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,
4. Katsas*, Rao* and Walker. [19-5331] (Circuit Judges Henderson, Garland, Katsas, and Rao did not participate in this matter) [Entered: 02/18/2021 06:39 PM]
NB Katsas and Rao may be teed up in Trump-Russia Gate. Garland may have to prosecute them.
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1. This is old news. In 2017, I spotted that Flynn and Trump were likely violating US anti-proliferation laws in 2016. IMO it's why they were listening to Flynn's calls. It triggers FISA. apnews.com/article/ec3299…
2. I did a long thread that laid out the criminal case citing relevant sections of the US Code. Only this little fragment is still on Twitter. I didn't delete it.
3. Trump's Flynn pardon referred to secret section of Mueller's remit I think was this criminal operation. If it was, Flynn can't take the 5th and has to give up Trump. i think it also involved both Bannon and Kushner who met the Emirati Crown Prince at Trump Tower with Flynn.
1. This is how a West Virginia Democrat survives & without Manchin, we lose the majority. I wondered from the announcement if Neera Tanden was meant to draw fire. I respect her and want her in the tent but know in an evenly divided Senate a lightning rod is hard to confirm.
2. And as @TheDemocrats rush to vilify @JoeManchinWV, I might suggest that he may be taking one for the team of other Democrats who were having second thoughts. Sausage making is nasty business. But Manchin, like him or not, knows how to make sausage. @RonaldKlain
3. Mark Kelly and Rapheal Warnock are both running again in 2022 and will have a tough row to hoe in red states. Maggie Hassen and Catherine Cortez-Masto are also on the cusp. So Joe takes our fire and they can all avoid a vote that might give McConnell back the majority.
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.
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
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.
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