BC LEGAL
Saved by @SteveeRogerr

A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: https://t.co/GAAENhkxf0). He's been in custody since his arrest

 Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release
We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees --> https://t.co/cIDwzghXPp
Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation
FBI agent walks the judge through surveillance videos that the agent says show Barnett walking in and out of Nancy Pelosi's office, with a "walking stick Taser" on his hip, as well as the widely disseminated photos of Barnett sitting in Pelosi's chair with his feet up
FBI agent now presenting evidence of Barnett buying the "walking stick Taser" on 12/31 (receipt + surveillance footage from the shop + opened packaging found during a search). Agent said Barnett also purchased pepper spray and two-way radios during that shop.
FBI agent says Barnett confirmed he owned firearms, and the government shows a photo of Barnett kneeling holding a gun, alongside two children (one of whom is holding a very large gun that the agent says appears to be an assault rifle)
Govt shows video of Barnett outside the Capitol holding up the letter he took from Pelosi's office and saying he left a message that read, "Bigo was here, you bitch." Also showed footage of Barnett from a Nov. "Stop the Steal" rally saying "whatever it takes, whatever it takes"
Barnett's attorney Anthony Siano is cross-examining the FBI special agent. He asks about the agent's background and the timeline of the investigation into Barnett; agent says it started Jan. 6th (the day of the riot) when they got word someone from Arkansas may have been involved
Siano notes the agent kept referring to Barnett taking a "letter" from Pelosi's office, and asks if the agent knew it was an empty envelope. The agent says he didn't know what was inside because it was a sealed envelope
Siano has the agent confirm Barnett reached out to law enforcement the night after the riot (not totally clear who he contacted) about self-surrendering. FBI agent says he assumed Barnett assumed the FBI was looking for him, b/c the FBI hadn't notified they were looking to arrest
On redirect, re: the defense's questions about Barnett offering to self-surrender to law enforcement the night of the riot on Jan. 6, the prosecutor asks the FBI agent if Barnett turned himself in as soon as he got back to Arkansas from DC. The FBI agent says no.
FBI agent had noted that Barnett said in his interview after surrendering that he had guns but had recently moved them. Judge asks the FBI agent if Barnett told them where the guns were, and the agent says no he did not
We're now hearing from defense witnesses who know Barnett and are testifying that he's trustworthy and not a threatening person

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Zoe Tillman
Zoe Tillman
@ZoeTillman
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
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Zoe Tillman
Zoe Tillman
@ZoeTillman
New, with more to come: DOJ under Biden is keeping up the previous admin's effort to take over Trump's defense against a defamation lawsuit filed by writer E. Jean Carroll — an effort Biden criticized during the campaign.

First brief under new admin: https://t.co/JihPuNXxHj


Story: DOJ is keeping up an effort to try to take over Donald Trump's defense against a defamation case filed by writer E. Jean Carroll — an effort Biden criticized as a candidate last fall.

Key phrase in tonight's brief? "institutional interests" https://t.co/LTuq3vv58F


This is the latest case that tests DOJ's traditional role of defending the power and prerogatives of the executive branch — any executive branch, regardless of president. What's unusual is that Biden had weighed in on this case specifically.

DOJ says Trump's comments about Carroll — who accused him of raping her more than 20 years ago — were "crude and disrespectful." Notably, that language does not appear in DOJ's prev. brief filed 1/15. But DOJ says the case isn't about what's "appropriate"

A federal district judge in Manhattan had rebuffed DOJ's effort last fall to substitute the US govt for Trump as the defendant. If the government ultimately wins, it would likely spell the end of Carroll's suit, since the US is immune against libel suits
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Zoe Tillman
Zoe Tillman
@ZoeTillman
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


The 3rd Circuit doesn't let lawyers who aren't members of the court's bar to appear unless they're pro bono. Trump's legal team still asks to let Rudy Giuliani argue, saying he hasn't been able to get the "necessary certifications due to Covid-19 complications"


Trump's lawyers write that given how many people voted for him, the claims "should be heard on the merits" — but recall this case is not up on appeal about the merits. The campaign is asking for emergency review of the judge denying its request to file a 2nd amended complaint


They contend oral argument would be helpful to address issues raised by PA, the DNC, and other parties in briefs filed yesterday, which they then touch on in a set of footnotes


The first footnote argues there was no undue delay in filing the 2nd amended complaint b/c given the shifting makeup of the campaign's legal team, there was "confusion" that led to the filing of the 1st amended complaint, which removed sections and a number of counts
POLITICS
Zoe Tillman
Zoe Tillman
@ZoeTillman
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
GOVERNMENT
Zoe Tillman
Zoe Tillman
@ZoeTillman
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
LAW

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Why you should visit the Netherlands.


A vibrant nightlife


Charming local traditions.


Great place to be if you're afraid of needles.


And of course its world famous cycling culture.
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#Assange Bail Hearing 6 January 2021
On the videolink to London and waiting to cross to the court room.

Within 2hrs we’ll know if Julian will walk out of that court room or head back to Covid infected Belmarsh to spend potentially another couple of years while appeals are heard.

They are having internet problems. Our screen was frozen for 10 mins. They fixed it but mine is frozen again. Trying to reconnect. @AndrewJFowler & I still in the virtual waiting room

I’m in.

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Hey all you ‘nothing is habbening’ guys 👋.

Check this out

This was last night in Sterling Virginia
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James Wilson
James Wilson
@jamewils
Tarlochan Singh, an elderly farmer, summed up the mood, saying: 

“It is not merely about a few legal infirmities in the laws. It is the philosophy of governance that will trigger a national crisis, a situation that will widen the conflict between the rich and the poor...

If this direction is not changed, we may be heading for civil war in this country. We have to understand the nature of the threat first; it is not about legalese, it is about life.”

“Everybody is going to be affected — the small businessmen, the agriculture workers, the consumers. We don’t need governments, courts and committees to tell us what our pain is.

Why is the government doing such a favour that will endanger our lives?

None will move from here until the laws are repealed.

The government can fire on us, unleash tanks or do bombarding from fighter planes. We die or defeat this government.”

Asked what would happen if the leaders strike a deal with the government and decide to give up, he said:

“It is not possible now. You must have a very low-grade moral fabric to strike a deal with the government on this issue. Our leaders aren’t like that.”
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Shannon Watts
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@shannonrwatts
Today our organization unveiled a new policy plan to eliminate armed intimidation from politics by prohibiting guns at Capitol buildings and grounds, sensitive government facilities, polling and vote counting locations, and protests on public property.

We’re already working closely with our allies in state legislatures, and we saw a related bill passed in Michigan and similar bills introduced in Vermont, Washington, and Virginia. We expect more given the horror we’ve seen on our TV screens.

The chaos and violence that took place at the Capitol last week was horrifying, but not surprising. @MomsDemand volunteers have been confronted by these armed insurrectionists in our communities ever since I started Moms Demand Action in 2012.

At rallies and marches, inside restaurants and grocery stores, and even in statehouses and at gun bill hearings, our volunteers have gone toe-to-toe with gun extremists seeking to intimidate and silence them.


In Virginia, armed men with rifles strapped to their backs have stood in the back of small hearing rooms inside the General Assembly, while our volunteers are in chairs in front of them, facing forward. They say it feels like the men could open fire on their backs at any moment.
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