Though late, I want to highlight the case of Zachary Alam, who was sentenced to 8 yrs on 11/7—tied for 16th longest prison term for a J6 defendant. His case shows how Trump’s election lies foreseeably impacted troubled individuals & led to the death of Ashli Babbitt. ...
1/16
... On J6, Alam was almost 30. He had about 20 arrests, mainly drug or alcohol related. He’d graduated from UVa, but dropped out of osteopathic med school in 2015. His father then disowned him, per his mother. Eventually he was living out of a storage unit & his truck ...
/2
... He would shower at a gym each morning, his atty later wrote. Then Covid hit & gyms closed. His atty’s supplemental sentencing memo—heavily redacted—suggests Alam may also suffer from a long-term medical or psychological issue. ...
/3
... On J6 Alam went to Trump’s Ellipse speech & then headed to the Capitol. In the restricted area, he helped other rioters scale walls using downed bike-rack barriers as ladders. He entered the bldg thru a broken window at 2:17pm, 5 minutes after the initial breach ...
/4
... He went to the crypt, but then did something unusual. He took an elevator to the 4th floor. Apparently alone, he tried to kick his way into a committee room, per govt. He descended to the 3d floor, where he threw a velvet rope from a balcony at officers below. ...
/5
... He then went down to 2d floor. Due to his unusual path, he emerged as a lone rioter behind police lines. This later spurred a false conspiracy theory, amplified by Sinclair Broadcast Grp, that he was a fed, as @ryanjreilly has reported here: . ...
/6 bit.ly/48OvSzP
@ryanjreilly ... Alam then joined the main mob, shouting obscenities at officers & trying to break through the main door to the House. Here are officers on the other side of that door. (I know you’ve seen this scene, but I’m trying to give context.] ...
/7
@ryanjreilly ... At 2:41pm, Alam & a smaller group split away. They headed east (down) & then south (left), arriving at the Speakers Lobby, very near where members & staff were still evacuating. (Model looks west.) ...
/7
@ryanjreilly ... There, Alam and other rioters could actually see the evacuating members & staffers through the window. At that point, they were this close. ...
/8
@ryanjreilly ... Alam told officers “I’m going to fuck you up” & began punching the windows with his fist, inches from their heads. He shattered windows but couldn’t bust out the glass. (Again, I know you’ve seen this, but now you get the context.) ...
/9
@ryanjreilly ... Alam turned & rallied the crowd, telling them that House members were “the problem.” He kicked the doors 3 times. Finally, another rioter passed him his helmet. ...
/10
@ryanjreilly ... Alam then smashed the windows with the helmet about 9x. That worked. He cleared all the glass from several windows. ...
/11
@ryanjreilly ... As he did so, officers drew their weapons. Rioters yelled that there was a gun. Nevertheless, Ashli Babbitt started to climb through a window and was shot. ...
/12 nbcnews.com/video/capitol-…
@ryanjreilly ... As officers tried to clear rioters from the area to get Babbitt medical assistance, Alam was captured on video telling other rioters, “We need guns, bro. We need guns.” ...
/13
@ryanjreilly ... Though Alam lived in DC, he immediately fled, hiding out with relatives in Pennsylvania. His mother saw video of him on TV. Fearing for his safety, she contacted the FBI. (Alam told her he’d been inspired by Trump, she wrote the judge, pleading for mercy.) ...
/14
@ryanjreilly ... When arrested, Alam had a burner phone & a journal detailing plans for living off the grid. He was convicted by jury trial of 8 felonies & 3 misdemeanors. (One felony was later dism’d after SCOTUS’s Fischer ruling.) ...
/15
@ryanjreilly ... At sentencing, Alam said he wanted a “full pardon,” & would not "accept a 2d-class pardon," per @TomJackman. Judge, a Trump appointee, said Alam’s actions contributed to the “circumstances that led the officer to use lethal force.” ...
/16 bit.ly/4fNGXmR
@ryanjreilly @tomjackman ... Alam got 8 yrs. Babbitt died. Man whose lies inspired both is president-elect. ...
/17
... I’m a senior editor at @lawfare . Editor-in-Chief Ben Wittes describes below what Lawfare Media is (different from the MAGA term “lawfare”), our mission in days ahead, and how you can support. /18-end lawfaremedia.org/article/the-si…
• • •
Missing some Tweet in this thread? You can try to
force a refresh
I’ll unpack here my unintelligible thread from last night about Judge Howell’s ruling on the scope of the felony charge “obstruction of an official proceeding” (18 USC 1512c2) after Fischer v US. It impacts many Jan. 6 cases but has only minor impact on US v Trump, IMHO ...
1/18
... The ruling concerns two Proud Boys, Nick DeCarlo & Nick Ochs, who pleaded guilty to 1512c2 in 2022 to satisfy an indictment alleging 2 felonies & 4 misdemeanors. After SCOTUS narrowed the scope of 1512c2 last June, they petitioned for release ...
/2
... In Fischer, SCOTUS held that the law doesn’t apply to rioters who obstruct a hearing by force. It only applies to those who obstruct a hearing (or try to) by “impairing” the “integrity” or “availability” of docs to be used at a proceeding. ...
/3 lawfaremedia.org/article/the-ju…
NBC asks Judge Chutkan for right to televise US v Trump immunity determination hearings in DC, which "go to the strcuture of American democracy" & “may be [among] most important arguments ever made before any US court.” ...
/1
... NBC argues that American public has "extraordinary interest" in seeing hearings involving allegations that Trump, "a current nominee for reelection to the Presidency, sought to destroy our nation's democracy for personal benefit." ...
/2
... "The public should be permitted to see & hear the argument ... that will determine who is subject to the law, and to what extent." ...
/3
Regarding @WashingtonPost owner @JeffBezos’s blocking the paper’s endorsement of Kamala Harris, this thread aims to flesh out Trump’s history of attacks on Bezos & show how Trump’s past unchecked abuses are already chilling free speech ...
1/16 nytimes.com/2024/10/27/bus…
... In 2019, the cloud computing unit of Bezos’ Amazon, known as AWS, sued the Defense Dept. It alleged that Trump used “improper pressure” to steer a $10bn DoD contract away from AWS to punish Bezos for the Post’s tough coverage of him ... ...
/2 bit.ly/3YnbPDN
... I wrote about the suit in @YahooFinance at the time here . But the tl:dr is as follows.
Because of probing Post coverage, in Feb 2016, candidate Trump vowed to “screw Amazon” if he won. “They’re going to have such problems.” ...
/3 yhoo.it/3eoCFDt
DOJ must make a sensitive decision soon. On Thurs., accused would-be Trump assassin Ryan Routh moved to recuse Judge Aileen Cannon in his case. Does DOJ oppose—undercutting notions of reassigning the US v Trump (MaL) case? Support? Take no position? 1/7 bit.ly/40iF6Sm
... DOJ knows that criminal defs are constantly trying to judge-shop. Recusal standards are & need to be high. Trump himself has tried to recuse USDJs Chutkan (DC) & Kaplan (SDNY, in E Jean Carroll cases), as well as Engoron, Merchan, & Willis in state courts. ...
/2
... It’s clear that a judge’s appointment by a prez who’s a party is not disqualifying. Chief Judge Pryor (11th Cir) has already said so in rebuffing an ill-conceived write-in campaign to oust Cannon from US v Trump for “misconduct.” ...
/3 bit.ly/3YgZgcW
Judge Chutkan’s pithy line below is the definitive answer to Trump & critics (including @eliehonig & @lawfare’s own @jacklgoldsmith ) who’ve suggested that DOJ’s “60-day rule” militates against releasing the redacted appendix. I’ll return to Chutkan's line momentarily. ...
1/18
In a nutshell, Trump et al are wrong. The rule focuses on “overt investigative actions” or filing of charges. Trump’s DC indictment was filed on Aug 1, 2023, which was 462 days before the election. ...
/2
The “60-day rule” is unwritten. In 2018, the DOJ inspector general summarized it below. Yes, it’s fuzzy around the edges. But it unmistakably focuses on “overt investigative actions,” meaning actions *before* charges have been brought that are apt to become public ...
/3
In US v Trump (DC), the govt explained today why Fischer v US doesn’t require dismissal of the two obstruction-of-an-official-proceeding counts (18 USC 1512c2). Govt says Trump’s false elector scheme is “falsely creating evidence,” which SCOTUS said is still covered. ... 1/8
Remember that Fischer v US narrowed the definition of 1512c2. It now only reaches defendants who obstruct by try to impair the “integrity” or “availability” of docs or objects being used at a proceeding. Full explanation below: ...
/2 lawfaremedia.org/article/the-ju…
... In his filing today, Jack Smith likens Trump’s scheme to a precedent (the Reich case) that SCOTUS said 1512c2 would still cover. There, a defendant had forged a court order to trick an opposing party into taking action in his favor. ...
/3