1. This is like a tough bar question on the Hearsay Rule.
If the people who were relaying the facts to #45 were all part of the conspiracy then it comes in as statement of a co-conspirator and not hearsay under the Federal rules. I would look for notes of a regular activity.
2. But I think she heard #45 say allow the weapons in because he believe they were not there to harm him. That is an admission of a party and not hearsay. I have an image of Merrick Garland eating popcorn.
3. One witness would be sufficient to prove the elements of Seditious Conspiracy, Advocating Overthrow and Incitement of Insurrection but to charge him with Levying War Treason, a capital crime, the Govt needs two witnesses for each element.
4. Any lawyer currently representing Trump may have just punched their ticket. Clear evidence of a crime that the defendant is still publicly engaged in committing is deadly for any attorney who will likely be put in the grand jury with the privilege waived.
5. I think they have Incitement probable cause. The question is whether it's simply inciting a riot or inciting insurrection. I think it's likely both.
6. McCarthy withheld that call from the public. This could be a career ending event for McCarthy. He has to stay close to Trump but now has to denounce him or just lie and end up in a grand jury to do it. Kobayashi Maru.
7. #45 after the speech. Engel and Orinato. What happened in the Beast. President wanted to go to the Capitol. #45 got irate. "I'm the f-ing president take me up to the Capitol now!" Tried to grab the steering wheel. Then lunged at Bobby Engel.
8. I'm still not hearing anything that sounds like an agreement to violence. It's a lot of inferences but not something that says "I want violence." But Sedious Conspiracy only requires force so it may be enough to charge him for that.
9. ". . .or by force to seize, take, or possess any property of the United States contrary to the authority thereo. . ."
#45 throws a tantrum and his plate. He'd done it before. Portrait of a madman.
10. I want to know if she has spoken to the @FBIWFO or possibly a grand jury. I would think she may have. If she has competent counsel then I would expect them to bring this to the @FBIWFO ASAP.
11. There is a clear inference that #45 intended to harm the Congress and others knowing that the mob was with him not against him. They need to tee Meadows up for life without parole and make him a deal he can't refuse. I would expect others like Engel and Ornato would be able
12. to provide testimony that #45 advocated violence. On Cipollone, I don't think he will ever talk. IMO he's like Manafort: The son of a made man.
13. #45s statement does not deny the testimony is accurate other than attacking Hutchinson's character generally but that is rebutted by the fact that he didn't get rid of her. But no specific denial. Any attorney representing him on the crimes should be horrified.
14. Meadows is the key IMO. Stone and Flynn enter the stage. "War Room" on the 5th. Meadows said he would move to the Willard. Work it with Secret Service. She said not smart to go to the Willard. Dials in.
15. Flynn takes the 5th on the attack, moral, legal, justified.
NB With all the comments about Meadow on his phone, occurs to to me that nitwits Clark and Easton may have both kept their same phone used in the coup attempt that will show what #45 had said about the violence.
16. Hang Mike Pence: Pat Cipollone and Meadows just arguably gave the DOJ attempted murder of the VP or conspiracy to murder the VP. That's the agreement to violence that is needed to charge #45. Now they just need to get Cipollone to confirm it. With the recent departures at
17. K&E I think they may already have it and Cipollone may have appeared in the grand jury and they ditched the Paul Clement Koch network team so that the knowledge of their client engaged in criminal conduct using the firm would not infect the entire firm.
18. Pondering the urgency of the hearing. Perhaps the DOJ has all of this and may have already returned an indictment so they could share it with the Committee under Rule 6(e). 🤞
19. The evidence of #45 threatening witnesses makes it close to impossible for Garland to not charge him and because somebody could be murdered it likely means he'll do it soon. Or perhaps he already did.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
1. It's fairly clear that the three #45 appointees willfully deceived the Senate in what amounts to a job interview that carries no immunity because it was unrelated to any official act. Therefore, if there is civil or criminal lability they have no immunity defense.
2. The Federalists and Leonard Leo working with Koch donors likely formed a rimmed hub spoke wheeled RICO conspiracy years ago. The move to put these radicals on the Court was done knowing they would deceive the Congress as to their intentions related to Roe. So what can be done?
3. What many attorneys find out is Civil RICO has limited standing rules. The statute gives a private AG action to persons injured in their "business or property." The many women and their families who are damaged may have a real injury but from experience I think judges would
1. Between what the SCOTUS did to supercharge @TheDemocrats base and the evidence that #45 and I presume members of @HouseGOP@SenateGOP were engaged in a criminal conspiracy on Jan 6 I think the midterms just got complicated for McConnell and McCarthy.
2. First, for any House or Senate member and Flynn they are looking at loss of all federal retirement benefits. That applies to them and a dependents under the Hiss Act.
3. For members of Congress and #45, a conviction of inciting insurrection or treason both carry a life-time federal office ban. I think that Cheney won't want to burn the GOP to the ground so I don't think they will go into much on the House and Senate complicity in the coup.
1. Fun fact: I did a computer forensic case that I personally recovered thousands of copies of the stolen software they thought they had deleted. I used images created by the same software the FBI uses.
2. What they need is a daily burner phone and a shredder that can eat phones. One every day.
3. Easiest way to explain deleted files is the old-time library example. A book is placed in stacks and card catalogue records the name, author and the location in the library. Deleting the card catalogue entry is similar to deleting the computer file. The book's still there.
1. What is most disturbing about Kennedy, the school prayer case that SCOTUS decided today is, as Justice Sotomayor's dissent laid out in detail, the majority opinion simply misstated the actual record. It almost seems as if they are trying to start sectarian violence.
2. I return to my theory that religions that try this sort of overreach will become hated and people who don't want to practice their religion will eventually seek to prevent it by confrontation that can lead to strife.
3. The majority didn't mention the fact that the troublesome coach had created conditions on the field that put peoples' safety at risk nor did they even mention that the Satanists were demanding equal time. But now with this step closer to a conservative Christian theocracy
1. I've seen no evidence that folks like @PPFA or other reproductive rights groups have been ready to move to challenge these new anti-abortion laws. I get the impression that nobody read the opinions in Dobbs. The law that passed rational basis allows abortions to nine months.
2. That's the baseline of the holding. Anything like Mississippi's statute is likely to pass rational basis. But these other statutes that are largely the product of extreme religious beliefs of the legislature can be attacked on intentional discrimination under the 1st Am.
3. The idea that nobody is ready to go to court to enjoin these other statues is shocking. Read Roberts' and Kavanaugh's dissents. They concurred in the judgment that held that the Mississippi law that allows abortions for any reason for 15 weeks and for