NEW: Garland parries criticism of Justice Dept. response to Jan. 6 #CapitolRiot. Story w/@kyledcheney politico.com/news/2022/01/0… A few thoughts on speech….
Garland made noises about DOJ prosecuting higher-ups or inspirers, without naming names, but there's been no sign that's actually happening and there are ways we would expect to know. He did say they're following the money. May relate to reported probe of Powell-linked groups
Garland has been EXCEEDINGLY circumspect about public comments on Jan. 6, because just as he arrived at DOJ, judges were slamming prosecutors over interview acting US atty Sherwin gave predicting sedition charges politico.com/news/2021/03/2…
While AG has been tight-lipped on #J6 probe, his formulation re higher-ups like Trump is just about the same thing Sherwin told reporters soon after the attacks: they'll look at anyone who committed a crime... politico.com/news/2021/01/2…
I was a little surprised Garland laid out various factual assertions about what people did in the riot, without the often-obligatory statement that those are accusations and people are innocent until proven guilty. He did cite court docs and say DOJ has to respect civil liberties
Also worth noting Garland's language choices: he used 'attack' and not 'insurrection' or 'sedition.' Not even 'terrorism,' which his own agency has repeatedly used to describe 1/6 politico.com/news/2022/01/0…
Garland also tried to deflect the attacks on the 1/6 probe by noting that DOJ is working in other ways to combat efforts to undermine democracy.
He mentioned voting-rights and even threats to school officials--something DOJ officials have largely sought to downplay since the AG's memo on the subject triggered a huge GOP backlash in October. -30- politico.com/news/2021/10/0…

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More from @joshgerstein

5 Jan
HAPPENING NOW: During hearing on #FARA case against Tom Barrack, his lawyer Dan Petrocelli again implies politics at work in indictment. Says investigation was done in mid-2019, but client wasn’t charged til 2021. Of course, may have been politics in his non-indictment, too
Issues around classified info expected to complicate case, Judge Brian Cogan says he’ll meet privately with defense counsel in May to hear their theories about what secrets could help their case. Later, he’ll meet with prosecutors about what’s actual in government files
‘That’s great,’ Lowell says about judge’s offer to meet with defense ex parte
Read 5 tweets
13 Dec 21
PUBLIC SERVICE ADVISORY: For anyone trying to listen to audio feed of DC Circuit arguments in Trump v. Mazars this morning, the court advises it has had a technical glitch and has recessed to address it bit.ly/3m2s7iV
And it has added a scary exclamation point to its YouTube feed. It’s almost like an Emergency Broadcast System test. (Yes, I know that’s the old name.) I’m waiting to be told where to tune for official news or information.
And we’re back.
Read 4 tweets
8 Dec 21
HAPPENING NOW: Discussion of possible trial date for former DNC outside counsel Michael Sussmann, charged with false statement to FBI by Special Counsel Durham. Judge says he understands deft’s desire to ‘get on with his life win, lose or draw.'
But judge cooper notes congestion of DC fed court trial calendar (1/6 stuff but he didn’t mention)… “Unfortunately, I don't have the authority sitting here just to issue a trial date…We are operating under a master trial calendar….I need to get clearance."
Cooper: 'I think where this is going [for trial] is mid-late-May, early June.' Notes again that Durham prosecutors already have Danchenko trial scheduled for April 18 in EDVA.
Read 5 tweets
22 Oct 21
BREAKING: Giuliani associate Lev Parnas guilty on all counts at trial on charges of routing foreign money into US campaign and making straw donations. Co-defendant Andrey Kukushkin also guilty on charges he faced. Earlier: politi.co/2Zk0FoL
Judge is polling the jury now.
Prosecutors seek detention of both defendants
Read 4 tweets
20 Oct 21
BREAKING (if unsurprising): Giuliani associate Lev Parnas declines to take stand in own defense at trial on charges of straw/foreign campaign donations. Def atty Bondy: 'Mr. Parnas has, upon reflection and consultation with counsel and also his family, decided not to testify.'
Parnas thanks judge for extra time to think about testifying and consult w/his wife who is pregnant and out of town. Then says, ‘After speaking with my wife, my family and my attorneys, I have chosen not to testify.’ Judge intends to release jury for day. Closings tomorrow.
A bit more discussion of Daily Beast paywalling policies at Parnas trial out of earshot of jury. Defense lawyer says got statement from Beast which sounded equivocal to me. Judge says he can see stories on home page. Prosecution says evidence has closed. Judge agrees.
Read 7 tweets
20 Oct 21
HAPPENING NOW: 2 New York attorneys, Colinford Mattis and Urooj Rahman, seeking to plead guilty to firebombing (empty) NYPD cruiser during racial justice protests last May. Offering plea to 1 felony count, 10 year max, can appeal if sentenced to more than 5 years
OK here’s the crux. Prosecutors believe terrorism enhancement in sentencing guidelines applies, pushing guidelines to 10 years. Defense disagrees, preserve right to appeal if sent >5 years. Judge Brian Cogan: ‘Obviously, the terrorism enhancement is going to be a big issue.'
Judge Cogan: 'I have no idea where I’m coming out on that at this point.'
Read 4 tweets

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