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A New Emphasis on Threats of Violence in the Latest January 6 Conspiracy Indictment

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emptywheel
The Three Percenter conspiracy has the same goal as all the other militia conspiracies, but was charged differently. By doing so, the government may be trying to hold people accountable for the violence they incited while standing on a rally stage.
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How Don McGahn Distracted the NYTimes from the Subpoenas Known To Be Problematic

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emptywheel
The NYT has a key update on the HPSCI subpoenas, which is that the investigation was targeting a committee staffer, not Adam Schiff. But instead of focusing on that, Don McGahn got the NYT to instead spend 17 paragraphs speculating wildly about why he was subpoenaed in 2018.
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Ending American Erasure

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Rayne
Reject the erasure of Americans who aren't white and accept the truth of this nation's history.
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"Target:" A Vocabulary Lesson for Adam Schiff

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emptywheel
None of the Attorneys General denying any knowledge of a subpoena "targeting" Adam Schiff are denying that a subpoena obtained records that happened to be from Adam Schiff.
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Carter Page Believed James Wolfe Was Ellen Nakashima's Source Disclosing His FISA Application Less than a Month After the Story

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emptywheel
According to the Statement of Offense to which James Wolfe -- the former Senate Intelligence Committee security official convicted of lying about his contacts with journalists -- allocuted, Carter Page suspected Wolfe was the source for Ellen…
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Wegman and NYT on Judge Katzmann

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bmaz
Judge Robert Katzmann has passed. Jesse Wegman has penned a magnificent tribute to him.
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Some Perspective on the Politicized Leak Investigation Targeting Adam Schiff

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emptywheel
Now that Adam Schiff has learned that "it's just metadata" doesn't rule about abuse of surveillance powers, maybe we can have a broader discussion about how the government uses metadata?
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The Hybrid Hatchet Conspiracy: A Premeditated Plan to Surround the Capitol on January 6

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emptywheel
A Three Percenter January 6 conspiracy indictment released last night has a hybrid form, tying the anti-mask community in Southern California into a network with the Three Percenters. More importantly, it suggests the organizing surrounding the rally on January 5 included a premeditated plan to surround the Capitol on January 6.
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Planes, Trains, and Automobiles: The Metadata of Insurrection

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emptywheel
The arrest affidavit for Kevin Douglas Creek, who is accused of assaulting some police at the January 6 insurrection, reveals just how much metadata traveling to an insurrection can leave for investigators.
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Tea Leaves on the Garland-Monaco DOJ and the Stay in Andrew McCabe's Lawsuit

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emptywheel
One tea leaf to read to determine precisely why Merrick Garland and Lisa Monaco aren't reversing course on Bill Barr's policies more abruptly is the Andrew McCabe lawsuit, which was stayed on Monaco's third day on the job.
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The Gateway Pundit's East Capitol Door Oath Keeper Conspiracy

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emptywheel
The detention motion for Jason Dolan makes a compelling case that he should be detained pre-trial. But it also suggests he invented a story claiming not only that the Oath Keeper stack could not have "broken" into the East door of the Capitol, but also that Marine Major Christopher Warnagiris did something other than know precisely when the door was going to be opened from the inside.
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The Hole in the Senate January 6 Report Created by DOJ's Non-Cooperation

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emptywheel
One excuse DOD made for not deploying the National Guard promptly on January 6 is that there was no federal agency to lead the response. But there was one: DOJ. Only, according to the Senate Report on January 6, DOJ did nothing to prepare.
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Welcome to Lisa Monaco's DOJ, E Jean Carroll Lawsuit Edition

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emptywheel
Lots of observers are asking how Merrick Garland could make such a horrible decision as to sustain DOJ's defense of Trump against the lawsuit brought by E. Jean Carroll. They might be better served by -- finally -- considering what Lisa Monaco's background suggests she will do at DOJ.
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Merrick Garland Agreed He Would Go after January 6 Kingpins, if Evidence Merits

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emptywheel
There continue to be questions about how we'll ever get accountability for January 6 without a January 6 commission to do that work. In an exchange yesterday, for example, Bart Gellman asked what questions we'd most want a January 6 commission…
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On January 6, Look to the Continuances

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emptywheel
One way to get a read of what might happen in the January 6 cases is to track who hasn't been indicted yet.
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Bill Barr Is Not Dick Cheney

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emptywheel
When Bill Barr set out to provide immunity from committing a crime with his Barr memo, he either didn't have the competence or any interest in doing so with the competence that Dick Cheney did with the torture memos.
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Barbara Jones' Special Mastery of Releasing Donald Trump's Lawyers' Crime-Fraud Excepted Communications

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emptywheel
Former US Attorney Rudy Giuliani seems to have missed a detail while trying to protect Donald Trump from the damage a search on Trump's attorney's devices could do when it happened to Michael Cohen in 2018. An SDNY filter team cannot share attorney-client communications to which a crime-fraud exception clearly applies. A Special Master can. And Barbara Jones, acting as Special Master in such a situation, already has.
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Accused Terrorist* Leader Ethan Nordean Complains He Got Charged with Trespassing

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emptywheel
Ethan Nordean says that his entire indictment, up to and including his trespassing charge, must be dismissed because he had no way of knowing Mike Pence would be accompanied by the Secret Service.
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