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John Durham Is Likely to Supersede the Michael Sussmann Indictment

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emptywheel
Because John Durham did not find his most convincing piece of evidence until months after he indicted Michael Sussmann, it is likely he will supersede the Michael Sussmann indictment before trial.
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The Guy Investigating the Claimed Politicized Hiring of a Special Counsel Insists that the Hiring of a Special Counsel Cannot Be Political

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emptywheel
John Durham says Michael Sussmann should not be allowed to scrutinize the politicized circumstances of his hiring to conduct an investigation into the claimed politicized circumstances of Robert Mueller's hiring.
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John Durham Is Hiding Evidence of Altered Notes

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emptywheel
Just before the Presidential election, DOJ confessed that a misleading date was added to some Peter Strzok notes via a blue sticky note. In a filing in the Sussmann case, Durham submitted a black and white version of what appears to be the same blue sticky notes.
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Michael Sussmann's Lawyers Complain of "Wildly Untimely" Notices from John Durham [Updated, with Confirmation]

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emptywheel
Six weeks before the Michael Sussmann trial, Durham is making a desperate bid to turn it back into the conspiracy he's sure exists.
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Durham Prosecutor Andrew DeFilippis Confirmed to Rodney Joffe He May Continue Indefinitely

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emptywheel
Andrew DeFilippis recently told Rodney Joffe he has no plans to end the Special Counsel investigation until he gets Joffe to testify the way he wants him to.
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The Evidence Needed for a Trump Prosecution

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emptywheel
Because the only admissible proof of the import of Trump's actions on the rioters is what was public, much of the evidence that would be needed to prosecute Trump has already been collected in the course of the January 6 investigation.
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Judge Reggie Walton Ruled Trump's Back-Room Maneuverings Inadmissible for Dustin Thompson's Alleged Obstruction

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emptywheel
In a ruling that Dustin Thompson won't be able to call Donald Trump as a witness to ask about his behind-the-scene plans in advance of January 6, Judge Reggie Walton emphasized that the evidence that matters to obstruction charges is what those obstructing the Capitol understood.
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This Is Not How You Wield Power: Toxic Punditry's Lack of Self Awareness

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Rayne
The real power to which MSNBC's Hasan and Mohyeldin deliberately turned a blind eye wasn't Nancy Pelosi's as House Speaker.
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On Ginni Thomas' Obstruction Exposure and Clarence's Former Clerk, Carl Nichols

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emptywheel
DOJ just filed a motion to reconsider Carl Nichols' opinion rejecting their application of obstruction to the vote certification that amounts to saying, "do you really think it's wise for a former Clarence Thomas clerk to adopt an opinion that is such an outlier on this court?"
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On Enrique Tarrio's Complex Password and Other Reasons the January 6 Investigation Can Now Move to Organizer-Inciters

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emptywheel
It took over a year for DOJ to obtain the contents of the phone they seized from Enrique Tarrio two days before the January 6 attack on the Capitol. That is just one of the things DOJ needed to do before moving onto the Inciter-Organizers behind January 6.
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All the Scheming at the Willard Only Matters because of the Bodies Occupying the Capitol and Threatening Pence

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emptywheel
While Judge David Carter's order finding it likely that Trump obstructed the vote certification has led everyone to embrace that crime, that has not yet led to the realization that the criminal evidence all works backwards from the bodies at the Capitol.

The Right-Wing Plan To Rig SCOTUS

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Ed Walker
Winning isn't everything. It's the only thing for the right wing.
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Four Rudy Giuliani-Related Privilege Reviews: DOJ Likely Already Has a Version of Document 4708

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emptywheel
The lawyer Rudy Giuliani and Steve Bannon share made privilege claims identical to the ones that Judge David Carter just rejected from John Eastman. That makes it likely that DOJ already has a number of the records Eastman was trying to withhold from the January 6 Committee.
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Lisa Monaco Vows, Again, to Hold All January 6 Perpetrators, at Any Level, Accountable

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emptywheel
In a budget presser, Deputy Attorney General Lisa Monaco repeated what Merrick Garland has already said: DOJ will holed perpetrators of the attack, at any level, accountable.
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Before John Durham's Originator-1, There Was a Claimed BGP Hijack

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emptywheel
If a Fancy Bear shits in the DNS woods but there’s no one there to see it, did it really happen? If there's a DOD contract to look for it, then, yes, it probably happened.
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John Eastman's Blank Documents

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emptywheel
Nine percent of the documents John Eastman tried to withhold with a claim they represented his work product for a client were non-susbtantive; three were blank.
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Judge David Carter Confirms Trump Could Be Prosecuted for [A Lower Standard of] Obstruction

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emptywheel
Since August 19, I have been telling TV lawyers that if Trump were to be prosecuted for January 6, it would be for conspiracy to obstruct the vote count. Yesterday, Judge David Carter ruled that it was likely Trump had committed that crime (though he reached that judgement using a lower standard than DOJ would need to meet in four ways).
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The Alfa Bank Dark Net at Noon

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emptywheel
It appears that Alfa Bank totally misunderstood how the NYT got informed about Alfa Bank records posted to the dark web.
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Whinger Verbs: To Investigate ... To Prosecute ... To Indict

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emptywheel
The verbs that those complaining that Merrick Garland is too cowardly to act are designed to be disempowering. None of them treat due process as a process.
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