I can't get over the collective shrug this story is getting. The presumptive @GOP presidential candidate doxxes the Obamas on truth social, posting alleged address. A J6 def retruths it & then drives to address. Secret Service arrest J6er in his van with 2 guns & 100s of rounds/1
The USA's 28-page detention memo is here and ... /2 bit.ly/46ORQRV
A DC Superior Court judge today awarded $1mm in punitive damages to Metropolitan AME Church against Proud Boys Int'l and individual PBs Enrique Tarrio, Joe Biggs, Joe Bertino & PB supporter John Turano for destroying a BLM sign on 12/12/20. .../1 bit.ly/3XwCk8W
All defs defaulted. Def Ethan Nordean will likely be added to the judgment shortly. (Nordean's wife emailed judge in March arguing that he couldn't defend case while in middle of criminal prosecution.) ...
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Metropolitan African Methodist Episcopal (AME) Church is actually *not* the vandalized church referred to in the PBs' seditious conspiracy trial. That was Asbury United Methodist, from which a BLM banner was ripped down & then burned. But that same night the PBs ...
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Another great @pwnallthethings (Matt Tait) post that he kindly let us cross-post on @lawfareblog . There’s no norm against prosecuting former Presidents. (There is, however, a norm against Presidents & former Presidents committing crimes.)
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Tait cites passages from the Constitutional Convention & 3 Federalist Papers discussing how an ex-President, unlike the King, should be “liable to prosecution and punishment.”
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He reminds us that, under the Constitution’s impeachment clause, impeachment is explicitly *not* an exclusive sanction; impeached parties can still be prosecuted criminally.
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Here are two very helpful analyses of the 31 national defense/classified documents charged in Trump’s M-a-L indictment. One article is by @pwnallthethings (Matt Tait) who posted it on his substack & has allowed republication on @lawfareblog: bit.ly/3CovvfY
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In addition to explaining the classification markings and inferring what they might relate to, @pwnallthethings writes that charged doc 19, concerning “nuclear weaponry” & marked “FRD,” was *not* declassifiable by Trump at will—*even when Trump was president*. ...
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That’s because, as Tait explains, nuclear secrets are classified by statute (the Atomic Energy Act) and not just executive order. The president can’t unilaterally declassify those. ... bit.ly/3CovvfY
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A few arcane points for the curious. Why did S/C Jack Smith wait till today to release the indictment, letting Trump get the jump on framing the story? The answer is contained in Smith’s original motion to seal it: bit.ly/45WmRT9
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It’s a familiar story: decent people getting trounced by the indecent. Smith wanted to summon Trump & Nauta to their Tuesday arraignments while giving both time to make arrangements & giving law enforcement a chance to maintain “public order & security” ...
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Specifically, he wanted to ensure law enforcement could protect “public order, witness security, the integrity of judicial proceedings,” including protecting “witnesses against harassment and intimidation.” ...
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Last night, the govt responded to QAnon Shaman Jacob Chansley’s motion to vacate his sentence based on the videos Tucker Carlson aired in March. The gist: Virtually nothing was new & zero was exculpatory.
/1 bit.ly/43O9SBa
Carlson had focused on footage that showed an officer opening a door for Chansley and officers “escorting” him on the Senate floor. This was not new. Chansley’s original lawyer had discussed the officer-at-the-door footage with prosecutors in an email in May 2021 ...
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... 6 months before Chansley pleaded guilty and nearly 2 years before Carlson’s show. The officer was “not ‘escorting’ Chansley into the Chamber; ... he was trying, in vain, to convince Chansley & other members of the mob to leave the building.”
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Oath Keeper defendants Jessica Watkins, below L, at 9:30am, & Kenneth Harrelson, below R in red circle, at 1:30pm, are due to be sentenced today. I'll be live-tweeting for @lawfareblog if the media room is open.
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The govt originally sought 18 yrs for Watkins, tho USDJ Amit Mehta clearly won't be giving her that in light of yesterday's sentences. Mehta imposed 18 yrs on OK founder Stewart Rhodes yesterday & 12 yr. on FL OK Kelly Meggs yesterday, who was seen as 2d most culpable on J6.
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Govt views Watkins as 3d most culpable OK on J6, but she has a couple potentially mitigating circumstances. 1st, she was acquitted of seditious conspiracy &, 2d, as a transgender female, she has had a tough life & incarceration is likely unusually torturous for her.
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