emptywheel Profile picture
Dec 24 16 tweets 7 min read
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 24
Chris Krebs, the guy fired by tweet, didn't do the campaign briefings bc he was a Trump political appointee.

documentcloud.org/documents/2351… Image
Really looking forward to the corrections of the conspiracy theorists who've written about CISA w/o the most basic understanding of what it does.
Those same conspiracy theorists might want to read how CISA fought the Iranian disinformation campaign targeting THE PROUD BOYS, an effort approved by the White House.

Let's see the Twitter warnings on that, shall we?

documentcloud.org/documents/2351… Image
Read 15 tweets
Dec 24
Those who are primarily focused on the fake elector plots would do REALLY well to read Ken Klukowski's two transcripts closely.

documentcloud.org/documents/2351…

documentcloud.org/documents/2351…
That's true bc as a recent GJ unsealing revealed, Klukowski is being investigated in parallel with John Eastman and Jeffrey Clark (and a fourth person who is not a lawyer) -- I wouldn't be surprised if DOJ has seized his phone.

emptywheel.net/2022/12/20/the…
Klukowski, as it turns out, is the kind of person who might be REALLY SURPRISED by what he has unwittingly stored in his iCloud account.
Read 15 tweets
Dec 23
J6C didn't give the actual attack chapter a fancy title, like they did all other sections.

I would have used, "Normies smashing pigs to dust" but that might have had a problematic effect on the Proud Boy trial starting next month.

documentcloud.org/documents/2352…
Here's how J6C introduces Joe Biggs' background, and the sourcing it uses.

Nothing about his military experience.

Nothing about WHY he left InfoWars (and the role he had in PizzaGate and Seth Rich).

Nothing abt ties to Stone.
Imagine if the J6C report had included a recommendation that said, "Dick Cheney's wars left thousands of former soldiers broken and often mentally ill, which made them easy prey for incitement from people like Donald Trump and we need to address those wounds now"?
Read 4 tweets
Dec 23
Here's one of the recommendations from the J6C Report: Fix laws (1512(c)(2)) if DC Circuit or SCOTUS says it doesn't apply.

documentcloud.org/documents/2352…
I'm only the person who pointed to the import of 1512(c)(2) 4 months before Liz Cheney discovered it, but J6C would have done well to lay out what Official Proceedings and Corrupt mean, and to explain how UNDER ANY DEFINITION, it applies to Trump.

emptywheel.net/2022/12/20/the…
I also think that there's ALREADY an identified gap at sedition and insurrection. J6C referred Trump for insurrection, but since no one has been charged with it, it would be impossible to prove Trump incited it (tho it should be doable to get an enhancement under 1512).
Read 5 tweets
Dec 23
The J6C relied on a Ryan Goodman post rather than court docs for the Roger Stone-Proud Boy attack on ABJ in 2019, which discredits that work in about 8 ways AND avoids talking about LONGSTANDING cooperation between Stone and PBs on violent threats.

documentcloud.org/documents/2352…
Tho apparently Kristin Davis had some interesting things to say about Roger's chats with Trump over the pardon thanks.

documentcloud.org/documents/2352…
Similarly, their sourcing on QAnon -- and the far right generally -- barely scratches the surface of a lot of really important research work that has been done.

documentcloud.org/documents/2352…
Read 15 tweets
Dec 22
Kathy Berden, a very close associate of Ronna McDaniel, was represented by Harmeet Dhillon's law firm in her deposition before Jan6 Committee. Kind of nutty given Harmeet's challenge to Ronna.

documentcloud.org/documents/2350…
Berden didn't understand what a lawyer would mean by "hard copy."
Berden, the subpoena of whom triggered the censure of Liz Cheney, didn't want to talk about whether she was a GOP elector.
Read 17 tweets

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