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The Inadequate Declination Discussions in Both Special Counsel Reports

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emptywheel
The worst part of Jack Smith's Special Counsel Report is how he described Donald Trump intimidating witnesses, but didn't describe why he chose to respond with a gag rather than an indictment.
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If You Can't Stand the Hypotheticals, Get Out of the Cabinet

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Peterr
Pro tip for all Trump's nominees to high-level positions: if you don't like hypotheticals, you're lusting after the wrong job. Here's why.
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What Jack Smith Didn't Say about the January 6 Investigation

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emptywheel
As part of Kyle Cheney and Josh Gerstein's summary of the Jack Smith report, they argued that "Smith [came] to Garland's defense" regarding his conduct of the January 6 investigation before Smith was appointed, pointing to Smith's review of…
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How Right Wingers Rushed to DEI Hire Pete Hegseth

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emptywheel
Trump convinced Republicans to do something they claim they oppose: hiring someone who lacks qualifications for the job based on his identity.
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The January 6 Report Is Substantially the Immunity Brief Reporters Ignored in October

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emptywheel
Much of the language describing Trump's alleged crimes already appeared, in the immunity brief reporters largely ignored in October.
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Aileen Cannon Interfering with Chuck Grassley and Dick Durbin's Constitutional Duty

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emptywheel
Aileen Cannon is preventing Dick Durbin and Chuck Grassley from performing their duty to advise and consent regarding Trump's appointees.
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The FISA 702 Canard at the Core of Trump Debates

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emptywheel
Surveillance contractor Peter Thiel wants to know how Americans can claim to have privacy so long as the government continues to partner with he and his Tech Bro buddies to surveil on the world.
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Lemmings running off a cliff. Caption translates as Turn back? After we've come so far?

Individuality Is A Big Deal

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Ed Walker
If someone else makes critical decisions for you, are you an individual?
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Calvinball

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emptywheel
The fight over the Jack Smith report moved forward in the 11th Circuit -- but it's not remotely clear what it means.
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Will Aileen Cannon Succeed at Suppressing Hunter Biden Dick Pic Sniffing?

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emptywheel
I have no idea whether Merrick Garland's effort to narrow any dispute around the Jack Smith report will result in the release of the January 6 report before Garland leaves. But if it fails, I think it's likely to create big headaches for Trump's wildly conflicted DOJ going forward.
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Why and How to Hold John Roberts Accountable

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emptywheel
Every time Trump flouts the law, we need to remind people that John Roberts gave Trump sanction to do so.
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"False in Numerous Respects:" House Democrats Package Up Liz Cheney's Evidence of "Despicable Malice"

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emptywheel
In arguing that Speech and Debate would protect her even if there were no evidence to support the criminal referral Barry Loudermilk made against her, Liz Cheney suggested that that same Speech and Debate protection is the one thing that protects him from a defamation claim.
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Barry Loudermilk Wasted $250K Making Security Footage available on Rumble

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emptywheel
Barry Loudermilk wasted $250,000 of taxpayer money so extremists who favor Rumble could have privileged access to security footage showing how US Capitol Police defend the Capitol.
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Lefty Pundits Absolve Their Own Failures on Holding Trump Accountable for His Coup

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emptywheel
In October, Jack Smith provided new information about Trump's premeditation to use violence on January 6. And most of the same people complaining that DOJ didn't provide more information on the case against Trump missed it.
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Yes, Trump Is Trying to Prevent the Release of Jack Smith's Report

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emptywheel
As I expected he might, Trump is trying to prevent Jack Smith from releasing his report.
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Open Thread: Reading Is Fundamental As Is Journalism

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Rayne
In which a few birds are killed with one post: an open thread published, a discussion thread launched on a topic in which most of us have an interest, and address an essential issue critical to our survival over the next several years. LFG!
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Gravity and Trump's Conspiracy Cabinet

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emptywheel
Gravity will undoubtedly bring to earth the conspiracies of all the people Trump is installing to defy science. But I'm much less confident that anything will ground Kash Patel's even more expansive conspiracy theories.
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