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Oct 13 24 tweets 9 min read
Our space is open!

Tweet questions at us and hopefully we will get to you at the end of our panel!
.@qjurecic wondered if this was going to be a "clips show" but was pleasantly surprised.

Biggest news for her was the 5 minutes of footage of leaders of Congress discussing what to do about the riot--calling other leaders for help. Shows how dire the situation was.
.@qjurecic also struck by the tips the Secret Service received, that violence was going to happen, that people could be killed.

Shows that Trump knew what could happen- "seems like a premeditated plan and that he wanted to be there."
.@ARozenshtein: "One thing that I learned is that Nancy Pelosi is a badass." He was very impressed with the footage we watched of her taking charge and trying to deal with the situation.
@ARozenshtein .@ARozenshtein says that Trump asking to be driven to the Capitol, these things, do not qualify as free speech, that they stray into "overt acts."

Alan has written about this before: lawfareblog.com/cassidy-hutchi…
.@mollyereynolds: "This hearing also reminded us of how exceptional this hearing has been."

The Committee held under wraps that they were going to vote on the subpoena. Press only found out minutes before.

We haven't seen things like this before, Molly says.
"He knew that he had lost. He knew that folks were armed."

@ARozenshtein talks about the state of mind of Trump as he gave his speech on January 6.

That plus him trying so hard to go to the Capitol "establishes intent," Alan tells us.
.@qjureci: The intelligence agencies have said to Congress that they didn't know January 6 was going to happen.

This seems to not be credible and today we have documentation.

(Quinta wrote about before: lawfareblog.com/why-didnt-fbi-…)
.@qjurecic calls it concerning how intelligence & law enforcement agencies, they seemed not to take January 6 seriously beforehand.

She wishes that other committees have been more active in pursuing why these agencies were not more active. Need to know so can prevent in future.
.@mollyereynolds points to episode 4 of #TheAftermath as a way for listeners to hear about how Congress responded to January 6 before creating the Committee. Initially really constructive bipartisan investigations.

lawfareblog.com/aftermath-podc…
.@ARozenshtein thinks the subpoena is "a nothingburger."

"No way," Alan says, that anything will get resolved until after the election and only if Dems win the House.
.@qjurecic: the value is not will or will not this get Trump in front of the Cmte. "It is a symbolic measure," which also has value.
.@mollyereynolds: It may have taken until now for the Cmte to agree that today's subpoena vote was the step to take. The Cmte has focused on consensus.
.@benjaminwittes thinks the subpoena is a bigger deal than the rest of the panel.

Believes that the subpoena elevates the stakes in the Midterm election. Thinks Dem candidates can point to subpoena and say, this is why you should vote for me.
.@benjaminwittes: "if you are the Cmte, why NOT send a referral (of criminal contempt charges of Trump) to the DOJ (soon)?" Ben thinks 30% chance that it all turns into something real.

@ARozenshtein remains skeptical that anything will happen.
We learned nothing about Ginni Thomas (wife of SCOTUS judge Thomas) today.

@qjurecic not surprised.

The Cmte did not record the testimony--maybe they did not want to include for that reason, or maybe GT had nothing to add, or maybe we will just hear it in the upcoming report.
Time for audience questions! tweet at us!
A listener comes on to ask about the balance of power between Congress and the Executive branch.

@mollyereynolds tells us about how Executive Branch has clawed power away from Congress over time. "We need a more muscular Congress," she says, but is not optimistic about it.
About this balance of power question, @ARozenshtein points out that the framers of the constitution did not think about political parties.

Balance of power was meant to be between institutions, but this gets screwed up when you add partisanship.
@ARozenshtein .@ARozenshtein says that party members don't care about balance of power between institutions-- they just want to make sure that the institution where they have power, has the most power.
.@qjurecic thinks the Cmte has done an incredible job calling out "aberrant political behavior" and making the argument that the danger has not passed, we may face this again.

Harder to say if it will have the desired impact on future political behavior.
@qjurecic .@qjurecic points out that the two Republicans on the Cmte have lost their jobs, that election denial-ism is on the rise in the GOP.

She thinks the Cmte is "fighting the good fight" but doesn't know if they will win.
And that's it!

If you missed it, you can listen below or wait for the edited version tomorrow on the Lawfare Podcast.

twitter.com/i/spaces/1ZkKz…

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More from @lawfareblog

Oct 13
Shout out to everyone who responded with what snacks they are having, y'all are eating well!
Remember, if you have questions about the hearing, tweet your questions at us and we may answer them live on Twitter after!

twitter.com/i/spaces/1ZkKz…
Read 11 tweets
Oct 12
President Biden and Vice President Harris released their administration's first National Security Strategy (NSS), supplanting the administration's Interim National Security Strategic Guidance put forth last year.

On site with summary from @hyeminjhan: lawfareblog.com/biden-harris-a…
The first section set out the administration's "enduring vision" for the U.S.'s coming decade, using the concept of competition to capture its understanding of the current global security landscape.

lawfareblog.com/biden-harris-a…
The second outlines the administration's views on investment priorities to strengthen the United States's "national power," both in terms of domestic infrastructure as well as diplomatic partnerships internationally.

lawfareblog.com/biden-harris-a…
Read 5 tweets
Sep 22
Judge Cannon struck down two sections of her 9/5 order to appoint a Special Master.

On our site with summary thx to @katherinepomps: lawfareblog.com/cannon-strikes…
The stricken provisions include

1/2: The requirement of the Special Master to submit interim reports and recommendations to the court throughout their review

lawfareblog.com/cannon-strikes…
And

2/2: the requirement that classified documents under review be made available to Trump’s counsel for inspection under supervision of the special master.

lawfareblog.com/cannon-strikes…
Read 5 tweets
Sep 22
On Wednesday evening, the Eleventh Circuit Court of Appeals issued an opinion granting the Justice Department's motion for a partial stay.

On our site thanks to @nkorpett:

lawfareblog.com/eleventh-circu…
The department's motion, which was filed only last week, had asked the court to stay that portion of Judge Aileen Cannon's order that enjoined its review and use of approximately 100 classified documents.
The court first held that the government was likely to succeed on its claim that Cannon had erred in exercising equitable jurisdiction to enjoin the department's review and use of the marked classified documents and to require their production for the Special Master's review.
Read 7 tweets
Sep 2
Out now--The more detailed Receipt of Property that lists items collected during the FBI's Aug. 8 search of former President Trump's Mar-a-Lago residence.

Shall we read it together?

(with thanks to @hyeminjhan)
lawfareblog.com/receipt-proper…
Item #1: Documents from Office
- 1 doc with SECRET markings
- 2 documents/photographs without classification markings

lawfareblog.com/receipt-proper…
Item #2: Box/Container from Office
- 99 magazines/newspapers/press etc dated 2017-18
- 2 CONFIDENTIAL docs
- 7 TOP SECRET docs
- 69 docs without classification markings
- 43 empty folders marked CLASSIFIED
- 28 empty folders marked "Return to Staff Secretary/Miliary Aide"
Read 35 tweets
Aug 31
Something exciting going up on the site in a few minutes 😉

Cc @scottjshapiro @benjaminwittes Image
@scottjshapiro @benjaminwittes We are delighted to announce a first on Lawfare: A live online class on hacking and cybersecurity.

Read the post on our site (and get the link to sign up!) or keep reading below

lawfareblog.com/lawfare-hackin…
The live-course will be open to Lawfare’s material supporters, and we will edit and post each recorded class session onto YouTube as videos that will amount to a public course on computer hacking.

lawfareblog.com/lawfare-hackin…
Read 6 tweets

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