ALERT: Justice Dept failed in attempt to indict six congressional Democrats who drew President Trump's ire last year by taping a video telling members of the military that they must reject "illegal orders," according to three sources familiar

cbsnews.com/news/grand-jur… Enormous loss by Trump Admin

They continue to face rejections from grand juries in America

NOW: Jack Smith testifies publicly in US House Judiciary Committee hearing -- to detail his criminal case against Trump for attempting to overturn the 2020 election

In the front row: Four Jan 6 police responders (Harry Dunn, Aquilino Gonell, Dan Hodges, Michael Fanone) Rep. Jamie Raskin (D-MD) lays down the bottom line of Jack Smith's prior closed-door interview w/ committee

About the Jan 6 attack, Smith said "he caused it... he exploited it.... it was foreseeable to him."

NEW: 80 cosponsors to US House bill seeking impeachment of Kristi Noem

Rep. Robin Kelly (D-IL)
Rep. Angie Craig (D-MN)
Rep. Betty McCollum (D-MN)
Rep. Ilhan Omar (D-MN)
Rep. Jonathan Jackson (D-IL)
Rep. Mike Quigley (D-IL)
Rep. Sean Casten (D-IL)
Rep. Y. Clark (D-NY)

(MORE) Rep. Juan Vargas (D-CA)
Rep. Jan Schakowsky (D-IL)
Rep. Eric Sorensen (D-IL)
Rep. Jimmy Gomez (D-CA)
Rep. Maxwell Frost (D-FL)
Rep. Gabe Vasquez (D-NM)
Rep. Nydia Velazquez (D-NY)
Rep. Ritchie Torres (D-NY)

(MORE)

NEW: Sen. Mark Kelly (D-AZ) has filed a federal civil lawsuit against Defense Secretary Pete Hegseth Hegseth recently began a process to demote and cut the retirement pay of Sen. Mark Kelly

Kelly's lawsuit seeks a judicial review of the agency's action

FLASH: Sen Thom Tillis (R-NC) is on Senate floor and he's about to make a motion for "unanimous consent" to expedite the hanging of the January 6th plaque at the Capitol

To honor the police heroes Sen. Jeff Merkley (D-OR) speaks first: "In 2022, we passed a law .. saying we'd hang this plaque"

"I'm here to team up with my colleague from North Carolina to have a strategy to make sure we *do* have this plaque up"

JAN 6 - 5 years later

Some pardoned rioters are retracing their march from the Ellipse to the Capitol

Some victims are part of a 10am hearing organized by House Democrats

And: Anger, toxicity and confrontation continue to define Jan 6. Still. Poltico Playbook on Jan 6 just now:

“Today D.C., and much of America, is deeply divided about what happened.

That lack of consensus represents a triumph, of sorts, for Donald Trump, and stands as testament to his unmatched ability both to reshape political narratives and to carry his supporters to extraordinary positions”

NEW: House Speaker Mike Johnson – after two years of deflecting questions on the matter – is now arguing that the legally-required January 6 plaque must be re-considered

(more) In a statement tonight, a spokesperson for Speaker Johnson says:

"As written, the statute authorizing this plaque is not implementable, and proposed alternatives devised by Democrat House staff, not members, also do not comply with the statute. If Democrats are serious about commemorating the work of USCP officers, they are free to work with the appropriate committees of jurisdiction to develop a framework for proper vetting and consideration, just as the House does for Congressional Gold Medals, commemorative gold coins, and similar ceremonial responsibilities”

ONE YEAR AFTER THE PARDONS:

Growing number of Jan 6 riot defendants are in new legal peril

HERE ARE SOME ====> Zachary Alam faces a hearing this month ahead of sentencing in a breaking-&-entering case in Henrico County, Virginia

Alam was convicted in October

On Jan 6, we was on frontlines outside House Speaker's Lobby and rioters confronted police and evacuating House members

(MORE)

ALERT: House Judiciary Committee releases 250+ page transcript of its interview of Special Counsel Jack Smith

Smith testified: "January 6th was an attack on the structure of our democracy in which over 140 heroic law enforcement officers were assaulted. Over 160 individuals later pled guilty to assaulting police that day. Exploiting that violence, President Trump and his associates tried to call Members of Congress in furtherance of their criminal scheme, urging them to further delay certification of the 2020 election. I did not choose those Members, President Trump did"

(MORE) Special Counsel Jack Smith interview w/ House Judiciary Committee (MORE)

Rep. Jim Jordan (R-OH): "You just made some pretty definitive statements about your belief that President Trump was guilty of these charges. Is that correct?"

Jack Smith: "Yes, I believe we had proof beyond a reasonable doubt in both cases"

Jordan: "And doesn't the Justice Manual prohibit prosecutors from asserting that a defendant is guilty of something before a jury makes a determination?"

Smith: "When a case is pending, yes."

STAND BY: Detention hearing at 1p in Capitol Hill Pipe Bomb Case

We *will* have access to our laptops here

Feds allege Brian Cole of Virginia has confessed

Defense to argue Justice Dept has made thin case, hasn't shown Cole is dangerous & made improper public statements Brian Cole enters court wearing khaki-colored prison garb. He has a four-person defense team at the table

First line of 39-page opinion from Judge Amir Ali in DC:

"The Constitution forbids government officials from using their power to retaliate against people for their speech.. even when the speech is critical of the government"

Judge restores security clearance to whistleblower attorney Mark Zaid

(MORE) Trump stripped Zaid's clearance in an executive order in opening days of 2nd term

Zaid told me Trump wanted him "taken off the playing field"

Zaid sued in DC federal court

(MORE)

Among the newly-released Epstein files. This Justice Dept email from Jan 2020

'I wanted to let you know that the flight records we received yesterday reflect that Donald Trump traveled on Epstein's private jet many more times than previously has been reported"

https://twitter.com/MacFarlaneNews/status/2003426216804761643

MORE: New batch of Epstein files shows a subpoena to Mar-a-Lago in the investigation of Ghislaine Maxwell

STAND BY:

At 930am, arguments begin here at DC federal court in the civil lawsuit brought by some U.S. House members against Trump, alleging he violated federal law by galvanizing the Jan 6 rioters and attack

Judge hears arguments on whether case should proceed Arguments are underway here in DC federal court in civil lawsuit by Members of Congress seeking damages from Trump for Jan 6

Question today: Will case be allowed to proceed?

NEW: Justice Dept files motion in court seeking to dismiss civil lawsuit filed by injured police officers who responded on Jan 6

Officers' suit sought court order to hang the legally-required Jan 6 honorary plaque for police

Justice Dept argues the plaque is faulty!

(MORE) The Justice Department argues that the plaque that's been shown on Capitol Hill "lists the names of approximately twenty-one law enforcement entities not the approximately 3,648 individual names of law enforcement personnel provided to the Architect"

ALERT: Former FBI agents file suit alleging "unlawful retaliation" against Kash Patel & FBI.. for firings over their kneeling response during DC unrest after George Floyd murder

Suit: "As a result of their tactical decision to kneel, the mass of people moved on without escalating to violence" The dozen fired FBI agents are seeking a court order to restore their jobs and provide backpay

Suit: "Plaintiffs were among the FBI personnel deployed during this period and saw the potential for violence first-hand" .. they say the kneeling was a de-escalation tool

FLASH: Judge rules James Comey criminal case is dismissed without prejudice. Judge determined the US Attorney Lindsey Halligan was not lawfully appointed

Here's the 29 page opinion: storage.courtlistener.com/recap/gov.usco… Here it is from the federal judge:

"All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside."

ALERT: James Comey files another motion to dismiss criminal case, citing issues with grand jury presentation by US Atty Lindsey Halligan

"The government has thus committed a series of flagrant legal violations. And the government’s misconduct has threatened Mr. Comey’s liberty—even though Mr. Comey should be experiencing the peace of an expired statute of limitations" The new 29-page motion by James Comey to dismiss his criminal case includes this header:

"THE INDICTMENT SHOULD BE DISMISSED WITH PREJUDICE BASED ON MISCONDUCT BEFORE THE GRAND JURY"

Full motion: storage.courtlistener.com/recap/gov.usco…

Three sources familiar with the matter tell CBS News federal investigators are questioning the handling of the investigation into California Senator Adam Schiff

(MORE) Christine Bish, a California Republican who filed an initial tip w/ the feds about Schiff’s mortgage documentation, told CBS News she was questioned by federal agents today and was asked about Bill Pulte, the Trump-appointed head of the Federal Housing Finance Agency

(MORE)

NEW: James Comey files additional argument to get criminal case dismissed as "vindictive prosecution":

"The indictment in this case is unique in American history: it is the product of a yearslong campaign by the President of the United States to punish a citizen for protected speech. Mr. Comey has exercised his right to engage in public discourse critical of the President" (MORE) James Comey's argument for dismissal of criminal case: "The President’s calls for prosecution do not rest on evidence, investigation, or recommendations. Rather, they express pure vengeful animus to punish a perceived political adversary. And the President managed to achieve his retaliatory goal only by installing a White House aide as U.S. Attorney"

ALERT: Closing arguments begin shortly in “sandwich guy” trial

And yes…. It *is* a crowded court

My latest ====> Closing arguments begin in case of Sean Dunn (so-called "sandwich guy")

Prosecutor argues "the facts here are very straightforward"

"They were all wearing police markings. They were not wearing masks"

Good morning from the 6th floor of the DC federal courthouse... where it appears Sean Dunn (so-called "sandwich guy") will NOT testify in his own defense .... HERE WE GO: Defense in "sandwich guy" case begins its presentation to court by....

asking the judge to dismiss the case "Judgment of acquittal" ... citing rule 29

law.cornell.edu/rules/frcrmp/r…