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.
I quibble with @shanlonwu's comparison of the Inauguration protestors (one that has been made repeatedly). There, there was no base level evidence of criminality. Here, the evidence of trespassing is clearcut, there are just other legal questions (like interpretation of 1512).

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More from @emptywheel

10 Jun
Listening in to Chris Wray's hearing, and in response to Zoe Lofgren Chris Wray raises the stupid auditing program that Billy Barr implemented, which is not going to work.
Now Chris Wray is bragging about his entirely new leadership team. One of those leaders refused to respond to my question about why he signed off on a document that had been altered.
Issa bitching abt FBI not being leaders on cyber. Wray refrains from bragging abt the An0m operation.
Read 32 tweets
10 Jun
AUSA Bond says there's a cooperating witness against Freddie Klein they'll only ID if it goes to trial. They've extended a plea offer, but no response from Klein.
Klein's lawyer says they haven't gotten anything pertaining to Klein's cellphone.
Klein's lawyer says the offer made "is not very reasonable given the circumstances."
Read 16 tweets
9 Jun
Rather than read a warmed over Don McGahn transcript, may I present to you William Chrestman bragging about attacking the Capitol?

documentcloud.org/documents/2080…
DOJ was being generous and didn't point out that a leadership role is one of the factors that Beryl Howell said supported detention.
So is assaulting a cop. Chrestman seems to brag about doing so here, but was not [yet] charged for it.

Also, this is a confession to the obstruction charge.
Read 18 tweets
9 Jun
Tea Leaves on the Garland-Monaco DOJ and the Stay in Andrew McCabe's Lawsuit

emptywheel.net/2021/06/09/tea…
I noted earlier that McCabe and DOJ were in discussions for a settlement on his lawsuit. According to a just-filed update, they're still in discussions.

documentcloud.org/documents/2080…
As I noted in this post, amid discussions about the degree to which the Garland/Monaco DOJ is dealing with Trump's leftover garbage, what happens with McCabe's lawsuit may be quite interesting.

emptywheel.net/2021/06/09/tea…
Read 4 tweets
9 Jun
Robert Gieswein, whose friends call him Bobby, had never flown before he was flown through OK by the Bureau of Prisons.

storage.courtlistener.com/recap/gov.usco… Image
Gieswein himself called his group Woodland Wild Dogs a "militia," but his other buddies in it say it was about camping and Star Wars.

Only ... they also say he wore his armor on these camping trips, I guess thinking it helped him. Image
Between three explanations from friends, all three say Gieswein invited them to go to DC with him.

storage.courtlistener.com/recap/gov.usco…
storage.courtlistener.com/recap/gov.usco…
storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
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.

storage.courtlistener.com/recap/gov.usco…
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.
Read 13 tweets

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