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Abundant tweets about civil liberties & national security *** "You're like a human Westlaw” *** She/her *** Legendary potty mouth *** 🗽🇪🇺
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19 Jun
This post talks about the charges against 12 of the men present when Ashli Babbitt was shot. 4 have been charged w/damaging the building (which can carry a terror enhancement), one has been charged for being armed w/a knife and lying about it.

emptywheel.net/2021/06/19/def…
Three things those who witnessed Babbitt's shooting claim (I'm not attesting it is correct):

"The woman who was shot used the leg of a chair to hit a glass panel on in the door." Kurt Peterson
"A number of police and Secret Service were saying get down, get out of the way. She didn’t heed the call."

Thomas Baranyi
Read 4 tweets
19 Jun
In Glenn's little Substack he makes the following assertions as fact: "low-level protesters have been aggressively charged with major felonies and held without bail."

That's false.
"Many of the alleged plot leaders have thus far been shielded from charges."

Maybe the FBI should interview Glenn and figure out who he knows to be the "plot leaders" here. Also, maybe he should figure out how conspiracy investigations work?

So: Unsubstantiated.
"Original report, published by Revolver News and then amplified by Fox News’ Tucker Carlson, documented ample evidence of FBI infiltration of the three key groups at the center of the 1/6 investigation."

Laughably, embarrassingly false. They made false accusations of that.
Read 10 tweets
18 Jun
I genuinely love this Glenn Greenwald, people. I mean, there is no funnier comedy on this site right now, where a so-called libertarian doubles down on a provably false conspiracy theory because... well, MOAR SUBSTACK!!!
One thing that has been glossed over in DUMBANDFUNNY Glenn's "analysis" is that of the one group that we KNOW has FBI informants, the Proud Boys, the reason the FBI wouldn't have seen 1/6 is bc Billy Barr had trained the FBI to treat the Proud Boys as legitimate sources on Antifa
That is, for DUMBANDFUNNY Glenn Greenwald, FBI's failure is not the demonstrably true fact that Billy Barr treated Antifa as terrorists, but instead the bizarre world claim that Billy Barr's DOJ had it in for Donald Trump.
Read 6 tweets
18 Jun
Thomas Webster has made much of being on some kind of detail for Bloomberg in his last years at NYPD (he was in Intel Div). I haven't been able to ID his proof in the (unredacted) NYPD files he posted to docket. But when asked abt it, he got squirrely.

storage.courtlistener.com/recap/gov.usco…
Former NYPD cop Webster said his idea of protesting is to walk up to the police line and only stop when they make you stop.
In his interview with the FBI he said he knew he shouldn't engage bc he had been on the other side of such confrontations, but nevertheless got into a barroom type of movement.
Read 10 tweets
16 Jun
The showy bits in this packed WSJ story on the Oath Keepers and Proud Boys' finances are getting all the attention but there are details that are worth closer attention.

wsj.com/articles/proud…
First, if you're the leader of an already back-biting militia hoping to avoid being indicted in the conspiracy indictments, it's probably not going to help that you just pissed everyone off with your grifting.
Several members (like Dominick Crowl) were already disgusted w/Rhodes going into Jan 6. Crowl doesn't have anything on Rhodes but Jessica Watkins likely does.
Read 9 tweets
16 Jun
Stephen Chase Randolph's lawyer is complaining that the undercover FBI agents were charming.

She complains about a 10 minute conversation but says his crime was only a few minutes long.
She's also not at all ashamed to quote her client say "fucking."
Judge Paul Friedman is also willing to say "it was fucking fun."

My kind of detention hearing, is what I mean.
Read 6 tweets
15 Jun
Here's just part of the criminal record of Jan 6 defendant Peter Schwartz, who wants to be released.

storage.courtlistener.com/recap/gov.usco…
And here's more of it.

The "finest people."
Fred Keller is actually doing better than the others, but he just made Wray a cabinet member.
Read 15 tweets
15 Jun
The brother who DIDN'T call for martial law testifying about the insurrection his brother fomented.
Jumping into the OGR hearing, Grothman keeps trying to get Wray to say cops let people walk in. Wray keeps not saying what he wants.
"Breaking the law but they would have no idea they were breaking the law."

I mean, the barricades were apparently not obvious enough for Grothman's WI constituents.
Read 29 tweets
15 Jun
Listening to Josh Schulte hearing. He says last November he wanted to go pro se (he SORT OF did!). That would mean that he would have access to a computer. That's why he thinks he can have live access to Lexis.

Who knows? It might work!
So here's where things are at in case of Josh Schulte, accused of burning the CIA to the ground.

1) Two of the prosecutors on the case left govt. When asked when there'll be more, Dention said, "hopefully soon"?
2) Steve Bellovin, who was the dream expert for Schulte, has very little time to play that role for the second trial, and they haven't found another (I'm betting Schulte wants to play that role too).
Read 5 tweets
15 Jun
Here's the stuff 3%er Russell Taylor, who is about to have a detention hearing, brought to insurrection.

storage.courtlistener.com/recap/gov.usco…
Prosecutors really like to show defendants flipping off cops but honestly it's not their best evidence.
Judge Lamberth was the one who originally detained Munchel.

He REALLY doesn't want to be reversed again. Berkower is not explaining clearly enough that Taylor was basically a militia leader, which CADC has said SHOULD merit detention.
Read 8 tweets
15 Jun
From an FBI analysis of Proud Boy Telegram chats.

"I mean fuck 'tifa looks like professionals compared to us."

documentcloud.org/documents/2089…
"Twenty goddam years? Man, no matter what we do they're going to throw the fucking book at us."

Btw, Ethan Nordean's lawyer thinks these are exculpatory but it instead seems like 1) This guy [Not Nordean] thinks he's guilty 2) Also doesn't know max sentence never happens.
Rufio (Nordean) "got lost in the sauce."

Calls for Enrique to step down.
Read 7 tweets
15 Jun
Not only did Trump have his assistant email Jeffrey Rosen, he had her email that Acting Solicitor General.

oversight.house.gov/sites/democrat…
And then Kurt Olsen wrote Walls directly as well.
As you read Rosen pretending to be stand-offish with Rudy G, remember that 10 months earlier, he went to GREAT LENGTHS to allow Rudy to introduce material DOJ knew was from a Russian agent with no legal risk to Rudy.
Read 8 tweets
15 Jun
Glenn, who's not disclosing that Julian Assange is being extradited in part because he helped Snowden escape to Russia, is policing those who lie about why Julian Assange is in jail.
FWIW, BI was MISTAKEN that Assange is still being held to punish him for jumping bail rather than being held WHILE US APPEAL is being heard because, in the past, he jumped bail.

Glenn, however, is surely covering up Snowden's role in Assange's arrest intentionally.
Reminder: Assange was first charged on the day of an attempt to exfiltrate him to Russia.
Read 8 tweets
14 Jun
The charge the Bustles are pleading to is parading in the Capitol.
Judge Hogan is reading from the Bustle's anti-vax signs, which are illegal inside the Capitol.

It was their anti-masking that did them in.
Jessica Bustle wanted to say something, but Hogan said it was time for her to say whether she wanted to go forward or not.
Read 5 tweets
13 Jun
There is no evidence Trump spied on McGahn. Literally NONE. And those outlets who have chased this like puppies bc Don McGahn got the best of them owe the public an apology.
Gonna spoonfeed this post bc there is SO MUCH MISINFORMATION being spun about subpoenas.

Some Perspective on the Politicized Leak Investigation Targeting Adam Schiff

emptywheel.net/2021/06/12/som…
1) This is NOT spying. The Schiff records and the McGahn records were, at most, call records (and w/McGahn probably not even that). These records are obtained on a "relevant to" standard, meaning there's also NO allegation that Schiff or McGahn were investigated personally.
Read 10 tweets
13 Jun
Don McGahn ALSO happened to be the former campaign finance guy for a notoriously corrupt political campaign, one that was coordinating with all number of SuperPACs.
I wonder what NYT is going to do when they "report" that Mueller obtained Michael Cohen's Trump Org CONTENT from Microsoft, with a gag?
McGahn was, as far as has been made public, not questioned about any of the sketchy coordination going on between independent SuperPACs and the campaign, of which at least 4 examples came up during the Mueller investigation.
Read 5 tweets
13 Jun
Timing of suboena that did not TARGET Schiff but nevertheless obtained his call records is pretty crazy: February 6, 2018.

As I note, that was < month after they found Signal texts on James Wolfe's phone, but not confirmation he was source on Page FISA.
emptywheel.net/2021/06/12/car…
But it would have been a time of real transition in National Security Division. Dana Boente had been Acting NSD (along with AG and DAG at times, as well as his day job, EDVA USA) since Mary McCord left. But he announced he was quitting in October 2017.
washingtonpost.com/local/public-s…
But he stuck around for his replacement, John Demers (who's still there awaiting his replacement, Matt Olsen). Still, BEFORE this subpoena, Chris Wray announced Boente as his new FBI GC.

washingtonpost.com/world/national…
Read 5 tweets
12 Jun
Carter Page Believed James Wolfe Was Ellen Nakashima's Source Disclosing His FISA Application Less than a Month After the Story

emptywheel.net/2021/06/12/car…
For a LOT of reasons, it'd be worthwhile to review the James Wolfe investigation, not least because it shows how FBI seized the CONTENT of a SSCI staffer's phone (by claiming he was compromised, which may be important background wrt Swalwell).
Wolfe was convicted of lying about his contacts with journalists, including Ellen Nakashima. But DOJ never proved he was the source for the FISA story--and they would have gotten search returns on his phone weeks before the Schiff/Swalwell subpoena.
Read 4 tweets
11 Jun
I love defendants who write down on paper all the security steps they're going to take on magic online services. This is Zach Alam, who broke the window through which alleged "protestor" Ashli Babbitt jumped through.

storage.courtlistener.com/recap/gov.usco…
Alam apparently was also using stolen license plates on his car, and had a bunch of IDs not belonging to him in his wallet when arrested.
In a recorded jailhouse call, Alam bitched that the VPN he was using didn't protect his location.
Read 5 tweets
11 Jun
The arrest affidavit for Chicago cop Karol Chwiesiuk has a nice map of where he was on Jan 5, walking right up to the barriers still up protecting the Capitol.

justice.gov/usao-dc/case-m…
Going back to the Chicago cop who got arrested today (for Jan 6, not JUST for being a Chicago cop), he appears to have confessed to have assaulted someone the night before the insurrection.
Now back to the cop. He apparently texted a buddy, "[N-word], don't snitch," which I guess is perfect Chicago cop-speak.
Read 13 tweets
11 Jun
AUSA notes that Kenneth Harrelson (whom Jason Dolan was with) was taking pictures at the Capitol on Jan 5, which he suspects was surveillance in advance of the attack.
AUSA is arguing that Jason Dolan tried to pull a cop out of his position guarding the East side of the Capitol.
AUSA says that "and others" were with Dolan, Harrelson, and Meggs as they headed to Pelosi's office.

[AUSA makes clear that the pic was not taken by the Oath Keepers.]

"They were looking for Nancy Pelosi."
Read 44 tweets