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"I Started the Fire:" DOJ Reveals Another Missed Advance Warning about January 6

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emptywheel
In December, one of Guy Reffitt's family members alerted FBI that the Three Percenter was threatening members of Congress. Yet the FBI claims it had no warning of threats to Congress before the Norfolk Memo.
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Thomas Caldwell's "Storming the Castle" Ploy Succeeds

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emptywheel
Judge Amit Mehta ordered Thomas Caldwell be released on bail today. He did so because Caldwell's lawyer succeeded in pretending that Caldwell was charged with conspiring to storm the Capitol, rather than charged with conspiring to prevent the vote count.

An Inventory of the January 6 Investigation on Merrick Garland's First Day

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emptywheel
A filing in the Oath Keeper conspiracy provides a sense of what the January 6 investigation looks like on Merrick Garland's first full day.
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GoToInsurrection and Other Astounding Oath Keeper Social Media Habits

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emptywheel
With the kind of database the FBI must have put together on the Oath Keepers given their promiscuous use of social media, they are at this point picking and choosing who to focus on.
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On Merrick Garland's Confirmation

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bmaz
Merrick Garland being confirmed is excellent news. But he is not the savior you may be looking for. Yet, a positive and stabilizing step.
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Arrest First, Learn about Right Wing Terrorism Later

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emptywheel
Christopher Wray admitted the other day that the FBI is only coming to understand right wing militias behind the January 6 attack as they arrest and then continue to investigate them.
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FBI Seems Confident in the Granularity of Their Capitol Cell Tower Dumps

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emptywheel
The FBI appears to be relying more heavily on the cell tower dumps it obtained at the beginning of the January 6 investigation, which suggests a fair degree of confidence that the cell tower dumps pinpoint who was actually in the Capitol.
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FBI Had an Open Investigation into a QAnon Cultist Predicting World War 3 before January 6

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emptywheel
Assistant Director Jill Sanborn could only think of one person the FBI already had under investigation who had been arrested by last week. That's particularly damning given that one of three people who was on the FBI radar is almost the only January 6 defendant with an Arab name.
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FBI and DHS Aren't Using the Free Expertise on Right Wing Terrorism While Looking to Pay for It

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emptywheel
On Wednesday, a DHS witness responded to Mark Warner's suggestion that DHS and FBI avail themselves of experts on right wing extremism by explaining the agency is looking to contract for such skills. On Friday, HuffPo published its second story about FBI failing to act on open source tips about January 6 culprits.
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On January 12, UK Granted Exception to Rule of Specialty in Minh Quang Pham Case

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emptywheel
In January, the UK agreed to an exception to the Rule of Specialty in the case against Minh Quang Pham.
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Insurrection Inciters Ted Cruz and Josh Hawley Only Want the Violent January 6 Criminals Prosecuted

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emptywheel
Both Ted Cruz and Josh Hawley are already working to undermine any investigation into non-violent action that contributed to the insurrection on January 6.
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Chain of Command: The AWOL Descriptions of the Commander in Chief's Role in the National Guard Non-Response on January 6

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emptywheel
DOD's selected witness for a Homeland Security hearing on January 6 yesterday said that DC Guard Commander General William Walker couldn't send the Guard to help protect the Capitol because of the chain of command. But the Commander-in-Chief seems to be AWOL from that chain of command.
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Federal Protective Services Looking for Terrorists on Facebook, Not TheDonald or Parler

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emptywheel
Federal Protective Services was figuring out how to prepare for January 6 by monitoring Facebook, not Parler or TheDonald.
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The Passport and the Antifa Hunt: The Militia Counter-Stories Emerge

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emptywheel
Ethan Nordean and Thomas Caldwell are both telling stories. Neither of the stories rebuts the central charges against them.
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Josh Hawley Shocked and Alarmed to Discover the FBI Would Follow the Money behind Right Wing Terrorists

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emptywheel
The January 6 insurrection happened on social media. And yet Josh Hawley seems shocked that, more than 270 arrests into the investigation of that insurrection, the FBI might have spoken to the social media companies and, pursuant to legal process, obtained evidence from them.
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Journalists May Be Most at Risk (as Described) from a Presumed January 6 GeoFence Warrant

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emptywheel
The innocent bystanders most significantly impacted from a likely geofence warrant obtained from Google in conjunction with the January 6 riot are most likely journalists, because they had legal reason to be present but may not, yet, be excluded from investigative databases.
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Oath Keepers Learn the Hard Way: Don't Plan an Insurrection on Facebook

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emptywheel
Two of the Oath Keeper co-conspirators, Thomas Caldwell and Graydon Young, tried to delete the Facebook records of their plans for insurrection. It didn't work.

Beryl Howell Takes an Early Swipe at the Trump Made-Me-Do-It Defense and Other Detention Standards

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emptywheel
In an opinion ordering pre-trial detention for Proud Boy William Chrestman, Chief DC Judge Beryl Howell lays out a framework that the DC District judges might use to establish some consistency in they way they review detention decisions -- including the claim that Trump invited defendants to break the law.
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