Oath Keepers helped officers at Capitol, witness says in trial over Rep. David Eastman’s membership in group

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The trial determining whether Rep. David Eastman’s membership in Oath Keepers is a violation of the Alaska Constitution closed out the week with a New York state member of Oath Keepers testifying via videoconference on Friday that the group is simply a loosely organized affiliation and that its leader, Stewart Rhodes, gave no known orders to invade the U.S. Capitol on Jan. 6, 2021.

Rhodes, the founder of the Oath Keepers, has been found guilty of seditious conspiracy and other offenses in connection to the disruption of the Senate’s certification of the Electoral College vote that made Joe Biden president.

One of the witnesses to testify on Friday said that he helped police officers exit from the Capitol after a handful of citizens overwhelmed the entrances and police seemed exhausted. Defense attorney Joe Miller showed a video clip of Michael Nichols with a bullhorn, shouting at the group gathered outside to allow police through so they could get outside the Capitol.

Nichols, a member of Oath Keepers who was at the U.S. Capitol on Jan. 6, told the court that he was there not at the direction of Rhodes, he was not in communication with Rhodes, and that he, and others, were there as independents, to help provide backup for law and order. He said police seemed exhausted by the events of the day.

As the plaintiff’s lawyer tried to take apart his testimony, he stood firm on his statement that there is no chain of command in the Oath Keepers, which he described as being just a group of former law enforcement officers who can help the country as needed in the case of a loss of civil order.

The Northern Justice Project on behalf of Wasilla resident Randall Kowalke is trying to have Rep. Eastman removed from office due to his “lifetime membership” level in Oath Keepers. They have accused him of being part of a group trying to stop an election, but they themselves are trying to invalidate a legal election in Alaska. Their reasoning is that he has violated the Alaska Constitution’s disloyalty clause by his very membership in Oath Keepers.

Superior Court Judge Jack McKenna appears to believe that bureaucrats at the Division of Elections have a responsibility to determine if any or every candidate is loyal enough to the government to serve in office. Thus, the fate of a legislator in Alaska, who has a membership in the Oath Keepers, is in the hands of one man.

Eastman won reelection in November by over 51% on the first round of ballot counting, and did not need to go through the ranked-choice reassignment of votes, even with two other Republicans on the ballot.

Points made on Friday during the hearing:

  • – Oath Keepers is not a militia in almost any understanding of the word.
  • – There in no chain of command in Oath Keepers.
  • – Stewart Rhodes, the leader of Oath Keepers, gave no orders on Jan. 6 to the general membership. He did not order people into the Capitol.
  • – Stewart was found not guilty on charges that are central to Kowalke’s and the Northern Justice Project’s case, and was never even charged with trying to overthrow the government.
  • – The stash of weapons in Virginia was a lawful act, and was intended to be available if Oath Keepers were called upon to assist law enforcement. The nation’s capital has extremely strict gun laws, which is why Oath Keepers did not bring their sidearms.
  • – Nichols was asked by Northern Justice Project if he would disassociate from the Oath Keepers, and he said he wouldn’t disassociate with any group that supports the U.S. Constitution.
  • – Rhodes is expected to testify on Monday or Tuesday, but his appearance is dependent on the decisions of his jail-keepers.
  • – Pat Martin, spokesman for Alaska Right to Life, is expected to testify on Monday. He was at the the Grant Memorial and took photos with Eastman on Jan. 6.
  • – Eastman is expected to testify on Monday or Tuesday.
  • – The judge expects the trial to end by Tuesday, if Rhodes can be made available to testify.

Political actions that publicly advocate for the overthrow of a legitimate election is what the Northern Justice Project is accusing Oath Keepers of doing.

But, in fact, when Alaska Democrats in the Legislature tried to get Eastman kicked out of the Legislature starting in January of 2021, that is what they were doing — trying to overthrow a legitimate election for their own political reasons.

That reasoning was repeated in the Alaska Democratic Party’s official newsletter, which has called for the expulsion of Eastman.

The attempt to eject Eastman forcibly from the Legislature continued by Democrats for several months, and it wasn’t until the Oath Keeper’s website was hacked and records of membership in the organization were publicized that the Democrats decided to try a new tactic — remove Eastman through the courts, this time accusing him of membership in an organization that they say seeks to overthrow the government.

No one has asserted that Eastman was anywhere near the melee that broke out at the Capitol that day. He was safely at a distance, at the Ellipse, and at the Grant Memorial. The Northern Justice Project has tried to paint him as an extremist because he went to the Holocaust Museum.

45 COMMENTS

  1. Smart of first judge to leave before trial began, this trial is like prosecuting santa claus because a good, helpful, kind old man thinks he’s santa claus- miracle on 34th street- these guys are sickos.

  2. I’m not so sure about Joe Miller’s line of defense here—would seem (from the outside) that going after the constitutional disloyalty clause itself might make more sense legally, even if that comes down to appeal. This idea that a civil defense group has no leadership kind of makes a volunteer group of first responders seem like anarchy or otherwise just moot. Maybe Eastman is trying to take too large a stand? Why not challenge the legal principal instead of trying to whitewash this group?

  3. McKenna’s kangaroo court is the laughing stock of reasoned citizens. If a duly elected politician was also a member of the Hell’s Angels, who was bringing Christmas meals to orphans, would that politician be denied his seat on the legislature because some crazed Left-wing Democrat complainant, who is represented by a Marxist political action group, and further backed by the Democrat Party, didn’t like the Hell’s Angels?
    .
    McKenna is a judge who can’t see the forest through the trees. He should be the one on trial.

  4. I have learned absolutely zero new in this trial, the voters know what they elected. Eastman has broke no laws, the January 6th morons are going to jail. What is America turning into?

    • Frank, We are in the midst of battle between the American way as defined by the Constitution and those that want to subvert and destroy individual liberty and the process of free thinking and expression. Simple as that. Essentially this group seeks to re-make America into the Chi-Com mold where uniformity to the will of the Party is paramount and dissent is not allowed.

      You and I may disagree on many things, but your right to think the way you do and to express your opinions are sacrosanct in my book. I would defend your rights despite our differences, not so with this group who seek to silence all opposition.

      Cheers and Merry Christmas

      • RS. Those who want to “subvert and destroy individual freedom “ are the christian nationalists. Evidence: the national mandate that a pregnant woman must give birth to the child, no matter the circumstances. This is insidious government intervention and overreach.

        • Your earlier comments just point to you being a socialist, Lucinda. But this one has me worried that you need psychological intervention before you bring harm to yourself. Please seek professional help.

          • Government taking of women’s right to decide for herself is a huge loss of freedom. If you oppose tyranny, seems like you’d oppose the birth mandate.

        • Lucy, I think if you would stop and take a deep breath… and give that rational side of your mind a moment to ponder the facts in question…

          The Supremes merely ruled upon what was evident, that being the Feds have no role in a so called right to an abortion. It isn’t a Federal issue making it a States issue.

          Ok, exhale, now tell me how the Death Cultist in Alaska have been hampered? No? Ok, then go on and be happy, and remember to read the Constitution more often. Especially the 9th and 10th amendments.

          Merry Christmas Lucy!
          Yours in Liberty
          Robert

  5. This should never have been allowed to make it to court. A frivolous claim by the Dems that is just another example of their use of lawfare to destroy their political opponents. Lawfare and “sue and settle,” a more insidious device used by leftists to get what they want without normal legislative means, ought to bring disbarment of the lawyers bringing these suits and those allowing these tactics to prevail. Unfortunately, the legal system has been taken over by leftists on all fronts with too many lawyers, judges, attorneys general and even the FBI more interested in furthering their leftist ideologies than delivering justice. I hope Eastman gets acquitted but it seems this is a theme the left wants to use elsewhere through their extreme efforts to claim Jan 6 was an insurrection.

    • I’m not a Dem and I’m good with a legal look at Eastman’s membership in the Oath Keepers versus his membership in our legislature. And it’s not a first amendment concern they are looking at.

      • The plaintiff, Randall Kowalke, isn’t a Democrat, either………or so he says. Why, he’s “a proud Republican”!
        Another RINO Democrat sowing the seeds of anarchy.

  6. During the trial yesterday, the video that shows Oathkeeper Mike Nichols helping the police on January 6th glitched, so only a few frames were shown. The court system tried to stream it online, instead of playing it directly to the screen in the courtroom. The people have a right to see this video played in the courtroom and online.

    The court has too many technical problems, but the judge pushes the trial full steam ahead anyway. On day one, the lawyers could hardly be heard; though, the witnesses’ and the judge’s audio was fine.

    David Eastman’s attorney, Joe Miller said to the judge that in all his decades of court trials, he’s never seen a judge fast-track a trial this fast, which doesn’t seem fair to David Eastman.

    David Eastman posted the video of Nichols helping the police under Politadick’s stream on Politadick’s Facebook page. I’ve also included it in a comment on Must Read Alaska’s Facebook post of this article.

  7. McKenna should be removed for the bench for allowing this farce to happen.

    I’m not a lawyer so I don’t know. But it’s hard not to wonder if this level of judicial abuse doesn’t merit some kind of punishment.

  8. The Alaskan Left has stated their intent – disqualify Eastman from serving after duly elected. But why Eastman you ask? Because he represents those who are not willing to bow to the left in regards to the erosion of the values of life at conception, biblical marriage and family, and conservative principles. The DC Swamp Democrats just stated their intent with a partisan bill to keep Trump from running again for the Jan 6 insurrection. When the left cannot affect change through upfront and obvious means, they will always start chewing on Constitutional Precedent to weaken the stance of the right, by dismantlement through all three branches. Right now, it’s the judiciary, since the legislative coup failed. When this fails, they’ll need a lefty governor to use executive fiat. Lord help us when they control all three branches. Ultimately it will boomerang on them, because they are always on the side of lawlessness. We should become experts in the leftist playbook; Saul Alinsky’s: Rules For Radicals, and use their own tactics against them.

    • Better start with the schools and the colleges that train the teachers… This is at least a 4-generation fight IF we start right now.

  9. All they need to do is get a guilty verdict here and the precedence is set to disallow anyone from holding a seat, even if elected, if that person is found to have been associated with a group on a certain list. Once established, that list will grow to include any working against the progressive cause. Oath Keepers for now. Maybe the NRA next. How long before the Lions club, etc.
    Even if guilty verdict is later overturned, rest assured that the list of non approval will still be quickly established and will take on a life of it’s own.
    Where is the guy that always claims that the communists aren’t REALLY communists because they don’t control the ‘means of production’? Well, they don’t need to worry about the means of production when they can control exactly who we are able to consider for election as it automatically blocks honest candidates and paves the way for the candidates chosen by the existing powers.

    • The true heart of the matter.
      Try a test case on a member of a fringe group who is not popular with anyone outside their district.

      If it works, aim a bit higher next time.

    • “All they need to do is get a guilty verdict here and the precedence is set to disallow anyone from holding a seat, even if elected, if that person is found to have been associated with a group on a certain list………”
      All that will accomplish is driving the right wing underground to behave like the left wing terrorists like Antifa. If it works for them, it can certainly work for the right.

  10. I think it is hilarious that Democrats call conservatives “election deniers” when it is the Dems that are always whining about elections!

  11. Excellent point, Paul in the Valley. The democrats are the enemy within, and as big a threat to America as Russia or China.

    • The people that call themselves ‘democrats’ now, have nothing to do with what we typically think a member of that party would. Up to about twenty years ago, a democrat would argue about how money is spent and on what project, within the United States. But they could always agree that issues like national security and a strong economy were important to the country as a whole. The ones that call themselves ‘democrats’ today have become so radicalized to the left, that lack of national border security, crime, subverting the rule of the Constitution, dismantling the family, indoctrination of school children, and crashing the economy, are all acceptable in order to attain some higher goal.

  12. Watch the videos of the attack. The tactics used by the attackers mirror those of Antifa and the Oregon Anarchists. Coordinated attacks with PTT radios and hand signals. The security guard running down the hall slows so the mob can catch up and not get lost. One would think with ties to the Hollywood elite the Dems could come up with something a little more convincing.

      • They were, I have acquaintances that travelled from Oregon to attend the rally. Antifa and the OR Anarchists were on the plane, stayed in the same hotel, heard on an elevator saying its “go time” and headed off to the capitol. This is a true account.

        • Would love this to be the honor system Jimbo but your “true account” is on the order of a Trump truth. I’ll wager that Pinocchio was also on that same flight with your acquaintances. Heheh!

      • As it has been stated before, from the very beginning people who were attending, used their smsrtphones had video taped people coming off of parked buses with banners of Antifa and Black Lives Matter being handed red hats and other Trump paraphernalia. D.C. Democrat leaders were handing this out and disguising it as being from Trump groups. It was being supported by Hillary and Pelosi.

        • Pretty crazy that none of these folks have been charged by Justice in these trials of Trump supporters. I’m thinking you have been fed a bowl of bullchit kc. Keep em coming though as you and Jimbo can sure provide us with some laughs here.

          • But William, it is you who dispenses the Bullchitna in this thread. Think Billy, has the Government ever been involved in creating mayhem against and amongst the citizenry in the past by use of “inside agitators” ? What of Propaganda? You know the stuff that the you hear on Government sanctioned media outlets?

            Billy, I’ll bet you are an old ’60s protestor, did LBJ and Nixon play it square back then? No? Huh, and yet you trust the Government of Pelosi and Chuck the Schmuck today? Come on man, you gotta be smarter than that!

          • Sounds like you support these Jan 6 traitors Robert. You thinking Stewart Rhodes was influenced by some “inside agitator?” Heheh!
            I was in US Army in 67-68 and did no protesting-Kent State changed my feelings later.

  13. This article has been very professionally presented by S.D. After using her link mentioned in the previous report, I watched this trial live and will continue to watch it to conclusion. Furthermore, it should be broadcasted on national Television. It is good to hear about the other side of the story, that up until now has been heavily suppressed. And the inability the leftist litigator to disprove any of the testimonies is interesting. Despite my previous thoughts of the merits of petting the dog backwards, I now can appreciate David Eastman for his efforts. His cut seems necessary in these strange times and as far as I am concerned, he has won his case, despite what the ruling will be. His stubbornness has led to a great exposure of evidence that we have not before seen.

  14. Never forget the 5/29 insurrection when they burned St. Johns Church, firebombed the white house with burning bibles, and forced our president into a bunker.

  15. How about the fire bombing of the Federal Bldg. in Portland with innocent employees inside? The mayor of Portland was there, watched, and did nothing. All forgotten.

  16. The whole basis for this case is laughable. If Oath Keepers really was an organized group intent on overthrowing the US Government (seditious), wouldn’t the FBI be detaining and investigating all members by now? after all, it has been nearly a year since 1/6/2021. Either the FBI does not truly believe the organization poses this type of threat or they are too busy engaging in politically charged investigations of school board meeting attendees and conservative Twitterers. As far as I know, Eastman is not under federal investigation for sedition – this judge is way out in leftist field…

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