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Unpacking a January 6 Phone Warrant
This is what a warrant application for the phone of a minor January 6 insurrectionist looks like.
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Insurrection Inciters Ted Cruz and Josh Hawley Only Want the Violent January 6 Criminals Prosecuted
Both Ted Cruz and Josh Hawley are already working to undermine any investigation into non-violent action that contributed to the insurrection on January 6.
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Chain of Command: The AWOL Descriptions of the Commander in Chief's Role in the National Guard Non-Response on January 6
DOD's selected witness for a Homeland Security hearing on January 6 yesterday said that DC Guard Commander General William Walker couldn't send the Guard to help protect the Capitol because of the chain of command. But the Commander-in-Chief seems to be AWOL from that chain of command.
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Federal Protective Services Looking for Terrorists on Facebook, Not TheDonald or Parler
Federal Protective Services was figuring out how to prepare for January 6 by monitoring Facebook, not Parler or TheDonald.
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The Passport and the Antifa Hunt: The Militia Counter-Stories Emerge
Ethan Nordean and Thomas Caldwell are both telling stories. Neither of the stories rebuts the central charges against them.
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Josh Hawley Shocked and Alarmed to Discover the FBI Would Follow the Money behind Right Wing Terrorists
The January 6 insurrection happened on social media. And yet Josh Hawley seems shocked that, more than 270 arrests into the investigation of that insurrection, the FBI might have spoken to the social media companies and, pursuant to legal process, obtained evidence from them.
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Journalists May Be Most at Risk (as Described) from a Presumed January 6 GeoFence Warrant
The innocent bystanders most significantly impacted from a likely geofence warrant obtained from Google in conjunction with the January 6 riot are most likely journalists, because they had legal reason to be present but may not, yet, be excluded from investigative databases.
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Oath Keepers Learn the Hard Way: Don't Plan an Insurrection on Facebook
Two of the Oath Keeper co-conspirators, Thomas Caldwell and Graydon Young, tried to delete the Facebook records of their plans for insurrection. It didn't work.
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Beryl Howell Takes an Early Swipe at the Trump Made-Me-Do-It Defense and Other Detention Standards
In an opinion ordering pre-trial detention for Proud Boy William Chrestman, Chief DC Judge Beryl Howell lays out a framework that the DC District judges might use to establish some consistency in they way they review detention decisions -- including the claim that Trump invited defendants to break the law.
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The Expected Plateau in New January 6 Defendants became a Stream of New Assault Suspects
There are still upwards of 100 assault suspects from January 6 at large. But a greater percentage of recent arrests have been for assault.
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Congress versus the Constitution: Merrick Garland's Second Reconstruction
Merrick Garland will be confirmed without cowing to Republican efforts to equate their own assault on the Constitution with political protest. But such efforts will intensify after he assumes office, particularly if Durham fails to find the crimes that really don't exist and as DOJ gets closer to Trump or members of Congress.
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Dominic Pezzola Guesses Wrong, Gets Labeled a Terrorist for His Troubles
In a bid to have his bail reconsidered, Proud Boy Domonic Pezzola guessed that a key government witness against him was the guy who recruited him into the Proud Boys. According to the government, Pezzola guess wrong. Along the way, Pezzola gave the government the opportunity to describe his actions as terrorism.
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Government Refuses to Let Steve Bannon Sneak Away from His Federal Fraud Indictment
Last week, Steve Bannon's lawyer attempted to get him struck his Federal indictment with no repercussions. That effort will probably fail.
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Dewey’s Functional Description Of Democracy
Turning theory into practice is hard.
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A Tale of Two Zip Tie Guys: The Different Fates of Eric Munchel and Larry Brock
The government is pushing hard to keep one Zip Tie Guy, Eric Munchel, in jail awaiting trial. With the other, retired Colonel Larry Brock, they're already moving towards a plea on trespass charges.
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Government Uses T-Word about the Oath Keepers
The government has shown Oath Keeper Jessica Watkins planned and trained a cell to fight Joe Biden's government starting even before the election. Watkins herself has now shown that the Secret Service told her to take off her tactical gear when entering a secured area, but put that gear back on to enter a different secured area. The government has now shown she doubled down on her allegiance to the Oath Keepers after the destruction of the insurrection became clear.
We'll see later today whether that's sufficient cause to label someone a terrorist.
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Merrick Garland Is Killing It
The SJC hearing is on the major cable channels and CSPAN. Streaming everywhere too I assume. It is really good viewing, as these things go. Yes, Ted Cruz came across as applicant to replace Sean Hannity. Yes Chris Coons preened for the cameras.…
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Jessica Watkins Defends Herself by Claiming the Armed Militia Parade Was Part of the Plan
Jessica Watkins says she shouldn't be detained because her trained militia got to the Capitol after its doors had already been badly damaged. But in the process, she admits she was supposed to be the military guard for people attempting to overturn the legitimate results of the election.
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The New Recruits on the Front Line on January 6
The insurrectionists breached the Capitol with flagpoles and bullhorns. And some of the key players leading that breach were recent recruits to the organized militia leading the way.
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Enrique Tarrio Really Doesn't Want the FBI to Search His Laptop
Enrique Tarrio's effort to pre-empt any warrant on the laptop seized when he was arrested in January 4 is more interesting given reports that the Feds may open a full investigation into Roger Stone.