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January 6 Defendant Kevin Creek Ends Up with a Single Assault Charge

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emptywheel
There's some indication that DOJ is letting cooperative January 6 defendants plead down from felony counts. Kevin Creek, whose alleged "multiple assaults" and civil disorder charge became a single assault charge after he provided "substantial cooperation" is the latest example.
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After Describing DOJ's January 6 Language as "Schizophrenic," Judge Beryl Howell Imposes a Sound Baseline Sentence

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emptywheel
Beryl Howell is absolutely right that the misdemeanor pleas she is seeing don't reflect the gravity of the language DOJ is using to describe the January 6 insurrection. But that may not fully account for how the pieces fit together.
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Merrick Garland Assures Sheldon Whitehouse the January 6 Investigators Are Using All Investigative Techniques, Including Following the Money

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emptywheel
When Sheldon Whitehouse asked Merrick Garland whether DOJ was following the funders of the January 6 riot yesterday, Garland replied that DOJ was using all the techniques that Whitehouse would have used from his time as a US Attorney, and then some.

The Julian Assange Question: True Claims about Prison Conditions or Lies in Service of Martyrdom?

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emptywheel
Julian Assange has real arguments to make about US prisons. Instead, he has told a bunch of lies to make someone accused of hacking a martyr of journalism.
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What Lies Beneath the Turf

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Rayne
Why is it only after the August 2021 election of a new Westchester County district attorney took office was the possibility of tax and insurance fraud finally investigated? Why are 10 other courses going unexamined?
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DOJ Claims Ryan Samsel Wants to Move Back to Where He Was Brutally Assaulted

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emptywheel
Among many fascinating disclosures in a government filing in the Ryan Samsel case, it claims that Samsel wants to be moved back to the jail where he was first assaulted.
[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]
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Paul Nakasone's Concerns about Mike Ellis Hiring Vindicated

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emptywheel
When DOD's General Counsel hired Mike Ellis, Paul Nakasone had some concerns based off his interaction over the John Bolton book. Then, in the days after January 6, two security incidents involving Ellis vindicated those concerns.

Why I'm Angry At David Brooks

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Ed Walker
Brooks and his audience reject the system that creates knowledge.
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Merrick Garland's Dodges on Investigating Former Presidents

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emptywheel
Eric Swalwell tried to grill Attorney General Garland on whether DOJ would reconsider the OLC memo holding that a sitting President cannot be indicted. Garland dodged answering any specific question. But along the way he laid out some principles that he might apply regarding the investigation of a former President. 
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Merrick Garland Explains that the January 6 Investigation Isn't Taking All that Long

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emptywheel
In an exchange with Pramila Jayapal today, Merrick Garland explained that the January 6 investigation actually isn't taking that long.
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John Durham Admits He Overstated Evidence in His Michael Sussmann Materiality Statement

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emptywheel
In response to Michael Sussmann's motion for a Bill of Particulars, John Durham effectively admitted that he has no evidence Sussmann himself coordinated directly with the Clinton Campaign before (he alleges) lying to hide coordination with the Clinton
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Ryan Grim's "Gibberish" about Co-Conspirator Statements

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emptywheel
In an attempt to defend a hoax about Siggi Thordarson's purported retraction of his testimony against Julian Assange, Ryan Grim called a key legal concept "gibberish."
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"Civil War Started:" Zach Rehl's Blow-by-Blow of the Riot

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emptywheel
In Zach Rehl's blow-by-blow of the riot, he described the breach of the Capitol as a civil war.
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Schrödinger's Capitol: Three Things Owen Shroyer Neglects to Mention

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emptywheel
In a motion to dismiss accusing the FBI of misleading the court, Owen Shroyer lies about the circumstances that led Alex Jones and him to lure hundreds of people to the East side of the Capitol only to inflame them with chants of "1776."
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Andrew McCabe Got His Pension and His Cufflinks -- But Is that Adequate Recourse for the Country?

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emptywheel
DOJ settled Andrew McCabe's lawsuit yesterday. By doing so, DOJ will bury key details of how Donald Trump politicized DOJ.
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Jenny Cudd's Pre- and Post-Riot Endorsement of a Revolution

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emptywheel
New language in Jenny Cudd's statement of offense shows that, before she went to the riot on January 6, she stated she was "all for" a revolution. After she returned, she bragged that she had been present "when the new revolution started."
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Marina Medvin's Client Signs a Plea with the Potential of a Terrorism Enhancement

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emptywheel
January 6 defense attorney Marina Medvin spends lots of time accusing people of being terrorists on Twitter. It's an interesting habit for an attorney whose client, yesterday, pled guilty to a plea agreement that reserves the right to ask for a terrorist enhancement at sentencing.
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Royce Lamberth Refers DC Jail to DOJ for Civil Rights Investigation

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emptywheel
Royce Lamberth referred the DC jail for investigation based on its lassitude in helping Christopher Worrell medical treatment.
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Brandon Fellows Demands Positive Reinforcement as an Accused Criminal, Before Confessing to More Crimes

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emptywheel
By using his bond reconsideration hearing to lay out a bunch of transparent excuses about his own actions, Brandon Fellows exhibited for Trump appointed judge Trevor McFadden how much bullshit and false victimization January 6 defendants are spewing.
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What is the appropriate sanction for a "pawn" who participated in a coup attempt?

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emptywheel
Defense Attorney Heather Shaner argues that probation is a better way to deal with "pawns" whom coup plotters exploited as part of their coup attempt. She may not have the answer, but she's asking the right question.
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