WASHINGTON—An Oath Keeper member testified under subpoena on Oct. 12 at the federal courthouse for the Oath Keepers’ ongoing seditious conspiracy trial that he went to the Capitol on Jan. 6 to assist if things went out of control.
Terry Cummings, 66, who served for 21 years in various classified locations for the Air National Guard, said that the Oath Keepers were present on Jan. 6, 2021, in Washington in case innocent people were hurt and the police wouldn’t intervene.
Cummings joined the Oath Keepers organization in 2020 while living in Florida. He was concerned about what was happening in Oregon, where he was born, with Antifa and Black Lives Matter protests. He described Portland as a beautiful, safe area with festivals, but then Antifa came about. “At some point, people have to stand up.” He was bothered because authorities weren’t doing anything about it.
The idea of coming to D.C. was an opportunity to express his First Amendment rights, said Cummings. He traveled with other Florida Oath Keepers members.
Cummings brought with him an AR-15 but left it at a hotel in Virginia. He said there were a lot of firearms cases. “I haven’t seen so many weapons in one location since I was in the military.” He knew about the Quick Reaction Force based at that hotel but believed they would only use the ammunition in defensive-only circumstances. Cummings testified that he didn’t bring his firearm to Washington because the law didn’t allow him to.
Cummings said the government will return his firearm after the Oath Keepers’ investigation is over. On the prosecutors’ request, he showed his weapon in front of the jury as an exhibit.
On the morning of January 6, 2021, he was at the Ellipse, providing security for VIPs. Cummings and other Oath Keepers had VIP passes which allowed them to stay 20 yards from President Donald Trump. Before Trump finished his speech, Kelly Meggs, a defendant on trial, told them they had to escort a VIP to the Capitol area. Cummings didn’t recall her name, describing her as a Latina woman.
In the meantime, said Cummings, Kelly received a message, “they have breached the Capitol.” Cummings and other Oath Keeper members continued to walk toward the Capitol.
Even though he knew what the word breach meant, he didn’t understand what was going on, testified Cummings; he was looking around the Capitol grounds, observing. He said he saw people trying to climb the walls on the west side, but none of those people were Oath Keepers.
“Was there any conversation to protect the police?” questioned Louis Manzo, a prosecutor. Cummings didn’t recall but said, “if someone was in need of help, we will probably assist.”
Phillip Linder, a defense attorney, asked Cummings if, during his drive from Florida to Washington, he had heard discussions about storming the Capitol on January 6. He said no. Also, Linder questioned if he and other Oath Keepers members started walking faster when Meggs received the message about the Capitol breach. Cummings responded that they were already walking at a fast pace but didn’t increase it when Meggs received the message.
Another defense attorney asked him if he had received instruction from the Oath Keepers to activate the Quick Reaction Force on January 6. Cummings responded no.
The prosecutors displayed Signal messages from Stewart Rhodes to Oath Keepers Florida, a group chat on Signal, which Cummings was a part of. He didn’t recall reading those messages.Cummings has not been charged with a crime.
The U.S. government charged Rhodes, Meggs, and three other defendants on trial with seditious conspiracy, conspiracy to obstruct an official proceeding, aiding and abetting, conspiracy to prevent an officer from discharging any duties, destruction of government property, civil disorder, and tampering with documents.
