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A Taxonomy of the [Visible] January 6 "Crime Scene" Investigation

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emptywheel
DOJ seems close to rolling out more details of the plot, seemingly led at the Capitol by the Proud Boys, to overrun the Capitol. Whether it can get from there to those who incited such acts remains to be seen.
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Adventures in Cut-and-Paste: John Durham says, “no specific client” is the same as, "not doing this for any client"

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emptywheel
John Durham accused Michael Sussmann, to whom he has given fragments of fragments of Brady material, of cherry-picking.
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Citing "Considerable Detail" in Affidavits, Judge Denies Bid to Unseal Project Veritas Warrants

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emptywheel
One reason the warrant affidavits targeting Project Veritas won't be unsealed is because "not all of that conduct" of Project Veritas employees, "may be criminal."
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John Durham Wants Permission to Delay Providing Evidence of How Weak His Michael Sussmann Case Is

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emptywheel
John Durham has already stalled over two months to provide Michael Sussmann evidence that shows his case against him is weak. And according to details about a scheduling dispute Sussmann made public yesterday, Durham would like permission to continue stalling on providing that evidence.
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How One CCTV Camera Was Rendered Ineffective Over Two Hours on January 6

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emptywheel
A screen cap in the arrest affidavit for Josiah Kenyon makes clear why the Capitol Police have resisted widespread release of surveillance video from January 6. Over the course of two hours, liquids thrown inside the Tunnel and the change of light with the setting sun made the video almost useless for capturing Kenyon's alleged crime on video.
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Rudy's Phones Defy Guarantees We'd Know of an Investigation into Trump

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emptywheel
We know just two things about the search of Rudy's phones that has been going on since April. First, if there is evidence of crimes on Rudy's 16 devices, DOJ will have a way of getting to it. And we would not have anyway of knowing that they had.
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Release the Kraken!! Two Degrees of Donald Trump at the East Doors

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emptywheel
One of the guys Ethan Nordean recruited to stand "on the front line" with him on January 6 played a key role in breaching the East side of the building.
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The Executive Privilege Puzzle: The Co-Equal Branch of Government

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emptywheel
The parallel investigations by Congress and DOJ provide a way for Joe Biden to waive Executive Privilege without learning details about DOJ's investigation.
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Ten Things TV Lawyers Can Do Rather than Whinging about Merrick Garland

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emptywheel
In the face of Republicans' unrelenting attack on democracy, expert commentators who support democracy have a choice: They can defend the rule of law and shame those who have denigrated it, or they can spend their time complaining about the guy trying, however imperfectly, to defend it himself. The latter will make Garland less able to do his job, the former will help him do whatever he is willing to do.
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237 Days: Cooperation in Criminal Investigations Takes a Long Time

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emptywheel
The government has more cooperating witnesses in the January 6 investigation than they've publicly identified. But it will still take quite some time to learn the fruit of that cooperation.
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How Google's GeoFence Captured "Lions Not Sheep" Lisa Homer

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emptywheel
The story the FBI tells about its investigation into Proud Boy affiliate Lisa Homer (née Boisselle) starts with a Google GeoFence and seems to end in a love story wrapped up inside an insurrection.
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Three Things: A Three-Ring Circus

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Rayne
In Ring 1 a hearing; in Ring 2, a frivolous appeal; in Ring 3, a show of white collar legerdemain. Welcome to the American circus.
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The Publisher of the Steele Dossier, Ben Smith, Reports that the Hunter Biden Laptop Was Just a Political Dirty Trick

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emptywheel
In a piece talking about disinformation other than the Steele dossier, Ben Smith seems really sanguine that he can tell political dirty tricks from disinformation.
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Hillary's Candidate Briefing Was More Contentious than Mike Flynn's

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emptywheel
Since DOJ's IG revealed that the FBI briefer who attended the first Trump briefing was also part of the Mike Flynn investigative team, Republicans have complained about how badly he was treated. According to the CIA official history, Hillary seems to have been the one treated as a suspect.
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Where to Look (or Not) for Signs of Life in Rule of Law

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emptywheel
Those with a platform would be better off defending the rule of law -- selling independents and moderate Republicans on the import of the January 6 investigation -- than whining that the investigation is not proceeding quickly enough.
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Sting Ray: Project Veritas' Schrodinger's Proxy

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emptywheel
Project Veritas and one of its former staffers can't seem to agree when they first learned about Ashley Biden's diary.
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CTDT: Critical Turkey Day Theory

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Rayne
Thanks to you all for sharing this holiday with us, and every day as community members at emptywheel.
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Parallel Tracks: Project Veritas Served on Their Subpoena Stance

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emptywheel
Project Veritas' claims that they're being investigated for journalism would be a lot more convincing if they hadn't played games with an offer to share information for the investigation.
Photo: Pavan Trikutam via Unsplash
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Burners, Burning: The Heat's Turned up on Mark Meadows [UPDATE-1]

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Rayne
Sending someone who isn't a Kremer to buy a burner phone with cash to evade tracing suggests Kylie Kremer knew exactly what the role of her organization, Women to Save America First, was within the framework of the insurrection. Bet Meadows knows this
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The Disinformation that Got Told: Michael Cohen Was, in Fact, Hiding Secret Communications with the Kremlin

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emptywheel
If the dossier was significantly disinformation, then all Americans were victims of it. It turned a legitimate concern about real Russian interference into American elections into one of the biggest sources of political polarization in recent history. As such, disinformation injected into the dossier should increasingly be treated as central part of the 2016 Russian influence operation -- perhaps its most successful and lasting part.
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