What to make of the 1/6 committee report that dropped last night?
I was live on CNN for real-time reaction about the takeaways & surprises
A thread
1. First, last, and foremost, Trump committed crimes…
2. Take for example the contrast b/w one of the new things we learned:
The national guard commander wanted to deploy on his own & Trump’s 187 minutes of inaction
3. Here's a screenshot of Major General Walker's statements
4. Trump couldn’t count on the military on 1/6--instead, we had an attempted coup by lawyers
The 1/6 comm.'s report gave us new details about those individuals, including about lesser-known lawyer Ken Cheseboro
5. Here's a screenshot the report's discussion of those Cheseboro communications
6. Reading the full report w/ the ES, it’s clear that the main focus of the criminal referrals are 4 lawyers—Eastman, Clark, Giuliani & Cheseboro—plus 2 “client" coup plotters—Trump & Meadows
That disciplined, short list is what the comm. is encouraging a prosecutorial focus on
7. By the way the potential lawyer liability didn't stop on 1/6
The comm. also unearthed extremely disturbing details of Passantino's representation
@waltshaub had a good thread on this pointing out some troubling similarities to how mob lawyers operate
9. First, when you put the new recommendations section together w/ the criminal referrals, it’s clear they’re saying Trump should be disqualified under Section 3 of the 14A
12. As I explained to @thelauracoates on @CNNTonight, I think we’re going to see disqualification efforts against Trump from coast to coast
The committee seems to invite it 👇
13. Next?
Bar referrals
The comm. writes that lawyers shouldn't "use their law licenses to undermine the constitutional & statutory process for peacefully transferring power in our gov't."
14.H/t @tribelaw for noting critical email from our Chesebro ethics complaint not in the report, his email that SCOTUS intervention would “become more favorable if the justices start to fear that there will be ‘wild’ chaos on 1/6 unless they rule by then…”ldad.org/wp-content/upl…
15. That 12/24/20 Cheseboro email and much else will undoubtedly be released in the days ahead as the committee follows through on posting all of its transcripts & evidence for posterity.
But...
16. Here are some things that are not in the report just b/c the committee didn’t have the investigative powers to get them
DOJ does & must probe—Trump confidant Roger Stone’s connection w/ the militias & whether he was a conduit to Trump or Trump World?
17. Exactly what went on in the Willard War Room & exactly how did it connect w/ Trump and Meadows?
18. What was the full extent of involvement of members of Congress in the insurrection, such as what were those papers that Meadows burned in his fireplace after Rep. Scott Perry (whose phone has been seized by the feds!) visited him?
Of its many good points, I thought emphasizing the racist aspects of the insurrections & its run-up was striking justsecurity.org/84551/importan…
20. Meanwhile, @JRubinBlogger was at her usual incisive best in pointing out that “the most alarming information…cover[s] the right wing extremists" & Trump enabling them washingtonpost.com/opinions/2022/…
24. But wait, there’s more! @JoyceWhiteVance Substack offers one of the more comprehensive analyses I’ve read, going chapter by chapter, including with a federal prosecutorial eye. She cautions that…
25. “We get potential charges and the evidence for them, but we don’t get the arguments the defense would make. And we don’t know what different evidence…DOJ has in its possession. All that to say, it’s still difficult to assess whether we should expect a federal prosecution…”
26. Then there’s @harrylitman with what he tongue in cheek terms the “new art form” of a long Twitter thread ala yours truly (@renato_mariotti is my inspiration!). But Harry does me 1 better…no, 10 better by giving us a Top 10 list of new revelations (+2 points about the recs)
When we @statesunited filed a bar complaint against John Eastman we didn’t do so lightly. Eastman repeatedly took steps that violated our democracy.
A thread 🧵
On December 1st Eastman wrote a memo and distributed it to Georgia state legislators about "election fraud" that was based on analysis from sources like “DuckDiver19” — a suspended Twitter account.
December 3rd Eastman testified before Georgia State Senators that the 2020 election was a “failed election” and encouraged them to “adopt a slate of electors yourself.”
2/x Hamadeh hearing is likely going to be shorter than expected b/c plaintiffs have no witnesses or evidence beyond a small handful of disputed ballots from the Maricopa County ballot inspection yesterday.
3/x Defense plans to present at least Scott Jarrett to walk through Maricopa County's ballot adjudication process but their case will likely be somewhat limited given plaintiff's dearth of evidence.
Additional background:
Parties were supposed to agree on scope of ballot inspection yesterday but Hamadeh insisted on accessing Cast Vote Record (CVR) in addition to actual ballots. Statutes don't allow for examining CVR but Hamadeh’s counsel argued it’s implicitly covered...
2/x
Court rejected CVR request & ordered parties to complete ballot inspection today so trial can start tmrw 9am local. Parties must exchange exhibits & witness lists today by 4pm local
3/x
I think the judge will understand how everything Baris is saying is junk statistics but his testimony is definitely playing to conspiracy theorists.
He is very argumentative and pitching his business; I’m hoping the lawyers tie together all the weaknesses at closing!
2/x
Baris claims he’s never inaccurately predicted an election outside the sampling error
To clarify, that could mean he INCORRECTLY predicts the winner of elections all the time but does so within margin of error (a margin created by their own sampling and prediction choices)!
3/x
As Zelensky triumphantly enters the House & appears before its members & the senators, can’t help but think about all the time I spent (below w Pelosi & Nadler) in this identical spot prosecuting Trump for blackmailing the Ukrainian president. Zelensky resisted Trump too!
He is just right that the world is too interconnected to ignore aggression like Putin’s against him. Was also true of the aggression against him by Trump, which is why we did not ignore it.