January 6th legal proceedings and investigations megathread

[Ferguson97]

Re: the DC jury question, you also need to factor in non-voters. Turnout was only 67% in 2020.

I’d say for a trial like this, all 12 jurors should be chosen from that 33%

It would be unfair to Trump to put his freedom in the hands of the stupidest 1/3 of the country.

Since I believe that's all eligible voters and not just registered voters, the 1/3 includes a lot of people who aren't registered to vote, so they aren't eligible for jury duty either.

In Georgia, you don't have to be a registered voter to be summoned for jury duty.  The jury pool is taken from both registered voters and those who have Georgia driver's licenses (or equivalent state ID's).  I have no idea if DC does the same.

Jurors are selected from lists of registered District of Columbia voters, persons who have obtained driver's licenses or identification cards from the DC Department of Motor Vehicles, records provided by the DC Department of Tax and Revenue, and public assistance rolls.

[Frodo]

We have a sneak-peak on what the final report of the January 6 Commission is going to look like when it comes out on December 21st:

https://twitter.com/kyledcheney/status/1602264509711884289

Here is the summary of the final report:

Read the Jan. 6 Committee Report Executive Summary

And for those who don't have or want a New York Times subscription, here is the direct link.

[Amenhotep Bakari-Sellers]

Old school is the only R defending Rs on this board a D DeSantis his preference for Prez is losing by 8 once Rs lose in 24 Trump is gonna be found guilty we don't know when there is gonna be a trial but he is almost certainly gonna be indicted

[Torie]

You guys are missing the point that if the jury decides to convict a ham sandwich, the judge can throw out the conviction notwithstanding the verdict. So Trump has little to lose in going for a jury trial. He gets two bites of the apple.

The other thing Trump has going for him is DC. since a DC jury is likely to nail Trump if there is a plausible case. So if it is a plausible but not a compelling case, and Trump is convicted, there will be a firestorm. That is why the Special Prosecutor (perhaps less likely than the DOJ actually), will only indict if there is a compelling case that it would be an abuse not to pursue, and viewed that way by educated opinion on both sides of the political divide. To do otherwise, would be irresponsible.

And that is why I think only papergate is really in play. A call to GA asking the SOS to find the votes because there was fraud, is just not going to cut it, nor Trump asking the mob to go to the Capitol without more, nor the phony elector circus.

We shall see.

[emailking]

I know the defense always makes a motion that the prosecution didn't prove its case, but it almost always fails. The prosecution counters that it's for the jury to decide, and the judge agrees. Whereas in a bench trial the judge is forced to make the decision. If DOJ brings the case it's not going to be so paper thin that the judge is compelled to dismiss it.

[GeorgiaModerate]

Meanwhile, back in Atlanta:

https://twitter.com/TamarHallerman/status/1605212963769565188

[emailking]

Jan. 6 cooperating with DOJ special counsel

The House select committee investigating the Jan. 6 insurrection has begun extensively cooperating with the Justice Department’s special counsel charged with overseeing investigations into former President Donald Trump.

Jack Smith, who Attorney General Merrick Garland appointed as special counsel last month, sent the select committee a letter Dec. 5 requesting all of the panel’s materials from the 18-month probe. Punchbowl News has reviewed Smith’s letter.

Starting last week, the select committee began sending Smith’s team documents and transcripts. Much of the production from the Jan. 6 committee is in relation to former White House Chief of Staff Mark Meadows and John Eastman, the Trump lawyer at the center of the “fake elector” scheme.

The select committee has also sent the Justice Department all of Meadows’ text messages and related evidence.

https://punchbowl.news/archive/punchbowl-news-special-edition-1220/

[emailking]

The executive summary today is 100 pages and the full report on Wednesday will be 2000 pages.

The report is now going to be released tomorrow because it is taking so long to print. Also, it is expected to be only 900 pages.

[Crumpets]

The executive summary today is 100 pages and the full report on Wednesday will be 2000 pages.

The report is now going to be released tomorrow because it is taking so long to print. Also, it is expected to be only 900 pages.

Oh no. Did they get JK Rowling to write it?

[GeorgiaModerate]

https://twitter.com/kyledcheney/status/1605968576573235200

Any guesses as to who the member is?

[Crumpets]

Any guesses as to who the member is?

Maybe JHB? Just noticing they don't give the member's gender, which might imply it's a woman.

[LBJer]

A call to GA asking the SOS to find the votes because there was fraud, is just not going to cut it, nor Trump asking the mob to go to the Capitol without more, nor the phony elector circus.

I have a feeling that it would "cut it" for anyone else.  And if that's indeed the case, then it should for Donald Trump too.  We don't say that a Mafia leader has to be caught specifically saying: "Hey, I'm extorting from this company" to be prosecuted for extorting from the company.  That's an absurd standard, and there's no justification for applying it to Trump just because he's a former president.  

[H.E. VOLODYMYR ZELENKSYY]

Meanwhile, back in Atlanta:

https://twitter.com/TamarHallerman/status/1605212963769565188

Being unpopular to some people forever in certain segments of the community? My doomer senses think this might mean fewer charges than expected…

[emailking]

They are fixing some things in the report and it will probably not be released until tomorrow.

[GeorgiaModerate]

Meanwhile, back in Atlanta:

https://twitter.com/TamarHallerman/status/1605212963769565188

Being unpopular to some people forever in certain segments of the community? My doomer senses think this might mean fewer charges than expected…

No, it's just saying that whatever charges she decides to bring or not bring, some part of the community will hate her for it.  Here's the full quote:

[Former DeKalb County DA Robert] James, who lost his reelection bid a few years later, said regardless of what the Fulton grand jurors decide, Willis will need to follow the evidence and her ethical obligations.

“What DA Willis is going to have to understand is that whatever she does, some folks are going to be extremely unhappy with her,” he said. “Once you pull this trigger and start this process, you have to be resigned that you’re going to be unpopular, perhaps to some people forever in certain segments of your community.

[H.E. VOLODYMYR ZELENKSYY]

Meanwhile, back in Atlanta:

https://twitter.com/TamarHallerman/status/1605212963769565188

Being unpopular to some people forever in certain segments of the community? My doomer senses think this might mean fewer charges than expected…

No, it's just saying that whatever charges she decides to bring or not bring, some part of the community will hate her for it.  Here's the full quote:

[Former DeKalb County DA Robert] James, who lost his reelection bid a few years later, said regardless of what the Fulton grand jurors decide, Willis will need to follow the evidence and her ethical obligations.

“What DA Willis is going to have to understand is that whatever she does, some folks are going to be extremely unhappy with her,” he said. “Once you pull this trigger and start this process, you have to be resigned that you’re going to be unpopular, perhaps to some people forever in certain segments of your community.

Wise…

[emailking]

Report has been filed in the House and will be released tonight.

[emailking]

https://january6th.house.gov/sites/democrats.january6th.house.gov/files/Report_FinalReport_Jan6SelectCommittee.pdf

Report is 845 pages.

[Frodo]

https://twitter.com/NBCNews/status/1606122574479609856

[Crumpets]

This seems to be the main points from the Executive Summary. Obviously not going to read the whole thing.

This Report supplies an immense volume of information and testimony assembled through the Select Committee’s investigation, including information obtained following litigation in Federal district and appellate courts, as well as in the U.S. Supreme Court. Based upon this assembled evidence, the Committee has reached a series of specific findings, including the following:

1. Beginning election night and continuing through January 6th and thereafter, Donald Trump purposely disseminated false allegations of fraud related to the 2020 Presidential election in order to aid his effort to overturn the election and for purposes of soliciting contributions. These false claims provoked his supporters to violence on January 6th.

2. Knowing that he and his supporters had lost dozens of election lawsuits, and despite his own senior advisors refuting his election fraud claims and urging him to concede his election loss, Donald Trump refused to accept the lawful result of the 2020 election. Rather than honor his constitutional obligation to “take Care that the Laws be faithfully executed,” President Trump instead plotted to overturn the election outcome.

3. Despite knowing that such an action would be illegal, and that no State had or would submit an altered electoral slate, Donald Trump corruptly pressured Vice President Mike Pence to refuse to count electoral votes during Congress’s joint session on January 6th.

4. Donald Trump sought to corrupt the U.S. Department of Justice by attempting to enlist Department officials to make purposely false statements and thereby aid his effort to overturn the Presidential election. After that effort failed, Donald Trump offered the position of Acting Attorney General to Jeff Clark knowing that Clark intended to disseminate false information aimed at overturning the election.

5. Without any evidentiary basis and contrary to State and Federal law, Donald Trump unlawfully pressured State officials and legislators to change the results of the election in their States.

6. Donald Trump oversaw an effort to obtain and transmit false electoral certificates to Congress and the National Archives.

7. Donald Trump pressured Members of Congress to object to valid slates of electors from several States.

8. Donald Trump purposely verified false information filed in Federal court.

9. Based on false allegations that the election was stolen, Donald Trump summoned tens of thousands of supporters to Washington for January 6th. Although these supporters were angry and some were armed, Donald Trump instructed them to march to the Capitol on January 6th to “take back” their country.

10. Knowing that a violent attack on the Capitol was underway and knowing that his words would incite further violence, Donald Trump purposely sent a social media message publicly condemning Vice President Pence at 2:24 p.m. on January 6th.

11. Knowing that violence was underway at the Capitol, and despite his duty to ensure that the laws are faithfully executed, Donald Trump refused repeated requests over a multiple hour period that he instruct his violent supporters to disperse and leave the Capitol, and instead watched the violent attack unfold on television. This failure to act perpetuated the violence at the Capitol and obstructed Congress’s proceeding to count electoral votes.

12. Each of these actions by Donald Trump was taken in support of a multi-part conspiracy to overturn the lawful results of the 2020 Presidential election.

13. The intelligence community and law enforcement agencies did successfully detect the planning for potential violence on January 6th, including planning specifically by the Proud Boys and Oath Keeper militia groups who ultimately led the attack on the Capitol. As January 6th approached, the intelligence specifically identified the potential for violence at the U.S. Capitol. This intelligence was shared within the executive branch, including with the Secret Service and the President’s National Security Council.

14. Intelligence gathered in advance of January 6th did not support a conclusion that Antifa or other left-wing groups would likely engage in a violent counter-demonstration, or attack Trump supporters on January 6th. Indeed, intelligence from January 5th indicated that some left-wing groups were instructing their members to “stay at home” and not attend on January 6th. Ultimately, none of these groups was involved to any material extent with the attack on the Capitol on January 6th.

15. Neither the intelligence community nor law enforcement obtained intelligence in advance of January 6th on the full extent of the ongoing planning by President Trump, John Eastman, Rudolph Giuliani and their associates to overturn the certified election results. Such agencies apparently did not (and potentially could not) anticipate the provocation President Trump would offer the crowd in his Ellipse speech, that President Trump would “spontaneously” instruct the crowd to march to the Capitol, that President Trump would exacerbate the violent riot by sending his 2:24 p.m. tweet condemning Vice President Pence, or the full scale of the violence and lawlessness that would ensue. Nor did law enforcement anticipate that President Trump would refuse to direct his supporters to leave the Capitol once violence began. No intelligence community advance analysis predicted exactly how President Trump would behave; no such analysis recognized the full scale and extent of the threat to the Capitol on January 6th.

16. Hundreds of Capitol and DC Metropolitan police officers performed their duties bravely on January 6th, and America owes those individuals immense gratitude for their courage in the defense of Congress and our Constitution. Without their bravery, January 6th would have been far worse. Although certain members of the Capitol Police leadership regarded their approach to January 6th as “all hands on deck,” the Capitol Police leadership did not have sufficient assets in place to address the violent and lawless crowd. Capitol Police leadership did not anticipate the scale of the violence that would ensue after President Trump instructed tens of thousands of his supporters in the Ellipse crowd to march to the Capitol, and then tweeted at 2:24 p.m. Although Chief Steven Sund raised the idea of National Guard support, the Capitol Police Board did not request Guard assistance prior to January 6th. The Metropolitan Police took an even more proactive approach to January 6th, and deployed roughly 800 officers, including responding to the emergency calls for help at the Capitol. Rioters still managed to break their line in certain locations, when the crowd surged forward in the immediate aftermath of Donald Trump’s 2:24 p.m. tweet. The Department of Justice readied a group of Federal agents at Quantico and in the District of Columbia, anticipating that January 6th could become violent, and then deployed those agents once it became clear that police at the Capitol were overwhelmed. Agents from the Department of Homeland Security were also deployed to assist.

17. President Trump had authority and responsibility to direct deployment of the National Guard in the District of Columbia, but never gave any order to deploy the National Guard on January 6th or on any other day. Nor did he instruct any Federal law enforcement agency to assist. Because the authority to deploy the National Guard had been delegated to the Department of Defense, the Secretary of Defense could, and ultimately did deploy the Guard. Although evidence identifies a likely miscommunication between members of the civilian leadership in the Department of Defense impacting the timing of deployment, the Committee has found no evidence that the Department of Defense intentionally delayed deployment of the National Guard. The Select Committee recognizes that some at the Department had genuine concerns, counseling caution, that President Trump might give an illegal order to use the military in support of his efforts to overturn the election.

[Frodo]

This seems to be the main points from the Executive Summary. Obviously not going to read the whole thing.

(snip)

It is eventually going to be coming out in book form, like the Mueller Report, so you still can if you really want to.  

Edit: Wait, they already have!

[emailking]

I bought the Mueller report just to have it. I'll probably buy this too.

[GeorgiaModerate]

https://twitter.com/kyledcheney/status/1606328538600185857

[Torie]

Liz Cheney, the focused, obsessed and oh so talented and articulate "dominatrix" who wrote the script and then directed it, as well as gain the confidence of the most key witnesses to tell all, is documented by this very long and most fascinating article that alas is behind a paywall.

https://www.nytimes.com/2022/12/23/magazine/jan-6-committee.html

A supposedly powerless and ceremonial vice chairman, as we all know from the public presentations, was totally dominant and by far the most compelling presenter. The article documents that she was even more dominant behind the scenes, and critically gained the trust of Hutchinson and others to spill the beans. She was at once the talented script writer, producer and directer, working hand in glove with the television guy who was hired to do precisely that. She knew it would destroy her political career. She accepted that.

One interesting tidbit was that a key source of her power was Nancy Pelosi. Pelosi is more to the Left than me by a bit (perhaps these days not by a lot, it's been quite a journey for me), but  McCarthy replacing Pelosi as Speaker is an almost paradigmatic example of a mensch being replaced by a nebbish

And now for a personal note. Once in a rare while it is clear in my mind that there is a person who should have been President but was not, and the country suffered from it. Henry Clay was one such person. Liz Cheney almost certainly when the book is closed will be another, in my mind at least, as long as the lights in it are still on.

[Amenhotep Bakari-Sellers]

I bought the Mueller report just to have it. I'll probably buy this too.

Lol Trump got impeached but hasn't been prosecuted but if the Rs lose and we finally win the Filibuster proof Trifecta in 24 I will love to have this because in the face of no Criminal Prosecution the Americans rejected Maga Republican like Jenson, the man was so arrogant it's on tape but Trump didn't get off Scott free he was impeached unlike Old School whom don't acknowledge Reagan was a failure whom sold weapons to Iran on Iran Contra, he would of been impeached today Ronald Reagan and there was an impeachment resolution drafted with Reagan it never passed, Trump was impeached in History and will he have a state funeral

Rs think Biden is still at 33/61 Favs in QU polls and Ds are gonna lose again and Trump is that in QU POLLS, he wont be Prez with those type of Favs, Ds are begging to have Trump banned from office and he is the only one to beat DeSantis and he is losing badly to BIDEN

We were so close this time in 22 Ryan, Barnes, Deming and Beasley lost when Obama campaign for Ds this time Baldwin, Gallego, Brown, Casey, Kaine,Tester all will win and win the H with Biden on the ballot he was at 50/49 Approvals in Rassy POLL  and Ds are leading 48(44 on GCB