emptywheel Profile picture
Aug 3 10 tweets 3 min read Twitter logo Read on Twitter
Gonna reup this bc there is a flood of ignorant bullshit about what the investigation took to get to this weeks' indictment. Here are the accounts that Rudy claimed (if you can believe him) he conducted his coup plotting on.

https://t.co/nev7uCkjCJstorage.courtlistener.com/recap/gov.usco…
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This alleged conspiracy was conducted BY LAWYERS using ENCRYPTED APPs.

If you read something about how long this investigation took that doesn't address those two facts, you can use it as kitty litter.
When a conspiracy is conducted BY LAWYERS on ENCRYPTED APPS, it means you have to go phone by phone (bc that's how you get the encrypted apps), and for each one conduct a privilege review.
We know the phones used in this conspiracy were seized on the following dates:

Rudy: April 28, 2021
John Eastman: June 2022
Jeffrey Clark: June 2022
Boris Epshteyn: September 2022
Mike Roman: September 2022

Each phone of a lawyer will take AT LEAST 6 months to review.
Rudy's privilege review, which was set into motion on LITERALLY Lisa Monaco's first day on the job, took 9 months. DOJ successfully got EVERYTHING reviewed, meaning when J6 got PC for it, the content was ready.
We can't prove when Jan6 got Rudy's January 6 content, but there are at least 5,000 items from the phone seized on April 28, 2021 that were from Jan6 conspiring.

Bc DOJ did a Special Master, it appears Rudy failed to invoke privilege over anything that was not his own lawyer.
And as this post lays out, not only was DOJ taking overt steps in the fake electors plot b4 J6C's first hearing, but their FOCUS was different--and in a way that might suggest DOJ's leads came from Rudy's phones.

emptywheel.net/2023/06/26/non…
So JUST on the fact that this conspiracy was committed BY LAWYERS using ENCRYPTED APPS explains a great deal of what has taken 2 years.

Now add in EP claims. It took from 7/22 to 4/27/23 to work through all the high level EP witnesses.
Also: The investigation into Sidney Powell, CC3, was overt by September 2021.

No idea when or if they got her phone. But the investigation into her was literally overt before J6C issued their first subpoena.
Here's a list (as of January) of all the OTHER lawyers who were witnesses and subjects in this investigation. The list is now over 30.

Again, with each one, you have to do privilege reviews.

emptywheel.net/2023/01/09/at-…

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More from @emptywheel

Aug 4
Because there are a lot of new people showing an interest in January 6 prosecutions for some reason, I wanted to share the BOILERPLATE that DOJ uses for obstruction defendants -- people just like Donald Trump charged with obstructing the vote certification.
These come from Hostetter--a bunch of guys, who like Donald Trump, didn't enter the Capitol itself but played a part in obstructing the vote count. But what I'm sharing is BOILERPLATE.

It has been used in dozens if not a hundred cases already.
This boilerplate includes two things. Always.

First, that DOJ can introduce people's own speech (on the obstruction count) for intent and motive.

https://t.co/uEd6iNbqnldocumentcloud.org/documents/2389…
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Read 6 tweets
Aug 4
¶28 of 32 in this WaPo story as much as admits they chasing the spectacle Trump has artificially set up. (They don't disclose if any of THEM were in the motorcade, tho.)

https://t.co/MbbkyfRssuwashingtonpost.com/politics/2023/…
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But the entire story -- all 28 of it -- is based on this premise, which appears in ¶4. Image
If WaPo had assigned a DOJ journalist, rather than 3 political journalists, they might be able to point out that THE ENTIRE PREMISE is wrong. Image
Read 5 tweets
Aug 4
Looks like when Strzok and Page's lawsuit goes to trial, we're going to learn details of how FBI Agents who send racist texts on their FBI devices don't get fired.

https://t.co/t0dpOxV5pZdocumentcloud.org/documents/2389…

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Also looks like we're going to learn that Chris Wray doesn't remember any of the meetings where firing Strzok and Page may have come up.

Now do you suppose he didn't take notes bc he didn't come up thru the Bureau or bc he knew Trump doesn't like people who take notes?

🤔 Image
Interjection: This is Strzok's response to DOJ's mandamus petition against Amy Berman Jackson, who ruled that Strzok can depose Trump for 2 hours on this issue.

TRUMP claims to remember his demands that Strzok be fired, even if Wray does not.
Read 4 tweets
Aug 3
.@ryanlcooper says that DOJ should have skipped the privilege reviews on the phones and email accounts of Trump's 5-6 lawyer co-conspirators, thereby guaranteeing DOJ lose the case.
@ryanlcooper I know you people don't REALIZE you're demanding really stupid things, including the violation of precisely the rules we're supposed to be upholding. But bc you're writing w/o learning fuckall about the case, that's what you're doing.
@ryanlcooper It took 9 months to do a privilege review of Rudy's phone. Lisa Monaco started that process LITERALLY on her first day on the job.

It took >12 months to get into Enrique Tarrio's phone, and he's not even a lawyer!!

DOJ has been trying w/Scott Perry's phone for a year ago.
Read 8 tweets
Aug 3
This this is UTTERLY untethered to the charges in the indictment.

Like, it's literally Maggie and Mike PERFORMING precisely what they're discussing, bullshit attempting to create reality.
Conspiracy to defraud the US IS ABOUT LYING.

You're all out there saying, "well, Trump couldn't be guilty of [lying] bc he has a First Amendment right to lie."
NOOOOOOO.

You can't lie to the Federal govt!!

The POINT of that conspiracy is to tell the govt, "welp, we have 306 Electoral votes." HAHAHAHA. Good one, fell for another big old Donny Trump lie.
Read 12 tweets
Aug 2
Here's the Tl;dr on whether CC6 is Mike Roman or Boris Epshteyn. Could be either. Both were involved in the specific things in the paragraphs.

We're all BETTER OFF if it's Boris (and if Roman is cooperating, as some had claimed). Bc that causes Trump 2 worlds of hurt.
1) As I've been saying since Jan, LOTS of people have exposure on one of Trump's crime, both not the other. There's good reason to believe it has made people more cooperative.

Boris could well have both.
2) Boris and Trump share a lawyer. Trump doesn't need anymore transition in his legal team.
Read 5 tweets

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