emptywheel (chequer) Profile picture
Dec 24, 2022 16 tweets 7 min read Read on X
Flynn's sorry-ass refusal to march to the Capitol bc it was too cold on Jan6 is hilarious for a lot of reasons, but it has significant ramifications for both the Oath Keepers and Brandon Straka.

documentcloud.org/documents/2352…
But a lot of this also falls out from the VIP fight (the Report is a bit thin on that too, not even mentioning Flynn): Had Flynn and Stone gotten their speaking role, they likely would have marched.

The effect was likely the same (except for Straka and the Oath Keepers).
The Report relies on claims Alex Jones made on his own show for details about his movement, which makes it about as reliable as the claim that Sandy Hook victims were just crisis actors.
I can't tell you how many times TV lawyers told me Alex Jones was not a key link between the White House and the Proud Boys giving shape to the attack.

Some of those same TV lawyers discovered, for the first time, that Proud Boys marched to the Capitol before Trump spoke.
The Report chooses not to rely on Tim Kelly's ruling debunking this claim, nor does it point out that Jones went nowhere near the stage the permit of which he invoked, nor does it focus on Ali Alexander, who arranged the permits and was right there in the video.
The Report generally does well at incorporating materials from court documents into the larger whole. But it's curious that J6C chose NOT to include the part of Matthew Greene's statement of offense where he described the POINT of crowding the Capitol was to pressure Pence.
Here's that bit from Greene's SOO.
justice.gov/usao-dc/press-…
Congratulations to failed GOP Gov candidate Ryan Kelley, who delayed pleading long enough for DOJ to add this false claim to his charges, if they decide to add a felony to your charges. (He continued his case in early December to February.)
This is one of many reasons why J6C's referral of incitement of insurrection referral will go nowhere.

How did Trump incite the Proud Boys if they didn't attend his speech?

You gotta prove that OTHERS committed insurrection, and for the most part, the evidence is thinner.
This passage on Ron Loehrke relies entirely on his arrest affidavit, not video, which is unfortunate bc the #SeditionHunters did a superb video showing him directing traffic on the W side.

Also I wish J6C would ID military experience--he's a Marine.

One moment I wish they had included a picture, bc Johnny Gordon and his tats is one of my favorite rioters.
I've said a couple of times that not discussing the veterans who played key roles in the attack was a missed opportunity. Here's a report from April 2021 on about that.

extremism.gwu.edu/sites/g/files/…
According to GWU's track, the % of rioters with military experience was right at that level (up a percentage, actually), to 13%, 19 months later.

Our military trained a lot of men and some women to carry out this attack, and we need to reckon with that.

extremism.gwu.edu/Capitol-Hill-S…
The Report DOES describe Robert Morss' military background.
The Report DOES describe that Alex Jones radicalized Danny Rodriguez.

[Note it doesn't focus on anti-maskers as much as other networks.]
The description of how the cops cleared the Capitol is really useful. Bc this is not evidence of a crime, these video angles don't make court filings.

And this video is not publicly available.

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More from @emptywheel

Jun 14
Propaganda outlet with ties to Russia complains that journalist factually reports about the laptop.

But sure--it wasn't a Russian information op at all. Image
Here are the guts of the @pbump argument that has pro-Russian propagandists in a tizzy.

1) FBI laptop ≠ Rudy laptop
2) There's a difference between authentic laptop and false claims about what's on it Image
@pbump Oops: Here's a link.

washingtonpost.com/politics/2024/…
Read 5 tweets
Jun 14
It's important to note two things about the propaganda virtually all media outlets did wrt Trump's return to the scene of the crime the other day.

First, they didn't exact a cost for Republicans welcoming a criminal. That's insane, but so normalized, everyone did it.
But then outlets went one step further. They pitched this meeting as a sign of unity.

It wasn't a sign of "unity" in the terms post-convention meetings are.

It was a sign of obeisance. A public instance where everyone would happily go on camera and clap for a crook.
It wasn't a NEWS event.

It was a process of normalizing crime, one that journalists willingly made themselves part of (especially AP).

It TRAINED the press to report normalization of a criminal protection racket as normal.
Read 4 tweets
Jun 11
There's been some confused reporting on this. What the juror is describing is that the jury didn't not find his lie was material at first.

That makes sense: the gun shop sold the gun even tho form was incomplete anyway.
The juror also wisely said Naomi shouldn't have testified.

[It's not clear he understands that the defense called her.]
Interestingly, the juror doesn't seem to understand that DE held the gun for OVER 5 years.

They didn't investigate this until AFTER they indicted.
Read 4 tweets
Jun 10
Lots of commentary described that Leo Wise said they overwhelmed jury w/evidence bc they had to. He was saying something more subtle: bc Hunter hadn't stipulated to being an addict, they had to.

Still doesn't explain the need to provide mostly comms entirely unrelated to period. Image
Here's Leo Wise arguing that if someone hasn't been to rehab then they may not know they're an addict so they could argue they weren't knowingly an addict when they possessed which is fucked on a number of levels, and ALSO doesn't deal with the AA issue. Image
Wise doth protest too much, methinks.

If they don't get a guilty verdict on possession, which I think they likely will get, it will because they decided to bazooka a bunch of shit from 4 years of addiction rather than the period actually at issue. If I were a juror I'd be pissed.Image
Read 9 tweets
Jun 9
Here's an example of one of the puzzles abt the messages from the laptop. It's an August 8, 2018 SMS text saved as a message on the laptop.

The laptop did not register to Hunter Biden's iCloud account until October 21, 2018, months later.
documentcloud.org/documents/2473…
Image
Here's a table showing where the comms prosecutors planned, pretrial, to include on summary came from. Pink was validated by Hallie Biden. Blue is stuff Hunter tried unsuccessfully to exclude on other grounds. Image
As you can see, those two 8/8 SMS texts are entirely isolated. The only other message that predates the actual laptop is this 10/8/18 iMessage account to someone who had accounts with Hunter. The Apple email in question was used more for business. Image
Read 6 tweets
Jun 9
This, from Ankush Khardori, is one of the better reports on what led to the Hunter Biden prosecution. For example, it correctly describes that Judge Noreika killed the plea deal.

Many outlets falsely claim Hunter declined it.

politico.com/news/magazine/…
Image
But even there, there are two problems.

First, it is uncontested that Weiss' office told Hunter's lawyer in June 2023 there WAS no pending investigation against him (eg, FARA). When Leo Wise said there was, it reneged on the plea as agreed.
Also, Noreika killed two things:

1) the plea deal
2) the diversion

It's not clear what legal authority she had to kill the diversion, a contract between DOJ and Hunter. THAT's what would have immunized him from this case.
Read 10 tweets

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