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

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 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

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

The Democrats are at least two parties. The progressive wing of the party (which is by no means unified) and the finance wing of the party, which is also the party leadership.

1/

During the leadership race, the progressive wing was represented by @SenSanders and @SenWarren; the former wants to minimize the role of markets in our lives, the latter wants to redeem markets by regulating them. It's a distinction with a difference, but I donated to both.

2/

Both wings of the party have prominent representatives in Congress; Sandersism are most visibly associated with @AOC (whom I donated to) and Warrenism is embodied by @RepKatiePorter (likewise), who was also one of Warren's law school proteges.

3/

Porter is a force of nature. She is infamous - and celebrated - for her brutal, no-holds-barred questioning of both corporate and administration witnesses, using a white-board to pin them down and eviscerating any attempts at bullshittery.

4/

This isn't just about getting facts into the record (though, she is SO GOOD at getting facts into the record!), it's also about effecting change, like when she single-handedly cornered the CDC's chief into guaranteeing universal, free covid

1) FL absentees, early voting:

*Dems as expected ("souls to the polls Sunday") had a good day and FINALLY take the early walk-in vote lead by 6,100 votes.

Rs total: 1,151,593
Ds total: 1,092,547

Rs +59,046 combined lead. This is very good for this point in the campaign.

2) At this point in 2016, Rs only led by 40,000. I could be mistaken but I think yesterday was the last day polls were open on Sunday, so the final "souls to the polls" Sunday.

3) As of yesterday, four red counties were yet to report. That would likely boost the lead back to 70k

4) I don't think the FL Rs in their wildest dreams expected to lead this late in the campaign.

5) Likewise in NV:
Clark (with its union "encouragement" for members turned out big yesterday and added net 6,000 voters.

However---big however---neither Washoe nor the rurals . . .

(5) contd. . . were open yesterday. My guesstimate is that would slice that number in half.

While this helped, the NV Ds are still looking at a significant--to potentially massive--shortfall from their 2016 numbers coming out of early voting.

6) Gotta make sure you compare days to days. Calendars and voting days differ.

1/ A Short Thread About Civility and Calling Politicians Liars.

Nice people are sometimes uncomfortable that I call some politicians "liar". And I don't apologize for it.

But I don't call every politician "liar". Only the ones who deliberately tell provable lies and do so

2/ repeatedly. A lie is different from an accidental misstatement. For example, when @michaelaglasgo lied about her church's carbon tax, it could have been a genuine mistake. But she doubled down by telling other lies. And has since been caught in more.

#cdnpoli #abpoli #ableg

3/ When @KayceeMaduYEG is caught lying, he doesn't do the right thing. He just plows ahead. As if lying doesn't matter.

So which is more uncivil: calling out people who lie a lot OR being in a position of public trust and lying to people in the first place?

4/ I think it's important that once a politician is found to lie repeatedly, like @jkenney , we never forget that anything they say could be a lie. We need to always weigh it. Look for lies of omission.

Civil discourse cannot survive if politicians lie all the time. It can't.

5/ So as rude as it might be, when members of @UCPCaucus tell lies, we should be calling them "liar" every time. As long as they think they're getting away with it, they won't stop. So shame them.

If the politician is a lawyer, report their behaviour to the Law Society.