Rep. Jim Jordan becomes the second member of Congress to say he won't cooperate with the January 6 select committee investigation
I figured that …. The Supreme Court is very conservative but they know what can happen if they were to block the documents and it wouldn’t be prettySupreme Court won't block release of Trump documents to Jan 6 committee
The panel is seeking a trove of documents, including records of communication between the White House and the Justice Department leading up to the attack on the Capitol.
The Supreme Court on Wednesday rejected former President Donald Trump's effort to stop the National Archives from giving the House Jan. 6 committee hundreds of pages of documents from his time in the White House.
The court declined to take up his appeal of two lower court rulings that said the documents must be turned over. Only Justice Clarence Thomas said the court should have grantedTrump’s motion to block the handover of the documents.
The Supreme Court’s action ends the legal battle that began in October, when Trump filed a lawsuit seeking to block the National Archives from revealing documents that he argued should be shielded by executive privilege.
His lawyers urged the court to take the case because it raised novel questions about the extent of a former president's privilege. They said the Supreme Court "has not explained the standard necessary to invade the privilege.".
Lower court rulings directing the National Archives to hand the material over to Congress "effectively gut the ability of former presidents to maintain executive privilege over the objection of an incumbent, who is often, as is the case here, a political rival," they said.
Trump’s legal team also said the committee lacked a proper legislative reason for seeking the documents and was instead simply trying to find evidence that could be used to prosecute the former president. They cited a statement by the committee’s chairman, Bennie Thompson, D-Miss., who told The Washington Post that the then-president's initial failure to try to stop the riot could be a reason to refer the issue to the Justice Department for possible prosecution.
The committee, the lawyers said, is "seeking any excuse to refer a political rival for criminal charges."
The House committee asked for a trove of documents related to the events surrounding the riot, including records of communication between the White House and the Justice Department leading up to Jan. 6. Trump objected, asserting executive privilege, but President Joe Biden declined to back up that assertion. Instead, he directed the National Archives to hand over the material.
But the U.S. Court of Appeals for the District of Columbia Circuit ruled that although Trump retained some limited authority to claim executive privilege, it wasn't strong enough to overcome Biden's decision that Congress has a legitimate need for the material. The court cited a 1977 Supreme Court decision in a dispute between former President Richard Nixon and the National Archives, which said the incumbent president is in the best position to decide whether the privilege should be asserted.
As long as the committee cites at least one legislative purpose for the documents, that is enough to justify the request, the appeals court said, even though individual members have suggested they may have partisan political motives in seeking it.
Urging the Supreme Court not to take up the Trump appeal, the committee said it has a proper purpose because its work will "lead to specific legislative recommendations designed to prevent any future attacks on the democratic institutions of the Republic."
The panel also discounted Trump's claim that forcing the National Archives to hand over Oval Office documents could discourage future presidential aides from providing candid advice. That concern is misguided, the committee said, because the conduct under investigation goes far beyond the typical deliberations concerning a president's official duties.
Leaving the lower court rulings intact would not encourage future presidents to facilitate congressional attempts to get White House documents involving their predecessors for partisan political reasons, the committee said.
"The fact that every president will someday be a former president provides an incentive to ensure that the privilege is not eroded or abused," it said.
The committee urged the Supreme Court to act quickly, saying it needed the documents to help guide its investigation.
Supreme Court won't block release of Trump documents to Jan 6 committee (nbcnews.com)
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this doesn't seem like anything to meTRUMP W.H. DOCUMENTS TO BE HANDED OVER TO JAN. 6 COMMITTEE
Draft text of Presidential speech for 1/6
Presidential diaries, activity logs, notes, remarks related to 1/6
Talking points for Trump Press Sec. Kayleigh McEnany related to 2020 election
Draft executive order on election integrity
Handwritten list of potential or scheduled briefings & calls concerning election issues
Draft proclaiming honoring deceased Capitol Police officers
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It depends on how it fits in with all the other pieces of the puzzle that they've already gottenthis doesn't seem like anything to me
this fucker skirted treason@dbluesun
Read the never-issued Trump order that would have seized voting machines
The Jan. 6 select panel has obtained the draft order and a document titled "Remarks on National Healing." Both are reported here in detail for the first time.
Among the records that Donald Trump’s lawyers tried to shield from Jan. 6 investigators are a draft executive order that would have directed the defense secretary to seize voting machines and a document titled “Remarks on National Healing.”
POLITICO has reviewed both documents. The text of the draft executive order is published here for the first time.
The executive order — which also would have appointed a special counsel to probe the 2020 election — was never issued. The remarks are a draft of a speech Trump gave the next day. Together, the two documents point to the wildly divergent perspectives of White House advisers and allies during Trump’s frenetic final weeks in office.
It’s not clear who wrote either document. But the draft executive order is dated Dec. 16, 2020, and is consistent with proposals that lawyer Sidney Powell made to the then-president. On Dec. 18, 2020, Powell, former Trump national security adviser Michael Flynn, former Trump administration lawyer Emily Newman, and former Overstock.com CEO Patrick Byrne met with Trump in the Oval Office.
In that meeting, Powell urged Trump to seize voting machines and to appointher as a special counsel to investigate the election, according to Axios.
A spokesperson for the House’s Jan. 6 select committee confirmed earlier Friday that the panel had received the last of the documents that Trump’s lawyers tried to keep under wraps and later declined to comment for this story on these two documents.
The draft executive order
The draft executive order shows that the weeks between Election Day and the Capitol attack could have been even more chaotic than they were. It credulously cites conspiracy theories about election fraud in Georgia and Michigan, as well as debunked notions about Dominion voting machines.
The order empowers the defense secretary to “seize, collect, retain and analyze all machines, equipment, electronically stored information, and material records required for retention under” a U.S. law that relates to preservation of election records. It also cites a lawsuit filed in 2017 against Georgia Secretary of State Brad Raffensperger.
Additionally, the draft order would have given the defense secretary 60 days to write an assessment of the 2020 election. That suggests it could have been a gambit to keep Trump in power until at least mid-February of 2021.
The full text of the never-issued executive order can be read here.
It opens by citing a host of presidential authorities to permit the steps that Trump would take, including the Constitution and Executive Order 12333, a well-known order governing the intelligence community. But the draft executive order also cites two classified documents: National Security Presidential Memoranda 13 and 21.
The existence of the first of those memoranda is publicly known, but the existence of the second has not been previously reported. NSPM 13 governs the Pentagon’s offensive cyber operations. According to a person with knowledge of the memoranda, 21 makes small adjustments to 13, and the two documents are viewed within the executive branch as a pair.
The fact that the draft executive order’s author knew about the existence of Memorandum 21 suggests that they had access to information about sensitive government secrets, the person told POLITICO.
The draft order also greenlit “the appointment of a Special Counsel to oversee this operation and institute all criminal and civil proceedings as appropriate based on the evidence collected and provided all resources necessary to carry out her duties consistent with federal laws and the Constitution.”
To bolster its provisions, the draft order cites “the forensic report of the Antrim County, Michigan voting machines.” That report was produced by Russ Ramsland, who confused precincts in Minnesota for those in Michigan, according to the Washington Post. Michigan’s secretary of state, meanwhile, released an exhaustive report rebutting election conspiracy theories and concluding that none of the “known anomalies” in Antrim County’s November 2020 election were the result of any security breach.
"This draft order represents not only an abuse of emergency powers, but a total misunderstanding of them," said Liza Goitein, co-director of the liberty and national security program at the nonprofit Brennan Center for Justice. "The order doesn’t even make the basic finding of an 'unusual and extraordinary threat' that would be necessary to trigger any action under [federal emergency powers law]. It’s the legal equivalent of a kid scrawling on the wall with crayons."
The draft remarks
The draft document labeled “Remarks on National Healing,” also now in the select panel’s possession, provides a first look at the remarks Trump would deliver the next day, which stand in jarring contrast to other rhetoric Trump employed at the time and continues to use when discussing the insurrection.
CONTINUED:
Read the never-issued Trump order that would have seized voting machines - POLITICO
Thread by @DirkSchwenk on Thread Reader App
@DirkSchwenk: BREAKING: Something is REALLY up with the DC National Guard response to the Capitol on January 6. A thread. Let's start at the beginning. The DC National Guard is the only national guard that takes...…threadreaderapp.com
I've heard the excuse "yeah but they weren't successful" used a few times. If that's the standard, anyone in jail for attempted murder should be let out because they weren't successful.... bottom line 1) DC National Guard deployed against Trump's orders;...
There is just so much evidence that this was an actual coup attempt, but they just keep looking past it.
Yo these people better drop the hammer on Trump because this motherfucker tried to turn America into Russia.@dbluesun
Read the never-issued Trump order that would have seized voting machines
The Jan. 6 select panel has obtained the draft order and a document titled "Remarks on National Healing." Both are reported here in detail for the first time.
Among the records that Donald Trump’s lawyers tried to shield from Jan. 6 investigators are a draft executive order that would have directed the defense secretary to seize voting machines and a document titled “Remarks on National Healing.”
POLITICO has reviewed both documents. The text of the draft executive order is published here for the first time.
The executive order — which also would have appointed a special counsel to probe the 2020 election — was never issued. The remarks are a draft of a speech Trump gave the next day. Together, the two documents point to the wildly divergent perspectives of White House advisers and allies during Trump’s frenetic final weeks in office.
It’s not clear who wrote either document. But the draft executive order is dated Dec. 16, 2020, and is consistent with proposals that lawyer Sidney Powell made to the then-president. On Dec. 18, 2020, Powell, former Trump national security adviser Michael Flynn, former Trump administration lawyer Emily Newman, and former Overstock.com CEO Patrick Byrne met with Trump in the Oval Office.
In that meeting, Powell urged Trump to seize voting machines and to appointher as a special counsel to investigate the election, according to Axios.
A spokesperson for the House’s Jan. 6 select committee confirmed earlier Friday that the panel had received the last of the documents that Trump’s lawyers tried to keep under wraps and later declined to comment for this story on these two documents.
The draft executive order
The draft executive order shows that the weeks between Election Day and the Capitol attack could have been even more chaotic than they were. It credulously cites conspiracy theories about election fraud in Georgia and Michigan, as well as debunked notions about Dominion voting machines.
The order empowers the defense secretary to “seize, collect, retain and analyze all machines, equipment, electronically stored information, and material records required for retention under” a U.S. law that relates to preservation of election records. It also cites a lawsuit filed in 2017 against Georgia Secretary of State Brad Raffensperger.
Additionally, the draft order would have given the defense secretary 60 days to write an assessment of the 2020 election. That suggests it could have been a gambit to keep Trump in power until at least mid-February of 2021.
The full text of the never-issued executive order can be read here.
It opens by citing a host of presidential authorities to permit the steps that Trump would take, including the Constitution and Executive Order 12333, a well-known order governing the intelligence community. But the draft executive order also cites two classified documents: National Security Presidential Memoranda 13 and 21.
The existence of the first of those memoranda is publicly known, but the existence of the second has not been previously reported. NSPM 13 governs the Pentagon’s offensive cyber operations. According to a person with knowledge of the memoranda, 21 makes small adjustments to 13, and the two documents are viewed within the executive branch as a pair.
The fact that the draft executive order’s author knew about the existence of Memorandum 21 suggests that they had access to information about sensitive government secrets, the person told POLITICO.
The draft order also greenlit “the appointment of a Special Counsel to oversee this operation and institute all criminal and civil proceedings as appropriate based on the evidence collected and provided all resources necessary to carry out her duties consistent with federal laws and the Constitution.”
To bolster its provisions, the draft order cites “the forensic report of the Antrim County, Michigan voting machines.” That report was produced by Russ Ramsland, who confused precincts in Minnesota for those in Michigan, according to the Washington Post. Michigan’s secretary of state, meanwhile, released an exhaustive report rebutting election conspiracy theories and concluding that none of the “known anomalies” in Antrim County’s November 2020 election were the result of any security breach.
"This draft order represents not only an abuse of emergency powers, but a total misunderstanding of them," said Liza Goitein, co-director of the liberty and national security program at the nonprofit Brennan Center for Justice. "The order doesn’t even make the basic finding of an 'unusual and extraordinary threat' that would be necessary to trigger any action under [federal emergency powers law]. It’s the legal equivalent of a kid scrawling on the wall with crayons."
The draft remarks
The draft document labeled “Remarks on National Healing,” also now in the select panel’s possession, provides a first look at the remarks Trump would deliver the next day, which stand in jarring contrast to other rhetoric Trump employed at the time and continues to use when discussing the insurrection.
CONTINUED:
Read the never-issued Trump order that would have seized voting machines - POLITICO
Yo these people better drop the hammer on Trump because this motherfucker tried to turn America into Russia.
They won't!
The January 6th committee is filled with people who voted against the voting rights amendment. How are they going to prosecute someone who fixed an election? Throw Biden's bonehead comment about election security mix and it's a done deal.
i hope dude works harder and digs p dirt on virginiaRepublican Virginia attorney general fires January 6 investigator from university post
KEY POINTS
- The top staff investigator for the House Jan. 6 panel was fired from his position at the University of Virginia by the state’s new GOP attorney general.
- A spokesperson for Virginia Attorney General Jason Miyares indicated that the removal of Timothy Heaphy from his position was routine.
- A spokesperson for the Democratic Party of Virginia said the organization viewed the attorney general’s decision as a “shameful attempt to whitewash the incidents of January 6th and appease his far-right allies.”
Jason Miyares, attorney general of Virginia, is sworn in during an inauguration ceremony for Virginia Governor Glenn Youngkin at Capitol Squarein Richmond, Virginia, U.S., on Saturday, Jan. 15, 2022.
The top staff investigator for the House Select committee investigating the Jan. 6 attack on the Capitol was fired from his position as the top attorney for the University of Virginia by the state’s newly elected Republican attorney general.
A spokesperson for Virginia Attorney General Jason Miyares indicated that the removal of Timothy Heaphy from his position was routine. Heaphy was on leave while working for the Jan. 6 panel.
“It is common practice for an incoming administration to appoint new staff that share the philosophical and legal approach of the Attorney General,” Victoria LaCivita, a spokesperson for Miyares’ office, said in a statement to CNBC.
However, Democrats do not see it that way. Virginia state Sen. Scott Surovell told The New York Times, “This is purely payback for Jan. 6 — there is no other reason that makes any sense.”
A spokesperson for the Democratic Party of Virginia told CNBC that the organization viewed the attorney general’s decision to fire Heaphy as a “shameful attempt to whitewash the incidents of January 6th and appease his far-right allies.”
CONTINUED:
Republican Virginia attorney general fires January 6 investigator from university (cnbc.com)