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Apr 17 49 tweets 11 min read
/1 4/17/22 UPDATE - DOJ IS #DOINGSOMETHING 🧵: Litigator here. I’m a bit mystified by the defeatism and non-stop #DoSomethingGarland which seems to rear its head even when progress is made.
/2 REALITY CHECK: Trump et al. could get thrown in jail tomorrow and it would not change the fact that the GOP is laser-focused on overturning election results by co-opting state officials & passing voter suppression laws.
/3 WE GOTTA #GOTV: We have to put our energy into winning elections and that means all of us. Instead of hand-wringing and despairing, sign up to GOTV and get voters registered - we have primaries going on right now and we need to get Dem voters focused.
/4 SO WHAT HAS THE DOJ BEEN DOING? PLENTY.
Per WaPo, a DOJ grand jury working for months focusing on the 1/6 planning/funding/execution by higher-ups close to Trump.If someone defies a DOJ subpoena, they can go to jail.
/5 OTHER GRAND JURIES: The DOJ has already used at least 6 grand juries and from these, charged a dozen conspiracies, in each of which Trump's OWN ACTIONS play a key role.
/6 SCOPE: The 1/6 investigation involves more defendants than any other criminal prosecution in the nation’s history.
/7 THE HITS KEEP COMING: More than 800 people have been charged. 248 pleaded guilty. 90+ have been sentenced. 50+ people, incl 12+ Oath Keepers & Proud Boys, charged with felonies incl seditious conspiracy which carries a max sentence of 20 yrs. 140+ have been sentenced.
/8 THERE'S MORE: 250+ of these defs have been charged with assaulting, resisting, or impeding officers or employees, including over 85 individuals who have been charged with using a deadly or dangerous weapon. @macfarlanenews reports there are many more arrests to come.
/9 NOT SO PROUD NOW: Enrique Tarrio - head of the Proud Boys was indicted & is cooperating with the DOJ while in jail awaiting trial.
/10 AIN'T TOO PROUD TO PLEAD: 4/8/22 - In a HUGE breakthrough, high-ranking Proud Boy Charles Donohoe pleaded guilty to conspiracy and agreed to testify in any and all 1/6 cases. This is VERY bad for the DOZENS of Proud Boys charged already.
/11 WALLS ARE CLOSING IN: There are also multiple other cooperating witnesses identified in the indictment - many with direct ties to Roger Stone, Proud Boys and Oath Keepers.
/12 LESS THAN ONE YEAR AFTER GARLAND WAS SWORN IN: Guy Reffitt was found guilty on all 5 felony charges in less that 4 hours of jury deliberation in the first 1/6 trial. He faces decades in prison. Huge win for DOJ.
/13 ANOTHER WIN: 4/11/22 - Former VA police officer Thomas Robertson GUILTY ON ALL COUNTS for his role in the January 6 Capitol attack including obstruction of an official proceeding.
/14 ANOTHER WIN: 4/14/22 - In just 3 hours, the jury returned a GUILTY ON ALL 6 COUNTS for Dustin Thompson after a co-def Robert Lyon testified against him. Thompson faces a 20 yr max sentence. Lyon pleaded guilty and will also serve time.
/15 COURTS ARE NOT HAVING IT: Again and again, judges are rejecting 1/6 defendants' excuses and calling the 1/6 insurrection and their actions: terrorism, a lynch mob, a danger to democracy reprehensible, and criminal.
/16 A DAMNING INDICTMENT: 3/28/22 - “If Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution” — Judge David Carter in ruling against Trump lawyer John Eastman.
/17 NOT ALL DELAYS ARE BAD: Per @MacFarlaneNews, "Judge has agreed to delay the trial of accused Proud Boys Jan 6 conspirators. Signs point to growing evidence and potentially more charges." Tarrio and co-defs will have to stay in pretrial jail.
/18 SURPRISE: Tarrio was arrested in his underwear. Giuliani did not know he was gonna get raided. Garland ain't gonna tweet his next move bc that would be stupid.
/19 DOJ POWERS: It can obtain the records with a search warrant to the service provider, bank or other third party under seal to prevent disclosure of the investigation, even to the user or account holder.
/20 MORE DOJ POWERS: DOJ can covertly interview cooperative witnesses (eg Rose, Donoghue, Short and Jacob) & get sworn witness statements. DOJ can use GJ subpoenas for testimony from hostile witnesses.
/21 MORE FIRE POWER COMING: DOJ announced on 3/28/22 that it intends to hire 131 attorneys for the 1/6 investigations. That is very significant and it’s a signal at what is to come.
/22 WHY HASN'T TRUMP BEEN INDICTED: An investigation of a criminal conspiracy always begins at the bottom or in the outer “rings”on the conspiracy and works its way to the leaders.
/23 Rep. Jamie Raskin said they were starting with the rioters and working their way to the civilian right-wing military groups to the organizers. The DOJ is clearly doing the same thing.
/24 BUT WHY DOES IT TAKE SO LONG?
It's barely been a year since Garland was sworn in. Also, there’s this crazy little thing called Due Process which requires that we follow the laws and rules even for people we don’t like or who seem to do bad things are entitled to.
/25 Due process is intended ensure that the law is applied fairly. (Yes, we know that it’s “more fair” if you’re a white, rich man, but still.) We have laws and the law does not move in Twitter time. This is not some low-level single person criminal investigation.
/26 FACTS: This is the LARGEST conspiracy ever to to overthrow our government by a SITTING president and involves EVERY branch of our government. And DOJ has to prove BEYOND A REASONABLE DOUBT that each person is guilty. This is a high bar - for good reason.
/27 Many of us thought Kyle Rittenhouse was CLEARLY guilty and look what happened. Just bc it looks like BARD to us, doesn't mean it will to a jury.
/28 I WANT CONVICTIONS: We all do, but we need airtight cases & rushed investigations do not necessarily result in indictments much less convictions. In 1987, neo-Nazis were charged with seditious conspiracy charges. ALL were acquitted. We don’t want this to happen.
/29 BUT SO-SO SAID & HE IS A LAWYER: Pundits have NO skin in the game. They are not seeing the evidence. They are not trying these cases. Easiest job in the world is to be a critic.
/30 IT'S BARELY BEEN A YEAR: Garland was sworn in 3/11/21 and took over a DOJ that was severely compromised by Barr and had to be rebuilt. Plus DOJ is also litigating MANY important cases incl voter suppression laws, GOP election violations & bans on abortion.
/31 WHAT IF REPUBLICANS WIN THE MIDTERMS: First of all, we can win.We just need to do the work.Sign up to volunteer TODAY w/ any one of these incredible GOTV orgs - @SwingLeft, @IndivisibleTeam @fairfightaction @votolatino, @votesaveamerica @poweredxpeople, @Sister_District.
/32 OK BUT WHAT IF THEY WIN: The 1/6 Committee might be forced to disband.But DOJ is not operating under that deadline. Even if the Committee disbands, DOJ’s work will continue.
/33 IS ANYONE ELSE DOING ANYTHING? YES. Every FBI Office and every US Attorney’s office is involved in the 1/6 investigation. The NY AG and Atlanta DA are also investigating not only 1/6 but other efforts by Trump et al to overturn the election.
/34 SWALWELL LAWSUIT: Democratic Congressman Eric Swalwell has also filed a lawsuit against Trump et al for 1/6.
/35 JANUARY 6TH COMMITTEE: Has been doing a ton of work including conducting 830 interviews and depositions. 8-3-0. And also:
/36 EASTMAN: Trump’s Advisor - who wrote a 6 step scheme to overturn the election and hand Trump the presidency - refused to turn over his emails to the 1/6 committee and he lost big time.
/37 TRUMP CONSPIRED: Not only that the court ruled that: it was more likely than not that Trump and Eastman “dishonestly conspired to obstruct the Joint Session of Congress” in violation of the law.
/38 CONTEMPT: January 6th Committee and the House (220-203) found Trump's top advisors Scavino and Navarro in contempt. It now gets referred to DOJ. Bannon's contempt trial is set for July.
/39 MEADOWS: Has not YET been found in contempt, but there is speculation that it is bc he is being investigated by the DOJ as a defendant rather than just a witness. More to come for sure.
/40 SUMMER BLOCKBUSTER: The 1/6 committee hearings are scheduled for summer 2022. The closer to the midterms, the better bc America needs to wake up and realize that there is only one pro-democracy party.
/41 IT'S HAPPENING: As Deputy AG Monaco said: “The 1/6 investigation is among the most wide-ranging, the most complex that this department has ever undertaken. It reaches nearly every US Atty's Office, nearly every FBI field office."
/42 IT WILL GET DONE: Deputy AG Monaco: "Let’s be very, very clear, we are going to continue to do those cases, we are going to hold those perpetrators accountable, no matter where the facts lead us, as the Attorney General has said, no matter what level. We will do those cases."
/43 HEAR ME OUT: I know you are scared, tired and just want this MAGA nightmare to be over now. Me too. But it's going to take time. 1/6 is part of an ongoing effort by the GOP to batter our democracy so badly that we despair and give up.
/44 HOW THE GOP WINS: The GOP WANTS you to be mad at Democrats. It WANTS you to declare the fight over if everyone is not convicted and our democracy saved by the midterms. WHY? Because that's all they need to win.
/45 DON'T FALL FOR THE GREATEST VOTER SUPPRESSION SCHEME: The GOP does not even need the 400+ voter suppression laws they've introduced to pass if they can convince you that democracy and justice are a pipe dream.
/46 GOP'S GAMBIT: If the GOP can get us all yelling at Garland/Biden/Dems for not fixing EVERYTHING, they win. If they can get us to blame Dems/Biden/Garland instead of focusing on GOP transgressions, they win. Don't fall for that. We. Cannot. Give. Up.
/47 YOU WANT DEMOCRACY & ACCOUNTABILITY: Let the DOJ do its job & we must do ours to GOTV - canvass, phone-bank, text-bank, register voters, talk with friends and family, & use our social media platform to inform, inspire and engage. We do not have the luxury of despair.
/48 BEST 1/6 UPDATES:
•Teri Kanefield - @Teri_Kanefield
•. Scott MacFarlane - @MacFarlaneNews
•Empty Wheel - @emptywheel
•Barbara McQuade - @BarbMcQuade
•DOJ-DC Resource Page - justice.gov/usao-dc/capito…
•1/6 Committee - @January6thCmte

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