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Three Things: Omigod Omicron

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Rayne
The Biden administration will mount a response to the explosion of Omicron variant COVID cases. It follows some corporate stupidity which may have left the door open to this new surge.
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The Intransitive Corruption of the Oath Keepers

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emptywheel
In a ruling affirming DOJ's application of "obstruction" to the January 6 riot, Judge Amit Mehta ruled that "corruptly" in 18 USC 1512(c)(2) is intransitive, meaning defendants themselves must have had the intent of acting corruptly.
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Angry Mom: Thanks, Joe “2022 Will Be an Electoral Bloodbath” Manchin [UPDATE-2]

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Rayne
At least 53 people deserve a swift comeuppance for letting down the American people, beginning with 50 GOP senators and Joe Manchin.
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Hot and Cold Running John Durham Conspiracy Conspiracies

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emptywheel
In one side of the John Durham investigation, he claims that Igor Danchenko must waive conflicts that might arise if people implicated in the conspiracy he has not yet charged. In the other side, Durham claims that Michael Sussmann is not entitled all the 302s of that same conspiracy.
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How SDNY Came to Treat James O'Keefe Better than Former SDNY US Attorney Rudy Giuliani

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emptywheel
Somehow and for some reason, the President's former lawyer is being treated less favorably by his former office than your garden variety rat-fucker. The reasons why that might be bear some consideration.
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Two Months after Insinuating Ali Alexander Should Be Held Responsible for January 6, Jonathan Moseley Claims To Be His Lawyer

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emptywheel
Two months ago, when he was nominally representing Zach Rehl, Jonathon Moseley insinuated that Ali Alexander should be held accountable for any violence that happened on January 6. Yesterday, he showed up on a lawsuit claiming to be Alexander's lawyer.
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This Is My O Face: Welcome, Omicron [UPDATE-1]

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Rayne
Guess who's getting tested for COVID today? Now with additional content and update.
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In Their Bid for Special Master, Project Veritas Provided Evidence of Possible Extortion

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emptywheel
In an attempt to boast about Project Veritas' ethics, one of its lawyers produced evidence that James O'Keefe had already decided not to publish Ashley Biden's [allegedly stolen] diary when someone called up Joe Biden and tried to extort an interview from him.
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The Pied Piper of Insurrection, and Other Challenges in Charging the January 6 Organizer-Inciters

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emptywheel
The government is already prosecuting several "organizer-inciters" of the January 6 riot, including Brandon Straka, Alan Hostetter, and several InfoWars employees. But these prosecutions face First Amendment challenges that most of the other 700 prosecutions don't.
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Finally, Everyone Is Talking about Trump's Obstruction on January 6

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emptywheel
Thanks to Liz Cheney's exposure of all the Fox hosts and Trump children desperately asking him to stop the assault on January 6, the commentariat finally understands the role of obstruction in the January 6 investigation.
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The Video Authentication Challenge: Aaron Mostofsky

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emptywheel
A filing in the Aaron Mostofsky case explains how DOJ plans to authenticate the publicly-obtained video evidence it will use at trial.
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Have Ethan Nordean's Hopes Been Semi-Colon'ed by Dabney Friedrich's [Chapter and] Verse?

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emptywheel
In an attempt to criticize Dabney Friedrich's close reading of law, Ethan Nordean's lawyers sided with the semicolon over the dash in their own exposition of Emily Dickinson's poetry.
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Mark Meadows Promised the Kind of National Guard Protection that Proud Boy Charles Donohoe Seemed to Expect

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emptywheel
According to the contempt report on Mark Meadows, he passed on the expectation that the National Guard would protect, rather than police, the rioters supporting Trump.
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The Virgin Birth of Sidney Powell's Fraud Fund

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emptywheel
A grand jury is reportedly investigating Sidney Powell's grift. That may focus some attention on the timing of when her representation of Mike Flynn ended and her involvement in Trump's election attack began.
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Dabney Friedrich Rejects Challenge to January 6 Obstruction Application

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emptywheel
In the first opinion assessing DOJ's novel application of obstruction in January 6 prosecutions, Trump appointee Dabney Friedrich upheld DOJ's approach.
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Joshua James' Frequent January 6 Updates on His Jilted VIPer

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emptywheel
Per the Oath Keeper's operational lead on January 6, Mike Simmons, Joshua James was giving him updates every time the VIP he was guarding -- which is likely Roger Stone -- moved. Only, Roger Stone claims he didn't move from the Willard that day. At least not physically.
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Liar's Poker: The Complexity of Julian Assange's Extradition

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emptywheel
I'd like to protect journalism. That requires opposing the Espionage Act charges against Assange for obtaining classified information and publishing it. But it also requires telling the truth about Julian Assange.
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DOJ's Ex Parte Classified Plans for Joshua Schulte -- and Maybe, Julian Assange

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emptywheel
Before and after the extradition appeal for Julian Assange, DOJ submitted an ex parte filing in the Joshua Schulte case that, they said, would affect the timing of Schulte's retrial next year.
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Bennie Thompson Will Need to Bill FBI for the Affidavits He's Writing for Them

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emptywheel
Mark Meadows's efforts to clown around with the January 6 Committee have provided substantial material that DOJ can use to conduct their own investigation into his actions on January 6.
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