Merrick Garland was complicit.

[Fiendish Thingy]

18. Criticism based on falsehoods, myths, misinformation and flat out ignorance deserves ridicule

No matter how principled the critics are.

Here’s a repost of a post from veteran DU’er bigtree that uses verifiable facts (as opposed to subjective opinions) to smash the myths and misinformation that portrays Garland as the villain who “fucked up” the investigation:

Big tree refutation of Garland bashing:

a baldfaced lie that DOJ just went after 'low level insurrectionists'
Reply to gab13by13 (Original post)
Sat Jan 20, 2024, 07:40 AM
...no matter how many times people repeat this. 

Politico: Prosecutors eyed obstruction charges months before Jack Smith took over Trump case 
A newly unsealed court document underscores the Justice Department’s long pursuit of evidence to support the obstruction allegations now lodged against Trump. 

A newly unsealed court document underscores the Justice Department’s long pursuit of evidence to support the obstruction allegations now lodged against Trump. 
https://www.politico.com/news/2023/12/19/obstruction-charges-jack-smith-trump-case-00132500 

Mueller, She Wrote @MuellerSheWrote 


Before Jack Smith was appointed, Merrick Garland:


Seized John Eastman's phone

Seized Jeffrey Clark's phone

Seized Scott Perry's emails 

Seized Eastman's emails 

Seized Epshteyn's phone

Seized Mike Lindell's phone

Seized Mike Roman's phone

Seized Scott Perry's phone

Got Kash Patel's testimony 

Appointed Windom

Appointed Cooney 

Subpoenaed the fraudulent electors

Subpoenaed 7 state's election officials

Subpoenaed Sidney's PAC 

Subpoenaed Rudy

Opened IG probe into Clark

Opened IG probe into DoJ response to 1/6 

Negotiated subpoena for Meadows

Battled the 11th circuit for classified docs 

Subpoenaed trump for classified docs 

Subpoenaed trump for surveillance video

Executed a search warrant on trump

Convicted Bannon of contempt

Indicted Navarro for contempt

Subpoenaed the speakers from 1/6

Subpoenaed the organizers of 1/6 

Secured seditious conspiracy convictions

Subpoenaed records for any member of congress involved in 1/6 

Subpoenaed info on Jenna Ellis 

Secured testimony from Mark Short

Secured testimony from Jacob Engel

Secured testimony from

Secured testimony from Cippilone

Subpoenaed info on trump's PACs

Won privilege battles for Short, Engel, and the Pats 

Negotiated for Pence's subpoena 

Seized the phone records of Meadows

Secured the 1/6 committee transcripts 

Subpoenaed 7 secretaries of state 






Kathleen
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Apr 15, 2023
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@MuellerSheWrote: Before Jack Smith was appointed, Merrick Garland: Seized John Eastman's phone Seized Jeffrey Clark's phone Seized Scott Perry's emails Seized Eastman's emails Seized Epshteyn's...
12:45 AM · Apr 15, 2023


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...all of that laying the groundwork for the man Merrick Garland appointed, Jack Smith, to secure the testimony of principles like Pence today.

NYT from Nov. '22:

Thomas Windom, one of the lead investigators examining the efforts to overturn the election, reached out to Mr. Pence’s team in the weeks before Attorney General Merrick B. Garland appointed a special counsel on Friday to oversee the Jan. 6 investigation and a separate inquiry into Mr. Trump’s handling of classified documents, according to one of the people familiar with the matter. Mr. Garland has said that the appointment of the special counsel, Jack Smith, will not slow the investigation.

Officials at the Justice Department declined to comment. A spokesman for Mr. Pence also declined to comment.

The discussions about questioning Mr. Pence are said to be in their early stages. Mr. Pence has not been subpoenaed, and the process could take months, because Mr. Trump can seek to block, or slow, his testimony by trying to invoke executive privilege.


emptywheel @emptywheel
Gonna reup this bc there is a flood of ignorant bullshit about what the investigation took to get to this weeks' indictment. Here are the accounts that Rudy claimed (if you can believe him) he conducted his coup plotting on.



emptywheel @emptywheel · 21h
This alleged conspiracy was conducted BY LAWYERS using ENCRYPTED APPs. If you read something about how long this investigation took that doesn't address those two facts, you can use it as kitty litter.

emptywheel @emptywheel · 21h
When a conspiracy is conducted BY LAWYERS on ENCRYPTED APPS, it means you have to go phone by phone (bc that's how you get the encrypted apps), and for each one conduct a privilege review.


emptywheel @emptywheel · 21h
We know the phones used in this conspiracy were seized on the following dates: Rudy: April 28, 2021 John Eastman: June 2022 Jeffrey Clark: June 2022 Boris Epshteyn: September 2022 Mike Roman: September 2022 Each phone of a lawyer will take AT LEAST 6 months to review.

emptywheel @emptywheel 21h
Rudy's privilege review, which was set into motion on LITERALLY Lisa Monaco's first day on the job, took 9 months. DOJ successfully got EVERYTHING reviewed, meaning when J6 got PC for it, the content was ready.

*Monaco tasked Thomas Windom in Fall 2021, a little-known federal prosecutor, to oversee key elements of the Justice Department’s investigation into efforts to overturn the 2020 election results.


emptywheel @emptywheel · 21h
We can't prove when Jan6 got Rudy's January 6 content, but there are at least 5,000 items from the phone seized on April 28, 2021 that were from Jan6 conspiring. Bc DOJ did a Special Master, it appears Rudy failed to invoke privilege over anything that was not his own lawyer.

emptywheel @emptywheel · 21h
And as this post lays out, not only was DOJ taking overt steps in the fake electors plot b4 J6C's first hearing, but their FOCUS was different--and in a way that might suggest DOJ's leads came from Rudy's phones.

“Nonzero:” On Evidence-Based Investigations and Rudy Giuliani’s Devices June 26, 2023, by emptywheel
https://www.emptywheel.net/2023/06/26/nonzero-on-evidence-based-investigations-and-rudy-giulianis-devices/


emptywheel @emptywheel · 21h
So JUST on the fact that this conspiracy was committed BY LAWYERS using ENCRYPTED APPS explains a great deal of what has taken 2 years. Now add in EP claims. It took from 7/22 to 4/27/23 to work through all the high level EP witnesses.

emptywheel @emptywheel 21h
Also: The investigation into Sidney Powell, CC3, was overt by September 2021.

No idea when or if they got her phone. But the investigation into her was literally overt before J6C issued their first subpoena.


emptywheel @emptywheel · 21h
Here's a list (as of January) of all the OTHER lawyers who were witnesses and subjects in this investigation. The list is now over 30. Again, with each one, you have to do privilege reviews.




emptywheel @emptywheel 19h
Incidentally if you think 6 months for a lawyer phone review is a lot, consider James O'Keefe. The review of HIS phone has been going on 636 days, since November 5, 2021.

thread unrolled here:
https://threadreaderapp.com/thread/1687118267704651777.html