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In His Impeachment Defense, Trump Cites Mike Pence Admitting Trump Made an Unconstitutional Demand

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emptywheel
In his first impeachment brief, Donald Trump spent 14 pages ignoring key allegations pertaining to Mike Pence. In his defense brief, Trump not only ignores those allegations, but cites a document in which Mike Pence describes Trump asking him to take an unconstitutional act.
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The Insurrection Affidavits Don't Show Where the Insurrection Was Organized

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emptywheel
There's a big rush to draw conclusions about role Facebook had in the January 6 insurrection. It's too early to draw any conclusions yet.
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The Pandemic Super Bowl LV

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bmaz
The day has arrived. The Bucs and Brady versus Mahomes and the Chiefs.
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Another Violent Foot Soldier Radicalized by Donald Trump

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emptywheel
In this post, I noted that many of the people who engaged in the most violent action on January 6 were not known to be part of one of the organized militia groups, which seem instead to have set off and channeled the violence of others. I described…
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While Lindsey Graham Was Stalling Merrick Garland's Confirmation He Was Hoping for Imminent Hunter Biden and John Durham News

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emptywheel
During the period Lindsey Graham was senselessly delaying any confirmation hearing for Merrick Garland, he was also obsessing about two investigations he is certain will hurt Democrats.
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Raskin's Gambit

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emptywheel
In his opening brief on impeachment, Trump couldn't leave well enough alone and adhere to the Senate Republicans preferred way to get through impeachment, just claiming the entire thing is illegal. Instead, he made several denials that Jamie Raskin has used as an opening to force Trump to choose whether to testify or not.
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DOJ Moves Towards Parallel Conspiracy Prosecutions of the Oath Keepers and Proud Boys

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emptywheel
DOJ is now pursuing conspiracy prosecutions against both the Oath Keepers and the Proud Boys, both having the same object (to delay the vote certification) and both using some of the same overt steps.
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The January 6 Investigation Remains in an Early Stage

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emptywheel
It will take DOJ some time to fully investigate the January 6 insurrection. But there's no sign, yet, that it won't be fully pursued.
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The Soft Bigotry of Expecting the Commander in Chief to Only Tweet

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emptywheel
One remarkable thing about the House impeachment brief is it doesn't even focus on what the Commander in Chief normally would do as his country was under attack.
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Trump's Impeachment Defense Is Silent about His Unconstitutional Demand of Mike Pence

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emptywheel
In his impeachment defense, Trump says that his incitement of violence was protected by the First Amendment. But he doesn't address the illegal demand he made of Mike Pence, and the way Trump focused the anger of the insurrectionists as a result.
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The Selfie Cops: Obstructing an Official Proceeding

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emptywheel
As insurrectionists begin to get indicted on evidence that the government won't have to share publicly, we'll likely see more obstruction of an official proceeding charges.
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Donnie The Wimp And His Impeachment Coffin

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bmaz
Lol, for the uninitiated, that means Trump never paid a dime as to a retainer, and never signed a fee agreement. Same old clown car, same old song and dance my friends.
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The Role of Trump's Incitement in Providing Violent Foot Soldiers [Updated]

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emptywheel
The case of Emanuel Jackson -- one of the January 6 rioters charged with assaulting police -- ties Trump's rally directly to violence in the service of halting the vote certification.

Dewey On The State

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Ed Walker
Is there such a thing as the state?
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Spaz: More than Just a Thumb Drive [Updated]

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emptywheel
The government points to proof that Dominic Pazzola can be violent to justify their big to deny him bail. But their motion presents as much evidence that they want him jailed to protect their conspiracy investigation.
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Kevin Clinesmith Sentenced to a Year of Probation

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emptywheel
James Boasberg just gave Kevin Clinesmith sentence of one year of probation.
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Trump's Role in a Seditious Conspiracy Won't Go Away with an Impeachment Vote

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emptywheel
Political journalists are describing this Trump impeachment vote like the last one, as something to get done before moving back to everyday political squabbling. That fails to account for the way a massive investigation into the insurrection must, inevitably, account for Donald Trump's role and might even one day include him.
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Tunnels and Trump: The Missing Details in the Oath Keeper Conspiracy

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emptywheel
DOJ crafted a clean conspiracy indictment for the three Oath Keepers charged so far. It's clear where Oath Keepers from North Carolina, whoever directed the Oath Keepers around the Capitol, and even Mike Flynn or Donald Trump might be included in this conspiracy, as drawn.
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Whither the Douglass Mackey Investigation?

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emptywheel
A trusted Bill Barr associate, Seth DuCharme, just rolled out a prosecution of pro-Trump voter suppression from 2016.