who accused the bureau of politicisation at the hearing, which took place a day after the FBI announced that two of them had their security clearances revoked after either attending the January 6 insurrection or espousing conspiracy theories about the attack.The Congressional Integrity Project, a watchdog monitoring the Republican investigations, had previously noted that the witnesses on Thursday included anti-vaxxers, election deniers and supporters of far-right groups.Jordan and other Republicans on the committee hailed the ex-FBI employees as patriots who were facing retribution for speaking out against government abuse. Democrats dismissed the testimony, calling the hearing another partisan attempt by Republicans on the committee to help Trump.Stacey Plaskett, who represents the US Virgin Islands, said: “This select committee is a clearinghouse for testing conspiracy theories for Donald Trump to use in his 2024 presidential campaign.”skip past newsletter promotionafter newsletter promotionIn a series of contentious exchanges, Democrats complained that one of Thursday’s witnesses was only interviewed by Republican members of the committee. Many pointed to House rules that state minority and majority staff are required to have equal access to witness testimony, whether it is a whistleblower account or not.O’Boyle’s testimony could pile pressure on Jordan over the credibility of the weaponisation subcommittee, seen by critics as a brazen attempt to damage Joe Biden ahead of next year’s presidential election.Kyle Herrig, executive director of the Congressional Integrity Project, said: “Mr O’Boyle’s testimony in this week’s hearing should be investigated immediately by Chairman Jordan’s subcommittee. The fact that O’Boyle’s own lawyer has such deep ties to Kash Patel, a January 6 co-conspirator and close ally of Donald Trump, is already enough to call any of his testimony into question.”Jordan’s office denies that O’Boyle lied under oath. Russell Dye, a spokesperson for the chairman, said: “Yet again the Democrats distorted the facts in their report on our brave FBI whistleblowers. Jesse Binnall is representing Mr O’Boyle pro bono.”Dye pointed to a transcript of O’Boyle’s interview in which Binnall sought to explain his role. Binnall told the subcommittee that “although Mr O’Boyle was not aware of this directly, his representation by counsel is actually not being paid by anybody because it’s pro bono”.However, Democrats rejected this argument at the time. They wrote in their report that “O’Boyle’s own testimony concerning his interactions with Kash Patel undercuts Binnall’s apparent attempt to distance himself and his client from Patel.“Committee Democrats note further that as recently as February 12 – two days after O’Boyle testified – Patel praised Binnall on Truth Social, calling him ‘Americas lawyer.’ Binnall and Patel appear to operate out of the same Alexandria, VA, office building.” More

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      FBI broke own rules in January 6 and BLM intelligence search, court finds

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      FBI officials repeatedly violated their own standards when they searched a vast repository of foreign intelligence for information related to the January 6 insurrection and racial justice protests in 2020, according court order released Friday.FBI officials said the thousands of violations, which also include improper searches of donors to a congressional campaign, predated a series of corrective measures that started in the summer of 2021 and continued last year. But the problems could nonetheless complicate FBI and justice department efforts to receive congressional reauthorization of a warrantless surveillance program that law enforcement officials say is needed to counter terrorism, espionage and international cybercrime.The violations were detailed in a secret court order issued last year by the foreign intelligence surveillance (Fisa) court, which has legal oversight of the US government’s spy powers. The Office of the Director of the National Intelligence released a heavily redacted version on Friday in what officials said was the interest of transparency.“Today’s disclosures underscore the need for Congress to rein in the FBI’s egregious abuses of this law, including warrantless searches using the names of people who donated to a congressional candidate,” said Patrick Toomey, deputy director of the ACLU’s National Security Project.“These unlawful searches undermine our core constitutional rights and threaten the bedrock of our democracy. It’s clear the FBI can’t be left to police itself.”At issue are improper queries of foreign intelligence information collected under section 702 of the Foreign Intelligence Surveillance Act, which enables the government to gather the communications of targeted foreigners outside the US.That program, which is set to expire at the end of the year, creates a database of intelligence that US agencies can search. FBI searches must have a foreign intelligence purpose or be aimed at finding evidence of a crime. But congressional critics of the program have long raised alarm about what they say are unjustified searches of the database for information about Americans, along with more general concerns about surveillance abuses.Such criticism has aligned staunch liberal defenders of civil liberties with supporters of Donald Trump, who have seized on FBI surveillance errors during an investigation into his 2016 campaign. The issue has flared as the Republican-led House has been targeting the FBI, creating a committee to investigate the “weaponization” of government.In repeated episodes disclosed on Friday, the FBI’s own standards were not followed. The April 2022 order, for instances, details how the FBI queried the section 702 repository using the name of someone who was believed to have been at the Capitol during the January 6 6 riot. Officials obtained the information despite it not having any “analytical, investigative or evidentiary purpose”, the order said.The court order also says that an FBI analyst ran 13 queries of people suspected of being involved in the Capitol riot to determine if they had any foreign ties, but the justice department later determined that the searches were not likely to find foreign intelligence information or evidence of a crime.Other violations occurred when FBI officials in June 2020 ran searches related to more than 100 people arrested in connection with civil unrest and racial justice protests that had occurred in the US over the preceding weeks. The order says the FBI had maintained that the queries were likely to return foreign intelligence, though the reasons given for that assessment are mostly redacted.In addition, the FBI conducted what’s known as a batch query for 19,000 donors to an unnamed congressional campaign. An analyst doing the search cited concern that the campaign was a target of foreign influence, but the justice department said only “eight identifiers used in the query had sufficient ties to foreign influence activities to comply with the querying standard”.Officials said the case involved a candidate who ran unsuccessfully and is not a sitting member of Congress, and is unrelated to an episode described in March by congressman Darin LaHood, an Illinois Republican, who accused the FBI of wrongly searching for his name in foreign surveillance data.Senior FBI officials, speaking on condition of anonymity to reporters under ground rules set by the government, attributed the majority of the violations to confusion among the workforce and a lack of common understanding about the querying standards.They said the bureau has made significant changes since then, including mandating training and overhauling its computer system so that FBI officials must now enter a justification for the search in their own words than relying on a drop-down menu with pre-populated options.One of the officials said an internal audit of a representative sample of searches showed an increased compliance rate from 82% before the reforms were implemented to 96% afterward. 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      DC officer leaked information to Proud Boys leader, indictment alleges

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      A Washington DC police officer was arrested on Friday on charges that he lied about leaking confidential information to Proud Boys extremist group leader Enrique Tarrio and obstructed an investigation after group members destroyed a Black Lives Matter banner in the nation’s capital.An indictment alleges that Metropolitan police department lieutenant Shane Lamond, 47, of Stafford, Virginia, warned Tarrio, then national chairman of the far-right group, that law enforcement had an arrest warrant for him related to the banner’s destruction.Tarrio was arrested in Washington two days before Proud Boys members joined the mob in storming the US Capitol on 6 January 2021. Earlier this month, Tarrio and three other leaders were convicted of seditious conspiracy charges for what prosecutors said was a plot to keep the then president, Donald Trump, in the White House after he lost the 2020 election to Democrat Joe Biden.A federal grand jury in Washington indicted Lamond on one count of obstruction of justice and three counts of making false statements.The indictment accuses Lamond of lying to and misleading federal investigators.Lamond is expected in court on Friday and is on administrative leave.Lamond, who supervised the intelligence branch of the police department’s Homeland Security Bureau, was responsible for monitoring groups like the Proud Boys.His attorney, Mark Schamel, didn’t immediately respond to a phone message seeking comment.Schamel has previously said that Lamond’s job was to communicate with a variety of groups protesting in Washington, and his conduct with Tarrio was never inappropriate and said his client “doesn’t share any of the indefensible positions” of extremist groups.The Metropolitan police department said it would do an internal review after the federal case against Lamond is resolved.Lamond’s name repeatedly came up in the Capitol riot trial of Tarrio and other Proud Boys leaders.Messages introduced at Tarrio’s trial appeared to show a close rapport between the two men, with Lamond texting “hey brother”.Tarrio’s lawyers had wanted to call Lamond as a witness, but were stymied by the investigation into Lamond.Lamond used the Telegram messaging platform to give Tarrio information about law enforcement activity around July 2020, according to prosecutors.In December 2020, Lamond told Tarrio about where competing antifascist activists were expected to be.Jurors who convicted Tarrio heard testimony that Lamond frequently provided the Proud Boys leader with internal information about law enforcement operations before Proud Boys stormed the Capitol. More

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      January 6 rioter shot in face by police sentenced to nearly two years in prison

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      A Capitol rioter from Alabama who was shot in the face by police but still invaded Congress with a knife on his hip and rummaged through Ted Cruz’s desk while the Texas senator hid in a closet, was sentenced on Tuesday to nearly two years in prison.On 6 January 2021, outside the Capitol in Washington, a police officer shot Joshua Matthew Black in his left cheek with a crowd-control munition. The resulting bloody hole in his face did not stop Black from occupying the Senate with other rioters after lawmakers ran.“Black was a notorious offender during the attack on the Capitol,” prosecutors said in a court filing.“The nation was shocked and appalled at the events of January 6, and perhaps no other incident sparked as much outrage and distress as Black and other rioters’ occupation of the Senate chamber.”Prosecutors recommended a five-year prison sentence for Black, 47 and from Leeds, a suburb of Birmingham.A US district judge, Amy Berman Jackson, sentenced Black to 22 months in prison followed by two years of supervised release.Black did not testify before being convicted in January of five charges, including three felonies, after trial testimony was given without a jury. Jackson acquitted Black of one count, obstructing a congressional proceeding.Black joined the mob that disrupted the joint session of Congress for certifying Joe Biden’s 2020 electoral victory. But the judge concluded that prosecutors did not prove Black knowingly intended to obstruct or impede proceedings.A defense attorney, Clark Fleckinger, said Black was an evangelical Christian who believed God directed him to go to Washington so he could “plead the blood of Jesus” on the Senate floor “to foster congressional atonement for what he perceived to be the transgressions of [a] corrupt Democratic party and Republican party”.More than 1,000 people have been charged with Capitol riot-related crimes. Roughly 500 have been sentenced to imprisonment ranging from seven days to more than 14 years. Nineteen have received sentences of five years or longer.Black, who runs a lawn-mowing business, traveled alone to Washington to attend Donald Trump’s Stop the Steal rally. He then joined the crowd walking to the Capitol. Armed with a concealed knife, he was the first rioter to breach a barricade at the Capitol’s lower west terrace.“This brazen act no doubt encouraged other rioters, who soon after overran the entire Lower West Terrace,” prosecutors wrote.Black joined the mob on the west plaza, where police shot him with a “less-than-lethal” munition.“Rioters near Black became enraged that he was shot, and they harassed and assaulted officers,” prosecutors wrote.After entering the Capitol through the east rotunda, Black breached the Senate chamber and remained inside for more than 20 minutes.Black rummaged through a desk assigned to Cruz – who has described how he and other senators took refuge in a supply closet – and posed for photos on the Senate dais.Before leaving, Black joined other rioters in a “raucous demonstration styled as a prayer” and led by Jacob Chansley, the self-styled “QAnon Shaman”, prosecutors said.Black later told the FBI he had a hunting knife in a sheath beneath his coat while in the Senate chamber. Agents found the knife at Black’s home when they arrested him on 14 January 2021.He was jailed in Washington and remained detained until a judge ordered his release on 24 April. He will get credit for jail time served. More

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      Proud Boys and Oath Keepers: what is their future with top leaders jailed?

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      The recent convictions of the Oath Keepers leader Stewart Rhodes and Proud Boys leader Enrique Tarrio has raised questions about the future of both extremist groups and what role they may or not play in the future path of violent extremism in the US.Researchers who monitor American far-right organizations said the Oath Keepers have in effect been decimated, with only a handful of chapters remaining, while the Proud Boys are ramping up efforts to protest at LGBTQ events and taking cues from larger national conservative conversations about hostility to transgender rights.“The impact of criminal litigation, really any litigation, legal accountability has been quite different [for both groups],” said Rachel Carroll Rivas, deputy director of research and analysis for the Intelligence Project at the Southern Poverty Law Center (SPLC). “So I don’t know that the solution for all groups engaged in violence and conspiracy are going to have the same outcome from the same accountability measure.”Carroll Rivas said since the arrests of Rhodes and other Oath Keepers’ members, it only took about five months for the group to go from nearly 100 chapters to just a handful remaining active. “I can tell you I don’t see as many Oath Keeper bumper stickers around,” she reported.The Oath Keepers, Carroll Rivas explained, were structured with their leader, Stewart Rhodes, assuming all the primary roles. Carroll Rivas describes Rhodes’s conviction and potential 25-year prison sentence as cutting off the “head of the dragon” and undermining the group’s strategy of recruiting law enforcement, military veterans, and public officials.They were “quasi-following some of the rules” with a legal structure and non-profit status, Carroll Rivas said, and their strategy focused on a purposeful recruitment of “people who are respected members of society” in a greater attempt to wield power. Oath Keeper members joined something they didn’t necessarily believe would participate in unacceptable activities, let alone anything criminal, she explained.“When something happens like January 6, when things get out of hand, it pushes the everyday membership away from the organization itself, not from its beliefs, but it definitely pushed them away from the Oath Keepers’ name.”Experts are most worried about the splintering of the far right when it comes to people who then act alone or in small groups unaffiliated to anyone else: a phenomenon that is extremely hard for law enforcement to track and infiltrate.There’s a “steady drumbeat” of people not trusting the government, engaging in conspiracy theories and grievances, and encouraging people to arm themselves, Siegel said, and a world of people online that share that view. That means there are alternatives to the Oath Keepers for people still wanting to be engaged in far-right activities.“Will those people look elsewhere for more extreme, like-minded groups or will they lay low? It remains to be seen,” said Warren Siegel, vice-president of the Anti-Defamation League’s Center on Extremism.Today, extremists “can choose their own adventure”, pulling bits of ideology from white supremacy and anti-government groups. As a result, Siegel said: “There is a lot more opportunity to create strains of anti-government theory that will animate people into action and it’s much harder to track.”Worryingly, researchers are finding it difficult to know when a potential extremist is moving from rhetoric to action. “When the language of extremism is so similar to general public discussion, it’s more difficult to know where the next attack is coming from,” Siegel said.But the Proud Boys, unlike the Oath Keepers, have not splintered.In the wake of Tarrio’s conviction, the Proud Boys are ramping up their activity, and trying to disrupt LGBTQ+ events, such as protesting at drag queen story hours. The Proud Boys, which have many local chapters throughout the country and decentralized leadership, have realized they don’t need to travel thousands of miles and can “shift the social norm in their backyard”, said Siegel.He added: “They glom on to a contentious public issue in order to try to attract people.” Siegel argued that the Proud Boys were doubling down in their attempts to target the LGBTQ+ events because of the “the baseless narrative that LGBTQ community are grooming children”.Unlike the Oath Keepers, which had a specific anti-government ideology, Siegel explained the Proud Boys were taking strains from different ideologies, such as the rise of Christian nationalism and opposition to what they view as the radical left.The Proud Boys are also not the only extremist group that is targeting the LGBTQ+ community, Siegel said. White supremacists with a history of violence are engaging in it almost weekly. Siegel called it a “toxic combination” of groups with a history of violence and hateful ideology, saying it was the “challenge of our time” to mitigate that threat.Researchers expressed concerns about Proud Boys’ actions in the aftermath of January 6 and Tarrio’s conviction because of their long record of engaging in violence.“Part of their ethos, part of the attraction to others is that they are shamelessly militant,” said Siegel. Violent extremes and grievances against the government are here to stay, he explained, saying the question is how the US can minimize their impact. “Accountability is part of that despite how it’s spun,” he argued.America is “not the healthiest democracy right now”, Siegel explained. “How do you win hearts and minds in this country? There is no fairytale ending to an insurrection.” More

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      Liz Cheney releases Trump January 6 attack ad aimed at CNN town hall

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      The former House January 6 committee member Liz Cheney released an attack ad against Donald Trump in New Hampshire on the eve of his appearance there in a controversial CNN town hall.“There has never been a greater dereliction of duty by any president,” Cheney warns in the ad, which focuses on Trump’s incitement of the deadly Capitol attack on 6 January 2021.“Donald Trump has proven he is unfit for office. Donald Trump is a risk America can never take again.”Trump incited the attack by his supporters in an attempt to block certification of Joe Biden’s election win. Nine deaths have been linked to it. Thousands of arrests have been made and hundreds of convictions secured – some for seditious conspiracy.Trump was impeached for inciting an insurrection but acquitted by Senate Republicans.Cheney, the daughter of the former congressman, defense secretary and vice-president Dick Cheney, was vice-chair of the House committee which investigated the Capitol attack and, regarding Trump, made criminal referrals to the Department of Justice.Cheney lost her Wyoming seat to a Trump-backed challenger last year.Now working on a book – entitled Oath and Honor: A Memoir and a Warning – she has not counted out running for the Republican nomination against Trump, or running for president as an independent conservative.Her new ad will run only on CNN in New Hampshire, where at St Anselm College on Wednesday night, CNN will host a Trump town hall with Republican voters.CNN has defended its decision to host Trump by pointing out that he is the clear Republican frontrunner. Cheney’s ad will run before and during the town hall.The same day Cheney’s ad came out, Trump was found liable for sexual assault and defamation in a case brought by E Jean Carroll, a writer who claims Trump raped her. Ordered to pay around $5m in damages, Trump responded angrily, denying wrongdoing and saying he would appeal.Trump faces legal jeopardy on a scale unprecedented for a presidential candidate, let alone the clear leader for a major party nomination.Investigators in Georgia are expected soon to announce indictments related to Trump’s attempted election subversion there.The federal investigation into his attempt to overturn his 2020 defeat by Joe Biden, and his incitement of the Capitol attack on 6 January 2021, goes on.skip past newsletter promotionafter newsletter promotionFederal authorities are also examining Trump’s retention of classified information after leaving office.Last month in New York, he pleaded not guilty to 34 criminal counts related to his hush money payment to the porn star Stormy Daniels, who claims an affair Trump denies.Trump also faces a New York state civil suit over his business and tax affairs.Nonetheless, Trump leads by wide margins in polling regarding the Republican nomination in 2024. Cheney barely features.Speaking to the New York Times, a spokesperson for Trump called Cheney “a stone-cold loser who is now trying to grift her way to relevance”.Conversely, the Guardian columnist Robert Reich has said Cheney “has displayed more courage and integrity than almost any other member of her party – indeed, given the pressure she was under, perhaps more than any lawmaker now alive”. More

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      Kentucky man gets record-setting 14 year sentence for role in Capitol attack

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      A Kentucky man with a long criminal record has been sentenced to a record-setting 14 years in prison for attacking police officers with pepper spray and a chair as he stormed the US Capitol with his wife.Peter Schwartz’s prison sentence is the longest so far among hundreds of Capitol riot cases. The judge who sentenced Schwartz on Friday also handed down the previous longest sentence – 10 years – to a retired New York police department officer who assaulted a police officer outside the Capitol on 6 January.Prosecutors had recommended a prison sentence of 24 years and 6 months for Schwartz, a welder.US district Judge Amit Mehta sentenced Schwartz to 14 years and two months in prison, followed by three years of supervised release.Mehta said Schwartz was a “soldier against democracy” who participated in “the kind of mayhem, chaos that had never been seen in the country’s history.”“You are not a political prisoner,” the judge told hm. “You’re not somebody who is standing up against injustice or fighting against an autocratic regime.”Schwartz briefly addressed the judge before learning his sentence, saying, “I do sincerely regret the damage that January 6 has caused to so many people and their lives.”The judge said he didn’t believe Schwartz’s statement, noting his lack of remorse. “You took it upon yourself to try and injure multiple police officers that day,” Mehta said.Schwartz was armed with a wooden tire knocker when he and his then-wife, Shelly Stallings, joined other rioters in overwhelming a line of police officers on the Capitol’s Lower West Terrace, where he threw a folding chair at officers.“By throwing that chair, Schwartz directly contributed to the fall of the police line that enabled rioters to flood forward and take over the entire terrace,” prosecutor Jocelyn Bond wrote in a court filing.Schwartz, 49, also armed himself with a police-issued “super soaker” canister of pepper spray and sprayed it at retreating officers. Advancing to a tunnel entrance, Schwartz coordinated with two other rioters, Markus Maly and Jeffrey Brown, to spray an orange liquid toward officers clashing with the mob.“While the stream of liquid did not directly hit any officer, its effect was to heighten the danger to the officers in that tunnel,” Bond wrote.Before leaving, Schwartz joined a “heave ho” push against police in the tunnel.Stallings pleaded guilty last year to riot-related charges and was sentenced last month to two years of incarceration.Schwartz was tried with co-defendants Maly and Brown. In December, a jury convicted all three of assault charges and other felony offenses.Schwartz’s attorneys requested a prison sentence of four years and six months, saying his actions were motivated by a “misunderstanding” about the 2020 presidential election. Donald Trump and his allies spread baseless conspiracy theories that Democrats stole the election from the Republican incumbent.“There remain many grifters out there who remain free to continue propagating the ‘great lie’ that Trump won the election, Donald Trump being among the most prominent. Mr Schwartz is not one of these individuals; he knows he was wrong,” his defense lawyers wrote.Prosecutors said Schwartz has bragged about his participation in the riot, shown no remorse and claimed that his prosecution was politically motivated. He referred to the Capitol attack as the “opening of a war” in a Facebook post a day after the riot.Schwartz has raised more than $71,000 from an online campaign titled Patriot Pete Political Prisoner in DC. Prosecutors asked Mehta to order Schwartz to pay a fine equaling the amount raised by his campaign, arguing that he shouldn’t profit from participating in the riot.Schwartz was on probation when he joined the riot and his criminal record includes a “jaw-dropping” 38 prior convictions since 1991, “several of which involved assaulting or threatening officers or other authority figures”, Bond wrote.More than 1,000 people have been charged with federal crimes related to January 6. Nearly 500 of them have been sentenced, with over half getting terms of imprisonment. More

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      Proud Boys: four found guilty of seditious conspiracy over Capitol attack

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      Four members of the Proud Boys extremist group, including its former leader Enrique Tarrio, were on Thursday convicted of seditious conspiracy for their roles in planning and leading the January 6 Capitol attack, in a desperate effort to keep Donald Trump in power after his 2020 election defeat.The verdicts handed down in federal court in Washington marked a major victory for the US justice department in the last of its seditious conspiracy cases related to the January 6 attack. Prosecutors previously secured convictions against members of the Oath Keepers, another far-right group.Seditious conspiracy is rarely used but became the central charge against the Proud Boys defendants after the FBI identified them as playing crucial roles in helping storm the Capitol in an effort to interrupt and stop the congressional certification of electoral results.“Evidence presented at trial detailed the extent of the violence at the Capitol on January 6 and the central role these defendants played setting into motion the unlawful events of that day,” attorney general Merrick Garland later said at a news conference at justice department headquarters.“We have secured the convictions of leaders of both the Proud Boys and the Oath Keepers for seditious conspiracy, specifically conspiring to oppose by force the lawful transfer of presidential power. Our work will continue,” Garland said.Those convicted now await sentencing. The verdicts were partial, and hours after the initial four were found guilty of seditious conspiracy, the jury found another Proud Boys member Dominic Pezzola, who smashed a window to gain entry to the Capitol, not guilty of seditious conspiracy.Tarrio, who was not in Washington for the Capitol attack, as well as Ethan Nordean, Joseph Biggs and Zachary Rehl were also convicted of conspiracy to obstruct an official proceeding. All five were convicted of obstructing an official proceeding.The trial, which lasted more than three months and tested the scope of the sedition law, was particularly fraught for the defense, the prosecution and the presiding US district court judge, Timothy Kelly. Clashes in court and motions for mistrial were frequent.Trump played an outsized role in the trial, given the reverence the Proud Boys accorded the former president. In closing arguments, the prosecution said they acted as “Donald Trump’s army” to “keep their preferred leader in power” after rejecting Joe Biden’s victory.The former president has long been considered the lynchpin for the involvement of the Proud Boys and others in the Capitol attack when he called for a “wild” protest on 6 January 2021 in an infamous December 2020 tweet and told supporters to “fight like hell” for his cause.More than a thousand arrests have been made in connection to the Capitol attack and hundreds of convictions secured. Trump was impeached a second time for inciting an insurrection but acquitted by Senate Republicans. He still faces state and federal investigations of his attempted election subversion.In court, prosecutors said Tarrio and his top lieutenants used Trump’s December tweet as a call to arms and started putting together a cadre that they called the “Ministry of Self-Defense” to travel to Washington for the protest, according to private group chats and recordings of discussions the FBI obtained.Around 20 December 2020, Tarrio created a chat called “MOSD Leaders Group” – described by Tarrio as a “national rally planning committee” – that included Nordean, Biggs and Rehl. The chat was used to plan a “DC trip” where all would dress in dark tones, to remain incognito.The prosecution argued that Tarrio’s text messages about “Seventeen seventy six”, in reference to the year of American independence from Britain, suggested the leadership of the Proud Boys saw their January 6 operation as a revolutionary force.Lacking evidence in the hundreds of thousands of texts about an explicit plan to storm or occupy the Capitol, the prosecution used two cooperating witnesses from the Proud Boys to make the case that the defendants worked together in a conspiracy to stop the peaceful transfer of power.The first witness, Jeremy Bertino, told the jury the Proud Boys had a penchant for violence and there was a tacit understanding that they needed to engage in an “all-out revolution” to stop Biden taking office, testimony meant to directly support a sedition charge.The second witness, Matthew Greene, told the jury he did not initially understand why the Proud Boys marched from the Washington monument to the Capitol to be among the first people at the barricades surrounding Congress, instead of going to Trump’s speech near the White House.Once the Proud Boys led the charge from the barricades to the west front of the Capitol, Pezzola using a police riot shield to smash a window, Greene said he realized there may have been a deliberate effort to lead the January 6 riot.The prosecution persuaded the judge to allow them to use a novel legal strategy: that though the Proud Boys leaders did not really engage in violence themselves – Tarrio was not even in Washington – they got other rioters to do so, using them as “tools” of their insurrection conspiracy.The defense protested the ruling allowing prosecutors to show the jury videos of other low-level Proud Boys and random rioters committing violence at the Capitol, saying that it amounted to making the five defendants guilty by association.Notwithstanding the other evidence, the defense’s complaint was that if the jury had to assess whether the defendants’ limited use of violence alone met the threshold to “destroy by force the government of the United States”, the outcome might have been affected. 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