
How a Trump Prosecution for January 6 Would Work
The TV lawyers arguing for or against prosecuting Donald Trump seem to have no idea how DOJ would charge Trump if they were considering it. This post lays out what would be consistent with the prosecutions DOJ has already charged.

Joseph Hackett's Detention Argument: Guns, Operational Security, and Involvement in Kelly Meggs' Plans for Nancy Pelosi
According to a new detention memo for Oath Keeper Joseph Hackett, he is too dangerous to release because he's a leader of an organized militia, armed, obsessive about operational security, but also because he was privy to whatever plans Kelly Meggs had for Nancy Pelosi during the insurrection.

There May Well Have Been an Intelligence Failure in Afghanistan
The intelligence community did not fail to warn how fragile the Afghan government was. But it may have failed to understand how far up it had already sold out to the Taliban.

John Durham Won't Charge Any of Trump's Favorite Villains
On Friday, WSJ had an article that might have been titled, "John Durham won't charge any of Donald Trump's favorite villains." It reported that Durham is still considering charges against people outside of government and "lower-level FBI employees."
Mr.…

What If the US Had Fought the Saudis Instead of the Taliban?
What if we had spent the last twenty years dealing with climate change rather than occupying Afghanistan?

Don't Ignore What Trevor McFadden Has to Say about January 6
Judges in DC are having an outsized role in defining what January 6 was. But it'd be wise to focus more on what Trevor McFadden says about the attack than what Beryl Howell says.

Terrorists in the Tunnel: The Omnibus Indictment for Officer Daniel Hodge's Assault
When he testified before the January 6 committee about his assault, allegedly at the hands of two men charged in an omnibus assault indictment, Daniel Hodges called them terrorism. The indictment may well prove that their acts of violence against him and against our democracy were just that.

Lev Parnas Finally Gets His Rudy Documents -- But Not the Way He Wanted
Lev Parnas just got some files from Rudy Giuliani's iCloud. But probably in the way that leaves him the only the worst kinds of options to use them.

A Tale of Three Capitol Visitor Center Arrests: Why January 6 Is Different from Portland
DOJ says that one thing that distinguishes January 6 from riots in Portland is how much more evidence there is. In fact, there were blind spots in the panopticon of the January 6 insurrection. But even defendants alleged to have committed assaults in one of those blind spots were still trackable by a slew of other evidence.

The Rebellion Rorschach: The Many Faces of the January 6 Investigation
The January 6 investigation is white collar and complex conspiracy investigation floating on top of a riot prosecution, one on which the fate of our democracy rests. That makes it really hard for different judges to have a common understanding of the investigation.

Did Paul Gosar Take Actions on Behalf of Donald Trump that Contributed to Ashli Babbitt's Death?
On the Senate side, had Tommy Tuberville delayed his departure from the Senate after Trump called him, it might have led to the same kind of fatal conflict that led to Ashli Babbitt's death. Did Trump similarly call Paul Gosar before his delay on the House side did create such a conflict?

Why Did DOJ Delay Seven Months before Letting Jeffrey Rosen Testify?
It took seven months for Joe Biden's DOJ to decide to let Jeffrey Rosen share details of how Trump tried to get DOJ to support his claims of fraud. The question is why.

19 Minutes: The Tuberville Call and DOJ's Use of Obstruction in January 6 Prosecutions
Even as January 6 defendant Brady Knowlton's lawyers have argued that an official proceeding is one in which the parties can suffer dire consequences if rulings don't go in their favor, more evidence is coming out about how Knowlton's actions fit into a larger, undeniably corrupt scheme to deprive Joe Biden (and Kamala Harris, who was present and participating on that day) of their electoral win.

Scott Fairlamb Pled Guilty to Obstruction and Assault; Does That Amount to Terrorism?
At Scott Fairlamb's September 27 sentencing, we may learn whether DC Judges consider January 6 to be an act of terrorism.

The Danger Of Stupidity
No one is safe until we are all safe.

The Still Active Konstantin Kilimnik Investigation
Along with the 302s of the people Trump pardoned, the government also released Sam Patten's heavily redacted 302s showing an investigation into Konstantin Kilimnik must remain active.

"Leave the Rest to Me and the R Congressmen:" Trump's Big Lie and the Actual Harm of January 6 Obstruction
Before Trump told Jeffrey Rosen, "leave the rest to me," to steal the election, Trump had already started summoning his mob to DC. His invocation that "R Congressmen" would help him with his task reveal how real the harm of injustice from Brady Knowlton's actions was.

This Is Your D*ck on COVID-19: Reaching Stubbornly Unvaxxed Men
It's not a new idea that we encourage unvaccinated men to get the shot because their pee-pees are at risk if they get COVID-19. They just don't care.

Brady Knowlton's Lawyer Suggests There Were No Victims on January 6
Towards the end of a very nuanced debate over the use of obstruction to charge January 6 defendants, the lawyer for defendant Brady Knowlton, Brent Mayr suggested the January 6 vote count can't be an official proceeding because no one risked any harm on January 6.

Three Tea Leaves in Judge Tim Kelly's Matthew Greene Detention Decision
In a detention hearing for Proud Boy Matthew Greene, Judge Tim Kelly emphasized the gravity of the obstruction charge and the potential terrorism enhancement that most of the Proud Boy cases before him include.