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SCOTUS blocking of vaccine mandate ‘a setback for public health’: Vivek Murthy

January 17, 2022 by WDNY Radio

(WASHINGTON) — The Supreme Court’s decision to block the Biden administration’s vaccine-or-test requirement for large private businesses is a “setback for public health,” United States Surgeon General Vivek Murthy told This Week co-anchor Martha Raddatz on Sunday.

“The news about the workplace requirement being blocked was very disappointing, Martha. It was a setback for public health. Because what these requirements ultimately are helpful for is not just protecting the community at large but making our workplaces safer for workers as well as for customers,” Murthy said.

Raddatz reminded Murthy that before the omicron surge, he had said on This Week that the mandate “was necessary and appropriate.”

“So, what is plan B?” Raddatz pressed.

Murthy did not outline an explicit alternate plan but noted, “there is nothing that stops workplaces from voluntarily putting reasonable requirements in place.”

“Many have done so already,” he said. “A third of the Fortune 100 companies have put these in place and many more outside have, so we are certainly encouraging companies to put these requirements in place voluntarily.”

Some large companies, however, are changing their plans based on the decision. General Electric confirmed to ABC News last week that it would stop implementing a planned vaccine mandate after the Supreme Court ruling.

But Columbia Sportswear said in a statement that it is “disappointed in [Thursday’s] Supreme Court ruling” because it would mean the company would have to deal “with a thicket of conflicting state and local regulations.”

Murthy’s comments come as President Joe Biden’s administration continues to ramp up efforts to stop the spread of the highly transmissible omicron variant of the coronavirus.

Senior White House officials said on Friday the administration will launch a new website Wednesday for requesting free at-home rapid COVID tests.

Raddatz pressed the surgeon general on the time it has taken to ramp up the availability of testing in the United States.

“Dr. Murthy, I know what you’re doing now, but the question is, why wasn’t it done sooner?” she asked. “You say you always hold out hope, but you plan for the worst. It doesn’t sound like that happened.”

“Well, there was planning, Martha, and there was execution on increasing the supply of tests,” Murthy responded, and the omicron variant of the virus created “an extraordinary increase in demand, Martha, even beyond the incredible increase in supply that we had procured and secured during 2021. And so we have to close that gap.”

Noting the high number of breakthrough infections amid the omicron surge, Raddatz asked Murthy what percent positive U.S. COVID cases, which are at record levels, are among the vaccinated or boosted.

While he didn’t have a percentage breakdown for the current caseload, Murthy said being vaccinated and boosted vastly increases protection from symptomatic infection.

“What we’ve seen from our data, from the United States and from other countries, is that if you are vaccinated and boosted, your level of protection against symptomatic infection is in the around 75 to 80% range,” he said. “So that’s not 100%; it still means that they’re about, is about 20% of possibility there in terms of positive cases, despite being, despite being vaccinated, compared to an unvaccinated population… that still shows a very strong efficacy overall against preventing symptomatic disease.”

British police arrest two teens in probe of hostage-taking incident at Texas synagogue

January 17, 2022 by WDNY Radio

(LONDON) — Two teenagers have been arrested in England as part of an ongoing investigation into Saturday’s hostage-taking incident at a synagogue in the United States, British authorities said.

The pair were detained in southern Manchester on Sunday evening and “remain in custody for questioning,” according to a statement from the Greater Manchester Police.

The arrests were made in connection with a 10-hour standoff between American authorities and a hostage-taker at the Congregation Beth Israel in Colleyville, Texas, about 27 miles northwest of Dallas. An armed man claiming to have planted bombs in the synagogue interrupted Shabbat services on Saturday just before noon local time, taking a rabbi and three other people hostage, according to Colleyville Police Chief Michael Miller.

One hostage was released uninjured at around 5 p.m. CT. An elite hostage rescue team from the Federal Bureau of Investigation breached the synagogue at about 9 p.m. local time and rescued the remaining hostages, Miller told a press conference Saturday night. The suspect, identified by the FBI as 44-year-old British citizen Malik Faisal Akram, died in a “shooting incident,” according to Miller and FBI Dallas Special Agent in Charge Matt DeSarno, neither of who provided further details.

Multiple law enforcement sources told ABC News that the initial indication is that Akram was shot and killed by the FBI team. The FBI said in a statement Sunday that its Shooting Incident Review Team “will conduct a thorough, factual, and objective investigation of the events.”

A motive for the incident is under investigation.

Assistant Chief Constable Dominic Scally of the Greater Manchester Police said in a statement Sunday that counterterrorism officers are assisting their U.S. counterparts in the probe. Akram was from the Blackburn area of Lancashire, about 20 miles northwest of Manchester, according to Scally.

During the negotiations with law enforcement, Akram “spoke repeatedly about a convicted terrorist who is serving an 86-year prison sentence in the United States on terrorisms charges,” the FBI said in a statement Sunday.

“This is a terrorism-related matter, in which the Jewish community was targeted, and is being investigated by the Joint Terrorism Task Force,” the agency added. “Preventing acts of terrorism and violence is the number one priority of the FBI. Due to the continuing investigation we are unable to provide more details at this time.”

Multiple law enforcement sources told ABC News that the suspect was demanding the release of Aafia Siddiqui, who is incarcerated at Carswell Air Force Base near Fort Worth, about 16 miles southwest of Colleyville. Siddiqui, who has alleged ties to al-Qaida, was sentenced to 86 years in prison after being convicted of assault as well as attempted murder of an American soldier in 2010.

President Joe Biden told reporters Sunday that he was briefed on the incident at the Texas synagogue by Attorney General Merrick Garland. Biden said the suspect had only been in the country for a couple of weeks and spent at least one night in a homeless shelter. The man was armed with a gun, which he allegedly purchased on the street, when he entered the synagogue, but investigators have found no evidence that he was in possession of explosives, according to Biden.

“This was an act of terror,” Biden said.

ABC News’ Luke Barr, Meredith Deliso, Bill Hutchinson, Aaron Katersky and Josh Margolin contributed to this report.

North Korea launches fourth missile test in two weeks

January 17, 2022 by WDNY Radio

(SEOUL, South Korea) — North Korea fired two short-range ballistic missiles toward the East Sea Monday morning, its fourth test in less than a month.

“South Korea’s military detected two projectiles believed to be short-range ballistic missiles launched into the East Sea to the northeast from the Sunan Airfield in Pyongyang, North Korea, around 08:50 a.m. and 08:54 a.m.,” South Korea’s joint chiefs of staff told reporters Monday.

The missiles traveled about 236 miles and reached an altitude of about 26 miles, said South Korea’s military, which was analyzing details of the launch.

It was the fourth missile launch this year, following two self-claimed hypersonic missile tests on Jan. 5 and Jan. 11 and last Friday’s short-range ballistic missile that the secluded regime’s state news agency, KCNA, claimed was launched from a rail car.

Pyongyang’s consecutive showcases of its military capabilities came as the United States discussed sanctions on North Korea’s nuclear program.

“North Korea probably believes they pulled out a response from the U.S. by firing hypersonic missiles in the new year because the U.S. acted with new sanctions,” Moon Keun-sik, a military expert at the Korea Defense and Security Forum, told ABC News. “North Korea claims that ballistic missile test-launch is a part of the training, but it also acknowledges that their action is a UN violation.”

North Korea has said its weapons development is a rightful act of self-defense. The country blames the U.S. for escalated tensions.

“The DPRK’s recent development of new-type weapon was just part of its efforts for modernizing its national defense capability. Nevertheless, the U.S. is intentionally escalating the situation even with the activation of independent sanctions, not content with referring the DPRK’s just activity to the UN Security Council,” KCNA said on Friday, citing North Korea’s Foreign Ministry spokesperson.

North Korea expressed open discontent about the sanctions imposed last Wednesday on North Korean individuals and entities who support the country’s ballistic-missile program.

“We could say that the situation has escalated as the United States took out the sanctions card in response to North Korea’s recent missile test launch,” Kim Yong-hyun, professor of North Korean studies at Seoul-based Dongguk University, told ABC News. “Through missile experiments, Kim Jong Un intends to highlight North Korea’s presence while the United States is mainly taking care of Ukraine issues, and at the same time maintain solidarity among their people.”

Some experts saw the recent tests as planned drills on North Korea’s side. Kim Jong Un announced at the 8th Party Congress in January 2021 that the country planned to strengthen its weapon systems, including hypersonic missiles.

“Pyongyang’s missile tests will take rounds and rounds for the next three years, not mainly intended to send a political message, which is only part of the motivation,” Bong Young-shik of Yonsei University told ABC News. “It would be a mistaken belief to think that the North Korea military can be bought out with massive immediate concessions because North Korea is moving on its own schedule by military capability.”

Analysts in South Korea agreed that North Korea was following its own schedule to ramp up military capabilities in a time when there’s a slim chance of negotiating with other countries in person.

“North Korea is in the direction of enhancing the technical completeness of their missile program and knocking on the United States, trying to persuade them they should reach out to North Korea in any way,” Kim told ABC News.

It isn’t the first time North Korea has scaled up in its weapons experiments. Back in 2019, North Korea fired over 20 short-range ballistic missiles between May and November.

ABC News’ Chae Young Oh contributed to this report.

Clyburn asks senators ‘which side are you on?’ for voting rights

January 17, 2022 by WDNY Radio

(WASHINGTON) — Rep. Jim Clyburn, D-S.C., on Sunday asked his colleagues in the Senate who are set to vote on voting rights legislation Tuesday: “Which side are you on?” referencing the iconic union organizing song often sung during the civil rights era.

“You know, this is Martin Luther King Jr.’s weekend. I first met Martin Luther King Jr. back in 1960. And I can remember a song, if you think back, back then, ‘Which Side Are You On?'” the majority whip told ABC This Week co-anchor Martha Raddatz. “That song comes to mind today when I look at these senators. Which side are you on?”

“So let’s have the vote so we can get a definitive answer to the question,” he added.

Despite the House passing voting rights legislation Thursday, the outcome of the effort is still a seemingly foregone conclusion with Sens. Joe Manchin, D-W.V., and Kyrsten Sinema, D-Ariz., opposed to removing the filibuster provision to pave a path for voting rights legislation to pass the Senate.

“Senators Sinema and Manchin have said ‘no’ to changing the filibuster rules. Do you have any hope things might change before Tuesday?” Raddatz asked.

“You know, South Carolinians live, by and large, by our state motto, ‘As I breathe, I hope.’ Yes, I do have hope,” Clyburn said. “I know that these two Democrats have decided that it is much more important to them to protect the voting rights of the minority on the Senate floor than to protect the voting rights of minorities in this great country of ours, this great country, the minorities that made it possible for them to be in the position that they’re currently in. So, I hope, but I don’t think that we will change their mind. But we will see.”

Clyburn told Raddatz he would support overhauling the Electoral Count Act but thinks voting rights is a more pressing issue given the immediacy of the 2022 midterm elections.

With his sinking approval rating at an all-time low, Raddatz pressed Clyburn, a close confidant to Biden, on how the president can turn the current political tide ahead of the midterms this year.

“You’re credited with turning the tide for President Biden in 2020, but as he approaches this one year in office, his poll numbers are at an all-time low. A Quinnipiac poll recently showed a 33 percent job approval rating. How does he turn that around?” Raddatz asked.

“Now, if Joe Biden had quit after he lost those first two races — three races, he would not be where he is today. I tell people all the time, ‘three strikes and you’re out’ is a baseball rule and he — he should not live by baseball rules. He didn’t live by baseball rules then, he’s now the president,” Clyburn responded. “Keep pressing, and we’ll get to where we need to be.”

Biden delivered an impassioned speech on Tuesday, calling for a change to the Senate rules to pass voting rights legislation.

Raddatz asked Clyburn whether Biden’s speech went too far.

“I want to go back to President Joe Biden. He got very serious pushback after his speech on Tuesday,” Raddatz pressed. “Senator Dick Durbin said he took it ‘a little too far’ by comparing current voting restrictions to Jim Crow. Mitch McConnell called Biden ‘profoundly unpresidential’ for this divisive language. So, was that fierce tone counterproductive?”

Clyburn responded, “Absolutely not. I disagree with both of those statements. I know Dick; I like Dick a whole lot. But let me tell you something, that was what Jim Crow was all about.”

Thirty-four new laws that restrict voting rights have been enacted in 19 states across the country in 2021, according to the Brennan Center for Justice.

“These are Jim Crow 2.0. That is one of the strongest points of the president’s speech that I agree with,” he added.

Raddatz also pressed Clyburn on the future of the Democratic Party ahead of the looming midterm election cycle.

“This is what Senator Bernie Sanders told The New York Times as we head into the midterms: ‘I think millions of Americans have become very demoralized. They’re asking what do the Democrats stand for? … Clearly, the current strategy is failing. And we need a major course correction.’ Do you disagree with that?” Raddatz asked.

“Well, I don’t know what he has reference to, but I think they’ll be progressing forward on an agenda. What do we stand for? We stand for the American Rescue Act…. We stand for Build Back Better that we had passed in the House,” Clyburn answered. “It is time for the senators to do what they need to do to get those bills across the finish line.”

“Come on, Senate, step up. Stand to upend rules and get these bills passed,” he added. “Everybody will know what we stand for.”

COVID-19 live updates: Italian police arrest nurse accused of faking shots for anti-vaxxers

January 17, 2022 by WDNY Radio

(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 5.5 million people have died from the disease worldwide, including over 850,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.

About 62.9% of the population in the United States is fully vaccinated against COVID-19, according to data from the Centers for Disease Control and Prevention.

Here’s how the news is developing. All times Eastern:

Jan 17, 4:58 am
Italian police arrest nurse accused of faking shots for anti-vaxxers

Italian police have arrested a nurse accused of pretending to inject COVID-19 vaccines into the arms of anti-vaxxers so they could benefit from vaccination certificates.

Investigators used a hidden camera to capture the nurse working at a vaccination center in Palmero. A clip from the footage, released Saturday by Italy’s State Police, purportedly shows the woman preparing a booster dose of a COVID-19 vaccine and then emptying the syringe into a piece of gauze before pretending to inject it into an individual’s arm. She faces charges of forgery and embezzlement, according to police.

Police said the woman also faked her own booster shot so she could continue working at the vaccination center, in coordination with another nurse who was arrested last December on similar charges. The other nurse is accused of faking COVID-19 vaccinations for 11 people, including a well-known leader of an anti-vaccine movement, according to police.

New restrictions came into force in Italy on Jan. 10, barring people who aren’t fully vaccinated against COVID-19 from accessing restaurants, gyms, swimming pools, theaters, cinemas, sport events and public transport. Unvaccinated individuals who recently recovered from COVID-19 are exempt from the new rule, which will be in force until March 31. The measures were imposed amid a sharp rise in COVID-19 infections across the European country.

Woman killed after pushed onto NYC subway tracks in unprovoked attack, police say

January 15, 2022 by WDNY Radio

(NEW YORK) — A woman died after she was pushed onto the New York City subway tracks and struck by an oncoming train, police said.

The incident occurred around 9:30 a.m. Saturday at the Times Square-42nd Street subway station while she was standing on the southbound R-Q train platform.

A man “suddenly pushed” the victim while she was waiting — an unprovoked attack — New York Police Department Commissioner Keechant Sewell said during a press briefing Saturday, calling the attack an “absolute senseless act of violence.”

Police found the woman under the train with “severe trauma” to her body and she was pronounced dead at the scene, Sewell added.

Authorities identified the victim as a 40-year-old Asian woman and New York City resident. Her name is being withheld pending family notification.

The suspect, who is believed to be homeless and known to authorities, fled the scene but turned himself in a short while later, police said.

NYPD Assistant Chief Jason Wilcox said detectives are working with the Manhattan District Attorney’s Office to determine the charges.

Sewell said they are “investigating all avenues” when asked if hate crime charges were being considered amid increased violence against Asians and Pacific Islanders during the pandemic. Police believe the suspect may have approached another person on the platform who is not Asian right before attacking the victim, she noted.

John “Janno” Lieber, acting chairman of the Metropolitan Transit Authority, called the incident “unacceptable.”

“This is a sad day,” he said at the briefing, held in the train station where the woman died. “A New Yorker was going about her business right in the heart of our city, in the heart of our subway system in Times Square, and she lost her life. This is unconscionable.”

“New Yorkers need a safe system,” he added.

Mayor Eric Adams said the attack highlights the importance of those in crisis receiving mental health services to ensure that the city’s streets “above ground and below ground” are safe.

“We’re going to continue to do everything that’s possible to make our subway system safe,” he said at the briefing, “but again, we’re calling on all of our partners, from lawmakers to law enforcement, VAs to judges, to ensure those who need mental health assistance receive that.”

Armed man takes hostages at Texas synagogue, source says

January 15, 2022 by WDNY Radio

(DALLAS) — A hostage situation is underway at a synagogue in the Dallas-Fort Worth area Saturday, a source on the scene told ABC News.

An armed suspect claiming to have bombs in unknown locations took a rabbi and three others hostage at the Congregation Beth Israel, the source said. It is unclear to what extent the hostage-taker is armed.

The suspect’s sister is a known terrorist who is incarcerated at Carswell Air Force Base near Fort Worth and he is demanding to have the sister freed, according to the source.

There is believed to be one suspect at this time, and the FBI is en route, the source said.

The Colleyville Police Department’s SWAT team responded to the area midday Saturday and evacuated residents in the immediate area.

As of 1:20 p.m. local time, the situation “remains ongoing,” the department said on social media. “We ask that you continue to avoid the area.”

This is a developing story. Please check back for updates.

Migrant’s arrest under ‘Operation Lone Star’ ruled unconstitutional

January 15, 2022 by WDNY Radio

(AUSTIN, Texas) — The arrest of an Ecuadorian migrant under Texas Gov. Greg Abbott’s initiative “Operation Lone Star” was ruled unconstitutional by a Texas county judge Thursday.

Some immigration advocates are hopeful the ruling by Travis County Judge Jan Soifer could potentially set a pathway for other migrants arrested under the controversial program.

Jesús Alberto Guzmán Curipoma, an engineer from Ecuador who hoped to submit a request for asylum, was arrested in September 2021 at a railroad switching yard in Kinney County on a criminal trespassing charge.

Guzmán Curipoma’s attorneys, Angelica Cogliano and Addy Miró, argued that Operation Lone Star violates the Supremacy Clause of the U.S. Constitution which establishes that federal law takes precedence over state laws and therefore prohibits state laws form interfering with immigration enforcement by the federal government. Cogliano told ABC News that her client should have been able to submit a claim for asylum, but was instead arrested and detained for weeks.

The Travis County District Attorney’s Office, which represented the state in the hearing, also agreed that Guzmán Curipoma’s arrest violated the Constitution.

“After careful consideration, the Travis County District Attorney’s Office agreed that Mr. Guzmán Curipoma’s prosecution for criminal trespass as part of Operation Lone Star violates the Supremacy Clause of the United States Constitution and represents an impermissible attempt to intrude on federal immigration policy,” said Travis County District Attorney José Garza in a statement. “In addition, DA’s office concluded that based on the evidence, there were multiple ways in which the OLS program has failed to satisfy basic, fundamental, and procedural state and federal constitutional safeguards.”

Abbott launched Operation Lone Star in March 2021, deploying thousands of National Guardsmen, Texas Department of Public Safety officers, and other state resources to the border and giving them the authority to arrest migrants under suspicion of criminal trespassing on private and state property.

Human rights organizations and the ACLU of Texas have called on the Department of Justice to investigate the program which they say sets up an alternative immigration system, one where migrants are arrested for faulty charges and detained for months without being given the chance to apply for asylum or seek representation. In December 2021, the ACLU of Texas and other civil rights groups filed a complaint with the DOJ and cited cases where migrants were allegedly lured onto private property by law enforcement agents so they could be arrested on trespassing charges.

“Operation Lone Star is a policy whereby they pretextually arrest people that they suspect of being here illegally, which is a fancy legal way of saying people that are brown on the border because there’s no other way for anybody to try and determine if somebody looks like they could be illegal. That’s not a thing you look like,” Cogliano told ABC News “It’s authorizing people to use that as a reason to arrest those people for certain offenses and detain them far longer than any U.S. citizen would be detained for that offense in Texas.”

Kathryn Dyer, a clinical professor at the University of Texas School of Law, testified at the hearing on Thursday and spoke about her experience representing other clients arrested under the program.

“When you start taking away rights and building a separate legal system for people there’s kind of no limit to it. This is concerning for immigrants and non-immigrants alike,” Dyer told ABC News.

At a briefing in November, Texas DPS officials said there have been over 9,300 criminal arrests since Operation Lone Star’s launch.

“These very serious constitutional issues have finally been heard and there’s a judge that thinks that there were constitutional violations such that the case needed to be dismissed,” Dyer said. “I do think that those issues and that ruling could open the door to other challenges.”

A spokesperson for Gov. Abbott told ABC News in a statement that they expect the ruling will be overturned.

“The district court did not have legal authority to enter this flawed and collusive judgment without hearing from the Office of the Attorney General. There is no doubt that this will be overturned,” said Nan Tolson. “In the meantime, Texas will continue to do what the Biden admin refuses to do: stepping up to secure our border and protect Texans from the catastrophic open border policies allowed by President Biden.”

On Friday, Texas Attorney General Ken Paxton said in a Tweet that he’d challenge the ruling.

“Lib Austin judge lets a Soros Travis County DA represent State of TX, then declares Op Lone Star unconstitutional. Ridiculous. Biden has FAILED to secure the border. Texas stepped in. We have the right to defend our border if the feds refuse. I’ll fight this nonsense on appeal,” he tweeted.

Dogecoin rallies after Elon Musk tweet

January 15, 2022 by WDNY Radio

(NEW YORK) — Dogecoin rallied Friday after Tesla CEO Elon Musk tweeted the carmaker would now accept the cryptocurrency as payment for merchandise.

Originally started as joke poking fun at exuberance in the crypto market, Dogecoin surged some 10% by Friday afternoon in the wake of Musk’s early morning tweet.

Musk’s five-word message — “Tesla merch buyable with Dogecoin” — garnered more than 270,000 likes on the platform and sparked a spirited, meme-filled debate in the comments section.

Meanwhile, Tesla’s website for merchandise and accessories (which doesn’t sell its famous electric vehicles) on Friday showed updated checkout buttons next to some of its products for those wanting to pay with Dogecoin. Among products available for purchase with Dogecoin were Tesla’s “Giga Texas Belt Buckle” and its “S3XY Mug.”

For years, the so-called meme coin had been worth less than a penny. After the Musk’s tweet on Friday, it was trading at around 19 cents — a big leap compared with historical lows but still roughly one-third of its record value last May of over 60 cents.

It’s not the first time a Musk tweet has been linked to swings in the crypto market. The price of Bitcoin nosedived last May in the wake of Musk’s Twitter announcement that his company would no longer be accepting Bitcoin as payment due to its ties to fossil fuels — a steep fall that dragged down other popular cryptos at the time as well. This saga came just months after a separate announcement that Tesla would accept Bitcoin as payment was linked to a sharp rally.

He has also long embraced Dogecoin both on Twitter and beyond, appearing as the character of the “Dogefather” during his “Saturday Night Live” appearance last May. In the comedy skit, Musk’s character is repeatedly pressed with the question “What is Dogecoin?” before ultimately admitting it’s “a hustle.”

The billionaire has more than 70 million followers on Twitter and has been known to openly share his opinions in unfiltered ways that have sometimes landed him in court or in hot water with the Securities and Exchange Commission.

Oath Keepers leader makes 1st court appearance following arrest on seditious conspiracy charge

January 15, 2022 by WDNY Radio

(WASHINGTON) — The leader of the Oath Keepers militia group, who was indicted Thursday on a series of charges including seditious conspiracy in connection with the Jan. 6 assault on the U.S. Capitol, made his first appearance before a judge Friday in a federal courtroom in Texas.

Stewart Rhodes, a former Army paratrooper and graduate of Yale Law School, could spend decades behind bars if convicted on all five federal counts he faces — including the most serious seditious conspiracy charge, which carries a maximum sentence of 20 years in prison.

A lawyer for Rhodes told ABC News Friday that the allegations against Rhodes were “lies,” and said that no members of the Oath Keepers ever “planned or conspired to attack the Capitol.”

In his Friday court appearance, Rhodes responded “Yes” when asked by Magistrate Judge Kimberly Priest Johnson if he understood the charges against him. He then waived his right to have the full indictment read aloud.

Prosecutors asked that Rhodes be detained while he is awaiting trial, and the judge set a detention hearing for Jan. 20. Rhodes will remain in custody until then.

The indictment of Rhodes, along with 10 other alleged members of the Oath Keepers, signals a significant escalation in the Justice Department’s sprawling investigation of the Jan. 6, 2021, attack and its prosecution of members of the far-right Oath Keepers militia group, described by prosecutors as a “large but loosely organized collection of individuals” who “explicitly focus on recruiting current and former military, law enforcement, and first-responder personnel.”

Prosecutors allege Rhodes and other Oath Keepers began coordinating as early as just after Election Day “to oppose by force the execution of the laws governing the transfer of presidential power” between outgoing President Donald Trump and incoming President Joe Biden, according to court papers.

While Rhodes himself is not alleged to have entered the Capitol during the attack, prosecutors say he did enter the restricted area surrounding the building and coordinated with Oath Keepers who were part of a military-style “stack” formation seen walking into the building up the east side steps. Prosecutors said in their indictment Thursday that the members of the so-called “stack” were specifically searching for House Speaker Nancy Pelosi, but left after they couldn’t find her.

In their 48-page indictment, investigators chronicled in detail Rhodes’ alleged communications with members of the group over private and encrypted apps, and their alleged accumulation of heavy weaponry and tactical gear that the group is accused of storing just outside Washington at a hotel in Virginia, where on Jan. 6 prosecutors say a so-called “Quick Reaction Force” of militia members waited on standby in case they were called into the city.

Nine of those charged in Thursday’s indictment had been previously charged in connection with the Jan. 6 attack as part of what was already the Justice Department’s largest and most complex conspiracy case tied to the insurrection.

In addition to Rhodes, 63-year-old Edward Vallejo of Arizona was arrested in Phoenix on Thursday and also charged with seditious conspiracy. Vallejo was allegedly part of the “Quick Reaction Force” that was lying in wait at the Virginia hotel.

After the riot, Rhodes and Vallejo allegedly met up at a restaurant where they “celebrated their attack” and discussed “next steps,” according to the indictment. Vallejo allegedly sent a message to a Signal chat group the morning after Jan. 6 where he discussed making a “recon” trip to the Capitol to probe the “defense line” put up by law enforcement in the wake of the attack, court papers said.

Vallejo also made his first appearance before a magistrate judge in Phoenix on Friday afternoon, where a public defender representing him said he plans to plead not guilty to all charges against him. The judge set a detention hearing for next Thursday as the Justice Department seeks to keep Vallejo behind bars pending further legal proceedings in his case.

The deployment of the rarely-used seditious conspiracy charge will pose a major test for the Justice Department in its investigation into the Capitol attack and the prosecution of Rhodes as the founder and self-described leader of the Oath Keepers.

Only days after the Jan. 6 attack, the then-acting U.S. attorney for Washington, D.C., Michael Sherwin, said prosecutors were considering the potential for seditious conspiracy charges against some of the most “heinous acts” that took place at the Capitol. But as the investigation crossed the one-year mark and the number of arrests stretched beyond 700, such charges had yet to materialize, with prosecutors instead opting to bring charges like conspiracy or obstruction of an official proceeding, which similarly carries a maximum sentence of 20 years in prison.

Attorney General Merrick Garland appeared to foreshadow Thursday’s charges last week in a speech marking the one-year anniversary of Jan. 6, when he addressed criticism of the department’s handling of the investigation and the lack of charges to date against the more prominent figures believed to have coordinated the assault on Congress.

“The actions we have taken thus far will not be our last,” Garland said. “The Justice Department remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law — whether they were present that day or were otherwise criminally responsible for the assault on our democracy.”

John Sandweg, a former acting general counsel at the Department of Homeland Security, told ABC News that Thursday’s indictment “confirms that the attack on the Capitol was not just an impulsive act, but was part of a premeditated conspiracy to forcibly steal the levers of power.”

“It also demonstrates that, while much of the focus has been on the prosecution of those on lesser charges related to storming the Capitol, DOJ has been actively investigating the root causes of the attack,” he said. “The question remains how far up the food chain will the rest of the investigation lead, but this indictment significantly ups the ante.”

ABC News’ Juan Renteria, James Scholz and Mireya Villarreal contributed to this report.

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