Attention to the Unseen

Politico reports: Former President Donald Trump can be convicted in an impeachment trial for his role in inciting the Capitol insurrection on Jan. 6 even though he is no longer in office, a bipartisan group of constitutional law scholars wrote in a letter Thursday. “We differ from one another in our politics, and we also differ from one another on issues of constitutional interpretation,” wrote the signatories, which include the co-founder and other members of the conservative Federalist Society legal…

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CNN reports: President Donald Trump received an unsettling warning on his final Saturday night in the White House. Huddled for a lengthy meeting with his legal advisers, Trump was warned the pardons he once hoped to bestow upon his family and even himself would place him in a legally perilous position, convey the appearance of guilt and potentially make him more vulnerable to reprisals. So, too, was Trump warned that pardons for Republican lawmakers who had sought them for their…

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The Wall Street Journal reports: Prosecutors filed conspiracy charges related to the mob that stormed the U.S. Capitol Jan. 6, saying in a new complaint that three rioters had acted in an “organized and practiced fashion” and at one point appeared to suggest the possibility of gassing lawmakers in the tunnels below the building. A search of the home of one of the three people also turned up directions for making explosives from bleach, according to the affidavit filed in…

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The Washington Post reports: On the other side of Donald Trump’s turbulent presidency, the lawyers are waiting. Leaving aside his Senate impeachment trial, mounting government investigations include a civil probe by New York Attorney General Letitia James, a criminal probe by Manhattan District Attorney Cyrus Vance Jr., and a federal probe by acting U.S. Attorney for D.C. Michael Sherwin that may include Trump’s role in the catastrophic storming of the U.S. Capitol this month. But already pending for the soon-to-be…

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The New York Times reports: As President Trump prepares to leave office in days, a lucrative market for pardons is coming to a head, with some of his allies collecting fees from wealthy felons or their associates to push the White House for clemency, according to documents and interviews with more than three dozen lobbyists and lawyers. The brisk market for pardons reflects the access peddling that has defined Mr. Trump’s presidency as well as his unorthodox approach to exercising…

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The Washington Post reports: During the chaos at the Capitol, overwhelmed police officers confronted and combated a frenzied sea of rioters who transformed the seat of democracy into a battlefield. Now police chiefs across the country are confronting the uncomfortable reality that members in their own ranks were among the mob that faced off against other law enforcement officers. At least 13 off-duty law enforcement officials are suspected of taking part in the riot, a tally that could grow as…

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Politico reports: The lawyer for the “QAnon shaman” who was part of the deadly siege of the Capitol last week publicly petitioned President Donald Trump on Thursday to pardon his client. In an interview on CNN, attorney Albert Watkins said his client, Jacob Chansley, “felt like he was answering the call of our president” when he stormed the nation’s seat of government last Wednesday during a riot that resulted in the deaths of at least five people. Chansley, a 33-year-old…

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Noah Feldman writes: With the House of Representatives having voted to impeach President Donald Trump for incitement to insurrection, it’s time to start contemplating what Trump’s defense will be in a Senate trial. The answer can be summed up briefly: Trump’s lawyers will argue that Trump did not commit a crime of incitement and that his words were protected by the First Amendment. But wait, you may say, if you can remember Trump’s 2020 Senate trial 12 months ago (so…

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The Washington Post reports: Dozens of people on a terrorist watch list were in Washington for pro-Trump events Jan. 6, a day that ended in a chaotic crime rampage when a violent mob stormed the U.S. Capitol, according to people familiar with evidence gathered in the FBI’s investigation. The majority of the watch-listed individuals in Washington that day are suspected white supremacists whose past conduct so alarmed investigators that their names had been previously entered into the national Terrorist Screening…

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Bloomberg reports: President Donald Trump, on the eve of facing a historic second impeachment trial for inciting the insurrection at the U.S. Capitol last week, is having trouble finding a legal team to defend him. Allies of the outgoing president have been canvassing Washington’s legal landscape looking for representation but so far are coming up short. Lawyers who defended him in the previous impeachment trial, including Jay Sekulow and White House Counsel Pat Cipollone, have said no this time, according…

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ProPublica reports: When Kim Dine took over as the new chief of the U.S. Capitol Police in 2012, he knew he had a serious problem. Since 2001, hundreds of Black officers had sued the department for racial discrimination. They alleged that white officers called Black colleagues slurs like the N-word and that one officer found a hangman’s noose on his locker. White officers were called “huk lovers” or “FOGs” — short for “friends of gangsters” — if they were friendly…

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The Daily Beast reports: The Secret Service has issued an intelligence bulletin warning of additional armed protests in Washington before and after the inauguration of President-elect Joe Biden—particularly from the Boogaloo Boys—that in some cases it expects to become violent. The Secret Service bulletin, dated Jan. 11, is unclassified but marked not for distribution outside law-enforcement channels, and was obtained by The Daily Beast. The Daily Beast is declining to give specifics for these rallies to prevent insurrectionists from organizing…

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Politico reports: Rep. Mikie Sherrill said Tuesday that she witnessed colleagues escorting people through the Capitol on Jan. 5 for what she described as “reconnaissance” ahead of the next day’s violent insurrection that left five dead. In a 13-minute Facebook video billed as an address to her constituents about the House’s efforts to hold President Donald Trump accountable for inciting the riot, Sherrill (D-N.J.) included the allegation as part of a call to hold Trump’s allies in Congress accountable as…

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HuffPost reports: In the week since a mob laid siege to the Capitol in a stunning display of violence, police officers in D.C. and beyond have struggled to make sense of what happened. The Jan. 6 attack, which claimed the life of one responding officer and preceded the suicide of another, pitted law enforcement against one of its most loyal allies: Trump supporters. Gruesome footage shows rioters in MAGA hats brandishing “Stop the Steal” signs and Trump flags dragging an…

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Max Burns writes: There’s a better way to stop President Donald Trump than impeachment and the 25th Amendment — and it’s one that even has some Republican support. Though rarely used and often overlooked, the 14th Amendment could be the key to preventing a president who contributed to a domestic terrorist attack from ever receiving a position of public office again. The president of the United States meets all the criteria for being permanently barred from public office under even…

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