1. Something odd is going on in the McGahan House subpoena saga. McGahn says Biden DOJ agrees to delay the En Banc argument (a big deal) scheduled for Feb 23. The House objects. Link to the filings. timinhonolulu.com/2021/02/17/1-s…
2. It sounds odd for @TheJusticeDept that McGahn's attorney refers to the Biden justice department to be working on a settlement. All presidents seek to protect their privileges but to protect the secrets of a former administration so steeped in criminality just sounds wrong.
3. So is there something else going on here? What else could it be? First, this is late in the day to ask for this. The En Banc is not the three judge panel we have in ordinary arguments it's a large number of the entire circuit. Logistically it's a big deal and appellate
4. courts apply a very high standard. So ordinarily, opposed as this is, I would expect it to be denied. If it's granted, I would then expect that something big may be up and though I'm sure that there have been discussions about resolution, it may not be the only, or the real
5. reason. McGahn touched some pretty nasty stuff in the Whitehouse. IMO based on my investigation of the Russian infiltration in 2015 and 2016, he was the center of a large criminal conspiracy that may have infected not only the Trump campaign but also the entire GOP especially
6. the Senate races that are the same election cycle that McConnell is trying to protect for 2022. All that would seem like a big stretch, even for me, but something else also happened today in @SDNYnews. The court just sua sponte ruled to continue sentencing of Natale Edwards.
7. She's the FinCEN manager who was charged for leaking SARS to @BuzzFeed. The complaint that was originally filed then superseded to be unrecognizable, but that original complaint had evidence that the June 9, 2016 Trump Tower meeting was immediately followed by "bursts" of
8. Russian money. So, if the Court of appeals just says "Okay" to McGahn, I think the game may be afoot.
9. Just checked the docket and the DC Circuit has not ruled on the motion to delay argument.
10. Still no order. If my theory is right the motions judges won't be able to just send an email to the panel to get their input. If it's a grand jury matter, with the Russians in the comms, they'll have to do it in person.

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More from @TimInHonolulu

19 Feb
1. DC Circuit on McGahn Motion

PER CURIAM ORDER, En Banc, [1886083] filed granting appellant's motion to postpone oral argument. The Clerk is directed to remove this case from the February 23, 2021 oral argument calendar.
2. It is FURTHER ORDERED that this case be rescheduled for oral argument on April 27, 2021, at 9:30 a.m. before Chief Judge Srinivasan and Circuit Judges Rogers, Tatel, Millett, Pillard, Wilkins, and Walker. The allocation of oral argument time established by the court’s order
3. filed February 16, 2021, remains in effect. It is FURTHER ORDERED that by March 25, 2021, appellant file a status report advising the court of the progress of the parties’ discussions. Before Judges: Srinivasan, Henderson*, Rogers, Tatel, Garland*, Millett, Pillard, Wilkins,
Read 4 tweets
18 Feb
1. Remember, the 911 commission was after the attack and all but a few of the conspirators were dead. We have over 100 conspirators in the @HouseGOP and 47 in @SenateGOP. The ones that can be proven to have violated 18 USC 2383 must be charged immediately and held pending
2. trial. Here's what justifies charge:

"Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto. . ."

These sedition monsters gave "aid and comfort to"
3. the Creature's attack. Charge them all. Hold them all pending trial in the DC lock up. If convicted they are automatically removed from office under the statute. Or they can all resign, and we can move on to other targets. But if they remain, they can and must be charged.
Read 6 tweets
17 Feb
Not really a joke. I still think it's more likely than not that Trump is a federal grand jury target for the insurrection and Mueller investigation's 10 obstructions. Parscale will be easy pickings because he likely took money & bet he didn't report it. Rule 6(e) doesn't cover
witnesses. So, if Parscale has been called, he can talk to Trump but doing it is really dumb and often leads to obstruction charges. Cutting the cord with Rudy is what any competent criminal defense attorney would advise.
Read 5 tweets
14 Feb
1. @MSNBC is likely to go through a week of uninformed talking-heads attacking the House Managers. I'm shutting it off. Trump can be charged. Anyone who is selling the idea that he won't be, without any basis, is pushing their own big lie.
2. Prosecutors swear to defend the Constitution from ALL enemies, foreign and domestic and Donald J. Trump and his @SenateGOP & @HouseGOP January 6th conspirators are DOMESTIC ENEMIES who must be brought to justice. We must not accept any outcome where Trump is not charged.
3. He and the insurrectionist #GQP Congress represent a clear and present danger to the survival of the Republic. Over 30 states can charge Trump with levying war Treason. In the meantime, those of the public who want to do something constructive rather than engage in cable
Read 9 tweets
13 Feb
1. In other news, @NRA Bankruptcy case may be one place not having an AG in place may impact because the United States Trustee has to take a position on dismissal but more importantly on appointment of a Trustee who they'll supervise. Here are some of the allegations
2. of NRA wrongdoing. More than half the motion is directed at appointment of a Chapter 11 Trustee.
3. This is my area of practice. They need to show the debtor can't be trusted.
Read 5 tweets

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