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Scott MacFarlane Profile picture
@MacFarlaneNews
Jul 2, 2021 • 7 tweets • 3 min read • Read on X
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Wow

Just read through Rep Mo Brooks (R-AL) legal filing today defending himself in lawsuit filed by Rep Eric Swalwell (D-CA) alleging Brooks helped incite the US Capitol insurrection with "start taking down names and kicking ass" speech

It's quite something

(thread)
Rep Brooks specifies he was called by the White House on Jan 5 and invited to give the speech at Ellipse on Jan 6. And only did so because the White House invited him

He also says, at last minute, organizers tried to reduce the time he was allotted for speech
Rep Brooks' court filing includes the vote tally in his District for Trump and Biden

Arguing he was "representing the will" of the Alabama 5th District that day
About those words we've heard in video clips so many times since Jan 6: "Start taking down names and kicking ass"...

Rep Brooks argues the words "as such" at the start of the sentence were important modifiers or softeners of the language
Rep Brooks added this nugget on info in his legal filing:

He believes the evidence is "overwhelming" that Nov 3 elections suffered from voter fraud, that Donald Trump won the electoral college and should be serving his 2nd term as President
Rep Brooks' court filing acknowledges he and other Members of Congress met at White House with Rudy Giuliani after the election for a briefing... but that he "did not use anything of substance" said by Giuliani

(Note: Giuliani is a co-defendant in civil suit)
Rep Brooks specifies on multiple occasions in his legal filings that he was working within the scope of his employment in challenging the electoral college submissions

Rep. Brooks asks judge to dismiss him as defendant in Rep Swalwell's civil suit

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More from @MacFarlaneNews

Scott MacFarlane Profile picture
Dec 10
NEW: Justice Dept files motion in court seeking to dismiss civil lawsuit filed by injured police officers who responded on Jan 6

Officers' suit sought court order to hang the legally-required Jan 6 honorary plaque for police

Justice Dept argues the plaque is faulty!

(MORE)
The Justice Department argues that the plaque that's been shown on Capitol Hill "lists the names of approximately twenty-one law enforcement entities not the approximately 3,648 individual names of law enforcement personnel provided to the Architect" Image
Justice Dept motion (more): "Thus, the plaque referenced in that testimony is not the plaque directed by the statute, which calls for the creation of a plaque
'listing the names of all of the officers"
Read 7 tweets
Scott MacFarlane Profile picture
Dec 8
ALERT: Former FBI agents file suit alleging "unlawful retaliation" against Kash Patel & FBI.. for firings over their kneeling response during DC unrest after George Floyd murder

Suit: "As a result of their tactical decision to kneel, the mass of people moved on without escalating to violence"
The dozen fired FBI agents are seeking a court order to restore their jobs and provide backpay

Suit: "Plaintiffs were among the FBI personnel deployed during this period and saw the potential for violence first-hand" .. they say the kneeling was a de-escalation tool
FBI agents lawsuit (MORE): "Plaintiffs had been informed that the purpose of the deployment was to show a visible law enforcement presence, and they wore vests marked 'FBI' and carried their firearms. But they were not properly prepared or instructed to conduct crowd control operations"
Read 9 tweets
Scott MacFarlane Profile picture
Nov 24
FLASH: Judge rules James Comey criminal case is dismissed without prejudice. Judge determined the US Attorney Lindsey Halligan was not lawfully appointed

Here's the 29 page opinion: storage.courtlistener.com/recap/gov.usco…
Here it is from the federal judge:

"All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside."
From the judge: "The Attorney General’s authority to appoint an interim U.S. Attorney lasts for a total of 120 days from the date she first invokes section 546 after the departure of a Senate-confirmed U.S. Attorney. If the position remains vacant at the end of the 120-day period, the exclusive authority to make further interim appointments under the statute shifts to the district court"
Read 8 tweets
Scott MacFarlane Profile picture
Nov 21
ALERT: James Comey files another motion to dismiss criminal case, citing issues with grand jury presentation by US Atty Lindsey Halligan

"The government has thus committed a series of flagrant legal violations. And the government’s misconduct has threatened Mr. Comey’s liberty—even though Mr. Comey should be experiencing the peace of an expired statute of limitations"
The new 29-page motion by James Comey to dismiss his criminal case includes this header:

"THE INDICTMENT SHOULD BE DISMISSED WITH PREJUDICE BASED ON MISCONDUCT BEFORE THE GRAND JURY"

Full motion: storage.courtlistener.com/recap/gov.usco…
James Comey's new motion to dismiss (MORE): "A grand jury may indict only if at least 12 jurors concur.' But here, at least 12 jurors did not concur in the only indictment presented to the grand jury."
Read 5 tweets
Scott MacFarlane Profile picture
Nov 20
Three sources familiar with the matter tell CBS News federal investigators are questioning the handling of the investigation into California Senator Adam Schiff

(MORE)
Christine Bish, a California Republican who filed an initial tip w/ the feds about Schiff’s mortgage documentation, told CBS News she was questioned by federal agents today and was asked about Bill Pulte, the Trump-appointed head of the Federal Housing Finance Agency

(MORE)
Christine Bish characterized the interview to CBS News. She said, “They weren't asking me about Schiff. They were asking me about other people who were investigating Schiff."

(MORE)
Read 6 tweets
Scott MacFarlane Profile picture
Nov 10
NEW: James Comey files additional argument to get criminal case dismissed as "vindictive prosecution":

"The indictment in this case is unique in American history: it is the product of a yearslong campaign by the President of the United States to punish a citizen for protected speech. Mr. Comey has exercised his right to engage in public discourse critical of the President"
(MORE) James Comey's argument for dismissal of criminal case: "The President’s calls for prosecution do not rest on evidence, investigation, or recommendations. Rather, they express pure vengeful animus to punish a perceived political adversary. And the President managed to achieve his retaliatory goal only by installing a White House aide as U.S. Attorney"
(MORE) James Comey's new filing seeking dismissal of criminal case: "Not only does President Trump have the ultimate power to cause a prosecution, but the sequence of events that led to Mr. Comey’s prosecution leaves no doubt that he exercised that power here. After forcing out the incumbent United States Attorney, Erik Siebert, because of his reticence to bring this and other cases against the President’s perceived political enemies, the President posted on social media a message to the Attorney General excoriating her for failing to prosecute those enemies"
Read 4 tweets

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