Resistance To Power

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Ed Walker
We can look at aspects of society groups of people push back at to see the outlines of power.
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11th Circuit to Trump: You're Not Special

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emptywheel
A very conservative panel, including two Trump appointees, just confirmed that he's not special anymore. 
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More on the Government's January 6 Google GeoFence

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emptywheel
The government response to David Rhine's motion to suppress warrants obtained as part of and subsequent to a Google GeoFence lays out more reason why this application of a GeoFence is unlikely to be replicated.
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Skull and Bones: The Proud Boys' Non-Conspiratorial Secret Society?

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emptywheel
There's a lot that was left unsaid in the various sentencing memos for the two Proud Boy Nicks: DeCarlo and Ochs, perhaps appropriate to Ochs' high level access primarily through a chat named after Skull and Bones.
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On the Shoddy Journalistic Defense of "WikLeaks"

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emptywheel
It took a little old emptywheel to point out to some of the world's leading newspapers that they hadn't fact-checked a letter purporting to defend the principles of journalism.

On Trump, the Anti-Semites, and the Coup Attempt: The Import of Nick Fuentes' Reference to January 6

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emptywheel
Nick Fuentes' complaint about Trump's lack of support for January 6 defendants deserves closer focus.
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How Richard Barnett Could Delay Resourcing of the Trump Investigation

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emptywheel
One the day before Jack Smith was appointed Special Counsel, DOJ objected to any delay in Richard Barnett's December 12 trial. Four days after the appointment, DOJ decided they'd be happy to have the delay on account of an "anticipated change in government trial counsel."
[Photo: Jose Chavez via Unsplash]
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Trash Talk: Here for 'The Big Game'

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Rayne
As promised: a Trash Talk post for The Big Game. Here it is, have at it. This is an open thread.
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Litigating "'Normies' Smash[ing] Some Pigs to Dust" in the Proud Boy Leader Conspiracy

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emptywheel
For the last two months, DOJ and the Proud Boys have been arguing about whether DOJ can use evidence that the Proud Boys intentionally riled up "the normies" as part of the attack on the Capitol.

Turkey in Limerick

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emptywheel
Happy Thanksgiving!
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Open Thread: Countdown to T-Day

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Rayne
Many folks are preparing for Thanksgiving Day tomorrow if not traveling over the river and through the woods to grandmother's house. Share your prep work here including recipes. This is an open thread.
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Trump Finally Describes How FBI Injured Him: By Taking his Celine Dion Picture

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emptywheel
The most important part of the hearing in the stolen document case before the 11th Circuit Tuesday came when Chief Judge William Pryor asked what the 11th Circuit should do if they find for DOJ. It seemed to me that because this is an appeal…
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Ransacked! 120 Minutes before 11th Circuit Hearing, Trump Attempts to Create a Fourth Amendment Injury

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emptywheel
Trump is outraged that along with 7 Top Secret documents, the FBI seized the book and the golf shirt or gift he had stored with the stolen Top Secret documents.
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11th Circuit Showdown: The Fight to Get the Documents to Charge against Trump

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emptywheel
The outcome of today's argument before the 11th Circuit will likely dictate how quickly Jack Smith would be able to consider charging Trump for stealing classified documents.
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The Curiosity of Norm Pattis' Third January 6 Client's Delayed Arrest

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emptywheel
Why would a Maryland guy in legal trouble in DC hire CT lawyer Norm Pattis, and was the InfoWars hat he wore to insurrection just a wild coincidence?
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Trash Talk: Dead on the Field

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Rayne
FIFA's dead bodies below the field, Kyrie Irving's hate speech, Detroit not at Detroit but Buffalo instead. This is an open thread.
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What If the Special Counsel Is about Scott Perry, not Just Donald Trump?

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emptywheel
Given how narrow the GOP majority in the House is, any investigation into a sitting member of Congress could more immediately disrupt the status quo power than an investigation into a potential Presidential candidate. Which means the appointment of Jack Smith as Special Counsel may also pertain to the investigation of Scott Perry's actions leading up to January 6.
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Merrick Garland Names War Crimes Prosecutor Jack Smith to Oversee Trump Investigations

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emptywheel
I mostly feel like the decision to appoint war crimes and public corruption prosecutor Jack Smith as Special Counsel is a "meh" decision. But it will make subpoenaing Ginni Thomas easier.