New: The Trump campaign filed a three-page letter in the 3rd Circuit this morning requesting oral argument in its big case trying to undo Biden's win in PA: https://t.co/oSOEc27he8

There is a lot to unpack here, too much for one tweet, so bear with me

A hearing is underway now in the case of Richard Barnett, one of the Capitol insurrection defs (photographed at Pelosi's desk) — the govt is challenging an Arkansas magistrate judge's release order. Chief Judge Beryl Howell in DC halted his release until she rules on the matter

Prosecutor Mary Dohrmann begins by arguing Barnett flouted laws "in the most brazen and flagrant manner possible" when he breached the Capitol: "He knew exactly what he was doing."

Prosecutor says the note that Barnett left for Pelosi in her office — "Nancy, Bigo was here you bitch" — was "disturbing" and says the photographs of him sitting at Pelosi's desk show that he appears to "relish" the notoriety

Govt says Barnett doesn't have a criminal record, but notes police reports where a caller lodged a complaint that he'd pointed a rifle at a car with a "Black Lives Matter" sticker and, in a separate incident, was carrying around guns in public

Sidney Powell has moved to dismiss Dominion's defamation lawsuit. She argues that when she accused Dominion of being part of an election-rigging scheme with ties to Venezuela, "no reasonable person would conclude" those "were truly statements of fact" https://t.co/RDPD1eGvY3

Powell argues she can't be liable if the information she based her "opinions and legal theories" on were actually unreliable, comparing herself to reporters who get 1A protection when they cite sources; but she later also makes clear she disputes that her info was "false"

Powell also raises jurisdictional and venue-related arguments, basically saying the parties + allegations lack sufficient ties to DC and the case should be moved to Texas

The (sort of) retreat of the Kraken: Sidney Powell argues she can't be sued for defamation because her voter fraud lies were just "opinions and legal theories."

"...no reasonable person would conclude that the statements were truly statements of

The hundreds of criminal cases brought re: the Jan. 6 insurrection show how potent Powell and other Trump allies' conspiracy theories were — for ex, one man charged with assaulting cops echoed Powell's false claims that voting machines were tampered with

A federal judge in DC is holding a detention hearing in the cases of Capitol insurrection defendants Eric Munchel (who was photographed wearing tactical gear and holding a bunch of zip tie handcuffs) and his mother Lisa Eisenhart — the govt is arguing to keep both behind bars

Re: the zip tie handcuffs that Munchel and Eisenhart allegedly picked up inside the Capitol, AUSA Ahmed Baset says they were visible to lots of people passing by at the time but these two not only took them, but did so "with glee"

Baset says it's true that Munchel and Eisenhart aren't charged with physically hurting anyone, the evidence shows they were looking for lawmakers, who had been cleared out. "They should not be given credit for that," Baset argues.

Baset says that Munchel was in touch with the Proud Boys in Tennessee *after* Jan. 6 and talked about how he'd wanted to join their ranks before but didn't know how

Munchel's lawyer Sandra Roland argues that the Tennessee magistrate judge who granted pretrial release to Munchel and Eisenhart got it right in finding that the govt failed to show there were no combination of release conditions that would protect the community

1. Short thread - on the various claims we're seeing from Republican politicians over the last few days that the Democratic push for accountability is "divisive." Damn right it's divisive - that is what it has to be.

2. It is intended to enforce a clear division between those who accept and are committed to democracy and those who are willing to turn to violence when the vote doesn't turn out the way that they want it to.

3. One of the basic implications of Adam Przeworski's theoretic work is that democracy is made out of mutually reinforcing expectations, and those expectations are fragile. If some actors think they would be better off defecting from the democratic bargain, they will.

4. In other words: democracy and armed factionalism are far closer than we think, or we would like them to be. This means that it is incredibly important to police the boundaries between them. Allowing some to turn to violence can lead to expectation collapse and cascading ruin.

5. When we allow the divisions to become blurred, that means that we are running the perpetual risk of things getting fucked up. If a major faction turns to violence, and no-one responds, things can get really fucked up really, really fast.

(THREAD) Pre-election Russia collusion may take down Trump. It's equally possible the Trumps' pre- and post-election collusion with Saudi Arabia, the UAE, and Israel will do it—a course of collusion also connected to the Kremlin. I explain here. I hope you'll read on and retweet.

1/ I must stress how unbelievably complex the "Grand Bargain" theory of the Trump-Russia case is—a different thing from saying it's not substantiated. It's substantiated in *almost every single particular*—it just *also* happens to be very confusing. Not byzantine—just confusing.

2/ The basics: Saudi Arabia, Israel, and the UAE all view Iran as their chief regional enemy. Iran is propped up by Russia. Therefore the Saudis, Israelis, and Emiratis all need a US government willing to find a way to get the Kremlin to *stop* supporting Iran in the Middle East.

3/ The best way to get Russia to stop supporting Iran—or reduce support—was/is to drop all sanctions on Russia over its 2014 annexation of Crimea, as that'd be worth *trillions* to the Kremlin over the next decade. Everyone knew that Clinton wouldn't do this—and that Trump would.

4/ Per the NYT, on August 3, 2016, Donald Trump Jr. met secretly at Trump Tower with a Saudi and Emirati emissary, George Nader, as well as an Israeli intelligence expert, Joel Zamel, with *significant* ties to both Israeli intelligence *and* Russian oligarchs allied with Putin.

ENEMY OF THE STATE: There is a growing concern in Biden's administration that the world's richest African American could pose a huge problem for Biden and Democrats in general. This thread discusses the possible reasons why they fear the mercurial billionaire named Elon Musk.

1. @JonathanTurley
Trump has only been out of office and, therefore, no longer (purportedly) immunized from criminal prosecution for ~1 month. Also, because of R delay, Garland is still awaiting confirmation. Once Garland is AG, expect a thorough



2. investigation of Trump for inciting insurrection in violation of 18 U.S.C. 2383, together with other federal crimes. Once that investigation is completed, based on the information that is currently public, there is a good chance that Trump will be prosecuted for violating

3. 18 U.S.C. 2383, together with other federal crimes. Not absolutely guaranteed. But a very good chance. The only element of inciting insurrection that is open to credible dispute is Trump’s intent. Is there sufficient evidence that he intended his speech to incite imminent

4. lawlessness? As you know (or should know), criminal intent is invariably established by circumstantial evidence. That means prosecutors must analyze everything Trump did and said (and didn't do or say) before, during and after his incendiary speech.

5. That investigation takes time. Sometimes a lot of time to empanel a grand jury and begin issuing subpoenas and seeking warrants. The fact that Trump's previous crimes, including the 10 felonies outlined in Vol. II of Mueller's report, haven't been prosecuted is irrelevant.