S.O.S. Kelly Meggs

Mr. Kelly Meggs is without an attorney. And is incarcerated in prison in Washington, D.C. And has been there, awaiting trial, since February 19, 2021. And was originally accused of one set of federal crimes. Then another. Then another. As the factual allegations changed. As the ability to meaningfully prepare for trial faced one obstacle after another – and one attorney after another – until his most recent counsel was disbarred.

Mr. Kelly Meggs is without an attorney. The most recent attorney’s name is Jonathan Moseley. He was admitted to practice in Virginia, but that license was revoked on April 1, 2022. He is also admitted to practice in Washington, D.C., but, upon information and belief from a minute entry in the docket of case 1:22-cr-15, pending against Mr. Meggs as entered by the presiding judge, that license appears to be under review.

The case against Mr. Moseley in Virginia is captioned as Virginia State Bar, Ex Rel v. Jonathon A. Moseley. It does not state the accuser. It does not describe the factual allegations. It does not list the findings of fact. It simply lists the disciplinary rule violations by number. I cannot locate this as a public file, nor can I locate any disciplinary action pending in Washington, D.C.

On April 13, 2022, Mr. Mosely (in plain English) pissed off Judge Mehta of the D.C. District Court, by filing an additional motion on behalf of Mr. Meggs. In his defense, Mr. Moseley appears, based upon Judge Mehta’s minute entry, to still be admitted to practice in Washington, D.C., and Mr. Moseley was up front about his bar status in his written submission.

Mr. Moseley filed the motion because the group of co-defendants, including Mr. Kelly Meggs, who are scheduled to start trial before Judge Mehta on July 11, 2022, are under a court order to submit all pre-trial motions by April 15, 2022. That date being yesterday, a Friday.

We might call the motion by Mr. Moseley a “Swan Song” of sorts. An: if I’m going to be disbarred, then let me at least make this noble gesture.

For me, in it since the afternoon of January 6, 2021, it was a gift. An insight into the stage of this case that we (myself included) cannot see. This January 6 case, along with hundreds of others, is in the “discovery phase.” It’s that period of a case where the attorneys for both sides are exchanging documents and other evidentiary things, to develop their potential trial cases. To explore what’s out there, so to speak. In the case of the criminal defense attorneys, to get a good, long look at what prosecutors hold in their hand, even if the prosecutor has no intention of introducing it at trial.

Hence, Mr. Moseley’s motion. Discovery goes unseen by the public in criminal cases, unless the attorneys hit an impasse, which, apparently, is the situation between defense counsel Moseley and the U.S. Department of Justice prosecutors.

The discovery impasse is over the January 6 pipe bombs and the notification of the discovery of those pipe bombs and the decision by United States Capitol Police Chief Steven Sund at 12:53 p.m. to close the U.S. Capitol.

Go back and read that sentence, again.

Yes, this absolutely critical fact emerged during the testimony before Congress of USCP Chief Sund back in February 2021. It is a fact so important to our understanding of the events of January 6 that I wrote about it in my first book (published July 2021) and in my new book (published this month). I have spoken about it on numerous radio and podcasts, also.

The U.S. Capitol was open on January 6 until 12:53 p.m., when USCP Chief Sund made the decision to close the building “out of an abundance of caution” and without regard to any subsequent events – except that the shut down didn’t happen. Hell, the Joint Session of Congress wasn’t even gaveled in by Vice President Pence to count the electoral votes until 1:06 p.m. and that went on more than 45-minutes before it was called to begin the evacuation.

I do cover this and in more depth in both of my books.

Generally speaking, in the approximately 800 cases filed against (in general) ordinary Americans regarding the events of January 6, precious few defense attorneys have either challenged the basic fact of the Capitol being open to the public on January 6, or, worse, have stipulated pre-trial and in writing that the Capitol was closed the entire day.

That is incorrect for several reasons, not the least of which is USCP Chief Sund’s testimony regarding notification to him of the discovery of the pipe bombs at the RNC and the DNC national headquarters buildings, near the Capitol.

So, back to Mr. Moseley. The motion he filed on April 13, 2022 is for the enforcement of a discovery order already issued by Judge Mehta for five items, all of which concern the notification of the pipe bombs and how/why the evacuation order was made and delayed in its implementation.

There is no suspect in the pipe bombs. Still. To this day.

And, Mr. Moseley is now disbarred in Virginia, pending another proceeding in D.C.

And Mr. Kelly Meggs remains incarcerated pre-trial and without an attorney at T-90 days to trial date certain of July 11, 2022. In one of the most important civil rights trials since charges were brought against hundreds of Americans under the Espionage and Sedition Acts (1917-1918) and under the House Un-American Affairs Committee (launched 1938).

Back to the April 13, 2022 motion for a minute. I said it was a gift. The motion includes the listing of the five sets of documents requested back on December 13, 2021 by Mr. Moseley. It also includes an order by Judge Mehta to which the DOJ responded on January 20, 2021. Apparently, the response was incomplete.

So above in this blog, we have the what Mr. Moseley asked for.

Now, let me tell you what the DOJ said, and I quote directly from the document:

“Finally, the government notes that it does not control or have access to records maintained or created by the U.S. Capitol Police Office of the Inspector General.”

That can’t be right.

My gut is screaming: that can’t be right.

How many times have I said over the past thirty-plus years of being an attorney what I learned back in high school as a debate nerd: we’re Americans; it’s in our DNA; trust when the gut says it’s unconstitutional. You don’t need to be a lawyer, as an American, to know when an action taken by the government violates our civil rights. (It does then help to go and do the legal research to prove the point, but it starts with trusting that feeling that you’ve been punched in the gut.)

In making my assertion that the U.S. DOJ absolutely must have authority to obtain USCP records during a criminal prosecution, I am taking into consideration three big ticket items we all know and love:

• separation of powers between the three branches of government

• the system of checks and balances

• the rights of the accused

If you’re telling me that the DOJ – some 15 months into these hundreds of prosecutions – hasn’t been through the records of USCP to exhaust both their own investigation + obtain all exculpatory materials… Then why has there been a single Grand Jury convened? Why has there been a single criminal complaint filed?

What did I just say on a recent episode of “Lock ‘N Load” with Bill Frady about the trial of acquitted January 6 defendant Matthew Martin? DOJ didn’t call the USCP officer at the door of the Capitol that Mr. Martin walked through on January 6. How odd. The prosecutors must not have wanted the USCP officer to be cross-examined. It left the Court to conclude that in video/photographs there was no indication that the USCP officer stopped or attempted to stop Mr. Martin from walking through the already-open doors.

But, it’s more than that, isn’t it?

It’s because of Attorney Trial School 101: never call a witness you don’t know and never ask a question to which you don’t already know the answer. (Now, this is not strictly true, but it’s how the saying goes.)

This DOJ filing in the case of Mr. Kelly Meggs does say that the DOJ

“intends to produce in discovery” of various records “created by the FBI that may reflect the communications or actions that led to the decision to recess each chamber.”

Records that apparently

“include memoranda of interviews with relevant personnel, including select employees of the U.S. Capitol Police, including plain-clothes (sic) officers who were in the House and Senate chambers; the U.S. Secret Service; the House of Representatives, including individuals who work for the Parliamentarian, Sergeant at Arms, and Clerk; and the Senate, including individuals who work for the Secretary.”

Listen, I don’t want you to run wild with conspiracy theories concerning Mr. Moseley being disbarred because he asked for records relating to the pipe bombs.

What I do want us to do is laser focus on the case of Mr. Kelly Meggs and obtaining these vital discovery materials.

While I may be in complete and utter disagreement that January 6 was the moment to storm the Bastille, in a manner of speaking, I am, once again, in these crazy 15 months, in shock at the prosecutorial misconduct in these cases. The prosecutors are eight (8) indictments downstream against Mr. Meggs and the co-defendants who are alleged to be “Oath Keepers.” And the U.S. DOJ has not even completed a basic investigation prior to charges being filed, let alone that this case is T-90 to trial with a date certain of July 11?

The question is what, if anything, we, The People, can do about it.

It’s time to bird dog, folks.

Our job is to flush out the top-notch criminal attorney to represent Mr. Meggs this late in the case. Someone with (ideally) at least 20 years of criminal defense work, preferably all of it in federal court, and who believes in the Second Amendment as much as we do. He or she has to be willing to drop every other current client, essentially move into offices/house near the jail in D.C., and live, breathe, eat, and not sleep to trial. A trial, by the way, scheduled for four, straight weeks. It sucks, but it is not a complete no-go. This attorney(s) exists.

And, someone needs to donate their house and offices, bring in nutritious food and water, and pick up dry cleaning.

Alright, I’m going to leave it here. 1,700+ words later. (I really should just start doing podcasts, but there’s a therapy in the sound of pounding keys, while I run the blender and make protein shakes.)

Assignment critical for Mr. Meggs:

1. criminal defense attorney;

2. offices a reasonable commute to D.C.;

3. house; and,

4. gofers.

Yes, there are attorneys for all the other defendants to also consider, but right now what I’m looking at is an American sitting in prison, willing to go to trial to stand up for all of our rights, who is without an attorney.

There’s still time, Ladies & Gentlemen, so let’s get on it.