Attention to the Unseen

Jane Mayer writes: A powerful new litigant has joined one of the most momentous cases slated to be heard by the Supreme Court this term. The respondents in the case of Moore v. Harper filed a brief today that included a surprising new signatory: J. Michael Luttig, who has been known for years as perhaps the most conservative Republican judge in the country. Now, though, he has joined a coalition of veteran lawyers and nonpartisan government-watchdog groups who are fighting…

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Rolling Stone reports: Marjorie Taylor Greene was privately pressuring former Georgia Senator Kelly Loeffler to get on board with the effort to overturn the 2020 election, text messages obtained by The Atlanta Journal-Constitution reveal. The leaked trove of texts show that before losing to current Georgia Sen. Raphael Warnock in a Jan. 5, 2021 runoff, Loeffler was repeatedly pressured by Republicans to join Trump’s efforts to manipulate the certification of Electoral College votes that would finalize President Joe Biden’s election….

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Politico reports: Former President Donald Trump signed legal documents describing evidence of election fraud that he knew were false, a federal judge indicated on Wednesday. U.S. District Court Judge David Carter wrote in an 18-page opinion that emails from attorney John Eastman, an architect of Trump’s last-ditch effort to subvert the 2020 election, needed to be turned over to the Jan. 6 select committee. Those emails, Carter wrote, “show that President Trump knew that the specific numbers of voter fraud…

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Jonathan Chait writes: John Durham’s latest, and presumably final, humiliation is the capstone of his failed attempt to prove a conspiracy theory that has long been accepted as settled fact in the conservative universe. This theory holds that, in 2016, Barack Obama, Hillary Clinton, or James Comey (or maybe all of them — the mastermind changes in different iterations) devised a plot to smear Donald Trump by ginning up an FBI investigation into his completely innocent and superficial connections to…

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Politico reports: The Justice Department is recommending a six-month jail sentence and $200,000 fine for Steve Bannon, the longtime adviser to Donald Trump who defied a subpoena to the Jan. 6 select committee. Prosecutors said Bannon, from the moment he received the select committee subpoena on Sept. 2021, “has pursued a bad-faith strategy of defiance and contempt.” A jury found Bannon guilty in July on two misdemeanor counts of contempt of Congress for refusing to testify and provide documents to…

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Norman Eisen, Danielle Brian and E. Danya Perry write: On Thursday, in what was probably its final public hearing before the election, the House committee investigating the Jan. 6 attack on the Capitol revealed new details about former President Donald Trump. Those details included Secret Service records documenting his determination to join a mob he knew was armed and headed for violence. The hearings have provided an indispensable record of an attempted coup that failed but that, as Representative Liz…

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The Washington Post reports: A former top aide to Vice President Mike Pence returned before a grand jury Thursday to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled President Donald Trump’s objections to the testimony, according to people familiar with the matter. In a sealed decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Judge Beryl A. Howell…

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David Rothkopf writes: The real culmination of the inquiry must be left to the Sphinx-like Department of Justice, whose silence might reveal its commitment to the secrecy that should surround an historically significant investigation. Or that silence might be followed by inaction. We just cannot know at this point, even though the Jan. 6 committee’s revelations made it clear that inaction in the face of the evidence that exists would be one of the greatest miscarriages of justice in U.S….

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The New York Times reports: A veteran F.B.I. counterintelligence agent testified on Thursday that the Trump Justice Department’s decision in 2020 to release sensitive documents about a bureau informant to a Senate committee examining the bureau’s Russia investigation had damaged national security. The agent told jurors at the trial of Igor Danchenko, who is charged with lying to the Federal Bureau of Investigation about matters related to the anti-Trump Steele dossier, that Mr. Danchenko, a Russia analyst, had provided extraordinary…

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Rolling Stone reports: Donald Trump in the final days of his presidency repeatedly threatened to out government sources involved in the Trump-Russia investigation, an anti-Deep State revenge fantasy he still obsesses over to this day, according to two former senior Trump aides and another person familiar with the matter. One of these sources tells Rolling Stone that in the days after the Jan. 6 Capitol riot, the then-president, sometimes while brandishing pieces of paper, would loudly complain that none of…

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The New York Times reports: Millions of dollars in television advertisements blasting schools for teaching critical race theory and assailing corporations like BlackRock, Uber and American Airlines for catering to “woke politicians.” A lawsuit pending before the Supreme Court to radically reshape how federal elections are conducted. Complaints against President Biden for violating election law and against school districts that allow information to be withheld from parents about children’s gender identities. These initiatives were advanced in the past year or…

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The Washington Post reports: The probably final public hearing of the House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol is expected to highlight newly obtained Secret Service records showing how President Donald Trump was repeatedly alerted to brewing violence that day, and he still sought to stoke the conflict, according to three people briefed on the records. The committee plans to share in Thursday’s hearing new video footage and internal Secret Service emails that appear to…

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The New York Times reports: In the emerging history of how a small group of lawyers aided former President Donald J. Trump’s attempt to stay in power despite losing the 2020 election, Kenneth Chesebro has received far less attention than others like Rudolph W. Giuliani and John Eastman. But documents show that Mr. Chesebro played a central part in developing the idea of having Trump supporters pretend to be electors from states won by Joseph R. Biden Jr., then claiming…

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Franklin Foer writes: As an appellate judge, Merrick Garland was known for constructing narrow decisions that achieved consensus without creating extraneous controversy. As a government attorney, he was known for his zealous adherence to the letter of the law. As a person, he is a smaller-than-life figure, a dry conversationalist, studious listener, something close to the opposite of a raconteur. As a driver, his friends say, he is maddeningly slow and almost comically fastidious. And as the nation’s chief law-enforcement…

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