One of those charged with sedition conspiracy is now being interviewed in depth by Tucker Carlson on the charges. It is incredibly rare for a criminal defendant to take such a risk in an interview...
...Few defense lawyers would sign off on such an interview due to the risk. Any contradictions could be cited by the prosecutors. Thomas Caldwell is denying every factual assertion, including his conspiracy to smuggle arms by boat...
...Once before a court, there may be a gag order issued by the court. Thus, Caldwell could be clearing the record before he is barred from public comments. It could also be viewed as useful in raising needed support for legal fees and costs.
...One interesting element is his continued denial that he ever took a step into the Capitol, an allegation previously leveled against him. That would not render a conspiracy theory invalid but does raise a factual dispute on what he was doing as part of this alleged conspiracy
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The Washington Post asks "now what?" now that there are 11 people charged with seditious conspiracy. washingtonpost.com/politics/2022/… The answer is that they now have to prove the charges. However, the FBI has charged over 700 people and investigated thousands...
...but relied largely on such charges as trespass and unlawful entry. Many of us previously discussed how some came to the Capitol with violent intentions. However, the FBI said previously that it did not find an overarching conspiracy and that most of these were "one offs"...
...We have previously discussed radical elements that fueled the violence. This indictment does not describe a large conspiracy on that day. It does not alter the view that this was a protest that turned into a riot.
We have our first sedition related charges today against 11 members of the Oath Keepers. We have previously discussed some individuals who came prepared for the riot on Jan. 6th ... foxnews.com/politics/doj-c…
...I previously referred to these individuals as Proud Boys. These are actually members of the Oath Keepers. The FBI is arguing that they expressly sought to cause unrest and rebellion...
...Of the over 700 persons charged and thousands investigated, these are the first to receive a sedition charge. The vast majority are for relatively minor offense like trespass or unlawful entry...
...Buzz kill for many. This is an exciting discussion of the Social Security Act’s windfall elimination provision.
...One notable element is that it is 8-1 with Gorsuch dissenting. We saw last term that the Court seemed to rebutting critics through its decisions in showing a court that is often unanimous or near unanimous. jonathanturley.org/2021/06/23/sup…
Justice Kagan just pushed back on Osete for suggesting that the Secretaries are basically "bookkeepers" as opposed to protecting health and safety.
It is becoming a pile on. Breyer is now drilling down and demanding a clear answer from counsel. If they can require washing hands, Breyer asked, why cannot they impose infectious control measures?
...Osete probably feels like it is a tag team right now. Kagan and Breyer accused him for being evasive. Breyer is hammering him that over 700,000 got Covid "yesterday" and hospitals are filling up.Breyer is saying "every minutes this is not in effect thousands are getting sick."
Alito is making an interesting point that many of the provisions cited by the Administration are actually definitional provisions as opposed to provisions affording authority to the Secretary.
...Alito is asking if "there is anything the Secretary could not do" with such sweeping authority. That is a poignant question on what limits exist under this interpretation.
...Justice Barrett is raising the "difficult" questions of areas that do not refer to health and safety. She noted that the government is focusing on areas where health and safety is referenced but not the many other areas.
Chief Justice Roberts asked an interesting question if there is any federal agency where she would not argue that this is a "grave danger." Roberts said it is hard to accept the idea that this is a "particularized" rule.
..Chief Justice Roberts just referenced the retweet that by Biden White House Chief of Staff Ron Klain that is simply a "workaround." jonathanturley.org/2022/01/01/the…
...Klain retweet has proven costly for the Administration. It was cited by the lower courts and now is being referenced in the Supreme Court. He is being cited as the best witness for the challengers of the mandate.