January 6th legal proceedings and investigations megathread

[GeorgiaModerate]

https://twitter.com/ryanobles/status/1544447838737817600

[GeorgiaModerate]

https://twitter.com/AndrewFeinberg/status/1544690185291669504

[GeorgiaModerate]

https://twitter.com/MeetThePress/status/1544761328933318656

[GeorgiaModerate]

https://twitter.com/nprpolitics/status/1545092925041922050

This is in addition to the hearing scheduled for July 12 at 10am EDT.

[GeorgiaModerate]

https://twitter.com/hugolowell/status/1545088930655117313

[GeorgiaModerate]

https://twitter.com/JulesJester/status/1545442179312754690

[GeorgiaModerate]

I think basically he just doesn't want to talk about any conversations he had one on one with Trump.

There are certainly reasonable privilege limitations on such communications between the White House Counsel and President.  But the other things he can likely testify to outside of privilege are probably making Trump extremely nervous.

[GeorgiaModerate]

https://twitter.com/kyledcheney/status/1545542439275986945

[GeorgiaModerate]

Trump considers waiving claim of executive privilege for Steve Bannon

Former President Donald Trump is considering sending a letter to Stephen K. Bannon saying that he is waiving his claim of executive privilege, potentially clearing the way for his former chief strategist to testify before the House select committee investigating the pro-Trump riot at the Capitol.

The letter would reiterate that Trump invoked executive privilege in September 2021, when Bannon was first subpoenaed by the House committee. But it would say that the former president is now willing to give up that claim — which has been disputed — if Bannon can reach an agreement on the terms of an appearance before the panel. The letter was described by three people familiar with it, who spoke on the condition of anonymity because of the matter’s sensitivity.

Some advisers were seeking to talk Trump out of signing the letter.

Bannon was charged with contempt of Congress in November 2021 for refusing to comply with the subpoena. A trial on those charges is scheduled to begin July 18, though Bannon has sought to delay the proceedings.

https://www.washingtonpost.com/national-security/2022/07/08/bannon-executive-privilege-trump-january-6/

Might mean he will testify because this is what he said he wanted to testify. Also could mean DOJ is putting pressure on Bannon.

This is meaningless.  There is no possible executive privilege claim for Bannon.  Apart from the fact that the current President has the final say on such claims -- and Biden has denied all such -- there could be no conceivable privilege because Bannon wasn't an employee of the U.S. government at the time.  He left his government position in 2017!

[GeorgiaModerate]

https://twitter.com/jamiegangel/status/1545608435466657793

[GeorgiaModerate]

A theory floating around on legal Twitter is that Trump may be under investigation for obstruction of justice, that Trump knows it, and his letter waiving the (non-existent) privilege might be an attempt to demonstrate that he's not standing in the way of an investigation.

[GeorgiaModerate]

https://twitter.com/January6thCmte/status/1546279370985275392

[GeorgiaModerate]

It also sounds like Bannon wants to testify during one of the live hearings, rather than give a deposition. I absolutely would not put it past him to want to be able to say random stuff (even under oath) to try to discredit the hearings.

"Mr. Bannon is willing to, and indeed prefers, to testify at your public hearing."  https://www.documentcloud.org/documents/22082944-rjcostello-letter-to-chairman-thompson-07092022

I believe the committee is smarter than to give Bannon that kind of opportunity.

[GeorgiaModerate]

https://twitter.com/haleytalbotnbc/status/1546527839457083392

I'm guessing this is because of the short turnaround time from tomorrow's hearing amid reports that a ton of new evidence has come in lately.

[GeorgiaModerate]

Bannon's pretrial motions were denied by a Trump-appointed judge.  His trial for criminal contempt of Congress starts Monday, barring last-minute delays.

A federal judge ruled Monday that Steve Bannon cannot tell members of a jury he defied a congressional subpoena under orders from former President Donald Trump.

U.S. District Judge Carl Nichols, a Trump appointee, granted government motions to block Bannon from relying on entrapment by estoppel and public authority defenses that would have seen him argue he failed to appear for a deposition before the January 6th Committee because he was following orders from the former president. Bannon served for a time as Trump's 2016 campaign manager and as a senior adviser in the White House, but had been gone from the administration for three years before Jan. 6, 2021.

https://www.wusa9.com/article/news/national/capitol-riots/steve-bannon-cant-tell-a-jury-trump-instructed-him-to-defy-subpoena-judge-rules-january-6-quash-no-defense-contempt-congress/65-f1158043-e29f-4c13-966f-81fd189b5c3c

For more details, see the long Twitter thread that ends here:

https://twitter.com/kyledcheney/status/1546561587250712578

[GeorgiaModerate]

A Fulton County judge has ordered U.S. Sen. Lindsey Graham to testify in front of a special grand jury looking into possible election tampering by former President Donald Trump in the November 2020 election.

Fulton County Superior Court Judge Robert McBurney ruled Monday that Graham will be required to testify on Aug. 2 after Graham said he would fight a subpoena to testify, citing executive privilege.

https://www.wsbtv.com/news/local/atlanta/sen-lindsey-graham-ordered-testify-front-special-grand-jury-trump-election-probe/CWFIZ4EZLFBY3L3MEMJPA6TVL4/

[GeorgiaModerate]

A Fulton County judge has ordered U.S. Sen. Lindsey Graham to testify in front of a special grand jury looking into possible election tampering by former President Donald Trump in the November 2020 election.

Fulton County Superior Court Judge Robert McBurney ruled Monday that Graham will be required to testify on Aug. 2 after Graham said he would fight a subpoena to testify, citing executive privilege.

https://www.wsbtv.com/news/local/atlanta/sen-lindsey-graham-ordered-testify-front-special-grand-jury-trump-election-probe/CWFIZ4EZLFBY3L3MEMJPA6TVL4/

Good.

But what happens when Lindsey just doesn't show?

Presumably he would be found in contempt of court, for which the judge can impose a fine up to $1000 and/or imprisonment up to 20 days.

[GeorgiaModerate]

https://twitter.com/mkraju/status/1546878553421144065

[GeorgiaModerate]

https://twitter.com/RadioFreeTom/status/1546920198103597059

[GeorgiaModerate]

Cheney: after the last hearing, Donald Trump attempted to call a witness (who has not yet appeared).  The witness didn't answer but informed their lawyer, who informed the committee.  And they've informed the DOJ.

[GeorgiaModerate]

The guy today said they left the Capitol when Trump tweeted that they should leave (hours later) and said if he tweeted that earlier they would have left then. So that's on Trump then for not telling them to leave immediately after the breach.

Leaving the Capitol is immaterial. Pence's treason had already taken place by that point.

Do look up the Constitutional definiton of treason. It's in Article III.

[GeorgiaModerate]

And now back to real news...

https://twitter.com/ZcohenCNN/status/1547006546781130753

[GeorgiaModerate]

https://twitter.com/kyledcheney/status/1547289576586129408

[GeorgiaModerate]

https://twitter.com/ryanobles/status/1547390376763445249

[GeorgiaModerate]

https://twitter.com/yashar/status/1547666024173973510