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January 6th Committee Hearings Thread of Dominance


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  On 7/6/2022 at 1:46 AM, Bullneck said:

Maybe a lawdog or two can weigh in, but Georgia is in  . . . Georgia.  Ladybug lives in DC and SC.  So unless he's flying Delta through Atlanta he can thumb his nose at the grand jury of Georgia. Not sure about those other fucks.

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Not a law dog, but can Georgia extradite him for ignoring a subpoena? 

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Subpoenas usually have some sort of territorial limitations, initially.  For a state court, it's usually the state itself.

However, because of the Full Faith and Credit clause of the constitution, there are usually ways to make subpoenas effective for out-of-state or otherwise out of jurisdiction witnesses.

In many cases, they are directed to a court that has jurisdiction over the witness and that court then assumes jurisdiction over the subpoena and either issues its own or a similar order that the witness comply with the subpoena, with whatever "inconvenience" mitigation things (travel fees, etc.) the court orders or provided by state law.  Nominally, the local court can refuse to enforce the subpoena if it would somehow offend the sovereignty of the state, but, historically, that doesn't happen very often.

These days, if a Fulton County grand jury subpoena hit a Magat judge in South Carolina for Lindsey Ladybugs, it wouldn't surprise me at all if that judge refused to enforce it.

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  On 7/6/2022 at 3:02 AM, TwiceHorn said:

Subpoenas usually have some sort of territorial limitations, initially.  For a state court, it's usually the state itself.

However, because of the Full Faith and Credit clause of the constitution, there are usually ways to make subpoenas effective for out-of-state or otherwise out of jurisdiction witnesses.

In many cases, they are directed to a court that has jurisdiction over the witness and that court then assumes jurisdiction over the subpoena and either issues its own or a similar order that the witness comply with the subpoena, with whatever "inconvenience" mitigation things (travel fees, etc.) the court orders or provided by state law.  Nominally, the local court can refuse to enforce the subpoena if it would somehow offend the sovereignty of the state, but, historically, that doesn't happen very often.

These days, if a Fulton County grand jury subpoena hit a Magat judge in South Carolina for Lindsey Ladybugs, it wouldn't surprise me at all if that judge refused to enforce it.

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Except he's in DC most of the time and I don't think there are many MAGA judges there...

But I could be wrong about this. Not a lawyer just a dude with a keyboard.

Edited by The Dog
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  On 7/6/2022 at 3:04 AM, The Dog said:

Except he's in DC most of the time and I don't think there are many MAGA judges there...

But I could be wrong about this. Not a lawyer just a dude with a keyboard.

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Well, initially, you would consider issuing a subpoena to where someone legally resides, which for him would be SC.

He may certainly "be found" or be domiciled in DC, which would probably be fully legal.  But, legislators enjoy a shit ton of immunity from service of things like subpoenas, so that might be a big pain in the ass.

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  On 7/6/2022 at 3:10 AM, TwiceHorn said:

Well, initially, you would consider issuing a subpoena to where someone legally resides, which for him would be SC.

He may certainly "be found" or be domiciled in DC, which would probably be fully legal.  But, legislators enjoy a shit ton of immunity from service of things like subpoenas, so that might be a big pain in the ass.

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Yeah was wondering about that.

Regardless I think he sings like a canary (and the rest will too after going through some bullshit). 

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  On 7/6/2022 at 3:10 AM, TwiceHorn said:
Well, initially, you would consider issuing a subpoena to where someone legally resides, which for him would be SC.
He may certainly "be found" or be domiciled in DC, which would probably be fully legal.  But, legislators enjoy a shit ton of immunity from service of things like subpoenas, so that might be a big pain in the ass.

I betcha there’s a Democratic senator or two that would happily freelance as a process server to serve Ladybug right there in the chamber.
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  On 7/5/2022 at 10:52 PM, Brisketexan said:

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Like it would matter?  For fuck's sake, he could confess right now, on live TV, "I led the insurrection -- I asked for people to go kill Mike Pence, and when they were trying to do so, I wanted to go help them kill him so he couldn't certify the votes, and I ordered security that could stop them to stand down.".....and the only consequence would be that he would GAIN votes.

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Georgia has shown to be different and has rejected him.

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  On 7/6/2022 at 3:18 PM, royiv said:
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NYT broke the story. 

He will not testify in public but will do a videotaped and transcribed interview. Won't discuss conversations with Trump except for one on Jan 3rd. Conversations with other WH staff appears to be fair game.

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  On 7/6/2022 at 4:16 AM, Bama Chick said:


I betcha there’s a Democratic senator or two that would happily freelance as a process server to serve Ladybug right there in the chamber.

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No doubt.  But such service would be ineffective.  And the immunity extends to "going to and from" the chambers, making service effected on a legislator subject to quashing even if it occurs outside the chamber or halls of congress.

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  On 7/7/2022 at 2:15 AM, Pig Bellmont said:

*grand jury subpoenas 

And that’s true. 

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To elaborate, the first purpose of a grand jury is to indict people.  They are a buffer between prosecutors and defendants that ostensibly insures that there is probable cause to charge a person with a felony.

To issue an indictment, grand juries must hear the evidence of the crime, usually presented in a one-sided fashion by the prosecutor.  Leading to the expression that a decent prosecutor can indict a ham sandwich (or, as we have seen more recently, get a no-bill for Adolf Hitler).

But grand juries can also investigate crimes. essentially gathering their own evidence of probable cause in order to issue indictments.  That also tends to be at least "guided" by the prosecutors, in terms of suggesting who to subpoena and what they might know.  But it is a tad more impartial than a pure presentation by the prosecution.

But the real reason "investigative grand juries" are empaneled is because they have subpoena power that prosecutors lack on their own, at least until a trial.  It's about the only way prosecutors can engage in "discovery" of evidence and facts before trial.  They can do search warrants, yes, but only for documents and things, and wiretaps that listen in on conversations, but they can't compel people to tell what they know or what the documents and things mean (excluding unconstitutional methods like beating the shit out of people during interrogations).

So, yes, grand juries typically subpoena witnesses to a crime.  But it's not unheard of for a witness to become a target of an indictment. 

I used to office with a fairly high-level criminal practitioner.  DOJ sends letters informing people that they are targets of a grand jury investigation.  Fairly frequently, she would represent people subpoenaed as witnesses, and get a target letter for that same person a few weeks or months later.  Generally speaking, grand jury witnesses are not represented by counsel while testifying in accordance with the secrecy provisions.  On occasion, though, a lawyer for a defendant or target is permitted to make a presentation to the grand jury of exculpatory evidence or explaining whatever other evidence they may have heard, in order to avoid an indictment.  That's tenacious defense work.

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  On 7/7/2022 at 2:08 AM, Sawbonz said:

Who is Sarah Matthews? Apparently another very young woman with insider access who has come forward. Anyone have details?

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https://www.hitc.com/en-gb/2021/01/07/sarah-matthews-white-house/

NINTCHDBPICT000629197538.jpg?strip=all&w

She don't spell too good for a press secretary

“As someone who worked in the halls of Congress I was deeply disturbed by what I saw today. I’ll be stepping down from my rope, effective immediately. Our nation needs a peaceful transfer of power.”

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  On 7/7/2022 at 3:21 AM, TwiceHorn said:

https://www.hitc.com/en-gb/2021/01/07/sarah-matthews-white-house/

NINTCHDBPICT000629197538.jpg?strip=all&w

She don't spell too good for a press secretary

“As someone who worked in the halls of Congress I was deeply disturbed by what I saw today. I’ll be stepping down from my rope, effective immediately. Our nation needs a peaceful transfer of power.”

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Pro:  Claims ability to balance on rope.

Cons:  East Texas Box Face.  Bony knees. 

Verdict: WNB.

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How soon before Trump starts taking pot shots at Cipilone for being a weak and ineffective lawyer, and whatever other insult he ends up hurling at him?  Does he wait until after his testimony so that Cipilone doesn't go scorched earth?  It will be interesting to see Trump melt down if another loyal subject doesn't exactly fall on their sword.

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