Thread by @lawfareblog

And we are on for 4:15pm ET to discuss today's #January6thCommitteeHearings

Hosted by @benjaminwittes, panel includes @qjurecic @nkorpett @rparloff @S_R_Anders and sometimes @mollyereynolds

twitter.com/i/spaces/1mnxe…

Space is open!

#January6thCommitteeHearings

twitter.com/i/spaces/1mnxe…

.@nkorpett describes today at a good summary for people who haven't been able to follow the Jan 6 investigation before now.

@qjurecic was stunned today, "a bombshell," the fact that Trump planned in advance to march on the Capitol.

#January6thCommitteeHearings

.@qjurecic shocked to hear of more witness tampering. Earlier this week at our Patreon-only event, Quinta called the witness tampering "straight out of the Mueller Investigation."

#January6thCommitteeHearings

@qjurecic The information about references to Mike Pence in Trump's speech was new to @rparloff. He thinks this is significant in light of the fact that Trump "knew he was talking to an armed mob."

#January6thCommitteeHearings

https://twitter.com/lawfareblog/status/1546934551813001216?s=20&t=cHm8DtsIZe8dy0NszrMQ5g

@qjurecic @rparloff .@S_R_Anders says if you are looking for the hearings to build a criminal case, you will be disappointed. The hearings are telling a story, presenting personal culpability (not legal liability) of Trump and others.

#January6thCommitteeHearings

While @rparloff wasn't sure of the witnesses today, @S_R_Anders says that they had political impact, showing the people that Trump has swindled, the people he has hurt. He thinks it could weaken Trump politically.

#January6thCommitteeHearings

Our Space turns to the "Unhinged Meeting," @qjurecic will break it down.

'Unhinged' comes from a text from C Hutchinson.

#January6thCommitteeHearings

https://twitter.com/lawfareblog/status/1546915675293290502?s=20&t=cHm8DtsIZe8dy0NszrMQ5g

@qjurecic Th Unhinged Meeting had to do with a draft report by S Powell and others that the Federal government would seize voting machines.

They were told "I don't even know why I have to tell you that that's a bad thing to do."

#January6thCommitteeHearings

https://twitter.com/lawfareblog/status/1546912484619075585?s=20&t=cHm8DtsIZe8dy0NszrMQ5g

@qjurecic "it is very very clear that this is Trump wanting to listen to the Sidney Powell caucus, and most folks in the White House feeling extremely [worried] where that might lead."

- @qjurecic on the Unhinged Meeting. #January6thCommitteeHearings

Our Space turns to talking about the edits to Trump's tweet and speech prior to Jan 6.

@nkorpett and @qjurecic think it emphasizes premeditation on behalf of Trump. Quinta further says it shows the dynamic of Trump insisting on going ahead despite contrary advice.

Trump's edits prior to the insurrection, and the changes in the final delivery---this gives a lot more clarity into Trump's state of mind. It hammers home that Trump wanted to go to the Capitol, it was premeditated, he tried to get there.

@qjurecic

#January6thCommitteeHearings

.@nkorpett talks about today's hearing and what we knew about other efforts to overturn the 2020 election. Some of what we heard today was straight out of the Eastman memo.

#January6thCommitteeHearings

(See @benjaminwittes article on Eastman: lawfareblog.com/donald-trump-j…)

Against most of our Space, @benjaminwittes was disappointed with today's hearing. He thinks there wasn't much new, and didn't think we learned about a relationship between Trump and the radical groups. "We walked away with what we walked in with."

#January6thCommitteeHearings

@benjaminwittes .@benjaminwittes thinks today's hearing did not show an order or suggestion, private or public, from Trump to the insurrectionists.

@rparloff also wanted to hear more along those lines. Disappointing.

#January6thCommitteeHearings

Will be opening to audience questions soon!

#January6thCommitteeHearings

twitter.com/i/spaces/1mnxe…

First audience question in our Space is whether the allegation of Trump tampering with witnesses-will that lead to anything?

@rparloff calls it a bad look, but we have so far is not enough evidence.

Calling someone is not enough to prove obstruction.

#January6thHearings

@rparloff .@qjurecic says that Trump's team has "a habit" of leaving incriminating voicemail messages, so she would not be surprised if there's more on the witness tampering.

@nkorpett doesn't think there needs to be a message. May be other circumstantial evidence.

#January6thHearings

Listener question about the former militia man's testimony. She is worried about domestic terrorism, is enough being done to address in USA?

@S_R_Anders is on deck to answer. He brings up the episode we tweeted earlier about American radicalism: lawfareblog.com/lawfare-podcas…

.@benjaminwittes corrects an assumption, says that is is not a problem that we do not have a domestic terror statute. Everything discussed is illegal.

#January6thCommitteeHearings

@benjaminwittes .@rparloff brings up a recent @ktbenner article which felt like "a kick in the gut" to him.

Benner has written much about January 6, hear her talk about it on our podcast #TheAftermath.

#January6thCommitteeHearings

lawfareblog.com/aftermath-podc…

Listener wants to know why it is even a question about whether an incitement case can be brought against case.

@rparloff explains there is a very high bar for 1st amendment cases. @nkorpett gives a 101 on the legal issues involved.

#January6thCommitteeHearings

@rparloff @nkorpett .@nkorpett shares frustration about wanting DOJ to act now. But she cautions that there are a lot of ways that the government should and IS responding that are worth considering. The hearings are part of that.

And it's what #TheAftermath is about: lawfareblog.com/aftermath-podc…

@rparloff @nkorpett "The criminal law [may not be] sufficient, because January 6 was so unprecedented..."
- @nkorpett

#January6thCommitteeHearings

Penultimate note from executive editor @nkorpett, with a word about our January 6 resource page. If you had a question and didn't get a chance to ask it, you may find your answers here: lawfareblog.com/confronting-ca…

And that's it! Thanks for joining us if you were able to, if not then you can listen below or wait till tomorrow and hear it on the Lawfare Podcast.

twitter.com/i/spaces/1mnxe…