Rob Legare
@RobLegare
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DOJ, Courts, + Law Enforcement for @CBSNews | Calamari Comeback State | RT≠ Endorsement
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AG GARLAND confirms the National Archives has informed DOJ that it found classified information in document the say Trump took to Mar-a-Lago.
Garland: "We will do what we always do under these circumstance: look at the facts of the law and take it from there."
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BREAKING: Former Rocky Mount, VA police officer Thomas Robertson GUILTY ON ALL COUNTS stemming from the January 6 Capitol attack including obstruction of an official proceeding.
This is the second jury trial and second unanimous guilty verdict in the Jan 6 investigation.
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January 6: DOJ says it's adding 131 attorneys to work on the sprawling Capitol breach investigation.
At today's budget presser, Deputy AG Lisa Monaco reiterated DOJ's commitment to the Jan6 cases.
Over 770 defendants + at least 350 allegedly violent offenders yet to be charged.
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New today: Trump White House adviser STEPHEN MILLER spotted at the federal courthouse where multiple grand juries investigating the former president are operating.
Miller was inside for a little over 3 hours - per
@JohnWoolley00
.
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New: Oath Keepers defendant Jessica Watkins sentenced to 8.5 years in prison for her role in Jan 6.
Watkins apologized emotionally to the judge today, saying she was "ashamed" of her actions.
“Your role in those events is more than that of just a foot soldier," the judge said.
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BREAKING: Jury finds Michael Sussmann NOT GUILTY in the first trial of Special Counsel John Durham's probe.
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NEW: Dominion Voting sues MyPillow/Mike Lindell for $1.3 billion (same $ as Giuliani and Powell) for defamation related to unfounded claims of election fraud. Dominion says MyPillow sales rose 30-40% following defamatory marketing connected to Fmr President Trump’s election loss.
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Now: DOJ reveals why Peter Navarro was charged for defying a House Jan 6 Committee subpoena + Mark Meadows/Dan Scavino werent.
Prosecutors say at a hearing today Meadows produced some records to the Committee, Navarro didnt + "There was a level of engagement" Navarro didnt show.
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Update: The 11th Circuit's decision dismissing Trump's Mar-a-Lago lawsuit against DOJ and voiding the Special Master process is officially enforced as Trump's team has yet to appeal the ruling.
The 11th Circuit now sends its mandate to dismiss the lawsuit.
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DOJ files statement of interest in Maricopa Co AZ voter monitoring case.
"This case alleges that organized+sometimes armed groups of individuals have engaged in campaigns to surveil, video record,+harass voters...These allegations raise serious concerns of voter intimidation."
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Now: Former Trump White House Counsel Pat Cipollone has arrived at DC federal court for what is expected to be Jan 6 grand jury testimony. Also spotted this morning - one of DOJs Jan 6 prosecutors.
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New: Former President Trump has officially filed notice that he is APPEALING a lower court's ruling that he can be sued for damages incurred during January 6 Capitol attack.
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Judge DENIES Stewart Rhodes' request that he be detained in Texas ahead of his July trial.
His Texas lawyers asked that he be jailed closer to them for trial prep.
Judge: "The court will not grant Mr. Rhodes more favorable treatment than those similarly-situated defendants.
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BREAKING: The Supreme Court rejects former President Trump's bid to shield White House records from the House Jan 6 Committee.
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NOW: Trump attorney Evan Corcoran departs DC federal court house after testifying before a special cousnel grand jury for what appears to have been more than 3 hours.
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Today: Former Trump White House Counsel Pat Cipollone at the DC federal courthouse where multiple grand juries investigating Trump are meeting. His one-time deputy Pat Philbin has also been spotted here today.
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Now: Chief Judge Beryl Howell says in Jan 6 sentencing hearing, "I trust that [investigators/proscutors] are going to be relentless" in finding those who were at the Capitol on Jan 6 and have not been caught yet.
"They're going to be relentless, as they should be."
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Trump's attorney, Evan Corcoran, testified before a grand jury for what appears to have been three hours after a federal judge and an appeals court ruled he had to comply with a subpoena. With
@costareports
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Oath Keepers Trial Update: 36 potential jurors have been qualified to sit on the Jan 6 seditious conspiracy trial. 45 are needed. 9 to go. One potential juror said she does not watch the news because it is “boring and for old people.” Back tomorrow for more.
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NEW: Michael Flynn formally asks Judge Sullivan to RECUSE himself from the case, accusing the judge of showing "contempt and disdain" for Flynn+his lawyers in last week's hearing.
Also say Sullivan has "actively litigated" against Flynn bc of "a personal interest in the outcome"
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Prosecutors reveal the DC US Attorney's Office obtained a SECOND search warrant for the contents of John Eastman's phone after it was seized by federal agents with DOJ's Inspector General's office.
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During sentencing for Jan 6 defendant, James Bonet, Judge Emmett Sullivan stops prosecutors from discussing Trump on Jan 6, saying, "For all I know, he could be indicted one day." Judge explains mentioning Trump today would force him to recuse from Trump's very hypothetical case
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New: DOJ officially tells appeals court that Jack Smith has been appointed Special Counsel to oversee the Trump docs case + "approves all of the arguments that have been presented."
Oral arguments before the 11th Circuit over Special Master order are set for TOMORROW in Atlanta.
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UPDATE: Pat Cipollone has left the DC court house after testifying before the grand jury.
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In a late-night court filing, STEVE BANNON once again asks that the charges against him be dismissed - days before his trial begins on Mon.
He argues in part that because he is barred from calling Congressional witnesses, he can't mount a proper defense.
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Peter Navarro had arrived to DC federal court for his arraignment today on two charges of contempt of Congress,
@psmolinski
reports. Navarro didn’t answer questions, but told the press, “All will be revealed.”
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Judge in Bannon's trial allows the defense to introduce recent letters indicating Bannon's new willingness to testify.
“Whether or not Mr. Bannon in the future complies with the subpoena is not relevant to whether or not he was in default in October,” the judge instructed jury.
BANNON Trial Update: Kristin Amerling, House Jan 6 Committee lawyer, says under cross-examination that she and prosecutor Molly Gaston are in the same book club after having "overlapped" on a Congressional committees staff years ago.
Amerling said she has not attended in a year.
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UPDATE: Magistrate Judge Faruqui in DC rules January 6 defendant Tim Boughner must be detained pending trial.
Judge says Boughner poses risk of flight and to the community.
Boughner is charged with multiple violent crimes, including assaulting officers with spray.
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SENTENCED: Mariposa Castro (aka IMELDA ACOSTA) gets 45 days in prison and a $5,000 fine for her admitted role in the January 6 Capitol attack.
She pleaded guilty to a misdemeanor count of illegally parading/demonstrating at the Capitol.
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New: DOJ charges a member of White Lives Matter with using a Molotov cocktail against a church in Cheserland, OH.
According to docs, the church "believes the acts were perpetrated in response to...two drag show events on April 1, 2023."
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Lev Parnas,
@RudyGiuliani
’s former associate, has arrived on Capitol Hill. He headed straight to Sen. Schumer’s office.
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Former VP Mike Pence has been subpoenaed by Special Counsel Jack Smith's office, multiple sources confirm to CBS News. w/
@AndyTriay
@weijia
@finnygo
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@JohnWoolley00
Last Tuesday, CNN's
@kpolantz
and
@HBRabinowitz
reported Miller was in the DC federal court last Tuesday for grand jury testimony.
Today's appearance marks the second time in a week.
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New: An emotion day in the first January 6 trial as defendant Guy Reffitt’s teenage son testified again him in court. With
@MacFarlaneNews
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OVERNIGHT in DC - More developments in the Trump team's appeal of the judicial order compelling Mark Meadows and other aides to testify...Trump appears to have asked the Appeals Court to block (stay) the grand jury testimony and DOJ seemingly responded this AM. All sealed.
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Judge Reggie Walton ordered Thompson DETAINED ahead of July sentencing, even though prosecutors said they were OK w his release.
Jail time is an "inevitable reality," the judge said, adding, "He's got to do time."
"His conduct in my view was reprehensible," Judge Walton said.
FLASH: Another jury trial.. another quick conviction in a US Capitol riot case
Dustin Thompson, who defended himself by saying he was following Donald Trump's orders, is found guilty on ALL counts
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New: DOJ charges 5 current and former IRS employees with COVID fraud, accusing them of obtaining fake PPP loans by submitting false applications totaling $1 million. They used the $$ for cars and trips to Las Vegas.
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Prosecutors did not go into all of the internal deliberations about why Navarro was charged and others wasn't, but pointed to disparities in the "level of engagement" with the Committee.
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Oath Keepers Trial Update (1/2): Tense cross-examination of defendant Jessica Watkins - says she "very clearly" still believes the 2020 election was not "free and fair," contends she got "swept up" in the crowd on Jan. 6 (common Jan 6 defendant refrain)
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New: Edward Kelley of TN - already charged with numerous crimes stemming from Jan 6 including assaulting police - is accused of discussing collecting info on + plans to kill law enforcement connected to his Jan 6 case. Plans allegedly "included an attack on FBI" field office.
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NEW: A federal judge in New Mexico has denied JOHN EASTMAN’s request that DOJ turn over his seized phone, but leaves the door open for future legal action should the parties not come to an agreement at a later date.
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UPDATE: Judge Mehta DENIES Kelly Meggs' request for a bench trial in Oath Keepers seditious conspiracy case-a request placed hours before the jury trial was to begin.
“The request is coming now here on the day of trial," citing SCOTUS precedent that jury trials are "the norm."
And..... at 11th hour.... one of the defendants, Kelly Meggs, requests a "bench trial" (trial by judge, not by jury)
Very, very late request. We'll see how judge responds, when court opens next hour
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Navarro's attorneys are arguing he was "selectively prosecuted" because of his outspoken criticism of the Committee and DOJ.
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BREAKING: Guy Reffitt GUILTY ON ALL COUNTS in DOJ's first trial in the sprawling January 6 investigation.
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NOW: A group of 12 jurors and 4 alternates has been selected to serve as a jury in the first January 6 case for Guy Reffitt.
Opening arguments are set to begin tomorrow AM.
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NEW: Prosecutors will call 13 witnesses in the first Jan 6 trial of Guy Reffitt, including 4 members of the USCP, former Secretary of the Senate, and 2 of Reffitt's 2 kids who he allegedly tried to intimidate.
Gov will ALSO call a fellow Three Percenter who was given immunity.
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Watkins was acquitted of seditious conspiracy but found guilty of numerous counts.
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Sentenced for January 6: Florida doctor Kenneth Kelly to serve 60 days home detention and 1-year probation after admitting to a low-level misdemeanor.
"I greatly regret my error in judgment. I know it was wrong and it always will be wrong," he told the judge today.
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On the recent Jan 6 Committee hearings , Deputy AG Lisa Monaco tells
@Olivia_Gazis
“they’re doing their job and we are doing our job,” noting that DOJ is “deep” into its Jan 6 probe.
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New from
@MacFarlaneNews
and me: Couy Griffin, founder of the "Cowboys for Trump'' organization, has been found guilty of entering restricted U.S. Capitol grounds on January 6, but he was acquitted of another charge of disorderly conduct.
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STEVE BANNON charged with three counts in NY State stemming from his role as Chairman of the Advisory Board for WeBuildTheWall, Inc:
- Money laundering in the 2nd degree
- Money launderings in the 2nd degree
- Conspiracy in the 4th degree
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Update: Change of plea hearing in high-profile Jan 6 case of Army specialist James Mault, who joined army AFTER the Capitol attack.
Change of plea hearings usually indicates a plea deal.
His co-defendant, Cody Mattice, is NOT part of the plea hearing.
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CBS News has confirmed the
@axios
report that former Attorney General Bill Barr is in discussions with the House Committee investigating the January 6 Capitol attack and will likely sit for a meeting with the Committee, per individual familiar. ⬇️
Scoop: Bill Barr in active discussions with Jan 6 committee and likely to cooperate.
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Sentenced for Jan 6: Leonard Pearson Ridge IV to serve 14 days in prison, 100 hours of community service,+ a $1k fine for his role in the Capitol attack.
Ridge, who taped his participation at the Capitol on Snapchat, pleaded guilty to a misdemeanor. Gov wanted 45 days in prison.
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Update: Sealed filing in the Trump civil docket over the Mar-a-Lago search warrant + seizure. Due today are 2 items from DOJ --
1) A sealed, more detailed inventory for the judge of what was seized
2) A public response to Trump's Special Master request.
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BREAKING: Oath Keepers founder STEWART RHODES guilty of seditious conspiracy - plus codefendant Kelly Meggs.
Jessica Watkins, Thomas Caldwell, and Kenneth Harrelson NOT guilty on this count.
All guilty on obstructing official proceeding on Jan 6.
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Oath Keepers founder Stewart Rhodes set to be deposed by the House January 6 Committee on Wednesday via Zoom from an Oklahoma Jail, his lawyers tell
@MacFarlaneNews
and me. 👇
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Oath Keepers Trial update: DOJ calls Jason Dolan, a FL Oath Keeper who pleaded guilty to conspiracy for Jan. 6, as their next witness.
Dolans says Rhodes told them that if Trump didn't act, they would have to. Their mindset was“If need be, then take up arms and fight back..."
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Guy Reffitt Jan6 Trial Update: Daniel Schwager, who served as counsel to the Senate Sec. on Jan6, testifies about what happened inside the Chambers on Jan6.
“I was in a state of alarm…we were in a grave situation at that point.”
“We needed to protect” the ballots, he said.
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NOW: Prosecutors say they extended a plea offer to PETER NAVARRO, but he rejected it. The rejected deal included pleading guilty to either of the 2 contempt of Congress charges against him and complying with the Jan 6 Committee’s subpoena.
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Now: Trump attorney Evan Corcoran is in the DC federal courthouse. CBS News confirmed he is set to testify before a special counsel grand jury tomorrow, but TODAY, we expect sealed hearings over Mike Pence’s Jan 6 subpoena.
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News: Mike Pence will comply with a subpoena +NOT appeal the ruling compelling him to answer certain questions before a grand jury in Special Counsel Jack Smith's Jan 6 probe, his spox tells
@finnygo
@costareports
. This comes after federal judge partially ruled in Pence's favor.
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CHARGED for Jan 6: David Gietzen is accused of assaulting officers with a pole outside the Capitol.
FBI says they got a report after the attack stating Gietzen+his brother were going to DC for Biden's inauguration "to force their way in the Capitol"+force a new election. (🧵1/2)
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Supreme Court denies Jack Smith’s request to take on Trump’s presidential immunity claims before the appeals court rules…keeping the matter in the DC appeals court for now.
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NOW: The Oath Keepers' seditious conspiracy case will go to the jury for deliberation TOMORROW MORNING.
Closing arguments wrapped up today.
"The case is now finally yours after all of these weeks," Judge Mehta told them.
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Boughner now appears to be yelling in court, asking to be done with the hearing.
Appears to say (public line makes it hard to hear) “This is ridiculous…you guys don’t know what happened."
He and attorney are now in breakout room.
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New: Kevin Seefried, the Jan 6 rioter who carried a Confederate flag through the Capitol, sentenced to 36 months in prison. Judge Trevor McFadden called his conduct “outrageous” and “especially shocking.” Seefried told the judge he “crossed the line” and regretted it.
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Prosecutors stood by their case.
Sullivan ultimately gave Bonet DOUBLE was the government asked for.
"I am working hard to change," Bonet said.
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Now: Attorney General Merrick Garland releases a statement ahead of the Jan 6 anniversary.
"We remain committed to ensuring accountability for those criminally responsible for the January 6 assault on our democracy."
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Important point of clarification: This addition is part of DOJ's budget REQUEST for FY23 - what they are asking for based on need, not a definite addition.
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New: Steve Bannon responds to court order, telling judge that members of the Jan 6 committee refusing to testify+the judge's order quashing their subpoena "resulted in a trial that violated Mr. Bannon’s Fifth and Sixth Amendment rights."
Bannon says indictment should be tossed.
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The filing highlights Trump/DOJ disagreements.
Trump defense argues: "There is most assuredly no reason for any expedited trial, and the ends of justice are best served by a continuance."
Jack Smith announcing charges in June: "My office will seek a speedy trial in this matter"
NEW: In late night court filing, Trump defense asks court to hold off on setting trial date in federal case in Florida
(More)
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Update: Oath Keepers leader Stewart Rhodes will likely waive his right to appear for 8 government witnesses, his attorneys inform Judge Mehta.
Rhodes tested positive for COVID-19 and will dial into court today to confirm he is ok with not appearing for certain witnesses.
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UPDATE: Judge Friedrich says the parties need to clear 40 "qualified" jurors before a jury can be empaneled in the trial of J6 defendant Guy Reffitt.
So far: 10 qualified, 3 stricken for "cause."
One juror says she thought she was coming to court for "another fender bender."
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Charged for Jan 6: Kirstyn Niemela + Stefanie Chiguer, both New England, accused of illegally entering the Capitol.
Witness told FBI that Nielema allegedly "stated that 'there is something big coming…[that] the whole nation
will watch it happen'."
MORE⬇️
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Federal prosecutors revealed a secretly recorded meeting between Oath Keepers leader Stewart Rhodes and an unnamed individual in the days after the Jan 6 Capitol attack.
More on opening arguments and day 1 of the seditious conspiracy trial. ⬇️
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Peter Navarro pleads NOT GUILTY to each of the two counts of contempt of Congress for which he has been indicted.
Peter Navarro had arrived to DC federal court for his arraignment today on two charges of contempt of Congress,
@psmolinski
reports. Navarro didn’t answer questions, but told the press, “All will be revealed.”
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NEW: Judge in Steve Bannon's case says Bannon's motion to dismiss the charges against him "would benefit from further briefing."
Despite last week's guilty verdict at trial, more filings excepted about Bannon's inability to call members of Congress.
Sentencing still set for Oct
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Oath Keepers leader Stewart Rhodes is going to be in pretrial detention for at least the next few weeks.
His attorneys and prosecutors are jointly proposing a hearing in the next 2 weeks over whether he should be jailed ahead of trial.
At last check, Rhodes was in an OK jail.
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Warnagiris, who allegedly pushed officer in effort to let individuals into the Capitol, has previously contended he is "not accused of anything more physical or dangerous than pushing back." (per footnotes)
But now, he faces a new indictment.
ARRAIGNMENT later this afternoon for US Marine and high-profile US Capitol riot defendant Chris Warnagiris.
Superseding indictment in his case
Warnagiris is accused of forcing open Capitol door on Jan 6, 2021
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Bonet pleaded guilty to a misdemeanor of illegally entering the Capitol, admitting to smoking marijuana inside the building.
He faces a year in prison.
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New: Jury of 12 DC residents and 4 alternates selected after 3 days in the Oath Keepers seditious conspiracy case. Next up, opening arguments on MONDAY. Combined estimated time for those arguments is between 4 and 5 hours as of this evening.
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Alexander's statement on his testimony ⬇️
Ali Alexander testified before DC grand jury for three hours today, per lawyer
Alexander statement obtained by CBS News says he’s a “witness”, not a “target” … as Jan 6 investigations continue
Per my teammate
@RobLegare
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Back in court, Boughner waives his right to appear.
Judge is now reading decision to keep defendant detained, saying he took a "de facto leadership role":
“He wanted to ‘make sure Biden doesn’t become president'.”
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NEW: Judge Nichols issues protective order in Steve Bannon's criminal contempt of Congress case.
All materials provided by prosecutors "are subject to this protective order...[Bannon] and defense counsel shall not disclose the Materials... to any person" outside of trial.
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Today - Stephen Miller is at the DC Federal Courthouse,
@psmolinski
reports. Miller was part of a recent sealed order compelling some Trump aides to testify in Jack Smith’s Jan 6 probe overruling executive privilege claims.
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NOW: Guy Reffitt decides to talk to the judge immediately before she imposes her sentence.
He says he "regrets" his actions and said he acted like a "f***ing idiot."
"I f***ed up."
“I was not thinking clearly,” he said, apologizing to USCP officers, the judge, and Congress.
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NEW: DC AG sues the NRA Foundation for allegedly diverting funds meant to support its charitable goals - says money instead went to supplement NRA “wasteful spending” and funding, including private air travel approved by Wayne LaPierre totaling $66,000 per trip.
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Accused Buffalo shooter Payten Gendron faces a 27-count indictment on federal hate crimes and weapons charges.
This comes a month after DOJ filed a criminal complaint against him.
NEW: A federal Grand Jury in the Western District of NY has officially indicted accused Buffalo shooter Payton Gendron. He’s charged with 14 hate crimes and 13 gun crimes.
[H/T
@RobLegare
]
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Oath Keepers jury verdict form on the seditious conspiracy count - 3 not guilty, 2 guilty.
BREAKING: Oath Keepers founder STEWART RHODES guilty of seditious conspiracy - plus codefendant Kelly Meggs.
Jessica Watkins, Thomas Caldwell, and Kenneth Harrelson NOT guilty on this count.
All guilty on obstructing official proceeding on Jan 6.
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News: Donald Trump is asking a federal judge in FL to give him an UNREDACTED version of the Mar-a-Lago search warrant affidavit from Aug, citing a need to "vindicate" his rights.
DOJ has already taken the unusual step of releasing many redacted docs.
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Watkins said she takes "full responsibility" for a violent episode with police inside the Capitol on Jan. 6.
“Feel terrible about it in hindsight,” Watkins told the jury, saying she understood it could open her up to criminal liability by saying so.
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Judge Sullivan also asked prosecutors if Bonet and others were given "sweet heart" deals by being allowed to enter low-level misdemeanor pleas.
Sentenced for Jan 6: James Bonet gets 90 days in prison after admitting to smoking a joint in the Capitol after illegally entering the building.
"It's our president who was inciting these people to do this," his defense attorney said.
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Update - Judge Mehta says he is keeping Rhodes' original lawyers on the case to defend the Oath Keepers founder at trial “period. Full stop. End of story.” The trial is set to begin Sept. 27 and the judge says he does not want to let the "havoc" of delay occur.
Now: A seemingly frustrated Judge Mehta takes Oath Keepers founder Stewart Rhodes' most recent attempt to delay trial head-on.
He says during hearings, Rhodes "not once ...complained one iota about his lawyers" + comments about his legal team are "complete and utter nonsense."
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REFFITT TRIAL UPDATE:
Asked by
@MacFarlaneNews
about her message to other Jan 6 defendants, Reffitt’s wife says, “Do not take a plea.” She says they plan on appealing.
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On Friday, outgoing DC Chief Judge Howell ruled Trump's attorney Evan Corcoran must once again testify before one of Jack Smith's federal grand juries...overriding attorney-client privilege for specific questions. Last week's reporting w/
@costareports
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NEWS: Donald Trump is suing the Jan. Committee to bock its subpoena for documents and testimony - says its invalid.
Per the complaint filed in FL: "Former President Trump turns to the courts to preserve his rights and Executive Branch independence."
DOCS:
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ONGOING-Stewart Rhodes positive for COVID-19. Judge Mehta+his lawyers are discussing next steps. Mehta says Rhodes will definitely be unavailable for at least five days, if not more.
Defense says Rhodes is in "total isolation," but called to ask if he would waive appearance. TBD
FLASH: His defense attorney says there's been a notification from court that Stewart Rhodes has tested positive for COVID
OathKeepers trial was to resume at 930am. We'll see what impact this has on a trial that's already deep into the prosecution
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Now: Appeals court denies Trump motions to block attorney Evan Corcoran from having to comply with a subpoena from Special Counsel Jack Smith's office.
Court directs document production.
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USCP officers escort the family of fallen Officer Brian Sicknick from the courthouse after the Jan 6 sentencing of Julian Khater.
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