NEW RAY EPPS: Surveillance video shows Epps involved in the second breach of Capitol grounds after participating in 1st breach moments before. This incident creates opening for protesters on west terrace, which coincides with start of joint session of Congress at 1pm.
WATCH:
Epps touches part of a metal fence as police attempt to pull it up. Contrary to his testimony and DOJ report, Epps was not helping police. It appears that Epps stays behind 2 individuals standing on the fallen fence.
I am told mishandling a fence is an act of terror.
So the only individual who appears to be involved in orchestrating two key breach points is Ray Epps.
Epps text to nephew at 2:12p.m on Jan 6: "I also orchestrated it."
1st breach at 12:53pm:
I remember a few weeks ago when DOJ and Judge Kelly ruled that touching a fence with police close by qualified as a federal crime of terrorism and helped send you to jail for 18 years. In fact, one could be in Baltimore and still be guilty!
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Hearing in Jack Smith's J6 indictment against Donald Trump just ended.
It is a travesty cameras are now allowed in federal courtrooms so the American people can see what an unprepared, intemperate, smug, and condescending judge Tanya Chutkan is. The public would be outraged at her highly partisan and aggressive handling of this unprecedented case.
Chutkan, reversed by the Supreme Court and criticized by the chief justice for rushing her immunity order, came out swinging this morning.
Not only is she clearly agitated by SCOTUS immunity ruling, it is unclear whether she even read it.
On a number of occasions, she argued with John Lauro, Trump's defense attorney, about the elements of the opinion. "That's not how I read it," she said when misinterpreting what the opinion said.
At one point, during a discussion about mandatory appeal based on any other immunity decision she makes, Chutkan opined that "there will be a reversal (on her future immunity order) no matter what I do."
That is a dangerous sign. What Chutkan suggested is she will recklessly handle pending immunity questions related to Trump's comms with VP Pence because she feels SCOTUS will overturn her once again.
At issue is SCOTUS determining those comms with Pence are "presumptively immune." Chutkan said she didn't read it that way. (That's what it said.)
A ruling that Trump-Pence comms are protected under immunity would torpedo the entire indictment. Smith already had to cut 9 pages of original indictment bc Trump's comms with DOJ were conclusively immune.
Further, those immunized conversations not only are barred from being cited in an indictment, the protected comms cannot be used in any stage of the investigation or prosecution.
Chutkan, as she has said consistently since this case landed on her docket, emotionally emphasized that the presidential election will not affect her scheduling order, which she will file later today.
"I understand there is an election" soon, Chutkan said.
"It is not relevant. This court is not concerned with the electoral schedule. It is nothing I will consider."
But her own words and actions contradict that assertion. She attempted to rush the proceedings as soon as the SCOTUS mandate returned to her court--so much so that even Jack Smith had to ask to delay her status report and hearing deadline.
Further, she is contemplating taking what even she describes as an "irregular" procedure which is allow Jack Smith to file an "opening brief" to outline why he believes the existing indictment is not covered by SCOTUS immunity ruling.
Lauro strenuously objected to taking such an unusual step. Such a brief, Lauro argued, would be "enormously prejudicial" and noted Smith already filed a superseding indictment and it is the defense's turn to respond.
Chutkan shot back that the defense would have plenty of time to respond to such a brief, which Smith's prosecutor Tom Windom said could be submitted in about 3 weeks.
This is PRECISELY the sort of shoddy, hasty work that landed Chutkan in trouble at SCOTUS.
Headed to DC courthouse shortly to cover resentencing of Thomas Robertson, a VA police officer convicted of 1512c2 and other offenses.
After Fischer, DOJ dropped 1512c2--but as I have reported for months and detailed last night, DOJ and DC courts are thumbing their nose at SCOTUS, which overturned how DOJ and DC courts applied 1512c2.
Robertson was sentenced to 87 months in prison with 1512c2 driving most of the sentence.
Even though federal sentencing guidelines estimate his new sentence based on existing convictions should be 24-30 months--he has already been in prison for 3+ years incl under pretrial detention--DOJ wants him to serve the full 87 months.
DOJ sticking it to SCOTUS:
Keep in mind--the wife of DC US Atty Matthew Graves is CEO of a radical leftwing nonprofit in DC that is part of a broad coalition working with Democrats to delegitimize the Supreme Court and remove Justice Thomas:
Here Graves (again) argues the circumstances of J6 were so unprecedented and awful that previous applications of the law and/or sentencing guidance should be ignored:
DOJ and DC courts also working around DC appellate court ruling that reversed 2 common sentencing enhancements on 1512c2. Appellate court ruled that DOJ misapplied interfering in "administration of justice" enhancement 2J1.2(b)(2) because Congress does not "administer justice" esp proceedings on Jan 6.
So DOJ and DC courts are saying--fine, we will apply the administration of justice enhancements to allegations the defendant interfered with the criminal investigation into their actions on Jan 6--and apply the enhancement to other charges after 1512c2 is dropped.
Reading through report filed last night in Donald Trump's J6 case in DC.
Jack Smith wants to file a brief to explain why remaining elements in new indictment do not fall under immunity per SCOTUS. Trump's lawyers argue there is no basis for filing such a brief.
The timeline proposed by Trump's lawyers gives a view into how nearly impossible it will be for Smith to preserve this case. SCOTUS decisions in both immunity question and Fischer will further gut this already thin reed of an indictment:
As I explained here, Smith had to cut 9 pages from 1st indictment and drop Jeff Clark as a co-conspirator based on SCOTUS determination that Trump's interactions with DOJ safely fell within core presidential power covered by immunity
BREAKING: Jack Smith has filed a superseding indictment in Trump’s J6 case. Same charges, I’m assuming he deleted elements SCOTUS rules were immune from prosecution
It appears Smith removed @JeffClarkUS as a co conspirator.
SCOTUS determined Trump’s interactions with his own DOJ clearly represented “official acts” and protected by presidential immunity
Where does Jeff Clark go to get his reputation back?
@JeffClarkUS Jack Smith also had to present his case to a new grand jury in DC. SCOTUS further ruled immunized conduct could not be used during any phase of the investigation/prosecution including GJ proceedings.
Of course it’s a layup getting an indictment against a Republican in DC.
Another reason why Biden regime is going hard after Elon Musk and X is because his company is asking SCOTUS to review how Special Counsel Jack Smith, working hand in glove with former DC Chief Judge Beryl Howell, forced Twitter to produce Trump's entire Twitter file and also impose a nondisclosure order prohibiting Twitter/X from notifying Trump about the search warrant.
X filed a cert petition in May 2024.
Not only did Howell approve the warrant and NDO, she fined Twitter/X $350,000 for allegedly failing to comply with the warrant in a timely manner. (A 51 hour delay)
Smith and Howell suggested Trump was a "flight risk" as an excuse to impose the NDO.
A 3-judge panel of Dems including the embarrassing Judge Flo Pan (who authored the opinion) upheld Howell's decision on the warrant, NDO, and fine.
But in denying X's request for en banc review, 4 GOP appointees on DC circuit (3 Trump, one Bush) slammed Howell and appellate panel for ignoring executive privilege considerations in the unprecedented case.
NEW: As I have reported for months, DOJ is still seeking ways to keep J6ers convicted under the unlawful use of 1512c2 in jail even with the charge being tossed AND that conviction driving excessive prison sentences.
On Thursday, DOJ admitted it would drop the 1512c2 count against Thomas Robertson, who was sentenced to 87 months in prison on several counts including 1512c2. The obstruction count resulted in the 7+ year prison sentence.
BUT DOJ under Matthew Graves is asking Judge Chris Cooper (Obama) to keep Robertson in jail for the full term by adding several new upward departures/enhancements on his other convictions.
Rotten to the core.
DOJ had also added the now unlawful adm of justice enhancement, tossed by DC appellate court earlier this year, to Robertson's sentence.
But now DOJ/Matthew Graves argues Robertson's role in J6 demands his ongoing incarceration in federal prison for 87 months DESPITE admitting without the 1512c2 charge his sentence would be 24-30 months.
HE HAS ALREADY BEEN IN JAIL FOR 3 YEARS which included 10 months in pretrial detention before his April 2022 conviction by DC jury.
As you read this outrageous garbage, keep in mind that Matthew Graves could very well be Kamala Harris' attorney general if she wins.
Graves' wife Fatima Goss Graves is close with Harris; her niece serves on the board of Goss Graves' radical nonprofit in DC.