New: The Archives intends to turn over a tranche of Trump's White House records to the Jan. 6 committee tomorrow at 6pm, per DOJ letter. These docs weren't covered by the DC Circuit's admin stay, and SCOTUS hasn't acted on Trump's emergency request yet s3.documentcloud.org/documents/2118…
What's up with the fourth tranche? It's approx. 551 pages, and Trump claimed exec privilege over *six pages*. DOJ says two pages are similar enough to the prev. sets of contested docs to be covered by an earlier stay, so it's four pages he doesn't want produced
That's in addition to 100s of pages of contested docs that were the subject of earlier rounds in court:
- 39 pages from tranche 1 (there were also 7 pages later withdrawn as nonresponsive)
- 724 pages from tranches 2 and 3 s3.documentcloud.org/documents/2115…
(redid this tweet with more info)
A clarification that will probably only matter to me and a handful of legal Twitter folks, but the DC Circuit issued an administrative injunction, not a stay (they enjoined the Archives from acting, they didn't stay a district court order)
At 6pm today, barring court action, the Nat'l Archives is set to turn over four pages to the Jan. 6 committee that Trump claims are shielded by exec privilege. DOJ maintains they're not covered by an order that's delayed production of other contested docs
After DOJ filed the initial letter last night alerting the DC Circuit this was set to happen, Trump's lawyer filed a response around midnight insisting this would violate the earlier injunction pending SCOTUS action s3.documentcloud.org/documents/2118…
DOJ replied this a.m., maintaining that the injunction clearly only applied to the first three tranches of docs, and that Trump had a chance to try to argue in court re: the fourth tranche, and instead limited that effort to SCOTUS, which hasn't acted yet s3.documentcloud.org/documents/2118…
Initially six pages were at issue, and DOJ said Trump only objected yesterday to two pages that "include content" in "similar" docs from an earlier set covered by the injunction, so they won't release them now. Trump's lawyer argues the intent to produce these docs is misconduct
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"Stop the Steal" organizer Ali Alexander has moved to dismiss claims against him in one of the civil conspiracy suits re: Jan. 6, and it includes a somewhat carefully worded graf about being w/ Alex Jones on the Capitol steps with "tacit approval" of USCP s3.documentcloud.org/documents/2118…
Prosecutors mostly haven't been prosecuting people who were on the Capitol grounds but didn't go in and weren't involved in assaulting police/conspiracy. One notable exception is Infowars host Owen Shroyer, who was with Alex Jones (who hasn't been charged) buzzfeednews.com/article/zoetil…
Shroyer has moved to dismiss, and one of his main args is that he and Alex Jones were trying to deescalate things and communicatd that to USCP officers and no one told them to leave: s3.documentcloud.org/documents/2118…
Hello from Judge Timothy Kelly's virtual courtroom, where a hearing is about to start on the govt's request to revoke pretrial release for Jan. 6 defendant James Grant — police found an AR-15 assault rifle + ammo in his car during a December encounter s3.documentcloud.org/documents/2117…
Dial-in info for Judge Kelly:
Toll Free Number: 888-808-6929
Access Code: 3195989
Last week, Kelly granted the govt's request to revoke release for another Jan. 6 defendant, Joshua Pruitt, after finding his latest round of curfew violations pushed him over the line after repeat chances to come into compliance
New: A judge has ordered another Jan. 6 defendant to jail for violating pretrial release conditions — Joshua Pruitt violated curfew on multiple occasions, and the govt also noted threatening comments he'd made via social media, probation violations in other non-Jan. 6 cases
Haven't been live-tweeting the hearing, but basically: Govt and pretrial services rep argued strongly to revoke his release, saying the combination of problems he'd had with compliance in this case and others showed lack of respect for court authority, inability to follow orders
Pruitt's lawyer argued he had reasons for missing curfew (couldn't get rides home from work, mainly) but judge noted this wasn't the first time Pruitt was admonished to comply with curfew and restrictions on his movement, govt questioned the truth of some of those explanations
NOW: Stewart Rhodes, the leader of the Oath Keepers, has been indicted — counts against him and 10 others include seditious conspiracy, the first time we've seen that charge in connection with Jan. 6. More to come, here's the document: justice.gov/opa/press-rele…
Oath Keepers founder Stewart Rhodes and 10 others have been indicted for seditious conspiracy. It's the first time we've seen that charge in connection with the Jan. 6 attack — and the first time it's been charged period since 2010. With @kenbensinger: buzzfeednews.com/article/kenben…
Hello from Judge Carl Nichols' virtual courtroom, where sentencing is about to start for Jan. 6 defs Dalton Crase and Troy Williams, who pleaded guilty to the parading misdemeanor. Govt wants 30 days in jail, they would like probation
Here's the dial-in info for Nichols if you'd like to listen along:
Toll Free Number: 877-873-8017
Access Code: 8692421
In arguing for a month, prosecutors note the pair went into the Capitol twice, and video captured Williams saying the riot was "just to let them know that when push comes to shove, we will fight. We will just walk into this bitch ... if things don’t change, we’ll make a change"
Hello from Judge Amy Berman Jackson's virtual courtroom, where sentencing is set for Jan. 6 defendant Tanner Sells, who pleaded to the parading misdemeanor. Govt wants 14 days incarceration + probation (more on that shortly), Sells seeking probation alone
Here's the dial-in info for Jackson's courtroom:
Toll Free Number: 888-363-4735
Access Code: 9203812
There's been uncertainty among judges if they can impose a "split sentence" of jail time + probation for a class B misdemeanor (a la the parading count that most Capitol rioters are pleading guilty to so far). The govt will be arguing that's allowed s3.documentcloud.org/documents/2117…