For 2nd day in a row, GOP lawmakers hit Garland for proposing only 4 new DEA agents as Fentanyl deaths surge. But AG says real no. is 131, counting agents OK'd this year but not yet hired. Garland: 'The budget math and the actual math doesn’t always add up.' Democrats are pointing out that across-the-board cuts GOP would impose government-wide as part of debt limit extension would actually slash spending by about 22%. Garland says: 'It would be devastating for our efforts to combat drug trafficking. Totally devastating.'

ON STAND NOW at Proud Boys trial as defense witness: S. Fla. rabbi Former Proud Boy George Meza. Meza on his exit: 'We in some way turned on each other and I was voted out of the club.' But generally presenting a flattering view of Proud Boys & their ideology Meza says Proud Boys rules barred those 'currently identified' as white nationalists. They're kicked out 'or they're supposed to be,' he says

At least 5 Republican senators here at SJC hearing seeking second round of Qs for Garland. Earlier: politi.co/3SBmBmw via @politico @politico Sen. Lee on 702: 'Not a chance in hell we’re going to be reauthorizing that thing without some major major reforms.'

HAPPENING NOW: AG Merrick Garland at Senate Judiciary Committee oversight hearing. Kicking off now. GOP senator(s) seem to have brought poster board visuals Durbin wastes no time getting to prebuttal of expected GOP talking points, brings up Hunter Biden (although not by name, just as the president's son)

Proud Boys trial drama: defendant Joseph Biggs' lawyer Norm Pattis proposes 'simple & elegant' solution that he withdraw from case in part due to his bar suspension related to Alex Jones case. Patiis also cites 'irreconcilable differences' with co-counsel Dan Hull Judge Kelly says he is inclined to let Pattis go but not until another conflict issue with Hull is resolved. Hull gets up calls what Pattis said a 'complete falsehood.' Judge cuts him off. Hull keeps talking. Judge: 'Mr. Hull, take your seat, sir!' Hearing recessed may return

At DC federal court this morning...Still in jury selection for Pelosi desk-sitter Richard Barnett....Proud Boys trial jury is chosen but we're in a semi-hiatus as defense lawyers argue, again, for change of venue based on juror bias...also lawyer issues to work through Carmen Hernandez, lawyer for Proud Boy Zachary Rehl: 'We're getting smacked with the media attention out of Jan.6 committee right as we’re starting trial...This case is a perfect storm of those prejudicial aspects.'

A few thoughts on #SCOTUS this morning....1st oral arguments of 2023...The conservatives were vocal this morning and by conservatives I mean Justices Kagan and Sotomayor....(I published this look at Kagan during the holiday break politico.com/news/2022/12/3… ) The 1st case argued was both arcane and obscure. It's actually largely under seal. It's about whether attorney-client communications are privileged when there were mixed-purposes for the exchanges.

HAPPENING NOW: House hearing on #SCOTUS ethics concerns discussed here politi.co/3P9UMQk politi.co/3tHllmh Chairman Nadler: 'The justices own reporting requirements are severely lacking...Supreme Court justices cannot self police their own ethics and we shouldn’t expect them to.'

HAPPENING NOW: 11th Cir Judge Bill Pryor opens Federalist Society conference in DC by mocking @SenWhitehouse and poking fun at claims that Leonard Leo is at center of a dark money web Also getting dinged: @Dahlialithwick @rickhasen @ElieNYC @mjs_DC @atlblog

HAPPENING NOW: Trump lawyers Alina Habba & Chris Kise, among others, just entered Manhattan courtroom for hearing on injunction NY AG Tish James is seeking that could cripple Trump's business empire. Earlier: politi.co/3T2Q5rV Judge Engoron says he will rule 'possibly even today'

HAPPENING NOW: Oathkeepers trial back underway. Judge Mehta rules that defense cross 'In my view certainly doesn’t open the door' to admission of an alleged targeting 'death list' kept by deft Caldwell & says it has 'nothing to do with alleged conspiracy' Oathkeepers deft Tom Caldwell wrote in a Dec. 2020 email/'ops plan': 'We will be operating in an urban environment and this mission is more of a search and destroy mission but without the need for an overt military show of force.' Then discusses need for quick reaction force

SIREN: Feds demand writ of replevin (!) against former Trump trade adviser and accused misdemeanant contemnor Peter Navarro. Doc: bit.ly/3foNxpR Earlier: bit.ly/3foNxpR I remember when they use to slap people with that writ on Hawaii-Five-O

In Brooklyn for 1st appearance of Trump lawyers and prosecutors before special master in Trump Mar-a-Lago docs fight. Senior US District Court Judge Ray Dearie Much of the press has been positioned in jury box facing Trusty, Halligan, Kise and Corcoran. Trusty jokes: We've already objected to this jury.

HAPPENING NOW: Judge Metha holding pretrial conference re Oath Keepers seditious conspiracy trial now set for Sept. 26. Defense seeking to delay it due to House #Jan6. Haven't got to that yet. Discussing jury selection Mehta re questionnaire: 'Brevity is better here….nobody wants to have a 2 week jury selection.' Also he says he thinks open-ended Qs about media consumption may be unhelpful (doesn't mention if they're improper).

So, here's the main thing I was left wondering after today: If the evidence shows Reffitt was planning to 'overtake our government,' we have a law for that: sedition. So, why were the Proud Boys and Oath Keepers' charged with that and not Reffitt? Was it just timing?

https://twitter.com/AWeissmann_/status/1554172766169042945

He was set for trial in February when DOJ brought 1st seditious conspiracy cases in Jan. 2022. Adding sedition might've caused his trial to be delayed. Maybe prosecutors worried they'd lose the sedition count in a case where jurors had many other options & deft seemed scattered?

HAPPENING NOW: Sentencing underway for Guy Reffitt, 1st #Jan6 defendant to go to jury trial, which ended with five felony convictions. Among those charges: witness tampering for threatening his own son. Earlier: politi.co/3MzkCvy Judge Friedrich says she concerned that govt request for 15 years is far beyond what others have gotten. Judge: 'His decision to exercise his constitutional right to go to trial should not result in a dramatically different sentence.'

Gaston: This case is not complicated but it is important. This is a simple case about a man, that man, Steve Bannon, who didn’t show up....When it really comes down to it, he did not want to recognize Congress’ authority or play by the government’s rules.' Nichols in jury instructions and just told jurors that neither executive privilege nor any other legal claim is a valid defense to the charged crime--a key issue in the case. Now prosecution beginning closing arguments.

HAPPENING NOW: Jury instructions & closing arguments about to get underway at Steve Bannon contempt of Congress trial. Looks like AUSA Molly Gaston will deliver the govt closing (at least 1st part). Earlier: politi.co/3OktjcV Bannon's lawyers just filed notice about House #jan6 committee's mentions of Bannon last night, including audio from @motherjones of Bannon predicting before 202 election that Trump would contest it even if he lost. Defense has said this could infect jury and wants some inquiry

COURT RESUMING at Bannon trial: This morning we learned Bannon won't testify and defense doesn't plan to put on any case. Judge now hearing defense presentation about why they needed Jan. 6 panel chairman Bennie Thompson or other members as witnesses Judge Nichols again reminds that he threw out Bannon's main potential defenses because he thought they are precluded. Nichols: 'I was bound by D.C. Circuit precedent that I’m not even sure is right.'

HAPPENING NOW: Bannon trial getting underway at US Dist Court in DC. Preliminaries as we await jury. Govt rested yesterday. Unclear whether defense plans to present any case. Discussing now timing of various motions and closing. politi.co/3PDbTJu Judge now discussing whether it was proper for defense to say in front of jury that defense planned to move judge to dismiss case. Common motion but not commonly raised in front of the jury.

NEW: Judge vows Bannon trial won't become 'political circus' after defense argued to jury that all evidence in case may be tainted by politics. No discussion in court of Bannon railing outside against #J6 committee & trial decisions. w/@kyledcheney politi.co/3PDbTJu @kyledcheney Prosecution has finished questioning House #J6 counsel Kristin Amerling and cross-examination by Bannon's lawyers just began. Def atty Evan Corcoran begins by asking her to confirm this case doesn't involve any claim that Bannon took part in events of 1/6/21.