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Fiendish Thingy

(14,280 posts)
Wed Dec 8, 2021, 12:49 PM Dec 2021

Excellent summary of DOJ's January 6 investigation/prosecutions at emptywheel.net


If you have posted on DU complaining about Garland and DOJ’s supposed lack of action against the insurrectionists, this is essential reading to avoid embarrassing yourself further.

A sample:
People complain that DOJ has been doing nothing in the 11 months since the riot. But this has been a central focus of DOJ’s effort: understanding how this plan worked, and then assembling enough evidence and cooperating witnesses to be able to lay out several intersecting conspiracies that will show not just that these groups wanted to prevent the certification of the vote (what they’re currently charged with), but pursued a plan to lead a mob attack on the Capitol to ensure that happened.

Proving these interlocking conspiracies would be vital to moving up from the militias, because it shows the premeditation involved in the assault on the Capitol. DOJ hasn’t rolled this out yet, but they seem to be very very close.


But in the last six months or so, it seems that DOJ has been more selective about which of the 2,000 – 2,500 people who entered the Capitol they choose to arrest, based off investigative necessities. After all, in addition to being defendants, these “MAGA Tourists” are also witnesses to more serious crimes. Now that DOJ has set up a steady flow of plea deals for misdemeanors, people are pleading guilty more quickly. With just a few exceptions, the vast majority of those charged or who have pled down to trespassing charges have agreed to a cooperation component (entailing an FBI interview and sharing social media content) as part of their plea deal. And DOJ seems to be arresting the trespassers who, for whatever reason, may be useful “cooperating” witnesses for the larger investigation. I started collecting some of what misdemeanant’ cooperation will yield, but it includes:

Video or photographic evidence
Hard as it may be to understand, there were parts of the riot that were not, for a variety of reasons, well captured by government surveillance footage. And a significant number of misdemeanor defendants seem to be arrested because they can be seen filming with their phones on what surveillance footage does exist, and are known to have traveled to places where such surveillance footage appears to be unavailable or less useful. The government has or seems to be using evidence from other defendants to understand what happened:


TV lawyers seem certain that Trump could be charged with incitement, without considering that to charge that, DOJ would first have to collect evidence that people responded to his words by invading the Capitol or even engaging in violence.

Much more at link- highly recommended.
Excellent summary of DOJ's January 6 investigation/prosecutions at emptywheel.net (Original Post) Fiendish Thingy Dec 2021 OP
KnRnBookmark Hekate Dec 2021 #1
Thank you! Elessar Zappa Dec 2021 #2
Much is going on in the background at the DOJ, MineralMan Dec 2021 #3
DOJ knows how Corgigal Dec 2021 #4
I can't imagine what it would be like KS Toronado Dec 2021 #5
Not to mention the help they are getting from private citizens like Sedition Hunters. Nt Fiendish Thingy Dec 2021 #6
Insurrectionist Qonned tourists sprayed surveillance cameras. Very directed, purposeful act. . . .nt Bernardo de La Paz Dec 2021 #7
Kick for later reading Poiuyt Dec 2021 #8
I'm reserving the right to believe all that when I see KPN Dec 2021 #9
Thank you! I respect Marcy Wheeler and appreciate her insight/knowledge! liberalla Dec 2021 #10


(145,866 posts)
3. Much is going on in the background at the DOJ,
Wed Dec 8, 2021, 12:53 PM
Dec 2021

building cases and investigating to discover the evidence needed to bring people to justice.

Unless someone is following all this very closely and has contacts within the DOJ, much of that gets missed by the rest of us. It's a pity, it seems to me, that some people are so eager to talk trash about AG Garland and the DOJ.

For example, the suit just filed against Texas is evidence that important work is ongoing there.


(9,291 posts)
4. DOJ knows how
Wed Dec 8, 2021, 03:17 PM
Dec 2021

to do complex investigations, it just that we have to factor in an election. This is a variable that is not a factor in a normal criminal investigation, and that is why we get frustrated and worried.

KS Toronado

(14,714 posts)
5. I can't imagine what it would be like
Wed Dec 8, 2021, 03:23 PM
Dec 2021

to walk a mile in an FBI/DOJs shoes right now. They must be overworked and tired looking into thousands
of insurrectionists and connecting them to their head orange leader in such a way as to guarantee he will
go to prison for a long time. I'm sure they're pleased with the help they are getting from The select


(15,355 posts)
9. I'm reserving the right to believe all that when I see
Wed Dec 8, 2021, 04:04 PM
Dec 2021

it, when the results are in, when we have an outcome, when we have appropriate accountability. I’m not willing to experience the level of disappointment I did with Mueller” or the impeachments again.

Sure this summation and analysis sounds good, but so did the Mueller investigation updates and the case made in both impeachments. So — sorry, if that means I embarrassed myself in anyone’s eyes, they are welcome to think whatever they want.

ps — I’ll be thrilled if I’m wrong and will gladly eat crow if and when proven so.


(8,927 posts)
10. Thank you! I respect Marcy Wheeler and appreciate her insight/knowledge!
Wed Dec 8, 2021, 04:35 PM
Dec 2021

Bookmarking! to read later... thanks again

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