emptywheel (ni-česká) 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

Jul 15
Also, she claims there has been little judicial scrutiny of this, ignoring the 4 precedents and Hunter Biden's similar challenge rejected by 2 Trump appointees.
Oh also: If she's right, statutes of limitation on Trump's alleged crimes go until 2027.

Hunter Biden's started expiring last year.
The hubris of someone with the confidence that these services rendered will be rewarded with a gratuity in a year's time. Image
Read 7 tweets
Jul 7
Some amusing bits about the media frenzy.

1) We've talked about little but Biden's age since January. Yet certain hacks with a gripe claim they were the only one telling that secret that led all the news.
2) CREDIBLE stories -- that is, the ones that quote people on the record and/or very specifically described people anon, rather than just inventing a conspiracy retroactively based on feels -- all describe a decline since January, and more in recent months.
3) MANY of the people posing as journalists appear not to understand there are two questions: Does he drop from the race, does he drop from the presidency.

Given that the more detailed reports are about STAMINA and speaking (not dementia), those are different things.
Read 7 tweets
Jun 25
Journalists (who should be smarter than right wing propagandists) all seem to be missing something about the MAL filing.

This blue leatherbound box is where these classified files were taken from -- the source of the famous pic released last August.

If you don't understand that, you understand almost nothing abt the filing.Image
Image
Image
How do we know the blue leatherbound box = the classified docs in the August box?

Warrant returns are your friend!!

So are item numbers, in which this box is IDed as item 2 and its contents 2A. Image
Why does it matter that that blue leatherbound box = the August picture = Item 2?

Because that's one of the central things they're fighting over, and certain right wing propagandists are lying about.

Q pertains to treatment of cover sheets.
Read 6 tweets
Jun 25
DOJ releases new pictures of Trump's stolen document boxes getting dumped.

storage.courtlistener.com/recap/gov.usco…
Image
Aileen Cannon is doing her best to prevent a trial before the election, but by all means make sure we get more pictures like this one (my annotations). This box had the most sensitive docs found.

storage.courtlistener.com/recap/gov.usco…
Image
DOJ reiterates their assertion that the cover sheets in the famous photo, AND close to 50 empty cover folders, were in the blue leatherbound box when they found it.

storage.courtlistener.com/recap/gov.usco…
Image
Read 4 tweets
Jun 24
Let's correct the false claims here.
1) Egypt National Bank convinced Beryl Howell they complied with this subpoena -- it's unclear how the Chinese records resolved.
2) Mueller didn't tank this investigation. After a long subpoena fight, he handed it over to DCUSAO.
3) That's precisely the same thing he did with Roger Stone investigation: After year-long subpoena delay, he handed over still ongoing investigation into whether Stone conspired w/RU on CFAA.
4) We know what happened to Stone investigation: Barr killed it, Trump killed it more.
5) We don't know, for sure, what happened to suspected Egyptian funding (via way of China??) investigation; it was killed in same weeks when Barr was killing most of the rest of Mueller. It's possible that refusal to subpoena Trump Org killed it.
Read 6 tweets
Jun 21
Reupping: Judge Hernán Vera denies Garrett Ziegler's MTD against Hunter Biden's lawsuit.

I'm still seeing people wildly misrepresent this lawsuit. It is not abt distributing data. It is about HACKING it.

emptywheel.net/2024/06/21/gar…
There was an iPhone--one central to the gun case against Hunter--saved ONLY in iTunes (not iCloud), and protected by a password. Ziegler admits he accessed it -- lots of journos have relied on him doing so. Q is whether doing so was accessing Hunter's data.
It'll be an interesting legal case (Ziegler is arguing that bc Hunter never owned the hard drive on which he, Ziegler, obtained the PWD-protected iPhone content, it is not Hunter's data). But it'll be still more interesting discovery.
Read 4 tweets

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