THREAD: I’d like to share some facts. That’s all. Just facts.
DoJ opened an IG investigation into Trump’s DoJ’s involvement in the coup on January 25, 2021. 19 days after the insurrection. 1/
In 9/2021, shortly after DoJ got data from Rudy’s seized phones, subpoenas were issued for coup fundraising groups including Sidney Powell’s. At this time, Biden’s DC US Atty pick was being blocked by Ron Johnson - who participated in the fraudulent elector scheme himself. 2/
In 11/2021, Matthew Graves was finally sworn in a U.S. Attorney in DC. Senators Ron Johnson, Mike Lee, Ted Cruz, Tommy Tuberville & Rick Scott told Garland in July they would continue to block his nomination until Garland treated the BLM protestors the same as 1/6 guys. 3/
That same month, November 2021, Thomas Windom - who is now a key member of Jack Smith’s team - was detailed to the USAO DC to continue the already ongoing probe into the top of the coup. 4/
Within months, more subpoenas were issued for info on 1) members of Congress 2) members of the executive branch 3) ellipse rally organizers, speakers, and VIPs (which would include Ginny Thomas) and anyone who tried to obstruct, influence, impede or delay the certification. 5/
A few months later, the 1/6 hearings would begin.
These are just facts. Whatever your opinion is, it continues to be incorrect to say DoJ waited 18 months or even 2 years to begin investigating the coup. That’s all I’m saying. Thanks 🙏 END/
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THREAD: Let's have a heart to heart about Garland and Wray for a second, because I personally think all the heat on Garland should actually be on Christopher Wray. And I'll tell you why I think that. 1/
We now know that Garland wanted to investigate the top of the coup as soon as he got to DoJ in March 2021. We know that from multiple sources telling the press that Garland and Monaco were extremely frustrated by the slow pace of the probe into the top of the coup by June 2021. 2/
Garland and Monaco were SO pissed about it that they assembled the "investigations unit" in June 2021 to work on the top of the coup, all the way up to and including donald trump. 3/
Trump has just filed his speedy trial report - same as the DoJ's calculation that 70 days remain on the speedy trial clock. But it's got all kinds of weird extra info, and it doesn't include a footnote that they met and conferred with DoJ, and whether DoJ agrees with the filing 1/
In addition to the regular calculations, trump uses the report to complain, yet again, about the amount of discovery. First, he brings up the CCTV video issue - that De Oliveira apparently can't figure out how to watch. 2/
The DoJ has already supplied a laptop and IT support for him to watch it, but apparently team trump is still "having issues." Trump also says that he's asked for more discovery in motions that haven't been resolved yet. 3/
THREAD: I've read over all the filings, & after consulting a bunch of experts, & after recording this weekend's episode of the Jack podcast, here's what I think Jack Smith will do w/re to Cannon's ruling on Trump's motion to dismiss based on the Presidential Records Act. 1/
Smith asked her to dismiss trump's PRA motion, adapt his correct jury instruction based on a proper reading of the statute, and said that if she uses incorrect jury instructions, he would seek a writ of mandamus from the 11th circuit. 2/
Cannon accused him of demanding she finalize jury instructions ahead of trial, but he didn't. He only proposed a proper jury instruction because SHE ordered him to write some based on a total misinterpretation of law. 3/
I read Smith's motion as asking the court to both deny trump's motion to dismiss based on the PRA, AND adopt the government's proposed correct jury instructions. "As such, it should deny Trump’s pending motion to dismiss and adopt preliminary jury instructions as proposed by the Government." 1/
But Smith goes on to say that if the court does NOT deny the PRA motion, it should tell the DoJ now before double jeopardy attaches: "If, however, the Court does not reject that erroneous legal premise, it should make that decision clear now." 2/
She did deny the PRA motion, but only for the time being: "For these reasons, accepting the allegations of the Superseding Indictment as true, the Presidential Records Act does not provide a pre-trial basis to dismiss." Seems to indicate she could bring this up again later. 3/
BREAKING: Jack Smith has filed his response to the jury instruction order by Cannon. "Both scenarios rest on an unstated & fundamentally flawed legal premise...That legal premise is wrong, & a jury instruction... that reflects that premise would distort the trial." 1/
Smith says "if you really think that's what the law says, tell us now so we can appeal to the 11th circuit before double jeopardy attaches. A clearly erroneous jury instruction would cause us to seek a writ of mandamus" (I'm paraphrasing) Fuck yeah, Jack Smith. 2/
Smith says "even though your interpretation is wrong, fundamentally flawed and erroneous, we will write your two incorrect scenarios because you directed us to." 3/
Trump's entire argument is that his lies were told as part of the "outer perimeter" of his job as president. That'll be tough since he's admitted he did it all as a CANDIDATE for office, and not as president. 1/
For example, in Fulton County, he's arguing that his case should be thrown out because as a CANDIDATE for office, he has the first amendment right to lie to the public about election fraud in 2020. 2/
And in Texas v. Pennsylvania, he filed a motion to intervene as a CANDIDATE for office (signed by John Eastman, who a judge just recommended be disbarred in CA for conspiring with Trump to disrupt the electoral count) 3/