Judge Amy Berman Jackson wants to hear from DOJ and Danny Rodriguez’s federal public defenders by today whether they think this video shows the Trump supporter who tased Michael Fanone saying “the word ‘no’ while shaking his head.”
A zoomed in version of this key component of Danny Rodriguez’s FBI interview:
Amy Berman Jackson also gave DOJ a deadline of tomorrow for any filing on “whether the defendant unambiguously asserted his right to cut off questioning” in that video. Hearing is set for Thursday. huffpost.com/entry/daniel-r…
Some highlights from Danny Rodriguez’s FBI interview:
New filing: "Mr. Rodriguez maintains the original transcript is accurate in that Mr. Rodriguez clearly says 'No' in response to Special Agent Armenta’s question asking if Mr. Rodriguez would like to talk about the alleged assault on Officer Fanone.” storage.courtlistener.com/recap/gov.usco…
Danny Rodriguez’s lawyers also hired an independent national court reporting service to generate a transcript of this critical moment. Here’s what they came up with: storage.courtlistener.com/recap/gov.usco…
DOJ’s position is that Danny Rodriguez appears to "softly mumble a word that starts with ’n’,” and that the transcript is a bit off.
Due today: DOJ’s filing on the defense claim that Danny Rodriguez “unambiguously asserted his right to cut off questioning” in this video.
DOJ writes that agents “had no reason to believe” that Danny Rodriguez’s “mumbled” and “barely audible” response as an “unambiguous invocation” of his right to remain silent. (h/t @sfoguj) storage.courtlistener.com/recap/gov.usco…
DOJ: “should the Court view the head shake and mumbling response of the defendant as an invocation, it should be viewed as selective only to the questions regarding the assault on law enforcement, and not a global invocation of the defendant’s right to remain silent.”
Danny Rodriguez’s motion hearing before Judge Amy Berman Jackson is tomorrow at 3 p.m. huffpost.com/entry/daniel-r…
Ed Badalian, aka “Trump Ed,” will also make a court appearance. But no Swedish Scarf yet. huffpost.com/entry/swedish-…
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.@nickquested has an important new film out called 64 Days that zeroes in on the critical timeframe in the lead up to the Jan. 6 attack on the U.S. Capitol.
I’ve watched far more Capitol attack footage than any sane human being should, and even I was floored by what he’s got.
The day after the 2020 election, a mob of Trump supporters who believed Trump’s lies about voter fraud flooded to the TCF Center in Detroit, the largest majority-Black city in the nation.
NBC News’ own @PattersonNBC was inside, here’s some of what he saw:
As @janestreet and I report in our new story on the chaos at the TCF Center in 2020, some of the key instigators there — including folks banging on the windows — had official ties to the Trump 2020 campaign operation.
@janestreet Now, here's a key thing to know about the people who flooded down to the TCF Center on Nov. 4, 2020, because they saw some post on Facebook or something: They're plainly wrong. Trump didn't lose Michigan because of fraud in Detroit, where he performed better than he had in 2016.
NEW: One of the worst Jan. 6 rioters, David Dempsey, hit with 20 years in federal prison by a Reagan-appointed federal judge who has spoken out about the “preposterous” and dangerous rhetoric some Republicans have used in an attempt to “rewrite history" on Jan. 6.
Dempsey appeared to flash an “OK” sign as he was led out of court, several witnesses observed. Other rioters have yelled “Trump won!” as they were led out of court.
DOJ inspector general concludes, as folks who were paying attention four plus years ago did contemporaneously, that having Bureau of Prisons guards man civilian protests was a bad idea.
"Allowing federal law enforcement to operate with anonymity all but eliminates accountability when force is inevitably used against demonstrators." huffpost.com/entry/william-…
"A senior Justice Department official credited Barr with the idea of bringing in federal prison corrections officers, calling it an example of Barr’s 'outside the box' thinking." huffpost.com/entry/william-…
“If [we] don’t have a charge, we don’t say anything about an investigation; we just don’t do that.”
From the OIG report on Willam Barr and the Trump-appointed U.S. attorney who helped fuel the ex-president's bogus voter fraud narrative back in 2020.
He announced his resignation just before the Jan. 6 attack on the U.S. Capitol, which was fueled by Trump's election lies. huffpost.com/entry/david-fr…
"Freed’s unusual conduct came under intense scrutiny from Justice Department veterans who noted it was “wildly improper” for a federal prosecutor to be making public declarations about investigations that could be used as a political cudgel and help undermine confidence in the electoral process." huffpost.com/entry/david-fr…
DOJ inspector general's report on the Roger Stone sentencing recommendation (remember that?) is now out. It calls former interim U.S. Attorney Timothy Shea's leadership "ineffectual" and DOJ's handling of the Stone sentencing "highly unusual." Bill Barr refused to cooperate.
"we found that Barr had articulated his position about the sentencing recommendation both before and shortly after the first sentencing memorandum was filed, and before the President’s tweets." oig.justice.gov/sites/default/…
"Barr was in the middle of listening to what others thought about the idea of a second filing when someone mentioned the tweets, and then 'the air almost went out of the room.'"