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Congress versus the Constitution: Merrick Garland's Second Reconstruction

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emptywheel
Merrick Garland will be confirmed without cowing to Republican efforts to equate their own assault on the Constitution with political protest. But such efforts will intensify after he assumes office, particularly if Durham fails to find the crimes that really don't exist and as DOJ gets closer to Trump or members of Congress. 
Pezzola

Dominic Pezzola Guesses Wrong, Gets Labeled a Terrorist for His Troubles

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emptywheel
In a bid to have his bail reconsidered, Proud Boy Domonic Pezzola guessed that a key government witness against him was the guy who recruited him into the Proud Boys. According to the government, Pezzola guess wrong. Along the way, Pezzola gave the government the opportunity to describe his actions as terrorism.

Government Refuses to Let Steve Bannon Sneak Away from His Federal Fraud Indictment

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emptywheel
Last week, Steve Bannon's lawyer attempted to get him struck his Federal indictment with no repercussions. That effort will probably fail.
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A Tale of Two Zip Tie Guys: The Different Fates of Eric Munchel and Larry Brock

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emptywheel
The government is pushing hard to keep one Zip Tie Guy, Eric Munchel, in jail awaiting trial. With the other, retired Colonel Larry Brock, they're already moving towards a plea on trespass charges.
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Government Uses T-Word about the Oath Keepers

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emptywheel
The government has shown Oath Keeper Jessica Watkins planned and trained a cell to fight Joe Biden's government starting even before the election. Watkins herself has now shown that the Secret Service told her to take off her tactical gear when entering a secured area, but put that gear back on to enter a different secured area. The government has now shown she doubled down on her allegiance to the Oath Keepers after the destruction of the insurrection became clear.  We'll see later today whether that's sufficient cause to label someone a terrorist.
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Merrick Garland Is Killing It

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bmaz
The SJC hearing is on the major cable channels and CSPAN. Streaming everywhere too I assume. It is really good viewing, as these things go. Yes, Ted Cruz came across as applicant to replace Sean Hannity. Yes Chris Coons preened for the cameras.…
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Jessica Watkins Defends Herself by Claiming the Armed Militia Parade Was Part of the Plan

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emptywheel
Jessica Watkins says she shouldn't be detained because her trained militia got to the Capitol after its doors had already been badly damaged. But in the process, she admits she was supposed to be the military guard for people attempting to overturn the legitimate results of the election.
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The New Recruits on the Front Line on January 6

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emptywheel
The insurrectionists breached the Capitol with flagpoles and bullhorns. And some of the key players leading that breach were recent recruits to the organized militia leading the way.
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Enrique Tarrio Really Doesn't Want the FBI to Search His Laptop

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emptywheel
Enrique Tarrio's effort to pre-empt any warrant on the laptop seized when he was arrested in January 4 is more interesting given reports that the Feds may open a full investigation into Roger Stone.
Pezzola
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Dominic Pezzola Suspects the FBI's Cooperating Witness Is the Guy Who Recruited Him into the Proud Boys

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emptywheel
Accused Proud Boy Dominic Pezzola made some alarming claims about the witness he says implicated him in violence.
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Stars, Guitars and Gear Trash Talk

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bmaz
Now two weekends post Super Bowl. F1 is quietly gearing up, though there is nothin overly interesting until March 26-28, and it is now somehow in the authoritarian hellhole of Bahrain, where F1 should not even be, instead of Australia. So there…
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Open Thread: NASA's Perseverance Rover Mars Landing

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Rayne
We're waiting now for NASA'S latest Mars rover craft to land on the red planet. What a blast to focus on future-looking science!
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Proud Boys "Cell Leader" William Chrestman Says He's Not Organized Crime, Was Just Acting on Orders

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emptywheel
In a bid to avoid pre-trial detention, alleged Proud Boys "cell leader" William Chrestman argues that his successful obstruction is not like that of organized crime because it came with the sanction of the President.
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Bill Barr Claimed a Threat Meriting a Four Subpoena Investigation Didn't Merit a Sentencing Enhancement

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emptywheel
The fact that prosecutors subpoenaed four Proud Boys after Roger Stone implicated them in a threat against Amy Berman Jackson raises the stakes for Bill Barr's lies about the threat before Congress.
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Three Things: It's Our Lucky Day

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Rayne
Though friends and family in Texas are still desperately miserable, we had an unusually lucky day.
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Sealed Filings: The Serial Arrests of Insurrectionists Peter Stager, Jeffrey Sabol, and Michael Lopatic

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emptywheel
In the case of one of the more visible assaults on a prone officer on January 6, DOJ sealed the charges against two perpetrators until they found the third.
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Bennie Thompson Sues Trump, His Mobsters, and Rudy G under the NAACP Act

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emptywheel
Bennie Thompson just filed the first of what will surely be a number of lawsuits against Trump, for preventing him from doing his duty as a Congressman.
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Roger Stone Denies Palling Around with Alleged Terrorists [on January 6]

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emptywheel
Roger Stone's denials that he had anything to do with the conspiracies pertaining to January 6 for which some Oath Keepers have been charged amounts to a denial he was onsite that day. That says nothing about any earlier activities.
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