It was a foregone conclusion that Trump would lose the TX case, but why did he say “This is the big one?” 1/9

The evidence is mounting that what we witnessed yesterday was an attempted coup (related terms are “insurrection” and “sedition”). 1/10

But it is important to note that the bad actors involved in the events can be sent to jail (for up to twenty years) for something that falls short of an attempted coup and is easier to prove in court: obstruction of justice. 2/10

The relevant federal statute is 18 U.S.C. § 1512--a statute, you might recall, that figures prominently in the Mueller Report. 3/10

Bill Barr, who wanted to construe the statute narrowly, contested Mueller’s interpretation of the statute. There is a lengthy reply to Barr’s construction (which I think might have been written by Michael Dreeben) in the Report. 4/10

The Report establishes conclusively that Barr’s interpretation violates every known principle of statutory construction, and it is fun to read the Report and see Barr get *destroyed* on this point. 5/10

Biden saying that Rs “beat the living hell out of us” in downballot races across the country is significant, because (1) he said it to an audience that didn’t really want to hear it and https://t.co/FM7OwUgWYH 1/8

(2) because he wouldn’t have said it unless it was based on conclusive internal polling. 2/8

It is also encouraging if it *is* the correct analysis of Ds’ disappointing-- even calamitous--electoral outcomes in downballot races.

It is encouraging because it is easily remediable with better messaging. 3/8

In fact, Biden made it clear during the election that he did not favor actually defunding the police: that he only favored reforming the police, and specified policies to do that. But he didn’t say it loud enough, and downballot D politicians didn’t either. 4/8

(The R messaging over “defunding the police” seems to have worked to protect R politicians in downballot races, but wasn’t enough to get Trump himself reelected over the repugnance Ds and Independents felt for him.) 5/8

The most important remaining nomination for Biden to announce is the most important one he will ever make: for Attorney General of the United States. 1/8

If Biden nominates Sally Yates, it will be a pretty clear signal that the D voices who believe that Trump and his enablers must be held accountable for a uniquely lawless presidency have carried the day. 2/8

Since I’m hoping Biden will nominate Yates, it is encouraging that Biden has waited so long to announce his selection for AG. (It is going to come now after the Electoral College formalizes Biden’s election on Monday.) 3/8

(Trump’s outrageous attempt to overturn the 2020 election--“overturn” being a term Trump actually used in a tweet--has probably made it more likely that Biden will take a hard line on all this. He certainly should.) 4/8

If Yates is nominated, the writing will be clearly on the wall for Trump, who in its wake would probably make a deal with Pence involving his resignation some time before inauguration day and a pardon for all his federal crimes. 5/8

There were at least two insurrectionist plans that day.

As I’ve written previously, one of the plans was simply to either take Pence hostage or to assassinate him. 1/28

That was the more extreme plot, and it is an interesting question whether and to what extent Trump, Giuliani, some WH aides, and some nationalist insurrection members of Congress knew of the plan and either facilitated it or condoned it. 2/28

But there was another plan, less violent and extreme, but equally seditious, which we know was supported by a number of extremist members of Congress. It was also the plan that Trump and his personal lawyer Rudy Giuliani publicly espoused. 3/28

That plan was simply to ensure somehow, by force or by intimidation, that the certification of the election by Congress failed or fell short on January 6--the constitutionally mandated date for the final and determinative certification of the election. 4/28

The principal target here was VP MIke Pence. Pence had already announced publicly that he would not throw the election in the way that Trump had demanded because he lacked the statutory and constitutional authority to do so (which was, of course, perfectly true). 5/28

As I have pointed out in a previous posting, many of the rioters found to their dismay and bewilderment that there was no plan, at least that they could discern, for the mob to carry out that day. 1/63

The only thing they knew is that there had been a call to action--and to a large extent to arms as well--to disrupt the certification of Biden’s electoral college win. 2/63

According to Ali Alexander (formerly known as Ali Akbar) the idea was to show up so angry and in such overwhelming numbers that it would “change the hearts and the minds of Republicans who were in that body, hearing our loud roar from outside.” 3/63

(In fact, there is mounting evidence that Ali and other organizers of the event intended for the rioters to get INSIDE the fenced-in perimeter and even the building itself, which would in themselves have been unlawful actions--but that is a subject for another thread.) 4/63

Ali’s description might well fit the motives of many in the mob that assembled on January 6. But the more interesting and important question is: What did Trump and the activists and event organizers expect (or a least hope) that the *members of Congress* would do that day? 5/63

Meet Mayra Gutierrez of McAllen TX

Member of "Latinos for Trump" and supporter of the neo-fascist hate group the "Proud Boys"

One of the women arrested for their role in the capitol insurrection was reportedly recruited by the "Proud Boys"

That being the case, we decided to highlight some of the women associated with this explicitly misogynistic

It is worth noting that while the "Proud Boys" do not officially allow women into the group that this does not mean that women are not playing an active roll in promoting and recruiting for the group

Gutteriez was with the "Proud Boys" in DC back on November 12th 2020

Where she and "Proud Boy" leader Enrique Tarrio were part of a group of "Proud Boys" and "Latinos for Trump" that visited the White House

THREAD. I am failing to see any better path for Trump apart from resignation. (Yes, I know you will say, "He'll never do that" but also did you ever think three days ago that he'd be impeached twice?) Here's me as HIS (competent) lawyer:

2. You will be impeached. Your goal now is to avoid criminal liability, and, if possible, jail time. If you resign now, you avoid several unpleasant possibilities. For one, you make the potential for an invocation of the 25th amendment, on the basis that you are CRAZY, moot

3. If you resign, and Mike Pence becomes President, he will likely give you a limited, but nevertheless broad, pardon. If he emulates Ford's pardon for Nixon, you will be pardoned for (at the very least) obstruction of justice in the Mueller investigation

4. He MAY be able to give you a pardon for crimes committed BEFORE you took office, such as your campaign finance violation, or whatever sketchy financial crimes you committed, but that is touch and go. There is *some* ambiguity over whether such a "blanket" pardon is valid BUT

5. You could also mitigate this by being frank with him and allowing him to be as specific as possible on your prior criminal liability in the pardoning language (like financial crimes re taxes, etc.). He is, however, unlikely to pardon you for inciting insurrection BECAUSE...

I had a GREAT call with my all time favorite POTUS, President Trump!

I’m so grateful for his support and more importantly the people of this country are absolutely 100% loyal to him because he is 100% loyal to the people and America First.

Cont’d...

@Nick_Carmody @NBCNews @BandyXLee1 @Narcopath_UK @narceducator The same tactics used with Trump were used with Hitler by the Evangelicals to set up someone who exhibits qualities as an AntiChrist into a role of a Saint but this time targetting Muslims as Killers of Americans & still using gay people as abomination of God to con churches...1/

@NBCNews @BandyXLee1 @Narcopath_UK @narceducator This was by design and process that developed over 60 years of psychological influencing through a collaboration of the entertainment world, religious broadcasts, oil/gas loyalists who bastardized the US Constitution, and #KochNetwork #DarkMoney orgs connected to DeVos...2/

@NBCNews @BandyXLee1 @Narcopath_UK @narceducator Judeo-Christian America never existed. 1A was designed to removed Roman Catholic Church of England hold over the newly formed US Government. It demands zero influence of religion over law or government decisions. The Virginia Baptist insisted on it w/ Thomas Jefferson...2/

@NBCNews @BandyXLee1 @Narcopath_UK @narceducator Judeo-Christian is coined from Nitzche's book "The AntiChrist" that means Jews converting to Christianity. It is used in the context we see today to tie in a Jewish Jesus into the Torah so that the strict rules of the Torah are elevated to a Christian philosophy. A paradox...4/

@NBCNews @BandyXLee1 @Narcopath_UK @narceducator It is a paradox because Jesus was a rebel Jew. He defied the teachings of the Torah which pissed off the Pharisees - Jewish religious leaders. He elevated poor & people society condemned to same level as leaders. He is nothing like what we see today as American Christianity...5/