Hello Again, J6

Nearly nine months ago, I engaged in oral arguments at the Second Circuit Court of Appeals in Manhattan in the case of Gazzola v. Hochul. We continue to await the decision in that case. “We,” being along with the plaintiffs in four associated cases, which include Antonyuk v. Nigrelli, Spencer, Christian, and Hardaway.

A year and a half ago, I made the very difficult decision to take on Gazzola, which pulled me off the work I had done on persons and events of January 6. I started that work while events were unfolding, live, at the U.S. Capitol on January 6, 2021. I had published two works. The first in April 2021. The second, about a year later. I blogged. I did radio and podcast interviews. I traveled the East Coast for book sales and activism against two federal bills designed to create the first crime of “domestic terrorism.”

This afternoon, I reread the first book. “The Events of January 6, 2021: What Impact the Second Amendment Movement?” Sections B, C, D, and E ring more true, even than when penned. Section A – about the initial charges against about a dozen Americans branded by USDOJ as “Oath Keepers” – grew to more than thirty such defendants, all of whom are now either convicted and sentenced, or, under plea agreement. Although I left the word “Volume I” off the cover, it’s how I intended the work to function.

With a heavy heart, I realized a few days ago, that although I carefully followed the Oath Keeper pre-trial conferences through August 2022 and read news reports about the convictions, plus Rhodes’ pre-sentencing memorandum, I no longer know even where these individuals are incarcerated. Still in D.C.? Moved to federal or lesser prisons closer to their counties of residence at the time of arrest? And, has any of the attorneys managed to file an appeal, yet, given the magnitude of the records? Clearly, the first order of business is to convert my last chart of defendants from “charges” to “convictions” and to ascertain their physical status.

Reread the first volume and am ready to embark upon the second. It’s entirely possible that I’ll be interrupted by that languishing decision from the Second Circuit, but, unlike the first year of work on Gazzola, everything we tried to prevent from starting is now in effect. The “emergency” posture has evaporated as a result of each successive “denied” we received from judges in response to our requests for help. A different kind of sadness is that I’ll be able to balance work on both.

The Cheney Circus is concluded. The convictions - mostly by juries – handed out, and the sentences handed down. Even the recent release by the U.S. House Speaker of more than 40,000 hours of video hasn’t triggered any kind of reporting. True to the American experience, once there’s a conviction, the defendant is a criminal.

So let’s do this. Use code VOLUME1 on check-out and grab a copy of my big book on January 6 for $10.00 + free shipping. In retail, it’s called a “loss leader.” Grab it now: more than 100 pages, 174 footnotes, three appendices, and letters you can copy, sign, and send to Congress. Ahead of Volume 2. The ask is that while you’re reading, send me your comments. I’m eager to know what intrigues you more than less, and where you see the conversation around “domestic terrorism” going over the course of the next 2-3 years. Whilst you’re reading, I’m going to be doing my level best to get in-person interviews with several of the key figures of the day. There’s still an alarming amount of un-asked questions (let alone “unanswered” questions) about January 6. Someone needs to be asking those questions, whether it means traveling to federal prisons or sending letters to questionable addresses that may be RTSed.

Given that NYS Governor Hochul assigned the NYSP Joint Terrorism Task Force to carry out inspections of federally-licensed dealers in firearms under the color of law, the answers may have more relevance than I would prefer.

Paloma Capanna

Attorney & Policy analyst with more than 30 years of experience in federal and state courtrooms, particularly on issues where the Second Amendment intersects with other civil rights.

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