There are a lot of problems with MIchael Powell's hit job on the ACLU. But it suffers (perhaps not unsurprisingly) from the problems that Glenn Greenwald's equally one-sided critiques do: obscuring WHY ACLU got so much $$ at beginning of Trump Admin.
There were a lot of issues, but a huge one was the Muslim ban. Powell's piece mentions "immigrant" once--a quote from Glasser--and doesn't mention "Muslim" at all.

How do you discuss 1A without mentioning the import of a ban on members of one faith?
Is equal protection for Muslims not a First Amendment issue? If not, why not?
I'll also add that the framing of 1A in this piece (unsurprisingly) replicates a blind spot that a lot of journalists adopt. If the Constitution AS A WHOLE fails, then what becomes of the First Amendment?

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More from @emptywheel

9 Jun
The govt's bid for detention for Jason Dolan, one of the four men added to the Oath Keeper conspiracy, says they suspect he and Kenneth Harrelson conducted surveillance of the Capitol the day before.… Image
They also make a big deal out of the fact that both were filming the breach.
Oh. A marksmanship instructor. I can see why you'd want to detain this fella. Image
Read 13 tweets
8 Jun
This is one of the most valuable reports on the Jan 6 investigation--a realistic assessment of what kind of prison time defendants might be looking at.
I quibble with @shanlonwu's comparison of the Inauguration protestors (one that has been made repeatedly). There, there was no basely evidence of criminality. Here, the evidence of trespassing is clearcut, there are just other legal questions (like interpretation of 1512).
@shanlonwu And remember: NO ONE should want "MAGA Tourists" to get more than a misdemeanor. A huge number of people really did walk in off the street without any prior planning, take pictures, and leave.
Read 4 tweets
8 Jun
Listening to @JocelynBenson at a #RightsCon2021 panel on disinfo and elections. She describes the effect of "the eye of Sauron," meaning Trump, on trying to run an election.
@JocelynBenson She describes "immediately [feeling] safer' after Facebook banned Trump.
@JocelynBenson Bensen describes how much transparency was built into MI's multiple audits of the vote count. But still people refuse to believe, and keep claiming MI Gov hasn't done the audit.
Read 4 tweets
8 Jun
A detail I missed: William Walker became House Sergeant at Arms in April.… Image
Three witnesses named Mike Flynn's brother--who just got his promotion--as resisting responding with the Guard. Image
At 1:01 Sund asked for help from Secret Service (which, earlier parts of this report suggest, didn't share any intel about unusual threats). And yet ... they're not included among the LEAs that responded. ImageImage
Read 11 tweets
5 Jun
Again the problem isn't that Maggie is reporting Trump's so-called delusions. It's that she's not reporting that Trump is going to attempt a second coup. Coup attempts aren't legal, but Jan 6 showed they were possible.
I think it's USEFUL that the people who were party to Trump's first attempted coup are disavowing a second one. But only if that is accurately described as such, along with accountability for those who say, now, they won't sanction a second attempt.
Some of those same people, btw, believed they could put Trump on an "off-ramp" after the election and as a result allowed the Big Lie to metastasize.
Read 4 tweets
4 Jun
In an attempt to defeat Jacob Chansley's bid for a new detention proceeding, USG released new pics. Here he is entering the Senate.…
Also, the govt is not at all, not even remotely, impressed that Chansley prevented the theft of a muffin.
Also, DOJ says Chansley's spear continued to be a threat to the VP (as well as the key factor for 1752 charges) throughout the riot.
Read 4 tweets

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