My greatest concerns next few days:

1) state capitals

2) insider threats from extremists/white supremacists within National Guard, Secret Service, etc.

3) Trump chaos*

* Note however: Tata leaving this past week (@laraseligman); Michael Ellis apparently never made it to NSA
2. On Tata (via Politico’s @laraseligman from Thursday):

“Anthony Tata ... will step down this week, ahead of President-elect Joe Biden’s inauguration, according to three Defense officials.”

politico.com/news/2021/01/1…
3. Update on Michael Ellis

1:49PM Saturday, I tweeted that Ellis had (surprisingly) not made it to the NSA.

6:40PM Scoop by @nakashimae: Acting SecDef Miller orders NSA to install Ellis on Saturday.

washingtonpost.com/national-secur…
4. I have been thinking and concerned about Ellis in positions of power for a long time.

I wrote this in March 2020.👇

"Michael Ellis, a White House lawyer accused of serious ethical misconduct in the Ukraine scandal ..."

justsecurity.org/69012/the-grav…
5. With news of Michael Ellis at NSA (via @nakashimae) it is worth reflecting on the words “Fort Mead” in this document.👇
6. Update:

“Miller ... ordered the head of the NSA to install Michael Ellis as general counsel by 6 p.m., Saturday, but NSA Director Gen. Paul Nakasone did not act by the given deadline, leaving it unclear what Miller or the White House would do.”

cnn.com/2021/01/16/pol…
7. New tidbit and more evidence that this move to install Michael Ellis smells rotten:

Ellis "was one of three finalists, although he did not receive the highest score from the panel evaluating the candidates."

via @julianbarnes @nytmike
nytimes.com/2021/01/17/us/…

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More from @rgoodlaw

14 Jan
#WhereIsWray

"The presence of so many watch-listed individuals in one place — without more robust security measures ... — is another example of the intelligence failures preceding last week’s fatal assault that sent lawmakers running for their lives."

washingtonpost.com/national-secur…
2. #WhereIsWray

@AshaRangappa_: "Perhaps the most notable part of the update was who wasn't giving it. The top officials from Justice and the FBI -- Acting Attorney General Jeffrey Rosen and Director Christopher Wray -- weren't there."

cnn.com/2021/01/13/opi…
3. #WhereIsWray

FBI "didn't produce a bulletin" for Jan. 6 saying "doing so might run afoul of First Amendment free speech protections"

"But...this didn't stop...FBI from issuing intelligence bulletins ahead of mostly peaceful demonstrations" for BLM.

npr.org/2021/01/13/956…
Read 5 tweets
12 Jan
McConnell "has made clear in private discussions that he believes now is the moment to move on the weakened lame duck."

He "has told associates he believes President Trump committed impeachable offenses and that he is pleased that Democrats are moving to impeach him."

NYT
2. Biden asked McConnell if could confirm nominees and hold impeachment trial at same time.

"Far from avoiding the topic of impeaching Mr. Trump, Mr. McConnell said it was a question for the Senate parliamentarian, and promised Mr. Biden a quick answer."

nytimes.com/2021/01/12/us/…
3. Within moments of the news on McConnell

@RepJohnKatko becomes first House Republican to acknowledge he will vote to impeach Trump.

syracuse.com/politics/2021/…
Read 10 tweets
12 Jan
Armed groups plotting against the inauguration and statehouses are propelled by the myth that the election was stolen, and that they're acting in support of Trump.

It is on Republicans in Congress and Trump's circle to immediately and clearly reverse the lies about the election.
2. Aspects of the specific threats outlined in this harrowing overnight report by @MEPFuller are now being corroborated.

huffpost.com/entry/democrat…
3 @ConorLambPA:

"They're talking about 4,000 armed patriots to surround the capitol and prevent any Democrat from going in. They have published rules of engagement. Meaning, when you shoot and when you don't. So this is an organized group that has a plan"
Read 4 tweets
12 Jan
This advisor sounds like a good first-hand witness for the prosecution:

“The president himself was busy enjoying the spectacle. Trump watched with interest, buoyed to see that his supporters were fighting so hard on his behalf, one close adviser said.”

washingtonpost.com/politics/trump…
2. “The Twitter missive was insufficient, and the president had not wanted to include the final instruction to ‘stay peaceful.’”
3. “A small group of aides ... was imploring Trump to speak out against the violence. Meadows’s staff had prompted him to go see the president, with one aide telling the chief of staff before he entered the Oval Office, ‘They are going to kill people.’”
Read 5 tweets
9 Jan
Need answers before Jan. 17.

▪Was DC NatGuard properly resourced?
▪What prevented other state Guards’ deployment?
▪What role did other law enforcement have, why did DC police need play such a critical role?
▪What other assets may have assisted?

justsecurity.org/74121/tragedy-…
2. Where was DHS?

"The secretary of homeland security, for example, possesses broad law enforcement authority to protect the buildings, grounds, and property owned by the federal government."
3. Specific legal authority exists to deploy military forces domestically to protect the @VP.

Why wasn't that used?

Especially when, as @marknevitt writes, "there are thousands of military service members within a short distance of the U.S. Capitol."

👇👇
Read 5 tweets
8 Jan
On Trump’s potential criminal liability for sedition etc, 18 USC 2383-85:

Exhibit 1:

In real time, Republican House Minority Leader McCarthy demanded that Trump release a statement denouncing the mob as they were attacking the Capitol. Initially Trump would not agree.

<thread>
2. "As supporters stormed into the Capitol on Wednesday, Mr. Trump was initially pleased, officials said, and disregarded aides pleading with him to intercede."

NYT's @peterbakernyt @maggieNYT reporting.

(h/t @AshaRangappa_)

3. Evidence for the prosecution:

“Officials said it was Vice President Mike Pence, not President Trump, who approved the order to deploy the DC National Guard. It was unclear why the president…who is still the commander in chief, did not give the order.”
nytimes.com/2021/01/06/us/…
Read 5 tweets

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