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Members of Congress Subpoena Members of Congress

The January 6 Committee just issued subpoenas to five of their colleagues.

Minority Leader Kevin McCarthy was in communication with President Trump before, during, and after the attack on January 6th. Mr. McCarthy was also in communication with other members of the White House staff during the attack and in the days before and after January 6th concerning the events at the Capitol. Mr. McCarthy also claimed to have had a discussion with the President in the immediate aftermath of the attack during which President Trump admitted some culpability for the attack.

Representative Scott Perry was directly involved with efforts to corrupt the Department of Justice and install Jeffrey Clark as acting Attorney General. In addition, Mr. Perry had various communications with the White House about a number of matters relevant to the Select Committee’s investigation, including allegations that Dominion voting machines had been corrupted.

Representative Jim Jordan was in communication with President Trump on January 6th and participated in meetings and discussions throughout late 2020 and early 2021 about strategies for overturning the 2020 election.

Representative Andy Biggs participated in meetings to plan various aspects of January 6th and was involved with plans to bring protestors to Washington for the counting of Electoral College votes. Mr. Biggs was involved in efforts to persuade state officials that the 2020 was stolen. Additionally, former White House personnel identified Mr. Biggs as potentially being involved in an effort to seek a presidential pardon for activities connected with the former President’s efforts to overturn the 2020 presidential election.

Representative Mo Brooks spoke at the rally on January 6th, encouraging rioters to “start taking down names and kicking ass.” In addition, Mr. Brooks has publicly described conversations in which the former President urged him to work to “rescind the election of 2020” and reinstall Mr. Trump as President. The Select Committee also has evidence that Mr. Brooks’s staff met with members of Vice President Pence’s staff before January 6th and conveyed the view that the Vice President does not have authority to unilaterally refuse to count certified electoral votes.

I suspect such a subpoena only conceivably has a chance in hell of working with Kevin McCarthy (or possibly Mo Brooks if he can do it quietly, given how Trump has targeted him). The rest of genuine criminal liability they’d like to use Speech and Debate to dodge.

But this provides a way for the January 6 Committee to package up what evidence they have against these five in such a way as to feed it to DOJ.

Two Months after Insinuating Ali Alexander Should Be Held Responsible for January 6, Jonathan Moseley Claims To Be His Lawyer

Like Mark Meadows and John Eastman before him, Ali Alexander has sued Verizon in an attempt to keep evidence about a coup out of the hands of Congress.

The lawsuit seems significantly intended to provide information to others involved in the coup, both by identifying which texts Alexander shared with Congress and which (by omission) he did not, but also by communicating that everything he did provide to Congress constituted telephony communication. That seems to suggest that Alexander did not share any communications involving Signal, Telegram, or other messaging apps.

On November 24, 2021, Mr. Alexander provided the Select Committee with over one thousand and five hundred (1,500) mobile messages sent and received by him and people he corresponded with. All of these were using his Verizon phone service. Mr. Alexander expressed his concerns to the Select Committee about compromising the privacy rights of uninterested parties, and members of political group(s), and productions that exceeded the scope of H. Res. 503.

More importantly, Alexander provided the Select Committee with a privilege log of his text messages noting where the subject matter of the text was not pertinent to the Committee’s scope of inquiry or otherwise privileged but did not identify the party or the phone number of the sender or recipient of the text unless it was Mr. Alexander.

[snip]

At Alexander’s December 9, 2021 deposition, he testified that he had a few phone conversations with Representative Paul Gosar and no verbal phone conversations with Representatives Andy Biggs or Mo Brooks that he recalls. The Select Committee asked him about all three Members of Congress. Mr. Alexander testified that he had phone conversations with Rep. Brooks’ staff about a “Dear Colleague” letter and how his activists could be helpful. Mr. Alexander believes he exchanged a text message with Rep. Brooks, contents which he provided to the Committee. He also testified that he spoke to Rep. Biggs in person and never by phone, to the best of his recollection. In January, Mr. Alexander held an organizing call where Members of Congress might have been present and some were invited. He doesn’t recall who was in attendance because there was no roll call of attendees because the call was so large.

On January 6, 2021, it was reported that Mr. Alexander had a call with fundraiser Ms. Kimberly Guilfoyle. Mr. Alexander volunteered this information on a radio show that early morning. The Select Committee asked him about this call. He stated that it was a short and pleasant call. Ms. Guilfoyle thanked Mr. Alexander for being a leader on voting rights and creating the “Stop the Steal” movement. The two spoke about the ongoing Georgia election and the GOP primaries that would take place in 2022. The Select Committee seemed satisfied with Alexander’s explanation of that short call.

The more remarkable part of the lawsuit, however, is his legal team.

As I previously noted, Alexander is represented by Paul Kamenar, the lawyer who played a key role in attempting to cover-up Roger Stone’s role in coordinating with Russia in 2016 by delaying the testimony of Stone’s aide, Andrew Miller. Alexander had at least two other lawyers at his deposition last week, including Baron Coleman and Joseph McBride, who recently told Ryan Reilly (in regards to his representation of a different January 6 defendant) that he doesn’t give a shit about spreading bullshit conspiracy theories.

But as HuffPost went into more detail explaining why the idea that Rally Runner was some sort of undercover law enforcement agent was absurd, McBride shifted a bit. He said his job was to defend his client, and he didn’t “need to be right” in everything he claimed.

“If I’m wrong, so be it, bro. I don’t care,” McBride said. “I don’t give a shit about being wrong.”

McBride said he was simply “theorizing things” and “not publishing conclusive findings,” and he said his appearances on Carlson’s show were a part of his effort to combat the narrative being given about his Jan. 6 clients.

“If this guy turns out to be some, some guy who runs around the Cardinals’ stadium with his face painted, then that’s great,” he said. “If that’s the truth, then so be it, and God bless America.”

McBride is not on Alexander’s lawsuit, though Kamenar — Alexander’s Roger Stone cover-up specialist — is (Kamenar cc’ed Coleman on the letter he sent to Verizon alerting him to this suit).

The surprising appearance, however, is from Jonathon Moseley. Moseley currently represents Kelly Meggs — one of the Oath Keepers with ties to Roger Stone — and until Tuesday, also represented Zach Rehl, one of the Proud Boys accused of conspiring with Stone associate Joe Biggs to mastermind an attack that encircled the Capitol and involved Stone associate Alex Jones, using the excuse of permits obtained using covers by Alexander, luring unwitting Trump fans to the East doors just before they opened from inside.

Moseley’s legal promiscuity among these coup plotters is itself notable.

Crazier still is his claim to be representing Alexander just over two months after — back when he was ostensibly representing Rehl — filing a motion suggesting that Alexander (whom he repeatedly called “Ari”), not Rehl, should be the one held accountable for any crimes arising from the riot.

The one person who claims to have been the National Organizer of the “Stop the Steal movement” through events across the country and the “Stop the Steal rally” in Washington, D.C., is Ali Alexander, born Ali Abdul-Razaq Akbar. See Allam, Hannah; Nakhlawi, Razzan (May 16, 2021). “Black, Brown and extremist: Across the far-right spectrum, people of color play a more visible role”. The Washington Post, accessible at: https://www.washingtonpost.com/national-security/minorities-far-right-visiblerole/2021/05/16/e7ba8338-a915-11eb-8c1a-56f0cb4ff3b5_story.html

The mob that stormed the U.S. Capitol on Jan. 6 was overwhelmingly White,1 but the official speaker lineup for the rally that day was more diverse. Vernon Jones, a Black former Georgia state lawmaker, and Katrina Pierson, a Black adviser and former spokeswoman for the Trump campaign, were among the speakers parroting the baseless assertion that the 2020 election was stolen from Trump. Another familiar face was main rally organizer Ali Alexander, born in Texas as Ali Abdul-Razaq Akbar, of mixed Black American and Middle Eastern descent.

Id. (emphasis added).

Ari [sic] Alexander is – as far as Defendant Zachary Rehl knows – entirely innocent of the crimes committed on January 6, 2021. Surely, the FBI is busy identifying and charging those who actually attacked police officers. We are confident that the FBI will complete that important task of bringing to justice those who actually battled with police before silencing parents who are petitioning for the redress of grievances in school board meetings, thus alienating suburban mothers.

However, without undermining Alexander for exercising his rights as a citizen, the one person who CLAIMS credit for organizing the “Stop the Steal” rally and movement including in Washington, D.C. on January 6, 2021, 2 is being basically ignored while Zachary Rehl who DID NOT organize anyone or anything but himself, and tell his friends that he would be there, too, is sitting in a jail cell for things he did not do. Zachary Rehl did not get to see his child being born while being locked up since March. His wife with a newborn is struggling arrange a forbearance on the mortgage on their modest rowhouse.

See, video interview with Ali Alexander, with Jenny Chang, “Ali Alexander on What Will Happen on January 6,” NTD News, December 31, 202[sic], https://www.ntd.com/ali-alexander-on-what-will-happen-on-january-6_547084.html. Ari [sic] Alexander is presented as the “National Organizer of ‘Stop the Steal.’

Without question, some idiots and brawlers also showed up who committed criminal acts of brawling with police, apparently initiated violent assaults on police, and reportedly (though counsel has not seen it directly) there were calls before the rally that were for a variety of violent acts that are not peacefully expressing a message under the First Amendment. [all emphasis Moseley’s]

Even ignoring the overt racism suggesting that one of the few brown people involved in the riot should be the one held accountable for it, Moseley as much as says that Alexander more responsible than Rehl for any violence that happened.

Now, Moseley claims it will badly harm Alexander if Congress learns even just the phone numbers of people Alexander engaged in telephony communications with.

It has long seemed as if there was a concerted effort to ensure certain January 6 defendants receive the kind of representation that might not protect their own interests, but would firewall those they had close ties to. But Moseley’s sudden conversion to representing Alexander strains credulity.

Why I Agreed to Stop Calling Liz Cheney “BabyDick”

I made a vow on Twitter one of these days that I would no longer refer to Liz Cheney as “BabyDick” if she voted for impeachment.

She is going to vote for impeachment — the second Republican House member to announce their vote.

So I’m on my last legs using the term that invokes her protection of her own father for torture. But this seems like an obviously smart strategic position, as I laid out in this thread;

  • Dems need to realize the GOP wants to be purged of Trumpism
  • After Trump lost, Mitch McConnell thought he could make demands as the senior elected GOP
  • That didn’t happen
  • Then Trump lost the GA vote
  • Then Trump almost got Mitch killed
  • That gives Dems an opportunity to demand the purge of insurrectionists like Mo Brooks, Paul Gosar, Andy Biggs, Boebert, Taylor Greene, Madison Cawthorn, Ted Cruz, Josh Hawley, and Tommy Tuberville
  • That means institutional Republicans — like “BabyDick” and McConnell — actually have an incentive to use impeachment to cleanse their party

It’s a small ask for the GOP, because they’d like to get their corporatist party back, thank you.

Liz “BabyDick” Cheney and I will never be friends. But she will have served a key leadership role in this troubled time in providing another path for the Republican party by voting to impeach an authoritarian.

May she help others feel safe in rejecting this scourge.

A Diverse America Votes to Uphold the Constitution; A Largely Male White America Votes to Abrogate It

The House Judiciary Committee just voted to send two articles of impeachment against Donald Trump to the full House.

The entire vote took just minutes. But it said so much about the state of America today.

It will forever be portrayed as a party line vote, with 23 Democrats in favor, and 17 Republicans against. But it was also a tribute to the degree to which polarization in America today pivots on issues of diversity.

The Democrats who voted in favor included 11 women, and 13 Latinx and people of color (Ted Lieu missed the vote recovering from a heart procedure). Three (plus Lieu) are immigrants. One is gay. These Democrats voted to uphold the Constitution a bunch of white men, several of them owners of African-American slaves, wrote hundreds of years ago.

The Republicans who voted against were all white. Just two were women.  These Republicans voted to permit a racist white male President to cheat to get reelected in violation of the rule of law.

This is about a clash between the rising America and the past. And it’s unclear who will win this battle for America. But the stakes are clear.

 

GOP Republicans Stage Brooks Brothers Riot 2.0 to Emasculate Their Own Power of the Purse

Twenty-some Republican Congressmen (and a few women) are staging a repeat Brooks Brother riot to stall the ongoing impeachment proceeding. I’ll post a picture if I find an open source one, but the riot is being led by Matt Gaetz and includes, among others:

  • Minority Whip Steve Scalise
  • Steve King
  • Louie Gohmert
  • Andy Biggs
  • Bradley Byrne
  • Mark Walker
  • Mo Brooks
  • Debbie Lesko
  • Alex Mooney
  • Michael Waltz

Some of the members stormed into the House SCIF with their cell phones, which is a violation of strict rules and may degrade the effectiveness of the SCIF. Reportedly, Republican Mike Conaway of Texas has started collecting the electronics of his colleagues.

The riot has delayed the testimony of Deputy Assistant Secretary of Defense Laura Cooper.

That’s significant–symbolic even. That’s because Cooper is expected to testify on DOD’s response to Trump’s illegal refusal to withhold funds duly appropriated by Congress.

House panels leading the impeachment inquiry are set to hear Wednesday from a Pentagon official responsible for policy toward Ukraine, who is expected to testify about the delay in nearly $400 million in security assistance to the country.

Laura Cooper, deputy assistant secretary of defense for Russia, Ukraine, and Eurasia, will be the first Defense Department official to testify before investigators, who have largely heard from State Department officials so far in the investigation. Ms. Cooper arrived at the Capitol on Wednesday morning.

The hold on the aid to Ukraine is at the center of the House’s impeachment inquiry into whether President Trump conditioned the funding for Ukraine on his request to Ukranian President Volodymyr Zelensky that Ukraine investigate former Vice President Joe Biden, and his son, Hunter Biden, as well as alleged Ukrainian interference in the 2016 U.S. election.

The White House’s hold on military aid to Ukraine this summer set off alarms at the Pentagon, according to people familiar with the matter. Ms. Cooper’s exact role in the Defense Department’s effort to push back on the hold on the money, which was ultimately released in mid-September, isn’t known.

After the White House communicated the hold to the Defense and State Departments in July, the Pentagon conducted an internal review of the legality of the hold, according to three people familiar with the matter. Pentagon officials argued that the administration couldn’t block money approved by Congress, delivering their analysis to career White House budget office officials at a July meeting, according to two of the people and another person familiar with the matter.

In short, a bunch of Republican Congressmen (and a handful of women) are staging a faux riot in order to prevent DOD from telling Congress how the White House prevented them from following the law that prohibits the White House from withholding funds without a good reason that they share with Congress.

As I’ve said, even these people’s former colleague, Chief of Staff Mick Mulvaney, has admitted this is a crime.

I know this entire inquiry has stirred up a lot of partisan bickering. But it is stunning that Republicans in Congress, including Minority Whip Steve Scalise, are so desperate to protect Trump that they are trying to prevent Congress from asserting its power of the purse.

There could be no more symbolic self-emasculation than this faux riot. And yet, these members of Congress apparently are willing to trade away their own power like this.

Update: According to a press release released yesterday, here’s who was part of the Brooks Brothers The Farce. Those marked with asterisks are on committees conducting the inquiry, so they’re basically complaining about a process they’re a part of. Those marked with checks were around in 2017 and voted for a rule holding that such protests on the House floor (to say nothing of inside HPSCI’s SCIF) were a violation of House Rules.

  1. Matt Gaetz√
  2. Steve Scalise√
  3. Brian Babin√
  4. Andy Biggs√
  5. Mo Brooks√
  6. Ken Buck√*
  7. Bradley Byrne
  8. Buddy Carter√
  9. Ben Cline
  10. Jeff Duncan√
  11. Drew Ferguson√
  12. Russ Fulcher
  13. Louie Gohmert√
  14. Paul Gosar√*
  15. Mark Green*
  16. Vicky Hartzler√
  17. Kevin Hern
  18. Jody Hice√*
  19. Duncan Hunter√
  20. Bill Johnson√
  21. Jim Jordan√*
  22. Fred Keller*
  23. Steve King√
  24. Debbie Lesko
  25. Carol Miller*
  26. Alex Mooney√
  27. Markwayne Mullin√
  28. Ralph Norman*
  29. Mark Walker√
  30. Mark Meadows√*
  31. Greg Murphy
  32. Peter Olson√
  33. Gary Palmer√
  34. Scott Perry√*
  35. David Rouzer√
  36. Ross Spano
  37. Michael Waltz
  38. Steve Watkins
  39. Randy Weber√
  40. Ron Wright*
  41. Lee Zeldin√*

Also note that the rules Adam Schiff is using for this inquiry are similar to the rules that Mark Meadows used for the investigation of the Russian investigation that he, Gaetz,  Jordan, and Gowdy did last year.

Update: Fixed the gender references as there are a few women who participated.

The Worm Turns: Neither Devin Nunes Nor Ron DeSantis (Thus Far) Support Jim Jordan’s Impeachment Bid

As I laid out a few weeks ago, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post.

I was in DC when Mark Meadows and Jim Jordan rolled out articles of impeachment against Rod Rosenstein. As a number of people have noted, the articles themselves are batshit crazy, calling over-redaction subsequently corrected a high crime and misdemeanor.

And some of the articles would require a time machine to prove, such as holding Rosenstein responsible for a FISA application submitted when he was merely the US Attorney for MD with no role in the investigation.

But something else is even more interesting to me.

The original press release included the names of 6 congressmen, in addition to Mark Meadows and Jim Jordan, who co-sponsored the articles HR 1028:

  1. Mark Meadows
  2. Jim Jordan
  3. Andy Biggs
  4. Scott Perry
  5. Paul “Dentists Read Body Language” Gosar
  6. Jody Hice
  7. Matt Gaetz
  8. Scott DesJarlais

And while the other three congressmen who joined as co-sponsors seemed a lot more sheepish about signing on, the following me also joined:

  1. John Duncan
  2. Louie Gohmert
  3. Bill Posey

By mid-morning yesterday, in the face of opposition from Paul Ryan and citing some deal with Bob Goodlatte, Meadows and Jordan admitted defeat. Shortly thereafter, Jordan announced a bid to be Speaker, with support from Meadows.

Apparently this morning, the following men signed on:

  1. Tom Massie
  2. Ted Yoho
  3. Ralph Norman
  4. Duncan Hunter

We’re two days into this effort, and thus far, two names are conspicuously absent: Devin Nunes (who has admittedly refrained from officially participating in some of the batshittery to — apparently — limit his legal exposure) and Ron DeSantis, who has spent the last seven months leading efforts to discredit Mueller’s investigation.

While I was in DC, a Republican admitted to me that this was just about ginning up votes and predicted that the House is done meeting until November — meaning Rosenstein should be safe from Congressional tampering until then.

If so, DeSantis’ non-participation in this stunt is telling. He’s running for governor with the vocal support of President Trump.

Indeed, DeSantis currently has a healthy lead against Adam Putnam in the GOP primary, with the primary date a month away, August 28, largely due to Trump’s support.

DeSantis is also one of the people who most obviously benefitted from Russian interference in 2016.

That Ron DeSantis has not (yet) signed onto this stunt suggests he’s not sure that, in a month (or perhaps in three, in the general), having done so will benefit his electoral chances to be governor.

So apparently Jim Jordan (facing sexual assault cover-up charges) and Duncan Hunter (facing even more serious legal troubles) think it’s a smart idea to go all-in on supporting Trump. But Ron DeSantis does not.