emptywheel (mr. blue sky) 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

Dec 18
Barry Loudermilk, page 18: Liz Cheney had too much authority.

@RepLoudermilk, page 12: @Liz_Cheney didn't have enough authority. Image
Image
Loudermilk relied on Trump's Truth Social posts, rather than sworn testimony. I guess @RepLoudermilk is so stupid he believes everything Trump says on Truth Social? Image
A big part of @RepLoudermilk's attack on Cheney amounts to insinuation that @realJodyHunt acted unethically, which seems like something he might want to avoid. Image
Read 10 tweets
Oct 29
Note that, contrary to common myths about the investigation into Trump, this subpoena PRECEDED Cassidy Hutchison's public testimony (and even Greg Jacob's, by a day).

The precedents were all set before Jack Smith was appointed.
Here's an interesting, almost entirely argument that bears on the immunity case. Trump was invoking Executive Privilege but (as Howell laid out) he was having such convos w/people outside of Exec, like Rudy.

storage.courtlistener.com/recap/gov.usco…Image
Howell ordered second batch of witnesses to testify on November 19. Trump asked for a stay on December 7. In the interim, witnesses testified. That almost certainly means they are 2 Pats & likely Eric Herschmann (which is consistent w/public timeline).

storage.courtlistener.com/recap/gov.usco…Image
Read 5 tweets
Oct 21
Liz Cheney, Maria Shriver, and Kamala Harris sitting on a stage talking about bipartisanship. Image
One dynamic of this I've been tracking is this: Harris SHOULD NOT be talking nitty gritty abt Jan6 bc of the prosecution. Well, Cheney is the expert. And she speaks it well.

As she did, guy in back was nodding over and over. Image
Cheney: In this election, we need to elect the responsible adult.
Read 7 tweets
Oct 18
It's definitely true that none of the files Jack Smith released are new.

But seeing all Trump's tweets in one place are useful as we attempt to prevent him from trying it again.

documentcloud.org/documents/2523…Image
Here's what the legal return of a "fired-by-tweet" tweet looks like. @C_C_Krebs

documentcloud.org/documents/2523…Image
Trump started on attacking 60 Minutes early this year. Image
Read 9 tweets
Oct 15
We're three weeks away from the election, and we have literally no idea what the business relationship with Trump Org and the Saudis/Emiratis is.

No one has asked if either of the failsons (or Lara) will get a job in the White House to cash out for $2B in 4 years.
Back during the Joe Biden Old month, I was begging journalists to focus on just 3 Qs:

1) Is Trump an agent of the Saudis?
2) What deals has Trump made w/Orbán/Putin?
3) Where are the missing classified docs?

emptywheel.net/2024/07/17/boi…
We learned last week (from the NYT, among others!) that Trump is bypassing transition laws, meaning he--and his sons, the Saudi business partners and transition team members--could just get payments from the Saudis all the way until inauguration.

nytimes.com/2024/10/09/us/…
Read 6 tweets
Oct 12
This is a legit question. First, gap arises from delays that were inevitable w/president and first attempt to prosecute one. That took 21 months at least.

Also, it's POSSIBLE Smith is avoiding indicting anyone else until he's sure Trump can't pardon them.
There are VERY subtle suggestions in the immunity filing that several people started cooperating after being exposed in state cases. But Mueller investigation is testament to why you can't cooperate your way up to Trump.
Or let me sum up delay better:
1) Trump conspired through lawyers. Each lawyer's phone/email took 9 months of privilege review.
2) Trump hid behind exec privilege: That took 10 months.
3) Immunity Q had to be decided. That has taken a year, so far.
Read 7 tweets

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