Day 1 of Judge Merrick Garland's confirmation hearing to be the next attorney general is now underway before the Senate Judiciary Committee. On Garland's prepared opening remarks:
Notable exchange btwn Sen. Hawley and Garland — Hawley asks if attacking courthouses is domestic extremism/terrorism, re: Portland. Garland draws a line between attacking federal property at night/generally and, in a clear nod to Jan. 6, doing it to stop judges from hearing cases
Cont'd Garland responding to Hawley: "Both are criminal, but one is a core attack on our democratic institutions."
Merrick Garland Pledged To Investigate The Capitol Insurrection From The Rioters On "Up" As Attorney General
buzzfeednews.com/article/zoetil…
Garland had some notable exchanges with Sen. Hawley — he pushed back on Hawley's attempt at comparing the Capitol insurrection to demonstrations in Portland last year, saying the latter involved "serious" crimes but was not the same buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

23 Feb
A hearing is starting soon on the govt's request to keep Capitol insurrection defendant Douglas Jensen in custody — a magistrate judge had granted release.

Jensen is the man seen at the front of the group chasing Officer Eugene Goodman. Govt memo: assets.documentcloud.org/documents/2046… ImageImage
That was fast: Douglas Jensen's lawyer Christopher Davis says they are going to agree to detention for now, and reserve the right to bring it up again if something changes once they get discovery from the government
For the sake of making the record, Judge Timothy Kelly states that he is granting the government's motion for detention as uncontested, but is also briefly explaining why he agrees that the govt satisfied the criteria for arguing for detention given the facts alleged
Read 5 tweets
22 Feb
Just in: SCOTUS has cleared the way for prosecutors in NY to get Trump's tax returns — the court rejected Trump's request to halt lower court rulings that dismissed his challenge to the grand jury subpoena.

Prev from 2nd Circuit: assets.documentcloud.org/documents/7222…
The US Supreme Court will let New York prosecutors enforce a grand jury subpoena for eight years of Trump's tax returns — it was a one-line order with no noted dissents buzzfeednews.com/article/zoetil…
SCOTUS really washed its hair of Trump-related cases today:
- Cleared the way for NY prosecutors to get his tax docs
- Formally refused to hear his failed challenges to Biden's wins in PA and WI
- Won't revive Stormy Daniels' defamation suit against him
buzzfeednews.com/article/zoetil…
Read 5 tweets
19 Feb
Capitol insurrection defendants are racking up felony counts.

A deep dive into the docs — how prosecutors are ramping up charges (and potential prison time) in cases they've already filed, and new details we're seeing about the violence that day.
buzzfeednews.com/article/zoetil…
Last month, acting US Attorney Michael Sherwin in DC said they'd opened 400+ subject case files in connection with the Capitol insurrection investigation. DOJ spox says that number is now up to ~540 buzzfeednews.com/article/zoetil…
As prosecutors take the Capitol insurrection cases before a grand jury, they're coming back with indictments that stack up the felonies — adding weapons enhancements and more counts for things like obstruction and assaulting police buzzfeednews.com/article/zoetil…
Read 4 tweets
19 Feb
Latest conspiracy case charged in the Capitol insurrection involves the Oath Keepers — prosecutors say an Ohio couple coordinated with Jessica Watkins and was identified in photos with the alleged Oath Keepers cluster that went into the Capitol assets.documentcloud.org/documents/2048…
Jessica Watkins, indicted in the Oath Keepers conspiracy, three days after Jan. 6 insurrection, per text excerpt in charging docs: "I've been following FBI wanted list, seems they're only interested in people who destroyed things. I wouldn't worry about them coming after us"
An Oath Keeper Charged In The Capitol Riot Texted She "Wouldn't Worry" About The FBI A Week Before Her Arrest buzzfeednews.com/article/zoetil…
Read 4 tweets
19 Feb
Capitol insurrection defendant Dominic Pezzola, who was charged in one of the Proud Boys conspiracy cases, is challenging an order keeping him in pretrial detention. A few things of note:
- His lawyer is in touch with the feds about a potential plea deal assets.documentcloud.org/documents/2048…
- Pezzola's lawyer strongly suggests ("it is believed") that there's a Proud Boys member "much more active" in the org than Pezzola who has already cut some sort of deal with the feds and is cooperating
- This is another entry in the category of Capitol insurrection defendants shifting blame to Trump/others who pushed the lie of widespread voter fraud: "..having time to reflect and see how things have revealed themselves, he now realizes he was duped into these mistaken beliefs"
Read 4 tweets
18 Feb
Yesterday, a federal judge in DC ordered detention for Eric Munchel (photog'd in tactical gear with plastic handcuffs) and Lisa Eisenhart (co-defendant and Munchel's mother): buzzfeednews.com/article/zoetil…

Eisenhart's lawyer is appealing that order, per new filing:
Update: Eric Munchel (the guy photographed in the Capitol holding zip tie handcuffs) is now also appealing yesterday's order keeping him in jail pending trial.

Previously: buzzfeednews.com/article/zoetil…
This is the first ruling on pretrial detention for Capitol insurrection defendants to head up to the DC Circuit — given that there are ongoing detention fights and more prosecutions to come, any DC Circuit precedent on how judges should be analyzing this could be a big deal
Read 4 tweets

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