Tag: Eli Mosley

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Federal judge to rule on motions to dismiss in August 12 victims’ case

Jim Kolenich, who represents Jason Kessler, "Crying Nazi" Chris Cantwell, Elliott Kline and multiple others in Sines v. Kessler, addresses the media outside the federal courthouse while his co-counsel Elmer Woodard gives a rare interview to a Washington Post reporter in the background. Staff photo

In a lawsuit filed on behalf of 10 alleged victims of last summer’s deadly August weekend in which hundreds of white supremacists and neo-Nazis descended upon Charlottesville, a federal judge is now considering whether to grant several of the defendants’ motions to dismiss the case.

Attorneys Roberta Kaplan and Karen Dunn claim that 25 individuals and groups named as defendants in the suit premeditatedly conspired to commit violence at the August 12 Unite the Right rally.

Plaintiffs include victims of the Fourth Street car attack, other white supremacist violence and extreme emotional distress, including Elizabeth Sines, Marcus Martin, Marissa Blair, the Reverend Seth Wispelwey and Tyler Magill, who suffered a stroke after being beaten on August 11.

“There is one thing about this case that should be made crystal clear at the outset—the violence in Charlottesville was no accident,” the lawsuit states. “Defendants spent months carefully coordinating their efforts, on the internet and in person.”

The document quotes Unite the Right promotions that stated, “If you want to defend the South and Western civilization from the Jew and his dark-skinned allies, be at Charlottesville on 12 August,” and “Next stop: Charlottesville, VA. Final stop: Auschwitz.”

The suit further quotes one rally organizer Elliott Kline (aka Eli Mosley), who allegedly declared, “We are going to Charlottesville. Our birthright will be ashes and they’ll have to pry it from our cold hands if they want it. They will not replace us without a fight.”

Ohio-based defense attorney Jim Kolenich, who represents Kline and nearly a dozen other high-profile Unite the Righters, including Jason Kessler and “Crying Nazi” Chris Cantwell, argued in United States District Court for the Western District of Virginia today that Kaplan and Dunn failed to prove that his clients conspired to be violent at the rally.

“There is no specific allegation in those paragraphs,” he said, adding that the only conspiracy was one “to come to Charlottesville and be provocative with their political speech.”

“Yes, they are provocative people,” Kolenich said, and noted that defendant Jeff Schoep, the neo-Nazi at the helm of the National Socialist Movement, has said if he could meet Adolf Hitler today, he’d thank him, as also referenced in the complaint.

Northern Virginia-based John DiNucci, who as of yesterday is representing Richard Spencer in the suit, made the same claim that no specific evidence pointed to Spencer’s premeditated conspiracy for violence. As did Brian Jones, a local lawyer who’s representing Michael Hill, Michael Tubbs and the League of the South.

Mike “Enoch” Peinovich,  the New Yorker who founded The Right Stuff, a right-wing media hub, and podcast The Daily Shoah, is the only defendant representing himself in the case.

“I have many opinions that people may find shocking,” he told Judge Norman Moon, but he also said there’s no evidence that he was planning to be violent at Unite the Right, and though the lawsuit points out that he announced the rally on his podcast and his name appeared on rally fliers, Peinovich said that’s “just First Amendment stuff.”

To combat the claims that the suit’s defendants weren’t the ones who conspired to do harm, Kaplan told the judge, “We carefully chose the 25 defendants we did. …We went after the leaders.”

She said her team is still gathering evidence from sites that alt-right leaders used to plan for the rally, such as Discord, where they often use screen names to conceal their identities.

When she gave the real-life screen name example of “Chef Goyardee,” Peinovich shook with laughter. She also referred to internet conversation about running counterprotesters over with vehicles, which she said the alt-right has since denounced as an “edgy joke.”

“We believe that what we have here is just the tip of the iceberg,” she said.

Kolenich, who admitted during the hearing that he doesn’t know which Confederate general’s statue is causing such a ruckus in Charlottesville, said outside the courthouse that the judge should have a ruling within 30 days.

Beside him, his co-counsel gave a rare interview with Washington Post reporter Ian Shapira.

Said Elmer Woodard, the Blairs, Virginia, attorney who’s recently spent quite a bit of time in Charlottesville defending white supremacists at the state level, “I represent murderers, drug dealers and perverts, but I’m not one of them.”

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In brief: Richmond watch, a local avenger, new rules and more

AR-15-style assault rifle outfitted with a bump stock

As the General Assembly finished its fourth week in this year’s session, most of the 3,000 or so bills legislators filed will die in subcommittee, but some are inching toward the governor’s desk for signature into law.

Killed bills:

Danger zone

After a bill to ban the devices used in the Las Vegas concert slaughter passed a Senate Courts of Justice Committee, a Senate Finance subcommittee killed the measure. Other gun safety bills have met a similar fate.

Tebow down for the count

The 13th time was not the charm for Delegate Rob Bell’s bill to allow homeschooled kids to play in public school sports. The past few years it’s made it to the governor’s desk, where it was vetoed, but this year, it died in committee.

Local statue option

A House of Delegates subcommittee smothered several bills January 31 that would have allowed cities like Charlottesville to decide what to do with their Confederate monuments, including one carried by House Minority Leader David Toscano. The Senate had already nixed letting localities determine the fate of their monuments.

Staying alive:

Child porn hearings closed

Toscano’s bill to close child pornography preliminary hearings to protect victims passed the House of Delegates 98-0, but raises freedom of the press issues. A Fluvanna deputy suggested the measure when he realized those sitting in the balcony of a courthouse could have seen images of victims, a scenario not likely in balcony-less Charlottesville and Albemarle courts, where the public was eager to learn details in cases such as that of former CHS teacher Richard Wellbeloved-Stone.

Let doctors decide pot prescriptions

The Senate unanimously passed a bill February 5 that allows physicians to prescribe  cannabidiol oil or THC-A oil for any condition, not just intractable epilepsy, which is already on the books. The House passed its own version of the bill February 2. TBD: where patients with prescriptions actually buy the approved marijuana products.

Kings Dominion overthrow

Two bills that would allow localities to determine if schools open before Labor Day and that rescind the Kings Dominion law passed the House.

 

Quote of the Week: It’s a movement where 30 people with cheap tiki torches can seem like an army in the echo chamber of social media, where white men claim to be the real victims and where a weekend warrior can pass himself off as a disillusioned veteran of war.—How an Alt-right Leader Lied to Climb the Ranks, a New York Times documentary on Eli Mosley

West2nd

SUP with West2nd

City Council denied a special use permit at its February 5 meeting for developer Keith Woodard to add a 10th floor to his multimillion-dollar mixed-use project called West2nd.

Council changes

Meetings will now begin half an hour earlier at 6:30pm, and community members will be permitted to speak more than once at each session. Speakers will not be able to give their allotted time to another person, but they may now share it. As for the kill switch? Council is now required to livestream on public access TV through any disruption.

Oath of office

Katrina Callsen. Contributed photo

Katrina Callsen, the Albemarle County School Board member whose campaign drew controversy last year because of her association with Teach for America and massive donations from its affiliates, was one of several women featured on the cover of a January issue of Time magazine. The article, called “The Avengers,” highlighted the trend of women running for office since Donald Trump’s election.

Lambeth lives

After mass opposition, UVA’s Board of Visitors will no longer consider historic Lambeth Field as a location for its proposed softball stadium, university officials announced at the January 29 BOV meeting. Three alternate locations include the Park, which is located on North Grounds, a soccer practice field near Klockner Stadium and a parking lot at University Hall.

Friends of Harvey

A new women’s group goes after UVA alum/mega-donor/billionaire Paul Tudor Jones for supporting Harvey Weinstein and for saying childbearing is a focus “killer” for women traders and investors. Women United collected signatures to remove his name from UVA buildings at the January 31 men’s basketball game at John Paul Jones Arena, named for Jones’ father.

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Watching their backs: Cantwell’s request for change of venue and special prosecutor denied

Chris Cantwell, center, and his security detail with Gregory Conte and Eli Mosley is led by attorney Elmer Woodard, right, into Albemarle Circuit Court. Staff photo

 

Another high-profile case went through Albemarle County Circuit Court on January 31, where motions for a self-proclaimed racist who found himself in trouble after the weekend of the Unite the Right rally had two motions denied and one granted.

Christopher Cantwell is accused of using a caustic substance on counterprotesters at the August 11 brawl between torch-wielding white supremacists and anti-racists at the University of Virginia.

Defense attorney Elmer Woodard, who represents several of the alt-right men facing charges from the deadly mid-August weekend, said Cantwell won’t be able to get a fair trial in Albemarle County. He asked to take his client’s trial, which is scheduled exactly six months after August 12, to a different locality.

“Mr. Cantwell’s got some men with him because it’s dangerous for him to move around Charlottesville,” Woodard told Judge Cheryl Higgins. When Cantwell entered circuit court that day, he was accompanied by an entourage that included Woodard, the attorney’s assistant and former Identity Evropa leader Eli Mosley.

Because Cantwell has such a high profile, Woodard said he expects a mob scene at each hearing—like the one at Unite the Right organizer Jason Kessler’s August 13 press conference, where he was tackled to the ground and rescued by police.

The attorney told the judge before he and the suited men entered the building, they hid in the general district court “because we’re vulnerable.” He apparently scanned the vicinity before leading the group from one courthouse into the other. “My assistant, his job is to look behind me,” Woodard added.

Aside from this reporter and one man waiting for his own hearing, no one was outside the courthouses. “Who are those guys?” the man asked after Cantwell and his apparent security detail entered the building and the door closed behind them.

Among the entourage was Gregory Conte, who identifies himself in his Twitter bio as a Tyr 1 Security employee and the director of operations at the National Policy Institute, Richard Spencer’s white nationalist think tank based in Alexandria.

Conte formed the security company with his partner, Brian Brathovd, who is reportedly Spencer’s bodyguard. Conte never entered the courtroom, but stayed in the lobby where he appeared to be guarding a black box full of cell phones, which are prohibited inside.

In court, Woodard noted several instances of what he called “prejudice and excitement” from the local community, including press coverage from NBC29 and WINA and a publication he called “Charlottesville Today.”

He said the cars of alt-right members who came to support Cantwell at his November 9 preliminary hearing were towed. The cars were parked in a private church lot, and sources say the church had the vehicles removed.

“I used a transport service so my car can’t be traced,” Woodard said. He alleged that a woman tried to smuggle a steak knife into one of another client’s hearings in Charlottesville General District Court, and she told deputies the metal detector was beeping because she had a hip replacement.

For the second time that week in Albemarle Circuit Court, an attorney expressed worry about “sleeper activists” who could sit on the jury with the intention of convicting his client.

The day before Cantwell’s hearing, Kessler’s attorney expressed the same concern. The judge denied Kessler’s motion to move his trial out of Albemarle, and she did the same for the so-called “Crying Nazi,” who was given that name after he posted a tearful video to the web before turning himself in to Lynchburg police in August.

“Well, first of all, I’m not a Nazi,” Cantwell said in a jail interview in September. “I came down [to Charlottesville] because I think that I fucking have rights and that I don’t deserve my fucking race to be exterminated from the planet. Not everybody who’s skeptical of Jews is a fucking socialist, okay?”

Judge Higgins also denied his attorney’s request for a special prosecutor for the three-day trial, though Woodard explained that he may want to call Commonwealth’s Attorney Robert Tracci as a witness, resulting in a mistrial and “a very, very, very upset judge.”

Depending on the answers from witnesses Emily Gorcenski and Kristopher Goad—who originally made statements that Cantwell sprayed them with pepper spray on August 11—Woodard said he’d like to question Tracci about some of their previous testimony.

Legal expert David Heilberg says calling the commonwealth’s attorney as a witness “is extremely rare and it might be a ploy to disqualify the prosecutor.”

“I find it is too speculative,” said Higgins as she denied the motion.

However, she did grant a final motion to amend Cantwell’s bond to allow him to go anywhere within the undisclosed Virginia city where he currently resides.

After the hearing, Christian Picciolini waited on the courthouse steps for Cantwell to exit and called out to Cantwell that he just wanted to talk.

“You have my phone number, loser,” Cantwell spat back at him.

Piccolini was recruited to join the Chicago Area Skinheads, America’s first group of neo-Nazis, at the age of 14.

“I used to be just like him,” Picciolini says, but he disassociated himself from the movement in 1996. “I started to receive compassion 30 years ago from the people I least deserved it from.”

Christian Picciolini Staff photo

The Chicago man, who is the co-founder of a nonprofit called Life After Hate, says he wants to sit down with Cantwell and offer him the same support that helped changed his ideologies.

He adds, “Nobody’s born with a swastika flag under his pillow.”

 

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Militia madness: City files suit against August 12 participants

The Institute for Constitutional Advocacy and Protection lawsuit hopes to keep "unlawful paramilitary activity," like that seen on August 12, out of Charlottesville. Photo by Eze Amos

 

Exactly two months after the summer’s Unite the Right white nationalist rally that left three dead and many injured, a legal group has filed an unprecedented complaint on behalf of Charlottesville, local businesses and neighborhood associations that could prohibit “unlawful paramilitary activity” in the city.

Lawyers with the University of Georgetown Law School’s Institute for Constitutional Advocacy and Protection claim the independent militiamen and women, many carrying “60 to 80 pounds of combat gear,” such as semi-automatic assault rifles slung over their shoulders, made tensions boil at what some have called the largest gathering of white supremacists in recent history.

“Regardless of ideology, the presence of these private armies, whether armed with assault rifles or bats, batons or clubs, significantly heightens the possibility of violence, as we saw on August 12,” said Mary McCord, an attorney with Georgetown Law’s ICAP, who filed the complaint which is, as she says, “seeking to ensure that the streets do not become battlefields for those who organize and engage in paramilitary activity.”

According to the complaint, rally organizers, including homegrown Jason Kessler, solicited private militias to attend the rally, held group-wide planning calls and circulated an instructional document called “General Orders.”

“All the while, attendees encouraged one another to ‘prepare for war,’” according to ICAP.

Named defendants in the lawsuit include Kessler and Identity Evropa CEO Eli Mosley, white nationalist groups Traditionalist Worker Party, Vanguard America, League of the South, and the National Socialist Movement, and private militia groups Pennsylvania Light Foot Militia, New York LIght Foot Militia, Virginia Minutemen Militia, American Freedom Keepers, American Warrior Revolution, Redneck Revolt and the Socialist Rifle Association.

Kessler and the Pennsylvania Light Foot Militia did not immediately respond to interview requests.

“It’s a unique lawsuit,” says Rutherford Institute founder John Whitehead, who has represented far-right and far-left defendants for 40 years. “There are some real complications.”

According to Virginia law, “the military should be under strict subordination to, and governed by, the civil power,” but Whitehead points to the 2008 Supreme Court decision of District of Columbia v. Heller, in which justices voted 5-4 that the Second Amendment protects an individual’s right to carry weapons unconnected with service in a militia. He says the definition of “militia” under Virginia law is vague, and several groups named in the suit do not identify as militia groups.

The 75-page complaint is a culmination of investigations, including interviews with residents and bystanders, hours of footage, hundreds of photos and thousands of social media posts, McCord said outside Charlottesville Circuit Court after her group and members of City Council filed the suit.

“The investigation uncovered overwhelming evidence, much of which has only become available after August 12, of planning by alt-right groups to engage in the very type of militaristic violence that resulted,” McCord says. “They have vowed to come back, as have the self-professed militia purporting to be peacekeepers.”

Michie Hamlett attorneys Lee Livingston and Kyle NcNew will serve as the local counsel for the suit. Livingston reminded those outside the courthouse of the terror the city faced that day.

“August 12 is a tragic story now—a part of the lives of all Charlottesvillians,” he says. “A street we walk to restaurants, where we enjoy life with our neighbors, on that street, our neighbors were plowed over by a car. The images of bodies being smashed by that car will never leave us. A park where we celebrate festivals became a scene of medieval squad maneuvers, people struck down, people bleeding. We fear that a dark chapter was opened in our nation’s history on our doorstep, a chapter many had thought was closed in the 20th century.”

He said he hopes the suit will provide public servants “who protect the peace” a tool to prevent private armies from returning to the area, protect those who use Emancipation Park and the surrounding area from the “intimidating, unregulated soldiers,” and allow the community to come together, “in at least a small step, to reduce what feels like a dark turn of our story.”

Added Mayor Mike Signer, “I support [the lawsuit] as a stand against the disintegration of our democracy, and as a call for us to put a firm close to this horrible chapter in our democracy where people think it’s okay to parade in military outfits in public, to openly threaten violence against other people, to fire weapons into crowds, to beat people in public and to use a car as a weapon.”