Mr. Brown: A Case Study in FBI Retribution

Jeremy Michael Brown was arrested on September 30 for misdemeanor charges related to the events of January 6, and is held over pending trial.  He’s tagged by the DOJ/FBI as having an affiliation with the “Oath Keepers.”  I first introduced you to him in my blog of October 20, when I nicknamed him “Mr. Brown.”  Nicknaming him as a “Clue” game character turned out to be more apt than I thought. He’s just one more “Oath Keeper” pawn being moved about the board by the feds to meet their publicity goals.

The DOJ has four cases against Mr. Brown.  A standard January 6 defendant has two: the local case upon arrest (1), which is then transferred to Washington, D.C. District Court (2).  Each court case has its own number.

In the weeks between Mr. Brown’s arrest on September 29 (Middle District of Florida case number ending #619 (Judge Meriweather) and this past Monday of November 15, I couldn’t find Mr. Brown.  Literally.  He remains, to this day, not listed in the federal prison locator website.

Mr. Brown’s case was initially normal:  arrest in Florida (case ending #619), then transfer to Washington, D.C. (case number ending #609).  It was randomly assigned to Judge Faruqui (standard assignment system).  The DOJ was dissatisfied with that assignment and motioned to transfer the case to Judge Mehta.  Judge Mehta asked why, and the DOJ submitted a “Notice Regarding Case Relation,” claiming Mr. Brown to have a relationship to the conglomerate case involving twenty “Oath Keepers.”  Judge Mehta accepted the case transfer on October 12, 2021.

Then, the case #609 went dead.  There was no standard prisoner transfer from Florida to Washington, D.C.  There was no arraignment.  No assignment of counsel.  No presentation of the prisoner before the Court.  Nothing.

Last week, I called the Washington, D.C. prison.  They do not participate in an on-line prisoner locator.  They require a personal phone call.  The woman with whom I spoke found no record of a “Jeremy Michael Brown” having ever entered their prisons.  “Try the U.S. Marshal’s Service where he was arrested,” she suggested.

It took me four days to get through to anyone at the U.S. Marshal’s Office in Tampa, where Mr. Brown was residing at the time of his arrest.  That person was only willing to tell me that Mr. Brown was “still in custody.”  She told me to call the courts.

I called the first judge’s chambers (Judge Meriweather) with some hesitation.  I have made it a rule that I don’t contact anyone about the research and analysis I am doing.  But, in this case, I had some concern whether there was a prisoner problem, given how many bad reports have been made about treatment of January 6 defendants since March. 

The court clerk also did not have an explanation for Mr. Brown’s whereabouts.

I hit the Google again on Monday night for about 90 minutes and figured out the oddity of the cases of Mr. Brown.  There are four (4) federal cases brought against Mr. Brown.  The two open and obvious cases of Mr. Brown relative to January 6.  Then, there is a third case filed under #03138 and a fourth case filed under #348.

The #03138 case, filed in Washington, D.C. District Court was left with Judge Faruqui.  It is a “Patriot Act” phone tap application.  Much to my amazement, the entire 50-page document was sitting on PACER, the federal court filing system.  I have uploaded it to my website – it’s such a curiosity to see a complete “Patriot Act” warrant application that it’s worth studying.

The fourth case, the #348 case, was filed in Florida, and was assigned to Judge Flynn, and that’s where all the action is taking place.  The case is scheduled for trial, commencing December 6, 2021 before Judge Bucklew.

On felony gun charges, unrelated to the January 6 misdemeanor charges.

Got all that?

Now, let me tell you what’s really going on in the cases of Mr. Brown.  It’s what law professors like to call “a case study in.”  In the cases of Mr. Brown, it’s a case study in FBI retribution.

On March 5, 2021, a two-hour video interview of Mr. Brown came out in which he details the visit by two FBI agents to his home in November/December 2020 and the meeting with two FBI (JTTF) agents at a café thereafter.  Indeed, Mr. Brown shared the video footage with audio of the two FBI agents at his home, ringing his doorbell, talking to his girlfriend, then talking to him.  And, Mr. Brown shared the audio of the two other FBI (JTTF) agents at the café.

The two-hour interview of Mr. Brown is a tutorial in psy-ops (longhand: “psychological operations” or “psychological warfare”).  As Mr. Brown points out to the unfamiliar who tune in to his interview, just grab yourself a copy of “The Guide to Unconventional Warfare” - it’s readily available on the Internet.

You might imagine that Mr. Brown is unlikely to have fans within the FBI after giving the interview, showing the footage, and airing the audio.  Mr. Brown also took the position in the March 5 interview that he wouldn’t settle if arrested because he has information that would blow the lid off the (then) 600 arrests, such that he would want to go to try to tell all. 

And then the months went by.

It was a curiosity to me why the FBI hadn’t arrested Mr. Brown earlier than the March 5 interview, let alone didn’t arrest him for months afterwards.  Mr. Brown stood in plain view at the Capitol on the grass, wearing all manner of gear.  He answered a telephone call, while there, from an FBI agent – as confirmed by the FBI in their court filings in September.  He even answered a second call from them on January 7 – also, as confirmed by the FBI in the same filings.  He freely spoke to the media.

Any question of whether Mr. Brown had decided to cooperate with the feds (given the lack of arrest) was nixed by the paperwork of the third and fourth cases.  You don’t need a 50-page “Patriot Act” warrant to tap the phone of a confidential informant.  You need to string out the lack of arrest as psy-ops against the subject.  You need it to play cat-and-mouse with one who has publicly declared opposition and offense to the FBI’s approach to himself and the Oath Keepers. 

Mr. Brown, in the video interview describes his interest (after the 2020 election) in what the Oath Keepers might have to offer, his contact with them, and his warning to them that their chats might already be compromised.  Mr. Brown even carpooled from Florida with another “Oath Keeper” defendant, who was reporting on Mr. Brown to the FBI along the way.  (That defendant settled out over the summer).

When the DOJ/FBI confronted Mr. Brown going into the pre-trial detention hearing on the fourth case, they used him up and spit him out.  The DOJ attorneys made sure to submit publicly their “evidence list,” which included having seized Mr. Brown’s copy of “The Guide to Unconventional Warfare.”  The DOJ made sure it publicly released close-up photographs of Mr. Brown’s big, black, scary guns and two grenades.  And the DOJ made sure to submit the FBI photograph taken in Mr. Brown’s bedroom of the poster of Mr. Brown as a young, active-duty soldier in the Army, then age 28.  It’s a recruiting poster Mr. Brown had professionally framed.  The FBI agents put the professionally framed poster on his bed pillows for purposes of their publicity photos.

First, “The Guide to Unconventional Warfare” is not an illegal publication, or even classified. It’s available for purchase on Amazon.com, btw.

Second, there are other defendants who traveled to states bordering Washington, D.C. with firearms in advance of January 6, and in none of those cases were the firearms seized, or, if picked up as part of the warrant at the time of arrest, were not photographed and released to the public.  In Mr. Brown’s case, the make, model, and even serial number of the firearms was published (typically, at least the serial number is redacted).

Third, the photograph of Mr. Brown’s bedroom is completely irrelevant to the charges and are not probative of a single sentence of the more than 100-pages of federal submissions in cases three and four.  It is staged to mock Mr. Brown.  It is the FBI’s way of pulling him down and putting to sleep Mr. Brown’s pride of having honorably served this country.

It would appear that the federal government now wants to make Mr. Brown the poster boy of “American Veteran Extremist.”  The FBI loves tossing around “DVE” (“domestic violent extremist”).  Enter now the “AVE,” or, “A-Grade Veteran Terrorist.”

Most recently, the attorneys for both sides have agreed that the Florida felony gun charges case will proceed ahead of the January 6 case.

We’ll see how the gun case measures up.  It’s all about barrel length and two grenades.

Apparently, someone wants Mr. Brown in jail without the opportunity to say anything further about the events of January 6 or the FBI.

 

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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