Posts

DOJ just filed a motion to reconsider Carl Nichols' opinion rejecting their application of obstruction to the vote certification that amounts to saying, "do you really think it's wise for a former Clarence Thomas clerk to adopt an opinion that is such an outlier on this court?"

While Judge David Carter's order finding it likely that Trump obstructed the vote certification has led everyone to embrace that crime, that has not yet led to the realization that the criminal evidence all works backwards from the bodies at the Capitol.

The lawyer Rudy Giuliani and Steve Bannon share made privilege claims identical to the ones that Judge David Carter just rejected from John Eastman. That makes it likely that DOJ already has a number of the records Eastman was trying to withhold from the January 6 Committee.

If a Fancy Bear shits in the DNS woods but there’s no one there to see it, did it really happen? If there's a DOD contract to look for it, then, yes, it probably happened.

Since August 19, I have been telling TV lawyers that if Trump were to be prosecuted for January 6, it would be for conspiracy to obstruct the vote count. Yesterday, Judge David Carter ruled that it was likely Trump had committed that crime (though he reached that judgement using a lower standard than DOJ would need to meet in four ways).

The Promised Land

John Durham and Michael Sussmann are about to have a fight about whether Durham can insinuate Sussmann was conspiring with people he never met with.

Clarence Thomas could have covered up more than the embarrassing communications his spouse had with Mark Meadows with his decision to uphold Trump's expansive privilege claims surrounding January 6. He could also have covered up communications that should exist at the Archives but which were destroyed.

It's the fourth and final day of U.S. Senate Judiciary Committee's confirmation hearings on the nomination of Judge Ketanji Brown Jackson to the Supreme Court.