6.5 “Ready to Step in And Do What Is Needed”

6.5 “Ready to Step in And Do What Is Needed”

¶Stewart Rhodes’s and Oath Keepers’ lawyer Kellye SoRelle arrived in Washington on the afternoon of January 5th.¹⁹⁸¹⁹⁸ Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Frank Marchisella, (Apr. 29, 2022), p. 39. They immediately went to Freedom Plaza, where President Trump had instructed rally organizers to give some of his most extreme supporters time to speak.¹⁹⁹¹⁹⁹ Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Kellye SoRelle, (Apr. 13, 2022), p. 196. As a small group of Oath Keepers patrolled Freedom Plaza, they were able to see the results of President Trump’s call to mobilize.²⁰⁰²⁰⁰ Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Frank Marchisella, (Apr. 29, 2022), p. 40. SoRelle testified that there were Oath Keepers, Proud Boys, and “Alex Jones people” mingling together in the crowd, with “just a small distinction between them.”²⁰¹²⁰¹ Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Kellye SoRelle, (Apr. 13, 2022), p. 196.

¶The Oath Keepers later found themselves at the Phoenix Park Hotel,²⁰²²⁰² Select Comittee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Frank Marchisella, (Apr. 29, 2022), pp. 40-42. where they ate and drank with a motley coalition of far-right political activists who were united in their shared belief in President Trump’s Big Lie.²⁰³²⁰³ Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Frank Marchisella, (Apr. 29, 2022), pp. 45-47. Among them were: Proud Boys-linked Bianca Gracia of Latinos for Trump; Joshua Macias, leader of Vets for Trump;²⁰⁴²⁰⁴ Macias had traveled to DC after his arrest for bringing weapons to a vote-counting center in Philadelphia while votes were being counted in November 2020. Claudia Lauer, “Philly DA Seeks Contempt Charge for Vets for Trump Cofounder,” AP News, (June 13, 2022), available at https://apnews.com/article/capitol-siege-pennsylvania-riots-philadelphia-virginia-d74b05c01aebde1ca26a9c080a5022d8. and Amanda Chase, a Virginia State senator.²⁰⁵²⁰⁵ Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Frank Marchisealla Production), CTRL0000040442 (January 5, 2021, Frank Marchisella video of Facebook live stream). In a livestream discussion moderated by Chase, they promoted false election fraud claims. Macias and Rhodes encouraged President Trump to invoke the Insurrection Act and call up combat veterans who are “ready to step in and do what is needed.”²⁰⁶²⁰⁶ Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Frank Marchisealla Production), CTRL0000040442, (January 5, 2021, Frank Marchisella video of Facebook live stream) at 0:36.

¶SoRelle later told the Select Committee that there was discussion of going to “storm the Capitol,” although she claimed that this was “normal” discussion and supposedly did not indicate violence or “any of that type of stuff.”²⁰⁷²⁰⁷ Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Kellye SoRelle, (Apr. 13, 2022), pp. 207-08.

¶That same evening, Gracia asked SoRelle and Rhodes to follow her to a garage where she was supposed to meet Proud Boys leader Enrique Tarrio,²⁰⁸²⁰⁸ Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Kellye SoRelle, (Apr. 13, 2022), p. 197. who had just been released from custody and ordered to leave the DC area.²⁰⁹²⁰⁹ Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Kellye SoRelle, (Apr. 13, 2022), p. 197. Instead of immediately leaving Washington, DC, Tarrio instead made his way to a garage near the hotel where the others gathered.²¹⁰²¹⁰ Second Superseding Indictment at ¶ 23, United States v. Nordean, et al., No. 1:21-cr-175 (D.D.C. Mar. 7, 2022), ECF No. 305. Portions of the ensuing meeting were captured on video by documentary filmmaker Nick Quested and his camera crew. SoRelle claims that she was asked to attend to discuss Tarrio’s legal woes,²¹¹²¹¹ Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Kellye SoRelle, (Apr. 13, 2022), p. 197. but there is evidence indicating that the conversation turned tactical.

¶Tarrio discussed the court’s order, informing the group he was going north to Maryland, so he could “stay close just to make sure my guys are ok.”²¹²²¹² Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Nick Quested Production), Video file ML_DC_20210105_Sony_FS7-GC_1859.mov, at 0:50 (Jan. 5, 2021). Tarrio discussed his confiscated phone with Gracia. He told her that “they couldn’t get in there,” apparently referencing the two-factor authentication enabled on his phone.²¹³²¹³ Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Nick Quested Production), Video file ML_DC_20210105_Sony_FS7-GC_1859.mov, at 1:31 (Jan. 5, 2021). Tarrio also appeared familiar with another attendee, Vets for Trump leader Macias, who rested his hand on Tarrio’s shoulder at various points.²¹⁴²¹⁴ Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Nick Quested Production), Video file ML_DC_20210105_Sony_FS7-GC_1859.mov, at 1:00 (Jan. 5, 2021). Rhodes and Tarrio shook hands.²¹⁵²¹⁵ Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Kellye SoRelle, (Apr. 13, 2022), p. 202.

¶Much of the substantive conversation between Rhodes, Tarrio, and the others cannot be heard because Tarrio asked Quested’s camera crew to stop recording.²¹⁶²¹⁶ Spencer S. Hsu, “Video Released of Garage Meeting of Proud Boys, Oath Keepers Leaders,” Washington Post, embedded video at 3:20, (May 24, 2022), available at https://www.washingtonpost.com/dc-md-va/2022/05/24/tarrio-rhodes-video/. However, some of the conversation is audible from afar and Rhodes can be heard telling Tarrio that he “has three groups in Tyson’s Corner,”²¹⁷²¹⁷ Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Nick Quested Production), Video file ML_DC_20210105_Sony_FS7-GC_1864.mov, at 0:14 (Jan. 5, 2021). a reference to the QRFs that he had mustered in the event that President Trump called the Oath Keepers into service.

¶Tarrio later expressed appreciation for Rhodes’s presence at the garage meeting and underscored that their two organizations needed to stand together on January 6th. Tarrio explained that the Proud Boys and Oath Keepers are “just two different groups” and that he and Rhodes “don’t get along,” but said that “for situations like this where there is a need to unite regardless of our differences . . . what he did today was commendable.”²¹⁸²¹⁸ Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Nick Quested Production), Video file ML_DC_20210105_Sony_FS5_Clip0042.mov, at 2:32-3:38 (Jan. 5, 2021). Tarrio added that Rhodes’s presence at the garage meeting was “thoughtful” because Rhodes had “quickly provided security” for the meeting and “seemed concerned” about Tarrio’s legal situation.²¹⁹²¹⁹ Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Nick Quested Production), Video file ML_DC_20210105_Sony_FS5_Clip0042.mov, at 2:32-3:38 (Jan. 5, 2021). In a likely nod to prior coordination between Proud Boys and Oath Keepers at other post-election events, Tarrio further explained that “my guys have helped him [Rhodes] out in the past,” and that he and Rhodes have “mutual respect” for one another.²²⁰²²⁰ Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Nick Quested Production), Video file ML_DC_20210105_Sony_FS5_Clip0042.mov, at 2:32-3:38 (Jan. 5, 2021). Tarrio then traveled north to a hotel near Baltimore, Maryland, where he stayed through the events of the next day.²²¹²²¹ Select Committee to Investigate the January 6th Attack on the United States Capitol, Deposition of Henry Tarrio, (Feb. 4, 2022), pp. 83-84.