Bolivian Coup Regime Sought to Assassinate Luis Arce

Bolivia’s Interior Minister Eduardo Del Castillo informs of an assassination attempt against Luis Arce in 2020 at a press conference on October 18, 2021. Photo: Ministerio De Gobierno
Kawsachan News | October 18, 2021
Bolivia’s Interior Ministry has revealed that Colombian mercenaries, who participated in the assassination of President Jovenel Moise in Haiti, entered Bolivia days before the 2020 election. Fernando Lopez, Defense Minister under Jeanine Añez, was in contact with mercenary groups, with whom he intended to carry out a second coup.
In a press conference, Interior Minister Eduardo del Castillo named Germán Alejandro Rivera García, a Colombian citizen who entered Bolivia on October 16, 2020 and who was later arrested for the assassination of Jovenel Moise. He was followed by Colombian citizen Arcángel Pretel Ortiz and Venezuelan citizen Antonio Intriago, who run the Miami-based ‘security firm’ Counter Terrorist Unit Security (CTU), which hired the mercenaries who murdered Moise.
The mercenaries stayed at the high-end Hotel Presidente in La Paz, just two blocks away from the presidential palace. The purpose of their meeting was to pursue leads with then Defense Minister Fernando Lopez for lucrative contracts for a hit on Luis Arce.
Castillo said, “Days before the elections, the paramilitaries who would go on to kill the President of Haiti, as well as mercenary contractors such as Mr. Arcángel Pretel and Mr. Antonio Intriago were in the country. According to the information we obtained, their intention was to end the life of President Luis Arce”.
Earlier in the year, leaked audios published by The Intercept revealed that Lopez was in contact with other Miami-based mercenaries to coordinate a second coup. In one audio, Lopez said, “The military high command is already in preliminary talks… the struggle, the rallying cry, is that [the MAS] wants to replace the Bolivian armed forces and the police with militias, Cubans, and Venezuelans. That is the key point. They (the police and armed forces) are going to allow Bolivia to rise up again and block an Arce administration. That’s the reality.”
President Luis Arce addressed the revelations today at a summit with social movement in La Paz, saying, “Our Interior Minister revealed this information at an opportune time, brothers; They wanted to make an attempt on my life. To those right-wing murderers, we are going to respond with a phrase from (historic Bolivian socialist leader) Marcelo Quiroga Santa Cruz: We know that sooner or later they will make us pay for what we are doing, we are willing to pay that price, we were always willing. We will never shy away from danger because there is something more fearsome than that enemy who is looking for a way to kill us. A guilty conscience is much worse, we would not bear ourselves if we did not fulfill our duty.”
Italian Senator suspended for not showing vaccine passport
By Didi Rankovic | Reclaim The Net | October 21, 2021
Protesters who have been gathering across Italy to support a campaign against introduction of vaccination certificates, known as “the green pass” in that country have some supporters in high places like senators and members of parliament (MPs).
One of them, Senator Laura Granato, has experienced first-hand what the new rules around Covid passes mean for gainfully employed persons who oppose them: she was suspended and left without her daily allowance for ten days for refusing to show the pass once inside the Senate building.
Granato first managed to get in, but was “reported” for deciding not to show the document. The senator was in this way prevented from taking part in a meeting that was discussing precisely the green passes, which became mandatory both for public and private sector workers on Friday.
These new, more restrictive measures have been described as “some of the toughest in the world,” while Granato echoed the sentiment of Italians opposed to them blasting the passes as “certificates of obedience.”
In Italy, the green pass is designed to show that a person has either been vaccinated, has tested negative (these tests are valid only for several days) or that they recently recovered from Covid. The government believes that mandating green passes for the workplace will boost the vaccine drive and avoid a repeat of lockdowns that have ravaged Italy’s economy over the past nearly two years of the pandemic.
But although many Italians are “obeying the certificates of obedience” – no doubt seeing no way out other than ultimately losing their livelihoods – many others remain defiant and indignant at the prospect, with thousands of dock workers in Trieste protesting over the weekend, along with others elsewhere in Italy.
And while over one million green passes were downloaded on the first working day that the new, tougher Covid restrictions came into force, they have so far failed to significantly increase the number of vaccinations.
Anti-Lockdown Protester Facing Multiple Prosecutions Needs Money to Pay For Legal Defence

By Toby Young • The Daily Sceptic • October 20, 2021
Debbie Hicks, the anti-lockdown protestor who was arrested after filming an apparently empty ward in Gloucestershire Royal Hospital at the end of last year, is facing four separate prosecutions in Magistrates’ Court – mainly for participating in anti-lockdown protests – and she needs to raise more funds to pay for her legal defence. The first case is due to be heard on November 16th and all four will be heard this winter. She has set up a CrowdJusice fundraiser that you can contribute to here.
Debbie’s solicitor plans to move on to the High Court if she loses in the Magistrates’ Court, or if the Magistrates’ Court says it doesn’t have the jurisdiction to consider her cases. That could be expensive, but the cause at stake could not be more important. Here is an extract from a note her solicitor sent to me:
These really are important cases in respect of Freedom of speech and Freedom to protest as:
- Success at the High Court will set a precedent that protest is not, and never has been, completely illegal during the pandemic – even under lockdown.
- Debbie suspects that the prosecution’s ultimate aim is to obtain a criminal behaviour order against her thereby chillingly curbing her ability to protest in the future.
- There are still a large number of other citizens across the country who are being ‘unlawfully’ prosecuted or have been convicted – a successful outcome at the High Court will lead to a landslide of other cases crumbling and open avenues of appeal to others already convicted.
- While the Crown Prosecution Service may try and quietly drop the odd case here and there after defence representations and arguments are filed, this will only occur when a prosecution lawyer reviews the case reasonably and objectively and properly analyses the law which is confusing and opaque – and, as Debbie has found, this is not easy to achieve. Success at the High Court will mean the CPS will have to blanket review all such cases and, with a legal precedent set, this will force the CPS to discontinue all remaining prosecutions.
- Many ordinary citizens without a previous blemish on their record will currently have criminal records because they’ve been convicted of these types of offences. Success in the High Court could lead to an avalanche of appeals and convictions being overturned.
- Success at the High Court will add clarity to the law that protesters have a reasonable excuse to gather and are not therefore committing an offence and cannot be directed to disperse or leave by the police.
- While the prohibition of protests has now been dropped, legislation can always be amended again in the future. Who knows if further lockdowns are on the horizon. We only have to look to Australia as an example of a government completely abusing its powers against its own citizens. Success at the High Court in Debbie’s case will make it harder for our Government to suspend the right to protest again.
Once again, if you’d like to make a contribution to Debbie’s fundraiser, you can find it here.
Lockdown: Where Did ‘The Science’ Come From?
By Noah Carl • The Daily Sceptic • October 19, 2021
In a previous post, I looked at where ‘The Science’ of community masking came from. Here I’ll do the same thing for lockdowns.
As many lockdown sceptics (including myself) have noted, lockdowns represent a radical departure from conventional forms of pandemic management. There is no evidence that, before 2020, they were considered an effective way to deal with influenza pandemics.
In a 2006 paper, four leading scientists (including Donald Henderson, who led the effort to eradicate smallpox) examined measures for controlling pandemic influenza. Regarding “large-scale quarantine”, they wrote, “The negative consequences… are so extreme” that this measure “should be eliminated from serious consideration”.
Likewise, a WHO report published mere months before the COVID-19 pandemic classified “quarantine of exposed individuals” as “not recommended under any circumstances”. The report noted that “there is no obvious rationale for this measure”.
And we all know what the U.K.’s own ‘Pandemic Preparedness Strategy’ said, namely: “It will not be possible to halt the spread of a new pandemic influenza virus, and it would be a waste of public health resources and capacity to attempt to do so.”
As an additional exercise, I searched the pandemic preparedness plans of all the English-speaking Western countries (U.K., Ireland, U.S., Canada, Australia and New Zealand) for mentions of ‘lockdown’, ‘lock-down’ ‘lock down’ or ‘curfew’.
Only ‘curfew’ was mentioned, and only once – in Ireland’s plan. The relevant sentence was: “Mandatory quarantine and curfews are not considered necessary.” None of the lockdown strings were mentioned in any of the countries’ plans.
So where did ‘The Science’ of controlling Covid using lockdowns come from? As everyone knows, China implemented the first lockdown (of Hubei province) in January of 2020. Yet it wasn’t until March that lockdowns became part of ‘The Science’.
As this chart taken from the paper by David Rozado shows, major Western media outlets did not start mentioning ‘lockdown’ frequently until March:

And this chart confirms that worldwide Google search interest for ‘lockdown’ was essentially nil until 8th March 2020:

So what happened in early March? Well, Italy was the first Western country to lock down – on 9th March last year. And as Michael Senger argues, its decision appears to have been prompted by the WHO’s report of 24th February, which gave a glowing evaluation of China’s lockdown. (Senger’s piece is well worth reading.)
Other Western countries then followed suit. The next most important event, following Italy’s decision to lock down, was the publication of a report by Neil Ferguson’s team on 16th March.
This report has been described as the “catalyst for policy reversal”. Up until then, the U.K. had been more or less following its pandemic preparedness plan. As late as March 5th, Chris Whitty told the Health and Social Care Committee that “what we’re very keen to do is minimise social and economic disruption”.
Although other, similar reports had already been published, the analysis by Neil Ferguson’s team was seen as particularly authoritative. According to the New York Times, the report “also influenced the White House to strengthen its measures”.
On March 17th, Neil Ferguson and his colleagues held a press conference after returning from Downing Street. They confirmed that Britain would be adopting a new strategy. “The aim is not to slow the rate of growth of cases but actually pull the epidemic into reverse,” Ferguson said.
As to why the U.K. was changing tack, Ferguson noted, “We have had bad news from Italy and from early experience in UK hospitals”. However, subsequent revelations suggest that “bad news” was less important than the shifting of the Overton window.
In an interview with the Times published in December last year, Ferguson noted that “people’s sense of what is possible in terms of control changed quite dramatically between January and March”. Referring to China’s lockdown, he elaborated, “We couldn’t get away with it in Europe, we thought… And then Italy did it. And we realised we could”.
After China’s initial response in Hubei, it took two months for lockdowns to go from ‘unprecedented’ to ‘unavoidable’. They received two major doses of intellectual credibility: first from the WHO, and then from Neil Ferguson’s team. Italy set the all-important precedent for Western countries.
As to whether one should trust ‘The Science’ on lockdowns, a reasonable answer would be, ‘Do you mean the pre or the post-Covid science?’
UK lawmakers use MP murder to call for social media ID verification system
By Didi Rankovic | Reclaim The Net | October 18, 2021
Lindsay Hoyle, the speaker of UK Parliament’s House of Commons, has supported initiatives to remove anonymity from internet users, linking threatening messages received by politicians online with their general safety, particularly in light of last week’s fatal stabbing of an MP.
Hoyle’s comments came in the wake of the murder of Conservative member of parliament David Amess, that is treated as potentially a terrorist incident, while the suspect’s motives are thought to be linked with Islamist extremism.
The suspect, a British citizen of Somali origins, was several years ago referred to the voluntary Prevent scheme that is devised as a way to combat risk of terrorist radicalization. It’s unknown at this time if the suspect had previously targeted his victim on social media, and why the connection is being made.
But several high ranked officials, including Hoyle and Home Secretary Priti Patel, are using the deadly incident to explore ways to provide better protection to MPs, and one of the things they’re coming up with is stripping online users of their anonymity.
UK media say that Hoyle revealed he received a message from an “offshore account” that a bomb would be put under his car. He criticized tech companies as not doing enough and hinted that he was in favor of new legislation that would make it possible to track people on the internet if they are believed to be sending threats.
Patel, on the other hand, wants social media accounts to be linked to real world identities, and mentioned the controversial upcoming Online Harms Bill, that those behind it say will reduce racism and threats on the internet, while critics fear it may jeopardize free expression in the process.
Under the bill, tech companies could be ordered to pay up to £18 million or 10 percent of annual global turnover in fines, while their executives would be held criminally liable in some cases.
Patel said that it was difficult to remove posts from social media that are found to be offensive or threatening, and suggested unmasking users was a way to tackle the problem.
“Major platforms have to take faster action when councilors and MPs report the kind of behavior that would be illegal in the real world,” said Conservative MP David Warman, adding, “that starts with accepting that anonymity provides cover for language that would never be used to anybody’s face.”
January 6 Could Be Washington’s Part of FBI’s Multi-State Operation Cold Snap, Argues US Observer
Ekaterina Blunova | Sputnik | October 18, 2021
FBI’s involvement in 6 January riots could be bigger than the mainstream media have recently acknowledged, according to US political commentator Julie Kelly. She wonders whether the DC incident was part of the agency’s Operation Cold Snap against Whitmer kidnapping case plotters, unveiled by BuzzFeed in July 2021.
The US Department of Justice announced on 8 October 2020 that six men had been arrested and charged federally with conspiring to kidnap the Michigan Governor Gretchen Whitmer. The DoJ’s press release said that “through confidential sources, undercover agents, and clandestine recordings, law enforcement learned particular individuals were planning to kidnap the Governor and acting in furtherance of that plan”.
However, on 12 July 2021, BuzzFeed revealed that the FBI allegedly used at least 12 informants in the Whitmer kidnapping case, who not only kept the agency in the loop, but were allegedly used by the FBI to “induce or persuade” the defendants to go along with the violent scheme. The agency’s operation was called Cold Snap.
According to BuzzFeed, the FBI assets “had a hand in nearly every aspect of the alleged plot, starting with its inception”.
One of those infiltrators, Stephen Robeson, 57, helped organise a series of meetings around the country “enthusiastically pushing people he knew to attend” and even “paid for some hotel rooms and food as an incentive to get people to come”. At these meetings many of the alleged plotters first met one another.
Another informant, an Iraq War veteran, known as “Big Dan”, rose to the second-in-command of the group, encouraged members to work with other potential suspects and paid for their transportation to meetings. He allegedly urged the supposed mastermind of the Whitmer kidnapping plot to carry his plan out, and then laid the trap that eventually led to the arrest.
The defendants in the kidnapping case later accused the FBI of “entrapment”, saying the infiltrators encouraged the group and even led military-style trainings for the plot.
All these meetings and training were captured on film by FBI agents “to produce major headlines as early voting was underway in the crucial swing state of Michigan”, argued Julie Kelly in her op-ed for American Greatness (AG).
She noted that the blame for the plot was pinned on then-President Donald Trump. “There is a through line from President Trump’s dog whistles and tolerance of hate, vengeance, and lawlessness to plots such as this one”, then-presidential candidate Joe Biden claimed on 8 October 2020.
“It also appears that the Whitmer operation was only part of the FBI’s overall plan to infiltrate and perhaps direct the conduct of unsuspecting ‘militia’ men in 2020”, Kelly continued, stressing that the agency’s operation was not limited to Michigan but was a “multi-state” probe.
Citing a testimony by one of the lead FBI special agents in the Whitmer case, the political commentator highlighted that there had been other FBI “domestic terrorism” investigations in Baltimore and Milwaukee and Cincinnati and Indiana involving other militia members.
According to Kelly, “Big Dan” was also ordered by the FBI to convince a man in Virginia to participate in a plan against Virginia Governor Ralph Northam. “Just like in the Whitmer plot, ‘Big Dan’ advised his target how to build an explosive device and urged him to attend a training camp in Wisconsin”, she noted.
The AG senior contributor insists that “it’s hard to imagine Operation Cold Snap ended with the arrest of Whitmer’s would-be abductors”. According to her, the 6 January riot, attended by several groups of right-wing militia, could have been a continuation of the same FBI op, this time in Washington, DC.
She suggested that it was hardly a coincidence that FBI chief Christopher Wray promoted Steven M. D’Antuono, special agent in charge of the Detroit Field Office, Michigan, to head of the DC FBI Field office on 13 October 2020 – just five days after the arrest of kidnap plotters and ahead of the November 2020 elections. Apparently, D’Antuono was seen as a man for the job, according to the political commentator.
Citing a New York Times article unveiling FBI infiltrators’ role in 6 January riots, Kelly presumed that the NYT report could only be seen as the start of a slow drip of information about the extent” of the agency’s role in the Capitol breach.
“It’s only a matter of time before we learn how many “Big Dans” or Stephen Robesons were part of January 6,” Kelly believes.
‘Hypocrite’ Joe Biden Caught Violating DC’s Mask Mandate At Georgetown Restaurant
By Tyler Durden | Zero Hedge | October 18, 2021
As children across the country are forced to cover their faces for hours at a time to attend school, President Joe Biden and First Lady Jill were caught on camera flouting DC’s mask mandates at an upscale Georgetown restaurant, Fiola Mare (whose mask policy they were also violating).

In a video posted Sunday night, the Bidens can be seen leaving the restaurant as employees in the background are dutifully masked up – a ‘fuck you, plebs’ not seen since the Met Gala event last month.
Wearing masks indoors was made mandatory in DC after Democratic Mayor Muriel Bowser reinstated the policy in July after the delta variant began to surge.
“Per CDC guidance and DC Mayor Muriel Bowser’s executive order, all individuals over age 2 are required to wear a mask indoors, regardless of vaccination status. Masks must be always worn while in our restaurants, except while eating and drinking. Thank you for understanding,” reads Fiola Mare’s website.
Meanwhile…

Civil liberties are being trampled by exploiting “insurrection” fears. Congress’s 1/6 Committee may be the worst abuse yet.
By Glenn Greenwald | October 17, 2021
When a population is placed in a state of sufficiently grave fear and anger regarding a perceived threat, concerns about the constitutionality, legality and morality of measures adopted in the name of punishing the enemy typically disappear. The first priority, indeed the sole priority, is to crush the threat. Questions about the legality of actions ostensibly undertaken against the guilty parties are brushed aside as trivial annoyances at best, or, worse, castigated as efforts to sympathize with and protect those responsible for the danger. When a population is subsumed with pulsating fear and rage, there is little patience for seemingly abstract quibbles about legality or ethics. The craving for punishment, for vengeance, for protection, is visceral and thus easily drowns out cerebral or rational impediments to satiating those primal impulses.
The aftermath of the 9/11 attack provided a vivid illustration of that dynamic. The consensus view, which formed immediately, was that anything and everything possible should be done to crush the terrorists who — directly or indirectly — were responsible for that traumatic attack. The few dissenters who attempted to raise doubts about the legality or morality of proposed responses were easily dismissed and marginalized, when not ignored entirely. Typically, they were vilified with the accusation that their constitutional and legal objections were frauds: mere pretexts to conceal their sympathy and even support for the terrorists. It took at least a year or two after that attack for there to be any space for questions about the legality, constitutionality, and morality of the U.S. response to 9/11 to be entertained at all.
For many liberals and Democrats in the U.S., 1/6 is the equivalent of 9/11. One need not speculate about that. Many have said this explicitly. Some prominent Democrats in politics and media have even insisted that 1/6 was worse than 9/11.
Joe Biden’s speechwriters, when preparing his script for his April address to the Joint Session of Congress, called the three-hour riot “the worst attack on our democracy since the Civil War.” Liberal icon Rep. Liz Cheney (R-WY), whose father’s legacy was cemented by years of casting 9/11 as the most barbaric attack ever seen, now serves as Vice Chair of the 1/6 Committee; in that role, she proclaimed that the forces behind 1/6 represent “a threat America has never seen before.” The enabling resolution that created the Select Committee calls 1/6 “one of the darkest days of our democracy.” USA Today’s editor David Mastio published an op-ed whose sole point was a defense of the hysterical thesis from MSNBC analysts that 1/6 is at least as bad as 9/11 if not worse. S.V. Date, the White House correspondent for America’s most nakedly partisan “news” outlet, The Huffington Post, published a series of tweets arguing that 1/6 was worse than 9/11 and that those behind it are more dangerous than Osama bin Laden and Al Qaeda ever were.
And ever since the pro-Trump crowd was dispersed at the Capitol after a few hours of protests and riots, the same repressive climate that arose after 9/11 has prevailed. Mainstream political and media sectors instantly consecrated the narrative, fully endorsed by the U.S. security state, that the United States was attacked on 1/6 by domestic terrorists bent on insurrection and a coup. They also claimed in unison that the ideology driving those right-wing domestic terrorists now poses the single most dangerous threat to the American homeland, a claim which the intelligence community was making even before 1/6 to argue for a new War on Terror (just as neocons wanted to invade and engineer regime change in Iraq prior to 9/11 and then exploited 9/11 to achieve that long-held goal).
With those extremist and alarming premises fully implanted, there has been little tolerance for questions about whether proposed responses for dealing with the 1/6 “domestic terrorists” and their incomparably dangerous ideology are excessive, illegal, unethical, or unconstitutional. Even before Joe Biden was inaugurated, his senior advisers made clear that one of their top priorities was to enact a bill from Rep. Adam Schiff (D-CA) — now a member of the Select Committee on 1/6 — to import the first War on Terror onto domestic soil. Even without enactment of a new law, there is no doubt that a second War on Terror, this one domestic, has begun and is growing, all in the name of the 1/6 “Insurrection” and with little dissent or even public debate.
Following the post-9/11 script, anyone voicing such concerns about responses to 1/6 is reflexively accused of minimizing the gravity of the Capitol riot and, worse, of harboring sympathy for the plotters and their insurrectionary cause. Questions or doubts about the proportionality or legality of government actions in the name of 1/6 are depicted as insincere, proof that those voicing such doubts are acting not in defense of constitutional or legal principles but out of clandestine camaraderie with the right-wing domestic terrorists and their evil cause.
When it comes to 1/6 and those who were at the Capitol, there is no middle ground. That playbook is not new. “Either you are with us, or you are with the terrorists” was the rigidly binary choice which President George W. Bush presented to Americans and the world when addressing Congress shortly after the 9/11 attack. With that framework in place, anything short of unquestioning support for the Bush/Cheney administration and all of its policies was, by definition, tantamount to providing aid and comfort to the terrorists and their allies. There was no middle ground, no third option, no such thing as ambivalence or reluctance: all of that uncertainty or doubt, insisted the new war president, was to be understood as standing with the terrorists.
The coercive and dissent-squashing power of that binary equation has proven irresistible ever since, spanning myriad political positions and cultural issues. Dr. Ibram X. Kendi’s insistence that one either fully embrace what he regards as the program of “anti-racism” or be guilty by definition of supporting racism — that there is no middle ground, no space for neutrality, no room for ambivalence about any of the dogmatic planks — perfectly tracks this manipulative formula. As Dr. Kendi described the binary he seeks to impose: “what I’m trying to do with my work is to really get Americans to eliminate the concept of ‘not racist’ from their vocabulary, and realize we’re either being racist or anti-racist.” Eight months after the 1/6 riot — despite the fact that the only people who died that day were Trump supporters and not anyone they killed — that same binary framework shapes our discourse, with a clear message delivered by those purporting to crush an insurrection and confront domestic terrorism. You’re either with us, or with the 1/6 terrorists.
What makes this ongoing prohibition of dissent or even doubt so remarkable is that so many of the responses to 1/6 are precisely the legal and judicial policies that liberals have spent decades denouncing. Indeed, many of the defining post-1/6 policies are identical to those now retrospectively viewed as abusive and excessive, if not unconstitutional, when invoked as part of the first War on Terror. We are thus confronted with the surreal dynamic that policies long castigated in American liberalism — whether used generally in the criminal justice system or specifically in the name of avenging 9/11 and defeating Islamic extremism — are now off-limits from scrutiny or critique when employed in the name of avenging 1/6 and crushing the dangerous domestic ideology that fostered it.
Almost immediately after the Capitol riot, some of the most influential Democratic lawmakers — Senate Majority Leader Chuck Schumer (D-NY) and House Homeland Security Committee Chair Bennie Thompson (D-MS), who also now chairs the Select 1/6 Committee — demanded that any participants in the protest be placed on the no-fly list, long regarded as one of the most extreme civil liberties assaults from the first War on Terror. And at least some of the 1/6 protesters have been placed on that list: American citizens, convicted of no crime, prohibited from boarding commercial airplanes based on a vague and unproven assessment, from unseen and unaccountable security state bureaucrats, that they are too dangerous to fly. I reported extensively on the horrors and abuses of the no-fly list as part of the first War on Terror and do not recall a single liberal speaking in defense of that tactic. Yet now that this same brute instrument is being used against Trump supporters, there has not, to my knowledge, been a single prominent liberal raising objections to the resurrection of the no-fly list for American citizens who have been convicted of no crime.

Axios, Jan. 12, 2021
With more than 600 people now charged in connection with the events of 1/6, not one person has been charged with conspiracy to overthrow the government, incite insurrection, conspiracy to commit murder or kidnapping of public officials, or any of the other fantastical claims that rained down on them from media narratives. No one has been charged with treason or sedition. Perhaps that is because, as Reuters reported in August, “the FBI has found scant evidence that the Jan. 6 attack on the U.S. Capitol was the result of an organized plot to overturn the presidential election result.” Yet these defendants are being treated as if they were guilty of these grave crimes of which nobody has been formally accused, with the exact type of prosecutorial and judicial overreach that criminal defense lawyers and justice reform advocates have long railed against.
Dozens of the 1/6 defendants have been denied bail, thus being imprisoned for months without having been found guilty of anything. Many are being held in unusually harsh and bizarrely cruel conditions, causing a federal judge on Wednesday to hold “the warden of the D.C. jail and director of the D.C. Department of Corrections in contempt of court,” and then calling on the Justice Department “to investigate whether the jail is violating the civil rights of dozens of detained Jan. 6 defendants.” Some of the pre-trial prison protocols have been so punitive that even Sen. Elizabeth Warren (D-MA) — who calls the 1/6 protesters “domestic terrorists” — denounced their treatment as abusive: “Solitary confinement is a form of punishment that is cruel and psychologically damaging,” Warren said, adding: “And we’re talking about people who haven’t been convicted of anything yet.” Warren also said she is “worried that law enforcement officials are deploying it to ‘punish’ the Jan. 6 defendants or to ‘break them so that they will cooperate.”
The few 1/6 defendants who have thus far been sentenced after pleading guilty have been subjected to exceptionally punitive sentences, the kind liberal criminal justice reform advocates have been rightly denouncing for years. Several convicted of nothing more than trivial misdemeanors are being sentenced to real prison time; last week, Michigan’s Robert Reeder pled guilty to “one count of parading, demonstrating or picketing in a Capitol building” yet received a jail term of 3 months, with the judge admitting that the motive was to “send a signal to the other participants in that riot… that they can expect to receive jail time.”
Meanwhile, long-controversial SWAT teams are being routinely deployed to arrest 1/6 suspects in their homes, and long-time liberal activists denouncing these tactics have suddenly decided they are appropriate for these Trump supporters. That prosecutors are notoriously overzealous in their demands for harsh prison time is a staple of liberal discourse, but now, an Obama-appointed judge has repeatedly doled out sentences to 1/6 defendants that are harsher and longer than those requested by DOJ prosecutors, to the applause of liberals. In sum, these defendants are subjected to one of the grossest violations of due process: they are being treated as if they are guilty of crimes — treason, sedition, insurrection, attempted murder, and kidnapping — which not even the DOJ has accused them of committing. And the fundamental precept of any healthy justice system — namely, punishment for citizens is merited only once they have been found guilty of crimes in a court of law — has been completely discarded.
Serious questions about FBI involvement in the 1/6 events linger. For months, Americans were subjected to a frightening media narrative that far-right groups had plotted to kidnap Michigan Gov. Gretchen Whitmer, only for proof to emerge that at least half of the conspirators, including its leaders, were working for or at the behest of the FBI. Regarding 1/6, the evidence has been clear for months, though largely confined to right-wing outlets, that the FBI had its tentacles in the three groups it claims were most responsible for the 1/6 protest: the Proud Boys, Oath Keepers, and the Three Percenters. Yet last month, The New York Times acknowledged that the FBI was directly communicating with one of its informants present at the Capitol, a member of the Proud Boys, while the riot unfolded, meaning “federal law enforcement had a far greater visibility into the assault on the Capitol, even as it was taking place, than was previously known.” All of this suggests that to the extent 1/6 had any advanced centralized planning, it was far closer to an FBI-induced plot than a centrally organized right-wing insurrection.
Despite this mountain of abuses, it is exceedingly rare to find anyone outside of conservative media and MAGA politics raising objections to any of this (which is what made Sen. Warren’s denunciation of their pre-trial prison conditions so notable). The reason is obvious: just as was true in the aftermath of 9/11, people are petrified to express any dissent or even question what is being done to the alleged domestic terrorists for fear of standing accused of sympathizing with them and their ideology, an accusation that can be career-ending for many.
Many of the 1/6 defendants are impoverished and cannot afford lawyers, yet private-sector law firms who have active pro bono programs will not touch anyone or anything having to do with 1/6, while the ACLU is now little more than an arm of the Democratic Party and thus displays almost no interest in these systemic civil liberties assaults. And for many liberals — the ones who are barely able to contain their glee at watching people lose their jobs in the middle of a pandemic due to vaccine-hesitancy or who do not hide their joy that the unarmed Ashli Babbitt got what she deserved — their political adversaries these days are not just political adversaries but criminals and even terrorists, rendering no punishment too harsh or severe. For them, cruelty is not just acceptable; the cruelty is the point.
The Unconstitutionality of the 1/6 Committee
Civil liberties abuses of this type are common when the U.S. security state scares enough people into believing that the threat they face is so acute that normal constitutional safeguards must be disregarded. What is most definitely not common, and is arguably the greatest 1/6-related civil liberties abuse of them all, is the House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol.
To say that the investigative acts of the 1/6 Committee are radical is a wild understatement. Along with serving subpoenas on four former Trump officials, they have also served subpoenas on eleven private citizens: people selected for interrogation precisely because they exercised their Constitutional right of free assembly by applying for and receiving a permit to hold a protest on January 6 opposing certification of the 2020 election.
When the Select 1/6 Committee recently boasted of these subpoenas in its press release, it made clear what methodology it used for selecting who it was targeting: “The committee used permit paperwork for the Jan. 6 rally to identify other individuals involved in organizing.” In other words, any citizen whose name appeared on permit applications to protest was targeted for that reason alone. The committee’s stated goal is “to collect information from them and their associated entities on the planning, organization, and funding of those events”: to haul citizens before Congress to interrogate them on their constitutionally protected right to assemble and protest and probe their political beliefs and associations:


List of 11 private citizens who received subpoenas from the 1/6 Congressional Committee for deposition testimony and records
Even worse are the so-called “preservation notices” which the committee secretly issued to dozens if not hundreds of telecoms, email and cell phone providers, and other social media platforms (including Twitter and Parler), ordering those companies to retain extremely invasive data regarding the communications and physical activities of more than 100 citizens, with the obvious intent to allow the committee to subpoena those documents. The communications and physical movement data sought by the committee begins in April, 2020 — nine months before the 1/6 riot. The committee refuses to make public the list of individuals it is targeting with these sweeping third-party subpoenas, but on the list are what CNN calls “many members of Congress,” along with dozens of private citizens involved in obtaining the permit to protest and then promoting and planning the gathering on social media.
What makes these secret notices especially pernicious is that the committee requested that these companies not notify their customers that the committee has demanded the preservation of their data. The committee knows it lacks the power to impose a “gag order” on these companies to prevent them from notifying their users that they received the precursor to a subpoena: a power the FBI in conjunction with courts does have. So they are relying instead on “voluntary compliance” with the gag order request, accompanied by the thuggish threat that any companies refusing to voluntarily comply risk the public relations harm of appearing to be obstructing the committee’s investigation and, worse, protecting the 1/6 “insurrectionists.”
Worse still, the committee in its preservation notices to these communications companies requested that “you do not disable, suspend, lock, cancel, or interrupt service to these subscribers or accounts solely due to this request,” and that they should first contact the committee “if you are not able or willing to respond to this request without alerting the subscribers.” The motive here is obvious: if any of these companies risk the PR hit by refusing to conceal from their customers the fact that Congress is seeking to obtain their private data, they are instructed to contact the committee instead, so that the committee can withdraw the request. That way, none of the customers will ever be aware that the committee targeted their private data and will thus never be able to challenge the legality of the committee’s acts in a court of law.
In other words, even the committee knows that its power to seek this information about private citizens lacks any convincing legal justification and, for that reason, wants to ensure that nobody has the ability to seek a judicial ruling on the legality of their actions. All of these behaviors raise serious civil liberties concerns, so much so that even left-liberal legal scholars and at least one civil liberties group (obviously not the ACLU) — petrified until now of creating any appearance that they are defending 1/6 protesters by objecting to civil liberties abuses — have begun very delicately to raise doubts and concerns about the committee’s actions.
But the most serious constitutional problem is not the specific investigative acts of the committee but the very existence of the committee itself. There is ample reason to doubt the constitutionality of this committee’s existence.
When crimes are committed in the United States, there are two branches of government — and only two — vested by the Constitution with the power to investigate criminal suspects and adjudicate guilt: the executive branch (through the FBI and DOJ) and the judiciary. Congress has no role to play in any of that, and for good and important reasons. The Constitution places limits on what the executive branch and judiciary can do when investigating suspects . . . . .
