Carrie Johnson
@johnson_carrie
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Carrie Johnson covers the Justice Department for NPR. Nieman Class of 2020. Loud laugher, dog spoiler, prosecco fan. Email to cjohnson2 @npr .org
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Joined May 2011
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"Breonna Taylor should be alive today," says Attorney General Merrick Garland in announcing federal charges against 4 current and former Louisville police officers.
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After a long week, I think of this: MPD Officer Daniel Hodges, who was crushed in a door in the Capitol January 6th, recovering and telling reporters, "It was absolutely my pleasure to crush a white nationalist insurrection."
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Just in: DOJ Inspector General Michael Horowitz is launching investigations into Justice personnel and their response to protest activity and civil unrest in Lafayette Square, DC; and use of force in Portland, Oregon, following requests from Congress and others.
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Just in: Attorney General Garland will update DOJ employees on efforts to hold accountable those responsible for the unprecedented attack on the U.S. Capitol one year ago in a speech Wednesday. 1/x
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“Joe Biden is not going to tell the justice department who to investigate or who not to investigate,”
@RonaldKlain
tells
@ThisWeekABC
. The attorney general, acting independently, will make any decisions about legal process for Trump, his family, his business, and his allies.
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Opening statements -- Assistant U.S. Attorney Amanda Vaughn says Steve Bannon showed contempt for Congress by flouting a subpoena - "the defendant decided he was above the law and that's why we're here today."
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Just in: The DOJ has concluded Rep. Brooks' participation in the 1/6 rally amounted to a campaign event not within the scope of his employment and that instigating an attack on the Capitol would not be within the scope of a lawmaker's employment.
The DOJ has a big decision to make about 1/6.
@KPNatsFan
asks, "what kind of a system of government did we create here if we're powerless to stop attacks from within because we have to define those attacks as within the scope of these peoples' offices?"
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NEW & important: Judiciary Chair
@LindseyGrahamSC
says he intends to follow the blue slip policy for US Attorney nominations in the case of Jay Clayton, meaning NY's two Democratic senators will have their say on the nominee.
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Mueller team has *had it* with Paul Manafort's bid to delay his July 25 trial. In new doc, they cite recorded jail phone call where M says he is being treated like a "VIP", doesn't have to wear prison uniform and gets his own laptop to review discovery materials.
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Merrick Garland is speaking to two audiences beyond the Senators considering his confirmation: a largely demoralized 115,000 workforce at the Justice Department, and those Americans who have lost confidence in the DOJ to enforce the law impartially.
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The career prosecutor who brought to justice Duncan Hunter and Duke Cunningham says he is "fleeing" the Justice Department amid misrepresentations and "resentment" from Attorney General Bill Barr. h/t
@JoyceWhiteVance
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Former federal judge John Gleeson, appointed as amicus in Flynn case, says, "I can't believe some of the things I'm hearing." He says Flynn pleaded guilty twice then checked the which way the winds blew. "Not for nothing, but this crime was committed in the West Wing," he says.
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Just in from
@FBI
spokeswoman: "Because GSA has found ascertainment and certified the election, the FBI can begin background investigation of potential appointees upon receiving written requests from the Office of the President-elect." 1-2
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Just in: Proud Boys leader Enrique Tarrio is indicted. DOJ says the charges include conspiracy to obstruct an official proceeding and obstruction of an official proceeding, plus assaulting, resisting, or impeding certain officers and destruction of government property.
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Important new analysis from Judge Luttig: A 2009 Supreme Court ruling may require Barrett to recuse herself from 2020 election cases
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"Donald Trump and his supporters are a clear and present danger to American democracy. That's not bc of what happened on January 6th, it's bc to this very day" Trump and his allies would attempt to overturn the 2024 election & possibly succeed, says retired Judge Michael Luttig.
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"I would have laid my body across the road before I would have let the Vice President overturn the results of the 2020 election based on that historical precedent," testifies retired Judge Michael Luttig.
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This analysis by
@SallyQYates
(who spent 20+ years as a career prosecutor) is the majority view of prosecutors with whom I’ve spoken since the publication of the Mueller report.
.
@SallyQYates
: I believe if he was not the President of the United States he would likely be indicted for obstruction
@MeetThePress
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Former FBI lawyer
@thejimbaker
tells
#LawfarePodcast
“I just became sick of all the BS that is said about the origins of the [Russia] investigation.” Baker says he’s speaking out “to reassure the American people that it was done for legit reasons & that it was apolitical thruout”
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As you see/hear renewed attacks on the Russia special counsel, remember these things: Robert Mueller is a registered Republican 1/x
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After two years of being on red alert here at the Justice Department, I've got to wonder: is a version of the Saturday Night Massacre actually underway at the Department of Homeland Security instead?
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NEW Justice Department Inspector General launches review "to examine the role and activity of DOJ and its components in preparing for and responding to the events at the U.S. Capitol on January 6, 2021." 1/2
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JUST IN: The government is not done with Rick Gates. Special counsel lawyers tell the judge Gates "continues to cooperate with respect to several ongoing investigations, and accordingly the parties do not believe it is appropriate to commence the sentencing process at this time."
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Harvard Law School Dean John Manning confirms professor emerita Lani Guinier died peacefully at age 71 this morning. Guinier, an expert in voting rights, was the first woman of color to be hired for a tenured post at the law school. 1/2
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Confirmed: Andrew Weissmann, head of DOJ fraud unit, to join special counsel Robert Mueller's team. Weissman used to be top lawyer
@FBI
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Me to AG Barr at 4-18 press conference: will you permit Mueller to testify publicly to Congress?
Barr: “I have no objection to Bob Mueller personally testifying.”
NEW w/
@samstein
NEW: Dems say they've been told Mueller is willing to testify, but DOJ has been unwilling to set a date
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Senator Chuck Grassley delivers a message to Acting Attorney General Matt Whitaker, Iowan to Iowan: "He oughta forget that. I'm not a lawyer but Marbury v Madison is the basis for the judicial branch checking the other two branches of government, far as I'm concerned."
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You'll savor every word of this
@NinaTotenberg
remembrance of Justice Ruth Bader Ginsburg. She loved gossip! She didn't know how to use the oven. And, oh, the warmth.
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Mueller says of the Russian interference, "They're doing it as we sit here and they expect to do it during the next campaign." Earlier, he said his office's charges vs Russians had been "underplayed."
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DOJ’s Acting Deputy Attorney General John Carlin, noting it’s been 100 days since the Insurrection, commends a tireless group effort by prosecutors, agents & staff: “The FBI has made an average of more than four arrests a day, seven days a week since January 6th.”
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Lawyers for Michael Flynn & Robert Mueller: "due to the status of the special counsel's investigation, the parties do not believe that this matter is ready to be scheduled for a sentencing hearing at this time." He's talking & they're not ready to tell the world what he's saying.
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DOJ says the case alleges "Brooks engaged in conduct that...would plainly fall outside the scope of employment for an officer or employee of the US: conspiring to prevent the lawful certification of the 2020 election & to injure Members of Congress and inciting the riot."
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Source tells me Trump's lawyers once again are seeking relief at the 2nd circuit appeals court. If they lose there, imagine this: Trump asking the Supreme Court to intervene next week, in the middle of the Republican National Convention.
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Today’s events represent as serious a moment as I have seen in 13+ years covering the Justice Department. The alarm coming from Democrats and Republicans who served there is remarkable. (The photo is from a pretrial court appearance by Roger Stone.)
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Just in: Cassidy Hutchinson’s attorneys, Jody Hunt and William Jordan of Alston & Bird, issue this statement
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Biden senior counsel Bob Bauer says we are seeing "noise, not really law" and "theatrics, not really lawsuits" from the Trump campaign. Courts already have dismissed about 13 cases, he adds.
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BREAKING Attorney General Jeff Sessions rescinds Obama era guidance directing the Justice Dept to reduce its use of private prisons.
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NPR will be watching/covering the Attorney General’s remarks as part of our ongoing January 6th coverage this week so please stay tuned. 4/4
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The news that Doug will serve as the top lawyer for the House of Representatives means that Nancy Pelosi & other Dems will have the benefit of sterling legal advice as they advance a legislative agenda, and as they seek to impose accountability on the Trump White House/agencies.
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More hardball from Mueller team: in new docs, they call Manafort a flight risk w history of deception, 3 passports & an alias used 4 travel
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The Justice Department says the AG will not discuss cases against specific people or specific criminal charges but rather “the department's solemn duty to uphold the Constitution, follow the facts and the law, and pursue equal justice under law without fear or favor.” 3/x
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"The record indicates that Brooks’s appearance at the January 6 rally was campaign activity, and it is no part of the business of the United States to pick sides among candidates in federal elections," the new DOJ filing says.
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Merrick Garland says Jan. 6 investigation won't end until everyone is held to account - a new interview with the AG
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Garland will “reaffirm the department's unwavering commitment to defend Americans and American democracy from violence and threats of violence,” the DOJ says. 2/x
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A spokesman for the office of special counsel Robert Mueller says "we're declining to comment on what was said at the press conference."
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Guys. Let me tell you something: Sometimes a judge likes to bat around the government, like a cat with a toy. And then, he rules in their favor.
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This is a very significant legal development. Let me explain (thread)
Bittersweet news from
@GeorgetownICAP
: our amazing senior litigator Doug Letter will become General Counsel of the House of Representatives. We will miss Doug, but America needs him in the role, now more than ever. Congrats to our wonderful colleague!
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Former Deputy AG Sally Yates tells Senator John Kennedy, "I don't despise anyone." But she says of Trump, "I don't respect the manner in which he has carried out the presidency."
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Deputy AG Rod Rosenstein, quoting Rocky in a speech tonight: "'The world ain’t all sunshine and rainbows…. But it ain’t about how hard you hit. It’s about how hard you can get hit, and keep moving forward.' That advice applies in boxing, in law, and in life."
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Justice doesn't resolve the question of whether Brooks incited the crowd that day but points out that "Under District of Columbia law, an employee who 'maliciously act[s] contrary to [his] employer’s interest' acts 'outside the scope of [his] employment.'"
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NEW federal judge in Virginia denies Paul Manafort's bid to move the upcoming trial away from Alexandria.
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90 minutes and counting til Paul Manafort court appearance today. He's fighting conspiracy and fraud charges.
Look how things have turned around on the Criminal Deep State. They go after Phony Collusion with Russia, a made up Scam, and end up getting caught in a major SPY scandal the likes of which this country may never have seen before! What goes around, comes around!
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IMPORTANT NEW addition: plea agreement requires Manafort to cooperate "in any and all matter as to which the government deems the cooperation relevant" including full, complete testimony to the grand jury in DC
Paul Manafort's cooperation agreement with the special counsel does not include matters involving the Trump campaign, according to a person familiar with the case,
@johnson_carrie
reports.
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We have a jury in the Oath Keepers seditious conspiracy trial. Sixteen people in all--9 men and 7 women--with opening statements scheduled to begin Monday.
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“As to processing U.S. Attorney nominations, it has always been the policy of the Judiciary Committee to receive blue slips from the home state senators before proceeding to the nomination. As chairman, I have honored that policy and will continue to do so.”
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NEW: The Justice Department tells a NY judge it has reversed its position due to legal developments & new facts, and says it has determined former President Trump was *not* acting within the scope of his office when he made statements that allegedly defamed E. Jean Carroll.
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Acting AG Monty Wilkinson says the Justice Dept “stands ready” to take custody of Ahmad Omar Saeed Sheikh, for the kidnapping & murder of reporter Daniel Pearl, if Pakistan releases him from custody.
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Spotted entering the Justice Department: Connecticut US Attorney John Durham, who’s assisting Attorney General Bill Barr with what Barr calls a “spying” review of intel before the 2016 election.
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Prosecutors have just filed a "motion to travel" for Russian agent Maria Butina. Agents want to take her to interview rooms at US Attorney's offices in Alexandria, Va., and Washington, DC, and to the grand jury in DC.
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Just in: Special counsel lawyers who prosecuted Paul Manafort in Virginia declare his crimes were “serious, long-standing and bold” & that Manafort had “every advantage” in life but pursued schemes because of greed. They agree with assessment Manafort should face 235-292 months.
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One of the more interesting questions raised by this story is why it’s coming out now
CNN Exclusive: The US extracted one of its top spies from Russia in 2017, worried about exposure and Trump’s handling of intelligence:
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Just in from judge in Michael Flynn case: “Commencing onJanuary 4, 2019, the defendant is ORDERED to stay within 50 miles of DC. To the extent the defendant wishes to travel outside that area, he is directed to file a motion seeking leave of Court.” Must surrender passport Jan 4.
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Deputy Attorney General Rod Rosenstein, in one of his last addresses before he leaves DoJ, tells audience at Wharton: “I took more than my fair share of criticism. But I kept the faith, I followed the rules, and I left my office in good hands. Those are the things that matter.”
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If Mueller was so amok/out of control why was he on short list to run Trump FBI?
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Just in: The Justice Department asks a judge in Florida to keep the Mar a Lago affidavit under seal, cites need to "protect the integrity of an ongoing law enforcement investigation that implicates national security."
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Congratulations to
@MacFarlaneNews
- one of the best, hardest-working and kindest reporters.
Award-winning Washington journalist Scott MacFarlane (
@MacFarlaneNews
) has been named congressional correspondent for CBS News. In this role, MacFarlane will join the CBS News Washington bureau and report for all CBS News broadcasts and platforms.
MORE:
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I have covered law in Washington since 1996. This leaves me....speechless.
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Put this one in a time capsule, folks. 🧰 “It began on a gold escalator. It may have ended at Four Seasons Total Landscaping.”
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The information from a foreign partner about Trump adviser George Papadopoulos “is what triggered us going down this path” of investigating in 2016, Jim Baker said. “It would have been a dereliction if our duty not to investigate this information.”
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The Justice Department alums who have been calling for the next AG to follow a post-Watergate model may have been onto something: NPR reports Judge Merrick Garland is under consideration to be the next leader of the department.
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Special counsel team reports in new court filing that it wants to take control of Paul Manafort's Trump Tower condo and his estate in the Hamptons "on or after October 20, 2018," part of the broader forfeiture in his plea deal.
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Searches of Cohen office/hotel room/ home were done with judicial approval - means it was not a "break in"
Inconceivable that the government would break into a lawyer’s office (early in the morning) - almost unheard of. Even more inconceivable that a lawyer would tape a client - totally unheard of & perhaps illegal. The good news is that your favorite President did nothing wrong!
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Lawyers working for Mueller have made political donations to both Ds and Rs. Federal law prohibits evaluating people on that issue for career jobs. 5/end
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@rickhasen
says the move is “ominous” and suggests “it almost certainly means the career attorneys working for the Department of Justice refused to go along with what Trump wants to do now with the citizenship question on the census.”
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“The conduct of the president’s legal team has been a national embarrassment,” says
@GovChristie
, a Trump supporter, on
@ThisWeekABC
. “It’s the country that has to come first.”
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A scene from inside the courtroom when Blackwater guards were sentenced: A 9-year-old boy named Ali was killed in the shooting. Ali's older brother said Blackwater came to Iraq as a security company, but it didn't secure anything.
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Voting rights expert Dale Ho wins Senate confirmation to SDNY federal judgeship - per ACLU “only the second ACLU lawyer to go directly onto the federal bench as an Article III judge. The first was Justice Ruth Bader Ginsburg.”
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Thought from the expert widely praised for his work protecting the 2020 elections before being fired by Trump for telling the truth about baseless fraud claims.
That press conference was the most dangerous 1hr 45 minutes of television in American history. And possibly the craziest. If you don’t know what I’m talking about, you’re lucky.
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The Senate Judiciary Committee just approved the nomination of Lisa Monaco to be Deputy Attorney General by voice vote with a very hearty "aye" from GOP Sen. Chuck Grassley. Her nomination will move to the full Senate. 1/2
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The Senate Judiciary Committee has just tied 11-11 on the nomination of Judge Ketanji Brown Jackson to be an associate justice of the U.S. Supreme Court. Democrats will use a procedural move to proceed and her confirmation is expected by the end of the week.
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BREAKING: Two friends of Merrick Garland tell me he "loves being a judge and he intends to remain on the bench" despite calls to run FBI.
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Mueller team + lawyers for Rick Gates tell judge "defendant Gates
continues to cooperate with respect to several ongoing investigations, and accordingly the parties do not believe it is appropriate to commence the sentencing process at this time." Another update January 15, 2019.
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VP Kamala Harris is in the house (or at least the Attorney General’s grand conference room).
Swearing in Kristen Clarke to lead the civil rights division at the Justice Department.
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The eight man, four woman federal jury in the criminal contempt of Congress case against former Trump adviser Steve Bannon has found him guilty on both misdemeanor charges.
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Robert Mueller has been nominated by both Democratic and Republican presidents for key law enforcement posts for the past 30-odd years 2/x
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Just in from Barry Pollack, a US based lawyer for Wikileaks founder Julian Assange: “The dawn military-style arrest of Mr. Stone, a 66 year old political consultant, was wholly unnecessary and served no purpose other than intimidation.” 1-3
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New court documents say Patten helped an oligarch purchase tickets to the Trump inauguration, soliciting a straw buyer to get around the ban on foreign $ contributions. Patten also misled Senate Intel Committee, DOJ says.
Just in: The Justice Department has charged a Washington lobbyist with failing to register as a foreign agent for work he did on behalf of a Ukrainian political outfit, NPR's
@johnson_carrie
reports.
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Just in: Lawyers for special counsel team & former deputy campaign chairman Rick Gates report "Gates continues to cooperate with respect to several ongoing investigations, & accordingly the parties do not believe it is appropriate to commence the sentencing process @ this time."
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On January 2, 2018, the U.S. Justice Department lacks Senate-confirmed leaders of its criminal division, its national security division, its civil division and its civil rights division. ATF and DEA are also led by acting leaders.
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Thinking this morning of Officer Brian Sicknick, who died this week after the Capitol insurrection. That image of him carrying his beloved old rescue dachshund around the neighborhood won’t leave my mind. Rest In Peace, sir.
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FBI Director Chris Wray identifies agents slain in the line of duty as Daniel Alfin & Laura Schwartzenberger, says they "exemplified heroism today in defense of their country. The FBI will always honor their ultimate sacrifice & will be forever grateful for their bravery."
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Is it safe to have a glass of wine or is that exactly when the pardons will drop?
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Criticism about the special counsel and his team began soon after Mueller hired some of the country's top fraud, terrorism and mob prosecutors to conduct the Russia investigation. 3/x
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Senator Durbin: Do you support defunding the police?
Vanita Gupta: I do not support defunding the police. Says she has spent part of her career advocating for more resources for body worn cameras, officer wellness programs, and more investments and supports for police.
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Just in: Lawyers for the special counsel and former Trump foreign policy adviser George Papadopoulos tell the judge they are ready to move ahead and prepare for his sentencing.
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Merrick Garland says he personally approved the Mar a Lago search warrant and it was a step DOJ does not take lightly. DOJ has moved to unseal the document & receipt. He says he will not stand by while FBI & prosecutors are unfairly attacked & he's honored to work alongside them"
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15+ reporters are milling around outside DC federal appeals courtroom trying to determine who’s involved in a mystery case that somehow relates to the Mueller Russia probe.
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The jury has found Michael Sussmann not guilty of a single count of lying to the FBI. They sent a note at 11:05 advising the judge they had finished deliberations. The judge polled the jury and the verdict is unanimous.
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