Note that the J6C Report begins where only a handful of reporters have gone: with the words of the actual rioters. You need that to prove incitement but TV lawyers said it was all a waste of time.

https://www.documentcloud.org/documents/23466611-221219-j6c-intro#document/p2/a2186700

DocumentCloud

J6C have learned the lesson about how to recommend charges against Trump: Say he "oversaw" something rather than that he "directed" it to happen.

@JasonLeopold

J6C: The IC knew the Proud Boys were a threat, but not the guy who told the Proud Boys to "stand back and stand by."
An important detail for voter confidence: Trump won a number of states with no-excuse absentee voting.
BREAKING: Billy Barr can too wait until assessing evidence (which he didn't do on the Mueller investigation).
Note J6C calls Roger Stone an "outside adviser." Pulling their punches.

J6C suggests that Bill Stepien saw Rudy replacing his own role as campaign manager.

A good way to avoid an indictment!

"Stepien described his interaction with Giuliani as an intentional “self-demotion,” with Stepien stepping aside once it became clear that President Trump intended to spread falsehoods."

Remember that the challenge to Rudy's DC Bar license is still pending.
I propose that Trump's tombstone should say, "I don't want people to know that we lost."
The table comparing Trump's claims to debunkings top DOJ official made days earlier stretches across 5 pages.
Billy Barr's self-justifying quote for entertaining Trump's voter fraud claims made the cut.
Is it a bad thing for one of your former law professors to go to jail? Asking for Chapman U.

Cip was obviously trying really hard to avoid damning testimony about Trump. "Cipollone did not deny having an angry confrontation with Dr. Eastman outside of the Oval
Office – though he said he didn’t have a specific recollection."

Too bad so sad your privilege claims were overruled.

Who is Ross Worthington and why did the Stephen Miller drafts of Trump's speech come from him?
Cassidy Hutchinson told the committee someone in WHCO warned against the fake electors scheme in March. In July, Cip attributed that to Philbin.
J6C calls Eastman and Kenneth Chesebro "co-conspirators" on the fake electors scheme, in case anyone is looking for clues on the other referrals.
Cheesebro's attention to detail will make for a nice trial.
See? Elmo's right: Twitter didn't police doxxing well enough.
Tune in for the rest once I return to Eire.
Picking back up. The J6C Report is weaker on the group affiliations here--pulling punches, here, from anti-maskers.
Jason Miller claiming credit for a gallows comment...

"Certain Republican members of
Congress" may have known of Trump's plans...

That you, Jim?

The Report specifically says they didn't find Tony Ornato's "do not recall" credible.
The report says 28,000 people went through magnetometers for Trump's rally--unclear whether an equal number remained outside. But let's assume 2,500 entered the Capitol, that would be 5% of everyone who showed up?

Some really curious stuff going on in this footnote. Recall that Hutchinson said that Cip told her she had to prevent Trump from going to the Capitol or they'd get charged with obstruction. That's not here--they relied on an earlier Hutchinson interview. And Cip, of course, did not recall.

😁

The Committee's analysis of "corrupt purpose" is, IMO, really really weak.

The stuff that matters is in the footnote. And they don't even consider the personal benefit angle, which is what a narrowed opinion from DC Circuit would espouse.

They also don't address how TRUMP would qualify for 1512 even under Carl Nichols' opinion, bc of fake certificates.

Just really inexcusably weak. If you're going to do a referral, nail the legal analysis.

No discussion here of whether you charge conspiracy under 371 or 1512k (DOJ has been charging under 1512k more of late). Not only would the punishment under 1512 be potentially longer, but there are built in enhancements for threats of death.

Correction: They DID recommend 371 separately for the fake electors plot.

Also note: J6C did NOT refer Trump for aid and abet assaults, even though 1) Judge Mehta said it was plausible and 2) the evidence about the magnetometers and Pence tweet add to that.
This passage suggests J6C already referred specific instances of obstruction/false statements.
I've discussed that the possible criminal exposure of Members of Congress may have been part of Garland's calculus on appointing Jack Smith, along with Trump's candidacy. Here's what J6C has on Jordan.
It's clear from context this is Hutchinson. It's wild that the Trump-paid lawyer shared details of her testimony with at least one journo over her objections. But that really emphasized the degree to which much reporting is about coordinating stories.

The committee points to Kayleigh, Ivanka, and Tony Ornato as those who had fuzzy memories where subordinates remembered damning details clearly.

It also notes lies in Mark Meadows' book.

@emptywheel disbarment isn't just a river in Egypt
@emptywheel Jim Jordan, being allowed in Congress and appointed head of a Committee, is a slap in the face to every law-abiding citizen. #Jan6th #Insurrection #GOPTraitors #GOP
@emptywheel
All I want for Xmas is to see Gym Jordan have to make bail.
#justice
@emptywheel No wonder Jim “Pardon Me” Jordan responded with that long, stammering response to the Ohio news reporter’s questions about whether or not he’d spoken to Trump on the 6th. Disgusting that Jordan will head the Judiciary Committee. It’s the peak of illegitimacy.
#JimJordan
#January6
#JudiciaryCommittee
@emptywheel Looks like the House Majority may be suffering some attendance issues before their session ends.
@emptywheel it is hard to believe we cannot prosecute these suckers!
@emptywheel Gym "NUNYA" Jordan is a total tool.
@emptywheel I should hope Jack Smith is honing in on this with all due seriousness, but it is a real travesty that Gym Jordan has remained on the Judiciary Committee (among others) and is now poised to lead that Cmte. I have no faith that the House Ethics Cmte serves much if any sort of measurable disciplinary purpose.
It’s possible DOJ can charge him around that tho, if they wanted to try, right? @emptywheel
@emptywheel I see the referrals like the impeachment charges: They stuck with the slam dunk charges. They could have thrown a lot more up against him, but decided they didn't want to muddle things up. If the DOJ wants to add that they can if they can get confirmation (Testimony on the magnetometers was 2nd hand, IIRC)
@emptywheel The Trump Administration was an Outlet Mall of Crime... over here, campaign finance violations, then there's the sexual crimes section over by the fast food and an entire wing devoted to treason and sedition. Plus we have old school tax fraud, mail fraud and witness tampering... come back soon for our environmental, immigration. and crimes against humanity'expansion.....
@emptywheel forgive the silly question but does this impact the DOJ's view of their case against the defendants, or is it more presentational?

@aaronhowe I think if they did a really good job on 1512, it would be useful for the appeal(s).

They did not do a good job on it though.

@emptywheel I feel like the referral's legal analysis is most important in speaking to the public, not the professionals. The Justice Department is already doing their own investigation. Any chance this is a case of different audiences?
@engineeringstephen Not in my opinion. not at all.
@[email protected] realize that this is a "me" problem, and not a "you" problem, but: when you abbreviate his name as "Cip" it throws me for a moment, because to me, he'll always be Patsy Baloney
@emptywheel note that as @capitolhunters stated some key organizers who were at the Capitol arrived early to reconnoiter and did not attend the Ellipse rally — which is an important fact imo.
@jpanzer Yup. I know well. It is central to the Proud Boy case. @capitolhunters

@emptywheel @jpanzer

1 PM had been advertised as the time to be at the Capitol. Over 200 Proud Boys marched in circles and arrived just in time for the attack. Several hundred others either skipped the speech or left early to arrive at the Capitol by 1 PM.

Bigger names: Former Rep. Dana Rohrabacher was there very early, well over an hour before the attack. Two other former reps were there & went inside, one posting pictures of corridors. 1/

@emptywheel @jpanzer

Ali Alexander is reputed to have gone to the Capitol early - he's not seen all morning and was not at the Ellipse. Lot 7 had an actual rally near the Capitol with many big names including Stewart Rhodes, Bianca Gracia, several well-known Proud Boys, Bikers for Trump, etc. Most of the Lot 7 crowd went to the Capitol but didn't play an obvious strategic role. 2/

@emptywheel @jpanzer

TX State Rep. Kyle Bierdermann was in the crowd at the Washington Monument, then ducked out just in time (12:19 PM) and rushed to the Capitol so he could enter with the Proud Boys. That has received way too little media coverage (as in, none).

The Proud Boys were clearly needed & used to kick off the attack and get the breaches started, and were communicating with each other and with signalers. 3/

@emptywheel @jpanzer

Typo fix, Biedermann. Here he is squeezing out of the crowd at 12:19 PM, while Trump is speaking, on his way to the Capitol. He was there til at least 3 PM. 4/
See Tweet:
https://twitter.com/CMominator/status/1604909003536224256

Common D'Mominator on Twitter

“#IAmKyleBiedermann and #PurpleTieGuy squeezing through the crowd. 56:06 mark. https://t.co/YTgX8Ax9wN”

Twitter
@emptywheel
“I don’t recall it today”
Ask again tomorrow?
@emptywheel And Trumpsters on Twitter were so busy trying to use Ornato to impeach the testimony of Cassidy Hutchinson. Looks like they can't...
@emptywheel What legal responsibility do people have if they know a crime is being planned where lots of people can get hurt? What are the consequences for not notifying LE officials?
Criminal? Civil?
@emptywheel Jason Miller has literally never been helpful
@emptywheel Great reading.
BTW I read the ALT texts rather than the screen shots, much clearer on my mobile. Did you use the OCR? Thanks! Not just for people of poor eyesight.
@martinvermeer The report itself is copyable.
@emptywheel Of course! Should have noticed the absence of OCR errors ❤️
@emptywheel
It’s difficult to agree with Elmo about anything, but I agree.
Today’s J6 meeting reminded me of all the dangerous trump tweets that TFG at twitter allowed. He really hurt our country.

@emptywheel

I still, uh, can't read the name "Cheesebro" without laughing.