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General: Pentagon Hesitated on Sending Guard to Capitol Riot

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Commanding General District of Columbia National Guard Major General William J. Walker testifies before a Senate Committee on Homeland Security and Governmental Affairs and Senate Committee on Rules and Administration joint hearing examining the January 6, attack on the U.S. Capitol, Wednesday, March 3, 2021, in Washington. (Shawn Thew/Pool via /AP)

WASHINGTON (AP) — Defense Department leaders placed unusual restrictions on the National Guard for the day of the Capitol riot and delayed sending help for hours despite an urgent plea from police for reinforcement, according to testimony Wednesday that added to the finger-pointing about the government response.

Maj. Gen. William Walker, commanding general of the District of Columbia National Guard, told senators that the then-chief of the Capitol Police requested military support in a “voice cracking with emotion” in a 1:49 p.m. call as rioters began pushing toward the Capitol. Walker said he immediately relayed the request to the Army but did not learn until after 5 p.m. that the Defense Department had approved it. Guard troops who had been waiting on buses were then rushed to the Capitol, arriving in 18 minutes, Walker said.

The hourslong delay cost the National Guard precious minutes in the early hours of the Jan. 6 rioting, with Walker saying he could have gotten personnel into the building within 20 minutes of getting approval. As it stood, the support did not happen until the evening. The delay also stood in contrast to the swift authorization for National Guard deployment that Walker said was granted in response to the civil unrest that roiled Washington last June as an outgrowth of racial justice protests.

A senior Pentagon official who testified, Robert Salesses, said then-acting Defense Secretary Chris Miller wanted to take time to understand precisely how National Guard troops would be used at the Capitol and what assignments they would be given. Mindful of criticism that the response to the demonstrations last spring was heavy-handed, military officials were also concerned about the optics of a substantial National Guard presence at the Capitol, and thought such visuals could inflame the rioters, Walker said.

“The Army senior leadership” expressed “that it would not be their best military advice to have uniformed Guardsmen on the Capitol,” Walker said.

The Senate hearing was the latest in a series dedicated to the government’s preparations and response as a mob of then-President Donald Trump’s supporters laid siege to the Capitol. Taken together, the hearings have spelled out the challenge law enforcement officials face in sorting through an ocean of unverified tips but also highlighted how police inadequately prepared for the Trump loyalists; that FBI warnings about the threat of violence did not reach top police officials; and that requests for aid were not promptly answered.

“Anytime there’s an attack, we in the FBI want to bat 1,000, and we want to not ever have this happen again,” said Jill Sanborn, the bureau’s top counterterrorism official and one of the witnesses. “So we’re asking ourselves exactly the questions that you’re asking: Is there a place that we could have collected more (intelligence)? Is there something we could have done?”

Meanwhile, the Capitol Police disclosed the existence of intelligence of a “possible plot” by a militia group to breach the Capitol on Thursday. The revelation, coming as the acting police chief was testifying before a House subcommittee, differed from an earlier advisory from the House sergeant-at-arms that said police had no indication that any such violence was planned.

Much of the focus at Wednesday’s hearing was on communications between the National Guard and the Defense Department. Walker, for instance, described what he said were “unusual” directives he was asked to follow, including needing approval to relocate troops from one traffic control point to another.

As chaos escalated on Jan. 6, then-Capitol Police Chief Steven Sund asked him for National Guard help in a frantic call and then again on a call with Army officials, who said they did not “think that it looked good” to have a military presence.

“The response to the request took too long, so I think there needs to be a study done to make sure that never happens again,” Walker said. “It shouldn’t take three hours to get a “yes” or “no” answer to an urgent request.”

That account was consistent with the recollection of Robert Contee, the acting chief of police for the Metropolitan Police Department, who told lawmakers last week that he was “stunned” by the delayed response. Contee said Sund pleaded with Army officials to deploy National Guard troops as the rioting escalated.

Walker’s testimony, however, conflicts a bit with timelines that were put out and discussed by senior military and defense leaders in the weeks after the riot.

According to the Defense Department, Walker was called at 3 p.m. by Army officials, and was told to prepare Guard troops to deploy. That call was designed to give the Guard notice of the impending deployment so they would have time to move troops from their traffic posts to the armory where they would get new orders, protective equipment and weapons.

The Pentagon said Miller, the acting Defense secretary, gave verbal authorization for the Guard troops to deploy at about 4:30 p.m., and that at 5:02 p.m., 154 members of the D.C. Guard left the armory, heading to the Capitol.

The Capitol Police had also indicated days earlier that they would not seek National Guard help, and in letters to Walker, District of Columbia Mayor Muriel Bowser laid out the city’s request for help and made it clear there would be restrictions on the Guard members.

Sen. Roy Blunt, R-Mo., said during a break in the hearing that senators “certainly will have questions” for Miller and for former Army Secretary Ryan McCarthy.

“Whether that’s going to require testimony or not, I don’t know, but it’s definitely going to require an opportunity to ask them questions about their view, from their perspective, of why this decision-making process went so horribly wrong,” Blunt said.

At last week’s hearing, officials in charge of Capitol security blamed one another as well as federal law enforcement for their own lack of preparation as hundreds of rioters descended on the building, easily breached the security perimeter and eventually broke into the Capitol. Five people died as a result of the rioting.

Thousands of National Guard troops are still patrolling the fenced-in Capitol, and multiple committees across Congress are investigating Jan. 6. The probes are largely focused on security missteps and the origins of the extremism that led hundreds of Trump supporters to break through the doors and windows of the Capitol, hunt for lawmakers and temporarily stop the counting of electoral votes.

Lawmakers have grilled law enforcement officials about missed intelligence ahead of the attack, including a report from an FBI field office in Virginia that warned of online posts foreshadowing a “war” in Washington. Sund has said he was unaware of the report at the time, even though the FBI had circulated it to others in the department.

Testifying before the Senate Judiciary Committee on Tuesday, FBI Director Christopher Wray said the report was disseminated through the FBI’s joint terrorism task force, discussed at a command post and posted on an internet portal available to law enforcement agencies.

Though the information was raw and unverified, Wray said, it was specific and concerning enough that “the smartest thing to do, the most prudent thing to do, was just push it to the people who needed to get it.”

Black lives

Former Louisville Cop Pleads Guilty in Breonna Taylor Case

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FILE - This undated file photo provided by Taylor family attorney Sam Aguiar shows Breonna Taylor in Louisville, Ky. Taylor, a 26-year-old Black woman, was fatally shot by police in her Louisville, Ky., apartment in March 2020. A former Louisville police detective who helped write the warrant that led to the deadly police raid at Taylor's apartment has pleaded guilty to a federal conspiracy charge. (Courtesy of Taylor Family attorney Sam Aguiar via AP, File)

LOUISVILLE, Ky. (AP) — A former Louisville police detective who helped falsify the warrant that led to the deadly police raid at Breonna Taylor’s apartment has pleaded guilty to a federal conspiracy charge.

Federal investigators said Kelly Goodlett added a false line to the warrant and later conspired with another detective to create a cover story when Taylor’s March 13, 2020, shooting death by police began gaining national attention.

Taylor, a 26-year-old Black woman, was shot to death by officers who knocked down her door while executing a drug search warrant. Taylor’s boyfriend fired a shot that hit one of the officers as they came through the door and they returned fire, striking Taylor multiple times.

Goodlett, 35, appeared in a federal courtroom in Louisville on Tuesday afternoon and admitted to conspiring with another Louisville police officer to falsify the warrant. Goodlett briefly answered several questions from federal judge Rebecca Jennings Grady.

Taylor’s mother, Tamika Palmer, was in the courtroom Tuesday but did not speak after the proceedings.

Three former Louisville officers were indicted on criminal civil rights charges earlier this month by a federal grand jury. Goodlett was not indicted, but charged in a federal information filing, which likely means the former detective is cooperating with investigators.

Goodlett will be sentenced Nov. 22. Grady said there may be “extenuating circumstances” that may move the court to push back the sentencing date. Part of the plea hearing was also kept under seal and was not discussed in open court Tuesday. She faces up to five years in prison for the conviction.

She resigned from the department Aug. 5, a day after U.S. Attorney General Merrick Garland announced new federal charges in the Taylor case.

Former officers Joshua Jaynes and Kyle Meany were indicted on charges related to the warrant used to search Taylor’s home. A third former officer, Brett Hankison, was charged with using excessive force when he retreated from Taylor’s door, turned a corner and fired 10 shots into the side of her two-bedroom apartment. He was acquitted by a jury on similar state charges earlier this year. Jaynes, Meany and Hankison have all been fired.

The three former officers face a maximum sentence of life in prison if convicted on the civil rights charges.

Federal prosecutors said in court records that Jaynes, who drew up the Taylor warrant, had claimed to Goodlett days before the warrant was served that he had “verified” from a postal inspector that a suspected drug dealer was receiving packages at Taylor’s apartment. But Goodlett knew this was false and told Jaynes the warrant did not yet have enough information connecting Taylor to criminal activity, prosecutors said. She added a paragraph saying the suspected drug dealer, Jamarcus Glover, was using Taylor’s apartment as his current address, according to the court records.

Two months later, when the Taylor shooting was attracting national headlines, the postal inspector told a media outlet he had not verified packages for Glover were going to Taylor’s apartment. Jaynes and Goodlett then met in Jaynes’ garage to “get on the same page” before Jaynes talked to investigators about the Taylor warrant, court records said.

They decided to say Sgt. John Mattingly, who is identified in the court records as J.M., told them Glover was receiving packages at Taylor’s home, according to prosecutors. Mattingly was shot in the leg during the raid at Taylor’s apartment.

Meany, who signed off on the Taylor warrant and was still a Louisville police sergeant when he was indicted on Aug. 4, was fired by Louisville Police Chief Erika Shields on Friday.

Shields said in a statement that Meany has not yet had his case heard by a jury, but “he is facing multiple federal charges after a lengthy investigation by the DOJ” and should not “expect continued employment under such conditions.”

Hankison was the only officer charged who was on the scene the night of the killing.

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Crime

Lawyer’s Group Text Causes 2nd Florida Murder Case Mistrial

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FORT LAUDERDALE, Fla. (AP) — A prosecutor in a murder case complained about a judge’s ruling in a group text message that included the judge, resulting in a second mistrial for a man charged with killing his girlfriend’s young son. Now the defense wants the case dismissed altogether.

Broward County Judge Peter Holden refused to allow a 911 call as evidence against Corey Gorden, who is accused of killing the 3-year-old in 2015 and returning him in his car seat to his mother as if nothing had happened.

Assistant State Attorney Katya Palmiotto then sent a text complaining about the ruling to a group of current and former homicide prosecutors, the South Florida SunSentinel reported.

“Holden just sustained their objection and wouldn’t let us put the 911 call in as hearsay,” she wrote.

As a former homicide prosecutor who was appointed to the bench in 2018, the judge remained in the group chat. And lawyers are prohibited in criminal cases from talking with the judge if the defendant’s lawyers are not present.

Defense lawyer Michael Gottlieb filed for mistrial on Wednesday, saying in a summary that the 15-year veteran prosecutor had been overheard saying she messed up “real bad.”

“The judge was visibly upset and appeared angry,” Gottlieb wrote.

Holden grilled the prosecutor about the text message before declaring a mistrial.

In May, another judge declared a mistrial when prosecutors asked a witness about Gorden’s refusal to give a statement. Criminal trial jurors are not permitted to consider the defendants silence as proof of guilt.

Holden has not set a hearing on Gottlieb’s motion to dismiss the case.

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Crime

Uvalde Schools Look to Fire Chief Arredondo After Shooting

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FILE - Uvalde School Police Chief Pete Arredondo, third from left, stands during a news conference outside of the Robb Elementary school in Uvalde, Texas Thursday, May 26, 2022. The district’s superintendent said Wednesday, June 22 that Arredondo has been put on leave following allegations that he erred in his response to a mass shooting at an elementary school that left 19 students and two teachers dead. (AP Photo/Dario Lopez-Mills, File)

UVALDE, Texas (AP) — Facing massive public pressure, Uvalde’s top school official has recommended the firing of the school district police chief who was central to the botched law enforcement response to the elementary school shooting nearly two months ago that killed two teachers and 19 students.

The South Texas city’s school board announced Wednesday that it will consider firing Chief Pete Arredondo at a special meeting Saturday. Arredondo has been accused by state officials of making several critical mistakes during the May 24 mass shooting at Robb Elementary School.

School officials have previously resisted calls to fire Arredondo. The announcement comes two days after a meeting where the school board members were lambasted for more than three hours by members of the public, who accused them of not implementing basic security at Robb, of not being transparent about what happened and of failing to hold Arredondo to account for his actions.

 

 

Confronted with parents’ vociferous demands to fire Arredondo and warnings that his job would be next, Superintendent Hal Harrell said Monday that the police chief was a contract employee who could not be fired at will. The agenda for Saturday’s meeting includes the board discussing the potential firing with its lawyer.

Arredondo, who has been on leave from the district since June 22, has faced blistering criticism since the massacre, most notably for not ordering officers to immediately breach the classroom where an 18-year-old gunman carried out the attack. If fired, Arredondo would become the first officer ousted from his job following the deadliest Texas school shooting in history.

 

 

Although nearly 400 officers from various agencies were involved in the police response that took more than an hour to confront and kill the shooter, Arredondo is one of only two known to have faced discipline. His attorney did not immediately respond to requests for comment.

The move to potentially fire the chief follows the release of a damning 80-page report by a Texas House committee that blamed all levels of law enforcement for a slow and chaotic response. The report found that 376 law enforcement officers massed at the school, with more than half coming from state and federal agencies, but that they “failed to adhere to their active shooter training, and they failed to prioritize saving innocent lives over their own safety.”

According to the committee, Arredondo told lawmakers he didn’t consider himself the on-scene commander in charge and that his priority was to protect children in other classrooms. The committee report called that decision a “terrible, tragic mistake.”

Body camera footage released by the Uvalde officials shows Arredondo in the hallway trying multiple sets of keys on other classroom doors, but not the one where the massacre took place. The classroom door could not be locked from the inside, but there is no indication officers tried to open the door while the gunman was inside.

“Our thought was: ‘If he comes out, you know, you eliminate the threat,’ correct?” Arredondo told the committee, according to the report. “And just the thought of other children being in other classrooms, my thought was: ‘We can’t let him come back out. If he comes back out, we take him out, or we eliminate the threat.’”

Arredondo, 50, grew up in Uvalde and spent much of his nearly 30-year career in law enforcement in the city. He took the head police job at the school district in 2020 and was sworn in as a member of the City Council in a closed-door ceremony May 31. He resigned from his council seat July 2.

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