2020 Election: Predictions, Results and Reactions

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N.E. Brigand
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Re: 2020 Election: Predictions, Results and Reactions

Post by N.E. Brigand »

I didn't see today's hearing, but per CNN's Jake Tapper:
The January 6th Committee has referred Donald Trump to the Dept. of Justice for:

1. Obstruction of an official proceeding;
2. Conspiracy to defraud the United States;
3. Conspiracy to make a false statement;
4. Inciting, assisting or aiding/comforting an insurrection
What's more:
The January 6th Committee also refers to the House Ethics Committee for failure to comply with Congressional subpoenas:

1) House GOP Leader Kevin McCarthy
2) Rep. Jim Jordan
3) Rep. Scott Perry
4) Rep. Andy Biggs
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Re: 2020 Election: Predictions, Results and Reactions

Post by N.E. Brigand »

It was two years ago today that President Donald Trump urged his supporters to attend a "Big protest in D.C. on January 6th. Be there, will be wild!"

- - - - - - - - - -
There was new evidence in today's hearing, in the form of texts from Trump adviser Hope Hicks saying that Trump refused her advice on Jan. 4-5, 2021 that he urge his supporters not to be violent. There was also video of Hicks testifying that when she advised Trump that he was tarnishing his legacy, he said that the only thing that mattered to him was winning reelection.

Donald Trump is the only person the Jan. 6th Committee referred to the Dept. of Justice for insurrection, but there were other criminal referrals:

Kenneth Chesebro
--Obstruction of an official proceeding
--Conspiracy to defraud the United States
--Conspiracy to make a false statement

Jeffrey Clark
--Obstruction of an official proceeding
--Conspiracy to defraud the United States

John Eastman
--Obstruction of an official proceeding
--Conspiracy to defraud the United States
--Conspiracy to make a false statement

Rudy Giuliani
--Conspiracy to defraud the United States

Mark Meadows
--Conspiracy to defraud the United States
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Re: 2020 Election: Predictions, Results and Reactions

Post by N.E. Brigand »

Nearly two years after the attack on the Capitol, the FBI continues to identify and arrest participants. Today we learned about the arrests of:

-- Jacqueline Starer, a doctor from Massachusetts. There was a tip to the FBI about Starer having attended the event just five days after the Jan. 6th Insurrection, although the tipster wasn't sure what Starer had done there. Well, it turns out there are photographs of her hitting a cop inside the Captiol rotunda: "Officer M.B. stated that a blonde woman wearing a red jacket and hat punched her in the left side of her head." Dr. Starer has been charged with assault, entering a restricted area, and disorderly conduct.

-- Rebecca Lavrenz of Colorado didn't assault anyone, but she did enter the Capitol despite being very well aware that it was a restricted area, and she's being charged for that and for disorderly conduct.
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Re: 2020 Election: Predictions, Results and Reactions

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N.E. Brigand wrote: Mon Dec 19, 2022 7:52 pm We'd heard a little before about some disagreements among the members of the January 6th Committee about how the final report should be focused. Apparently those discussions got heated last week, with Rep. Liz Cheney (R-Wyoming) arguing that the report was not emphasizing Donald Trump's role sufficiently in contrast to Rep. Stephanie Murphy (D-Florida), who argued that the failures of law enforcement needed more attention.

(I'm not sure this isn't a strategic leak meant to emphasize the thoughtfulness of the Committee.)
The executive summary of the Committee's report includes this line about the failures of law enforcement and intelligence to be prepared for the violence on January 6th. While concerns about possible threats were shared in advance of that day's events:

"What was not shared, and what was not fully understood by intelligence and law enforcement authorities is what role President Trump would play on January 6th in exacerbating the violence, and later refusing for multiple hours to instruct his supporters to stand down and leave the Capitol."

Some people argue that this is insane, and that's my gut reaction, too. However, is there any prior example ever where you would need to warn police that the President to the United States would try to have them murdered? I can see how it would be difficult to for people to actually understand this possibility before it happened.
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Re: 2020 Election: Predictions, Results and Reactions

Post by N.E. Brigand »

The Committee's executive summary reveals that on Dec. 30, 2020, Trump advisor Jason Miller texted White House Chief of Staff Mark Meadows the message, "I got the base FIRED up" with a link to a page from the pro-Trump forum TheDonald.win, and on that page were comments by Trump supporters reading, "Gallows don't require electricity" and that members of Congress who failed to certify Trump could leave "in a bodybag."
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Re: 2020 Election: Predictions, Results and Reactions

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N.E. Brigand wrote: Tue Dec 20, 2022 5:53 pm The executive summary of the Committee's report includes this line about the failures of law enforcement and intelligence to be prepared for the violence on January 6th. While concerns about possible threats were shared in advance of that day's events:

"What was not shared, and what was not fully understood by intelligence and law enforcement authorities is what role President Trump would play on January 6th in exacerbating the violence, and later refusing for multiple hours to instruct his supporters to stand down and leave the Capitol."

Some people argue that this is insane, and that's my gut reaction, too. However, is there any prior example ever where you would need to warn police that the President to the United States would try to have them murdered? I can see how it would be difficult to for people to actually understand this possibility before it happened.
Because many had been convinced that it was the left/Antifa one had to be concerned about.. not the right wing, 'pro-police(cough) patriots'. There had to be some intent behind that misdirection.

I do not belong to our neighborhood FB gossip community page, but I guess around that time there was much posting about Antifa coming to take over our neighborhoods, etc.. etc.. One of our neighbors was at the Capitol on the 6th (not inside, that I'm aware) and later invited the community to their home with film 'proving' that nothing happened at the Capitol and it was all a lie put out by left wing media and that it was only Antifa which caused the problem. :bang: :bawl:
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Re: 2020 Election: Predictions, Results and Reactions

Post by N.E. Brigand »

Eighteen months ago, Quinta Jurecic asked an important question at Lawfare: "Why Didn’t the FBI Review Social Media Posts Announcing Plans for the Capitol Riot?"

Now she follows up with some further concerns: "The Dangerous Omission in the Jan. 6 Committee's Report Summary."
The summary systematically elides the egregious failures of law enforcement and intelligence agencies to predict and respond to the violence of Jan. 6. More than that, it goes out of its way to present those agencies in a positive light, despite their catastrophic neglect. ... Jan. 6 is a story about Trump and his supporters, but it is also a story about how the federal government dropped the ball on anticipating and preparing for violence. As NBC states in its reporting on the summary’s odd framing, many experts and former officials have termed this “the biggest intelligence failure since Sept. 11.” The FBI produced only one document in the runup to Jan. 6 warning of potential violence—a bulletin not from FBI headquarters or the desk of the director, but from the bureau’s Norfolk, Virginia field office. FBI Director Christopher Wray told Congress that he was not aware of that report in advance of Jan. 6. According to the bureau’s top counterterrorism official, the FBI was also not aware of online conversations about potential violence in the days before the insurrection—a bizarre statement given that the plans for violence were plainly available to anyone with an internet connection.
Marcy Wheeler has previously suggested that part of the problem is that the FBI was very gun-shy about investigating anything connected to Donald Trump after Trump and his lackey attorney general Bill Barr repeatedly punished Bureau employees for having done so. But Jurecic feels that even this framing (which parallels what I wrote above about agencies lacking the ability to imagine a President leading an insurrection) lets the FBI and intelligence agencies off the hook.

- - - - - - - - - - -
Speaking of Wheller, she criticizes what she terms "The Thinness of the January 6 Committee's Obstruction Referral," arguing tha the Committee's weak legal analysis isn't setting up the Dept. of Justice for success (which isn't to say that DOJ, if they bring charges, won't anchor them in a stronger legal foundation).

- - - - - - - - - - -
I'm struck by another commentator's observation (can't find it now) that there's no reference in the executive summary to the two pipe bombs discovered that day. I hope someone will ask members of the committee about that omission.
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Re: 2020 Election: Predictions, Results and Reactions

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The January 6th Committee has begun to provide information to the office of Special Counsel Jack Smith.

- - - - - - - - - -
The New York Times is reporting that the former attorney for Trump White House aide Cassidy Hutchinson, Stefan Passantino, who was implied by the Committee to have encouraged Hutchinson to lie to them (she later changed lawyers and then was much more forthcoming with information about January 6th), has taken a leave of absence from his law firm so that he can defend his reputation against what the Committee's "false insinuations."
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Re: 2020 Election: Predictions, Results and Reactions

Post by N.E. Brigand »

Some House Republicans have released their own report on January 6th, focusing on security failures, which I link for completeness' sake. One of the authors is Jim Jordan. The report's executive summary complains that House Speaker Nancy Pelosi left Republicans out of the loop in security discussions. If I were Pelosi, I certainly wouldn't have trusted Jordan with information about security preparations for January 6th! That said, NBC's Ryan Reilly says the report does make some reasonable points about what you might call bureaucratic failures in the administration of the Capitol Police. And Kyle Cheney from Politico notes that the report, which he finds generally shoddy and occasionally deceptive, makes it clear that, contrary to an oft-repeated talking point about Pelosi having turned down President Trump's offer, prior to January 6th, to have National Guard troops on hand that day, he made no such offer.
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Re: 2020 Election: Predictions, Results and Reactions

Post by RoseMorninStar »

From what I can tell, that was debunked long ago. Fact checking Rep. Jordan’s claim that Speaker Pelosi was responsible for US Capitol security on January 6
Facts First: The Speaker of the House is not in charge of Capitol security. That’s the responsibility of the Capitol Police Board, which oversees the US Capitol Police and approves requests for National Guard assistance.
Republicans know this.. but distract, distract, distract. They had a good idea of what was going to happen that day but what did they do?
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Re: 2020 Election: Predictions, Results and Reactions

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The January 6th Committee is releasing their full report tomorrow, but tonight they released 34 transcripts of witness interviews. These are themselves quite revealing, albeit more for the questions asked by the committee than for the answers, which are mostly no answers at all: the witnesses frequently invoke the right to avoid self-incrimination.
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Re: 2020 Election: Predictions, Results and Reactions

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Michael Flynn was asked who Sydney Powell was (she was his lawyer), and he responded by invoking the Fifth Amendment.

Charlie Kirk was asked if he founded Turning Point USA, and he responded by invoking the Fifth Amendment.

Roger Stone was asked if he had ever spoken with Donald Trump on his cell phone, and he responded by invoking the Fifth Amendment.
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Re: 2020 Election: Predictions, Results and Reactions

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N.E. Brigand wrote: Mon Aug 15, 2022 10:23 pm The Washington Post reports that "forensic experts directed by Trump-allied lawyers copied sensitive data from election systems in Georgia as part of a multistate effort to access voting equipment that was broader and more organized than was previously known." This has come to light because of defamation lawsuits filed by the Dominion voting machine company against Trump lawyer Sidney Powell and others.
Sean Hannity testified in a deposition that he never believed (not "for one second") the conspiracy theories that Fox News was pushing about Dominion having stolen the 2020 election for Joe Biden. Dominion is suing Fox for $1.6 billion. Fox News is worth about $20 billion, so I suppose they can afford to lose this and make it back in a few years.
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Re: 2020 Election: Predictions, Results and Reactions

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Some of the transcripts are pretty funny.

"Spirits in the shape of hawks and eagles flew ever to and from his halls; and their eyes could see to the depths of the seas, and pierce the hidden caverns beneath the world."
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Re: 2020 Election: Predictions, Results and Reactions

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N.E. Brigand wrote: Thu Dec 22, 2022 5:08 am Michael Flynn was asked who Sydney Powell was (she was his lawyer), and he responded by invoking the Fifth Amendment.

Charlie Kirk was asked if he founded Turning Point USA, and he responded by invoking the Fifth Amendment.

Roger Stone was asked if he had ever spoken with Donald Trump on his cell phone, and he responded by invoking the Fifth Amendment.
Kelli Ward, the former chair of the Republican Party in Arizona, was asked if she had formerly been the chair of the Republican Party in Arizona.

In response, she took the Fifth.
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Re: 2020 Election: Predictions, Results and Reactions

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My new life goal: live and work in such a way that I don't end up in a Congressional hearing taking the 5th about line items on my resume. :help:
When you can do nothing what can you do?
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Re: 2020 Election: Predictions, Results and Reactions

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https://www.npr.org/2022/12/22/11449263 ... suit-trump
Fox News' Sean Hannity says he knew all along Trump lost the election
The dumbest thing I've ever bought
was a 2020 planner.

"Does anyone ever think about Denethor, the guy driven to madness by staying up late into the night alone in the dark staring at a flickering device he believed revealed unvarnished truth about the outside word, but which in fact showed mostly manipulated media created by a hostile power committed to portraying nothing but bad news framed in the worst possible way in order to sap hope, courage, and the will to go on? Seems like he's someone we should think about." - Dave_LF
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Re: 2020 Election: Predictions, Results and Reactions

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N.E. Brigand wrote: Wed Dec 21, 2022 4:23 am The New York Times is reporting that the former attorney for Trump White House aide Cassidy Hutchinson, Stefan Passantino, who was implied by the Committee to have encouraged Hutchinson to lie to them (she later changed lawyers and then was much more forthcoming with information about January 6th), has taken a leave of absence from his law firm so that he can defend his reputation against what the Committee's "false insinuations."
In the transcript of one of Cassidy Hutchinson's later interviews with the January 6th Committee, she discusses how her previous lawyer, Stefan Passantino, convinced her not to tell the committee about what she had heard about Donald Trump's behavior in the presidential limousine following the rally. Passantino told her: (1) that the Committee was unlikely to know about it, and if they didn't ask her, she shouldn't volunteer it; (2) that it was an unimportant anecdote that wasn't relevant to the information sought by the committee; (3) that it was the responsibility of the man who told her that story, Tony Ornato, to share it with the committee; and (4) that his job as her lawyer was to get her into and out of the hearing as quickly as possible, following which "you're going to be taken care of. You're going to be done. It's going to be off your hands."

On the subject of when it had been determined in the White House that the events of January 6th would include not only the announced rally at the Ellipse but also an unpermitted march from the rally to the Capitol, Passantino told Cassidy: "We're not putting together timelines. The less you remember, the better."

If that's the sum of how Passantino coached Hutchinson not to tell the story, would he face any legal consequences? I don't know. Ethically I find this behavior outrageous, but that could just be me being naive about the law once more. Isn't there a duty to tell the *whole* truth?
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Re: 2020 Election: Predictions, Results and Reactions

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At the very least, I think it is highly likely that Passantino should face disciplinary proceedings by the bar. Whether he can face criminal obstruction charges is another question, one which I can't answer. I would think that there is a chance of it.
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Re: 2020 Election: Predictions, Results and Reactions

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More pressure on Hutchinson before her initial January 6th Committee deposition (at which she wasn't very forthcoming). According to her testimony in later depositions, an aide to former White House Chief of Staff Mark Meadows said to her (these are her words to the committee, so probably not verbatim what the aide said): "Mark wants me to let you know that he knows you're loyal and he knows you'll do the right thing tomorrow and that you're going to protect him and the boss. You know, he knows that we're all on the same team."

And still more pressure on Hutchinson from Trump associates to use a lawyer from "Trump world" who would then share information with other defendants.

Remember, these kinds of legal shenanigans also were a regular part of Trump associates' response to the Russia investigation.
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