Thread by @kyledcheney

NEW: Courts have chipped away at the Justice Department’s cases against Jan. 6 rioters — and several other threats loom that could further erode what has been the largest and most complex federal probe in history.

politico.com/news/2024/09/2…

1) Many of DOJ’s recent cases have relied on a “geofence” warrant to Google — using devices’ location tracking to identify people inside the restricted area of the Capitol on Jan. 6. But the 5th Circuit recently found geofence warrants are unconstitutional
politico.com/news/2024/09/2…

The 5th Circuit isn’t the final word — and a couple other courts have ruled differently — but the issue could be another SCOTUS showdown that limits DOJ’s tools.

politico.com/news/2024/09/2…

2) A core trespassing charge in nearly every Jan. 6 case (more than 1,400) is — four years later — facing a serious legal challenge. Defendants say the charge requires prosecutors to prove they *knew* a USSS protectee was in the Capitol. politico.com/news/2024/09/2…

3) DOJ is testing the limit of the SCOTUS ruling that squeezed its ability to bring obstruction cases against J6 defendants. Prosecutors say the court left room to sustain the charge against rioters who targeted electoral ballots.

Appeals are guaranteed.

politico.com/news/2024/09/2…

4) The most acute threat of all to Jan. 6 cases is Donald Trump himself. If elected, he promises to pardon many of those who participated in the riot (though he passed up a chance to pardon them as his term ended). politico.com/news/2024/09/2…