# 7 Jan 2021 and beyond - the aftermath of the storming of the Capitol

**URL:** <https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020>\
**Category:** Politics & Elections\
**Created:** [January 8, 2021, 10:28am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020 "2021-01-08T10:28:28Z")\
**Posts on this page:** 20\
**Page:** 157

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**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\
**Post date:** [March 31, 2022, 6:24pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3129 "2022-03-31T18:24:20Z")

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> [@Cervaise](#):
>
> So… war is like a forest fire that clears out all the old obstructive brush, making way for fresh clean growth? And without a fire, the forest chokes itself and dies?

True, it’s a monstrous argument, pro-eugenics in the ‘well, if we just kill the RIGHT people’ all-ness of it. Cannot argue that.

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**Author:** ![Rick\_Kitchen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rick_kitchen/32/522_2.png) [@Rick\_Kitchen](https://boards.straightdope.com/u/Rick_Kitchen)\
**Post date:** [April 4, 2022, 2:26am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3130 "2022-04-04T02:26:29Z")

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Insurrectionist who styles his appearance after Hitler says he can’t get a fair trial in DC because he destroyed the city when he rioted.

> **[Jan. 6 Rioter Demands His Trial Be Moved Out Of D.C. Since It Was 'Wrecked By...](https://www.comicsands.com/hitler-mustache-riot-wrecked-dc-2657066732.html)**
>
> High-level Jan. 6 defendant Timothy Hale-Cusanelli pleads with the district court for a change of venue, fearing the jury will be biased since the riot "wrecked" their city.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [April 4, 2022, 7:22pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3131 "2022-04-04T19:22:43Z")

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Arrogant _and_ deluded. Hmm. Now where have we seen that before…?

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**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\
**Post date:** [April 4, 2022, 8:07pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3132 "2022-04-04T20:07:28Z")

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… I feel seen.

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**Author:** ![F.U.Shakespeare](https://avatars.discourse-cdn.com/v4/letter/f/aca169/32.png) [@F.U.Shakespeare](https://boards.straightdope.com/u/F.U.Shakespeare)\
**Post date:** [April 4, 2022, 9:01pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3133 "2022-04-04T21:01:23Z")

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I didn’t realize until just now that this story was true. (The publication being named “Comic Sands” played a role.)

A real-life version of the kid who murders his parents and asks for mercy because he’s an orphan. Gad.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [April 4, 2022, 9:53pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3134 "2022-04-04T21:53:02Z")

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There is some basis for it. The principle of a change in venue is that there may be too much publicity and outrage to enable a fair trial.

That’s why McVeigh was tried in Colorado. It was his own actions that made a fair trial Impossible in OK City.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [April 6, 2022, 3:48pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3135 "2022-04-06T15:48:45Z")

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Good news: a bad lawyer can’t do law-talkin’ stuff anymore. Bad news: this may push back some key Jan. 6-related trials.

> **[Court orders Jan. 6 defense lawyer disbarred](https://www.politico.com/news/2022/04/05/jan-6-defense-lawyer-disbarred-00023314)**
>
> The most immediate impact of Jonathon Moseley’s disbarment may be in the upcoming trial of 11 Oath Keepers facing charges of seditious conspiracy for their role in the Capitol breach.

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**Author:** ![Rick\_Kitchen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rick_kitchen/32/522_2.png) [@Rick\_Kitchen](https://boards.straightdope.com/u/Rick_Kitchen)\
**Post date:** [April 6, 2022, 6:02pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3136 "2022-04-06T18:02:57Z")

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A former North Carolina cop has been charged with insurrection due to his actions on 1/6 and his social media posts bragging about his actions. His lawyer claims his client’s actions were “merely a put-on “for the 'gram.””

> **[A police officer bragged online about his role in the January 6 attack. His...](https://www.businessinsider.com/police-officer-capitol-attack-rioter-trial-january-social-media-instagram-2022-4)**
>
> "Let's be honest here: social media is not reality," Thomas Robertson's lawyer argued, downplaying social media posts that bragged about January 6.

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**Author:** ![Rick\_Kitchen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rick_kitchen/32/522_2.png) [@Rick\_Kitchen](https://boards.straightdope.com/u/Rick_Kitchen)\
**Post date:** [April 6, 2022, 6:04pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3137 "2022-04-06T18:04:41Z")

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> [@F.U.Shakespeare](#):
>
> I didn’t realize until just now that this story was true. (The publication being named “Comic Sands” played a role.)
> 
> A real-life version of the kid who murders his parents and asks for mercy because he’s an orphan. Gad.

Comic Sands is George Takei’s website.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [April 6, 2022, 7:07pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3138 "2022-04-06T19:07:36Z")

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> [@Elendil\_s\_Heir](#):
>
> Good news: a bad lawyer can’t do law-talkin’ stuff anymore.

Seems like some problems with clients funds (Rule 1.15) and obstructing a lawful investigation (Rule 8.1(d)). Those a quick ways to get disbarred.

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**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [April 6, 2022, 9:50pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3139 "2022-04-06T21:50:51Z")

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This whole election thing seems to be taking down a lot of right-wing lawyers.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [April 6, 2022, 11:38pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3140 "2022-04-06T23:38:26Z")

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Follow-up from the judge’s order about the Eastman e-mails:

> **[January 6 panel receives Trump lawyer emails about plan to block Biden victory](https://www.theguardian.com/us-news/2022/apr/06/trump-lawyer-emails-released-january-6-panel-discuss-plans-block-biden-victory)**
>
> House panel receives 101 emails belonging John Eastman, concerning plans to obstruct certification of 2020 election result

> [@](#):
>
> In one email, which includes a draft memo for Trump’s personal lawyer, [Rudy Giuliani](https://www.theguardian.com/us-news/rudygiuliani), recommending Pence reject some states’ electors during the 6 January congressional meeting, Carter ruled for disclosure as the communications were being used to plan criminal activity.
> 
> “The draft memo pushed a strategy that knowingly violated the Electoral Count Act, and Dr Eastman’s later memos closely track its analysis and proposal,” the ruling says. “The memo is both intimately related to and clearly advanced the plan to obstruct the Joint Session of Congress on January 6, 2021.”

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [April 9, 2022, 6:54am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3141 "2022-04-09T06:54:38Z")

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> [@Aspenglow](#):
>
> Garland understands that even if he can build a bullet-proof case against these people, Trump in particular, the issue of whether a president can issue a self-pardon is going to be litigated for years, all the way to the Supreme Court.

I do not think trump can pardon himself after he has left office? Did he do so while in Office?

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**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\
**Post date:** [April 9, 2022, 9:24am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3142 "2022-04-09T09:24:47Z")

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I think there’s speculation that he signed a pardon for himself while he was in office, but never publicized it. Like he was holding a “get out of jail free” card.

Oh, and it looks like Trump jr. was in contact and planning with [Mark Meadows](https://www.cnn.com/2022/04/08/politics/donald-trump-jr-meadows-text/index.html) from the day after the election on through January 6.

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**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\
**Post date:** [April 9, 2022, 10:16am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3143 "2022-04-09T10:16:34Z")

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> [@Superdude](#):
>
> think there’s speculation that he signed a pardon for himself while he was in office, but never publicized it. Like he was holding a “get out of jail free” card.

If he does produce one, is there any way to be sure it was actually written while in office and not done later and then backdated? This question also applies to pardons given to associates. But I think the whole idea of pardons and potential restrictions on them deserves a new thread, rather than hijack this one. So I’ll start one over in GD.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [April 9, 2022, 3:19pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3144 "2022-04-09T15:19:01Z")

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> [@DrDeth](#):
>
> I do not think trump can pardon himself after he has left office? Did he do so while in Office?

I see @dtilque started another thread to discuss pardons and the limits on them that might/should be imposed, but to respond to your question only: Yes, that’s my belief. I think he started drafting a self-pardon as soon as he learned he had the power to pardon. It never would have occurred to him that pardoning himself was never the intent of the pardon power.

Even this politically supercharged SCOTUS will eventually rule that the pardon power can’t and doesn’t apply to oneself if my speculation is correct. But Trump will delay the process for as long as possible, evading justice for the foreseeable future.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [April 9, 2022, 3:31pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3145 "2022-04-09T15:31:19Z")

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> **[Marjorie Taylor Greene seeks to quash effort to block her from running for...](https://www.yahoo.com/news/marjorie-taylor-greene-seeks-to-quash-effort-to-block-her-from-running-for-reelection-212355609.html)**
>
> Rep. Marjorie Taylor Greene, R-Ga., in a hearing in federal court on Friday, sought to quash a legal challenge that would bar her from running for another term in Congress.

> The lawsuit against Greene seeks to prevent her from appearing on future ballots because it alleges she violated the Constitution by encouraging and “facilitating” the Jan. 6, 2021, assault on the Capitol by supporters of former President Donald Trump…
> 
> The groups bringing the challenge against Greene’s candidacy[describe it](https://freespeechforpeople.org/georgia-voters-challenge-rep-marjorie-taylor-greenes-candidacy-for-re-election-under-fourteenth-amendments-insurrectionist-disqualification-clause/) as “a national campaign to ensure that election officials across the country follow the mandate of Section Three of the Fourteenth Amendment and bar elected officials who engaged in the insurrection, including former President Donald Trump, from appearing on any future ballot.”

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [April 10, 2022, 8:32am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3146 "2022-04-10T08:32:28Z")

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That same group is challenging some other candidates for re-election too. (Madison Cawthorn, and I think maybe Gosar too?)

Much as I’d love to see all those ilk kicked out on their asses, I wonder if these motions can have legs? In order to ban these candidates under the Insurrection clause of the 14th Amendment, wouldn’t they have to be first convicted in court of something?

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [April 10, 2022, 8:52am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3147 "2022-04-10T08:52:57Z")

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Lets hope they do it to Trump.

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**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\
**Post date:** [April 10, 2022, 4:07pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/3148 "2022-04-10T16:07:26Z")

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> [@Senegoid](#):
>
> In order to ban these candidates under the Insurrection clause of the 14th Amendment, wouldn’t they have to be first convicted in court of something?

Possibly, but precedent does not seem to require it. That clause was put in there to keep Confederate veterans out of office. I don’t think most Southern veterans were ever prosecuted for insurrection.

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