<thread>

Six items about #January6th that have been unreported/under-reported or deserve more attention.

Item No. 1: We came extremely close to DOJ as lead agency for security on Jan. 6 with Trump coup co-conspirator (for lack of a better term) Jeff Clark as Attorney General.
2. On Jan 3

3:45pm: Clark tells Rosen that Trump has decided to fire Rosen and put Clark in as Attorney General.

5:30pm: Trump meets Miller, Milley and agrees DOJ will be lead agency.

6:00pm: Trump meets Rosen, Clark, others and backs down from firing and replacing Rosen.
3.

added note: Trump backs down due to DOJ threat of mass resignations

added note: Rosen says he was not subsequently told DOJ would be lead agency for Jan 6
4. Item 2 - National Guard

Jan. 3: DC National Guard Commander Maj. Gen Walker told Army Secretary newly revised plans for Jan. 6 could reduce Guard response time down to 1 HOUR.

Army’s reaction: concern about optics and not want Guard close to Capitol
justsecurity.org/wp-content/upl…
5. Item 3 - Pentagon

Jan. 4: DoD convenes Cabinet meeting.

Sec. Miller and Chairman Milley propose rescinding the permits of protestors at Capitol.

For those who think DoD was in bed with Trump, you have to grapple with this contradictory evidence.
justsecurity.org/wp-content/upl…
6. Item 4 - Trump anticipates violence (Jan 6 a powder keg)

We know:
Trump told Miller need 10k troops
Meadows email said National Guard would be present to ‘protect pro Trump people' and many more on standby

Add:
Jan 5: Trump tells aide not expect his crowd will be peaceful👇
7. Excerpt of Trump conversation with aide in White House on January 5th evening is from Wall Street Journal's @MichaelCBender's book, "Frankly, We Did Win This Election - The Inside Story of How Trump Lost"

twelvebooks.com/titles/michael…
8. Item 5-DOJ

One smoking gun: senior DOJ official drafted letter in event Trump fired Rosen. It read:

“Rosen over the course of the last week repeatedly refused the President's direct instructions to utilize the Department of Justice’s law enforcement powers for improper ends”
9. Item 6 - FBI

Jan. 5 FBI Norfolk Report warning of Trump supporters saying “being ready for war,” calling to “get violent” at the Capitol, etc.

It includes a passage suggesting FBI was – nonetheless – more fixated on violence from counterprotestors/Antifa
10/10. All these documents can be found in @just_security's January 6 Clearinghouse.👇

<end>

justsecurity.org/77022/january-…

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More from @rgoodlaw

21 Dec 21
I co-authored this sweeping analysis w/@justinhendrix

Bottom Line:
Pentagon restrained National Guard on #January6th concerned Trump would invoke Insurrection Act.

We include little-noticed witness interviews in recent inspector general report.

<thread>
justsecurity.org/79623/crisis-o…
2. Former acting defense secretary Chris Miller in IG interview:

"There was absolutely no way…I was putting U.S. military forces at the Capitol, period,” he said citing media stories alleging Trump's advisors were pushing him to declare martial law to invalidate the election.
3. In congressional testimony, former acting SecDef Miller:

"My concerns regarding the appropriate and limited use of the military in domestic matters were heightened by commentary in the media ... that advisors to the President were advocating the declaration of martial law..."
Read 4 tweets
11 Dec 21
PSA on #MarkMeadows and #PowerPoint slides

This isn't a hair-on-fire moment. Mainstream media has been responsible not reporting it as such.

I’ve written Meadows has significant criminal exposure

But this is not strong evidence of that.

A few key points to consider…
<thread>
2. All we know is Mark Meadows had the slides on this phone.

Not that he plotted it, not that he or any administration officials created it, not that he did something nefarious (or did anything) with it.
3. Meadows’ lawyer says the reason they voluntarily turned over the document is because Meadows did nothing with it -- and is accordingly not claiming it is ‘privileged’ info that should be kept from congressional investigators.

via NYT

nytimes.com/2021/12/10/us/…
Read 10 tweets
6 Dec 21
We dove deep into this...

Out of hundreds of #January6th criminal cases, the #FBI cites defendants’ posts on FB, Twitter, Parler.

Absent: A public social media site that served as a staging ground for the attack on the Capitol (thedonald.win).

justsecurity.org/79446/the-abse…
2. Our analysis is thanks to interviews with really great experts:

@AdvDemocracy's @DanielJJonesUS
@GeorgetownICAP’s Mary McCord
@RANDCorporation's @donell_harvin
@DFRLab’s @jaredlholt
Future Frontlines' @CandaceRondeaux
@BarbMcQuade
@JoyceWhiteVance

justsecurity.org/79446/the-abse…
3. We build on prior important reporting by @KenDilanianNBC @oneunderscore__ in an NBC News piece that also relied on research by @AdvDemocracy at the time.

nbcnews.com/politics/justi…
Read 8 tweets
15 Oct 21
What I told @SavBehrmannDC @RickRouan

Bannon "in deep legal trouble…executive privilege would at best allow him to refuse to answer specific questions. The claim of executive privilege in no way shape or form allows a witness to refuse to show up at all"
msn.com/en-us/news/pol…
2. In addition to criminal contempt, Congress could directly pursue escalating fines against Bannon.

The @USATODAY report notes this statement by the #January6thCommittee member @RepStephMurphy to @JoeNBC:

“I would recommend the full extent of consequences — jail time, fines."
3/3.

As I discussed with @USATODAY, Congress could pursue fines directly as part of inherent contempt powers.

In an article from June, @anne_tindall @g_tudor outline this course of action in context of compelling exec officials (even easier with Bannon)

justsecurity.org/77090/scaling-…
Read 4 tweets
7 Oct 21
As you digest the Senate Judiciary report on Trump-Meadows-Clark effort to enlist Justice Department to overturn the election.

This prescient analysis helps frame key criminal law issue at hand.

The Political Coercion Act 18 USC 610

<thread>
justsecurity.org/77994/doj-shou…
2.

On the left:

The federal crime under the Political Coercion Act.

On the right (via @AaronBlake):

Key passages of testimony in Senate Judiciary report — showing the scheme to threaten acting Attorney General to pitch in with effort to overturn the election or be replaced.
3. Senate Judiciary Committee investigation also uncovers New Year's Eve meeting in Oval Office.

Trump directly threatens acting AG Rosen and Donoghue: threatens to fire and replace them with Clark for failing to help overturn the election.

Note: Mark Meadows involved.
Read 7 tweets
4 Oct 21
Great scoop via @AlexThomp @alexbward

Internal State Dept letter by top legal adviser Harold Koh outlining legal problems with "covid-19" expulsions of Haitians.

Koh's analysis is highly consistent with top immigration law expert analysis here:
justsecurity.org/69640/coronavi…

<thread>
2. The internal memo breaks down for policy clients the ways in which the current Trump-Biden policy raises profound legal problems both in terms of US international legal obligations and domestic law.
3. The Koh memo also outlines for administration officials several options to avoid or minimize these legal problems, including fundamentally changing the policy course.
Read 4 tweets

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