Thread by @TimInHonolulu

1. I think indictments may come soon. To get TFG and his close conspirators who didn't enter the Capitol, but incited it, the best hook is conspiracy. There have been few conspiracy charges but one deserves note.

Recall TFG's call to the Proud Boys to stand back & stand by?

2. That was in late September. November 14 when it was clear he had lost and had no real hopes of reversing it he moved to MAGA incitement by driving his motorcade through their DC rally shortly followed by violence centered on the Proud Boys. msn.com/en-us/news/pol…

3. Then again, December 12, the Proud Boys staged another Million MAGA March with stabbing and one shooting. There were also reports of Proud Boys leader Enrique Tarrio in the White House while TFG stewed over a loss at SCOTUS on the Big Lie. the-sun.com/news/1959359/m…

4. The case I'm watching is Joseph Biggs et al. 21-cr-175. Self-described Proud Boy organizer, Biggs fought detention back in March and that was when the Govt dropped some nuggets. The charges against, Biggs who is still in custody included conspiracy, to commit the crime I call

5. the hammer being used on some defendants. One nugget dropped in March was the relation between what they charged and "terrorism." From the March 10 filing:

"The United States also seeks detention
pursuant to 18 U.S.C. § 3142(f)(l)(A), because

6. Destruction of Property, in violation of 18 U.S.C. § 1361, is a crime of violence. Moreover, when Destruction of Property is 'calculated to influence or affect the conduct of government by intimidation or coercion,' it also qualifies as a federal crime of

7. terrorism. See 18 U.S.c. § 2332b(g)(5)(B)." law.cornell.edu/uscode/text/18…

There's no US crime of domestic terrorism but the Govt tips this is terrorism, "transcending national boundaries." NB if I've been right all along, the foreign terrorists are in the Kremlin.

8. I wasn't clear if this would give the Govt FISA authorities but after a quick look I think it does. 50 USC 1801 defines foreign terrorism, one of the few bases for a US person to be traditional FISA order target. Same section provides that international terrorism includes

9. acts that "transcend national boundaries" by means in which they are accomplished persons apparently coerced or intimated or locale where perps operate. law.cornell.edu/uscode/text/50…

Long story short, If Govt can prove it transcends national boundaries, I think a FISC judge will

10. have ground to issue Title I FISA orders. Assume they issued in December or Jan 6 at the latest, the first 90 days would be over in April. And Garland and Monaco would have to decide if they have enough. But the threat is still there and I think they drop the net soon.

11. FISA is law enforcement took that cuts out a long period of complex warrant preparation if the first FISA hits paydirt. The case then spins off to FBI to operate but the subsequent Title III wire intercepts warrant applications are supported by FISA-obtained treasure.

12. But for the foreigner and any nitwit who goes near them, the FISA machine keeps running on overdrive with tools like Section 702. @maddow @Lawrence @MaddowBlog