ANALYSIS
Here Are the Two Avenues the DOJ Will Now Follow After Seditious Conspiracy Indictments
The Department of Justice has two new investigatory avenues to pursue after indicting eleven Trump supporters for seditious conspiracy for their alleged roles in the Jan. 6 attack on the U.S. Capitol.
“The most interesting aspect of the recent indictments of 11 people accused of involvement in the Jan. 6 attack on charges of seditious conspiracy isn’t who has been charged — but who might be charged next,” former federal prosecutor Barbara McQuade wrote for MSNBC.
The former U.S. Attorney wrote that it is “likely that prosecutors aren’t done yet.”
McQuade explained that the indictments help prosecutors move up to the higher people behind Jan. 6 and may result in cooperation agreements.
“Working up the chain of organized criminal conduct is part of the standard Justice Department playbook. Lower-level offenders can provide leads to higher-level offenders in two ways. One way is through the investigation of simpler crimes. For example, prosecutors may find ample evidence that a particular subject unlawfully entered the Capitol on Jan. 6. If prosecutors can also demonstrate probable cause that the person used his cellphone as a so-called instrumentality to commit the crime, a search warrant can be obtained for the contents of his physical device. A phone may contain evidence of criminal conduct, and it can also provide links to other offenders. Access to phones is particularly valuable in cases in which, as here, the defendants are alleged to have used encrypted messaging applications, such as Signal, to communicate, making it impossible for investigators to obtain the content of incriminating text messages through the normal route — from the service providers,” McQuade wrote.
She also explained the indictments may make it more likely suspects will “flip” and testify against other co-conspirators.
“Another way lower-level offenders can lead to evidence against more serious offenders is through cooperation. Defendants who are charged with crimes and are likely to face conviction can often help themselves by sitting down with prosecutors and providing debriefings of everything they know. Prosecutors refer to this process as ‘flipping’ a defendant from the defense side to the prosecution team. If that information is valuable, prosecutors will ask the court to reduce the cooperator’s sentence. Cooperators can provide verbal testimony, as well as point investigators to documents and other witnesses who can corroborate their stories. Cooperators can even voluntarily share the contents of their cellphones, providing access to encrypted messages that prosecutors may have been unable to obtain in the absence of probable cause that they used the phones as instrumentalities for the crime,” she explained.
The evidence obtained from this methodical approach can be “devastating.”
“The recent charges indicate that this methodical approach has yielded results. The indictment includes verbatim quotations from encrypted text messages among the Oath Keeper defendants, and they are devastating,” she wrote. “The content of other text messages appears throughout the indictment. No evidence is more powerful than the incriminating words of a defendant himself.”
Read the full analysis.
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President Donald Trump’s historic unpopularity is taking a toll on Republican candidates, with once-solidly-red states showing deepening blue cracks as his Iran war, gas and food prices, inflation, and overall economic uncertainty take hold of voters.
The signs have been there: the massive “No Kings” protests, the breaks by once-devout MAGA allies, Fox News acknowledging that Trump is “underwater” with voters, the mass exodus of Republicans from Congress, historically low consumer sentiment, and, of course, the polls.
Trump’s approval rating has been characterized as lower than any modern-day president’s at this point in their term.
According to The Economist, Trump’s approval rating is at 37 percent, and his disapproval rating is at 56 percent. That’s a net negative of 19 points.
It’s worse in the red state of Georgia, where Trump is 23 points underwater.
According to the Atlanta Journal-Constitution’s Greg Bluestein, 56 percent of voters in the Peach State disapprove of Trump’s handling of rising gas prices. 57 percent say the money spent on his Iran war is contributing to higher prices and uncertainty. And 53 percent disapprove of his handling of the Iran war.
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The Cook Political Report’s Jessica Taylor reports that they have just moved the Georgia Senate race from Toss Up to Lean Democratic.
“Some of this is outside of GOP candidates’ control,” Taylor writes, “and Trump is hurting them so much right now on Iran/gas prices when voters uniformly say their top worry is the economy.”
She also reports that Cook Political has moved three other Senate races toward the Democrats: North Carolina (Toss Up to Lean Democratic), Ohio (Lean Republican to Toss Up), and Nebraska (Solid Republican to Lean Republican).
“Right now, we see the likeliest outcome is a 1 to 3 seat Democratic pickup – just short of 4 they need” to take control of the Senate majority, Taylor writes.
Democrats have high hopes in other states as well, including Alaska, where Trump is 12 points underwater; Maine, where he is 25 points underwater; and Texas, where he is 19 points underwater.
And Iowa, where Trump is underwater by 14 points, according to The Economist.
“Iowa looks to be seriously in play for Democrats in November up and down the ballot, according to a new survey from a Democratic group that backs moderate candidates,” Politico reports.
Democrat Rob Sand is leading Republican Randy Feenstra in the Iowa governor’s race — by eight points, while Republicans hold “slim leads” in the Senate race.
The Republicans’ Senate Leadership Fund is expected to pour millions into Iowa, “making it one of five GOP-held states where they’ve made a major investment as they fight to keep the majority.”
Former Obama official Tommy Vietor notes that “Iowa really does look competitive this year. It’s a combination of Trump fatigue, economy/inflation, and tariffs crushing farmers. Dem pickup opportunities include: Governor, US Senate, three House races (dream big and its all four), and its WAY cheaper than other states.”
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Image via Reuters
Fox News has published a striking assessment of President Donald Trump’s political standing ahead of the midterms.
In a Friday article about the president’s firing of Attorney General Pam Bondi, the conservative outlet reported that other Cabinet officials could also be on the “chopping block” — and offered a blunt assessment: Trump is “saddled with underwater approval ratings and an unpopular war ahead of this year’s crucial midterm elections, when Republicans are working to hold onto their slim House and Senate majorities.”
Last month, Fox News acknowledged that the Republican Party is “underwater” with voters, while reporting that Democrats had sunk to a “new low.” Fox News rarely applies the term “underwater” to Republicans, a search of the outlet’s website revealed.
On Wednesday, Fox News reported that “polls indicate” the war in Iran is “unpopular with many Americans, and a surge in gas prices as a direct result of the fighting have triggered a further slide in Trump’s standing in public opinion surveys.”
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That report noted at the top that “Trump stands at 41% approval and 59% disapproval in the most recent Fox News national poll.”
“The political implications are clear,” the report added. “The strikes on Iran and the erosion of the president’s approval ratings are warning signs for the GOP as Republicans ramp up to defend their slim House and Senate majorities in this autumn’s midterm elections.”
It also added that “Trump’s base remains extremely supportive of the president and the war,” and that “much of the slippage” is coming from “non-MAGA Republicans.”
Friday’s blunt Fox News language comes one day after Mediaite’s Colby Hall wrote an opinion piece about the Fox News channel, titled: “Fox News Viewers Have No Clue Trump’s Approval Rating Has Cratered.”
“President Donald Trump is currently enduring the most significant and sustained approval rating decline of his presidency, and the most-watched news network in America is virtually ignoring it,” Hall wrote.
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Image via Reuters
House Republicans have inserted anti-LGBTQ language into a $66 billion must-pass funding bill for the U.S. Department of Homeland Security, effectively granting civil immunity under federal law to individuals and organizations that discriminate against same-sex couples—by citing a religious or moral belief that marriage should be limited to one man and one woman. It also bans the federal government from taking a range of actions against those who hold and act on anti-same-sex marriage beliefs.
Section 544 bans the use of federal funds to take any “discriminatory action” against someone who cites their “sincerely held religious belief” or “moral conviction” that marriage is only “a union of one man and one woman.”
A portion of the provision exactly matches language U.S. Rep. Chip Roy (R-TX) urged the House Appropriations Committee to include in 2023 legislation. Rep. Roy cited praise from anti-LGBTQ hate group leader Tony Perkins and other anti-LGBTQ activists in his press release urging inclusion of the amendment in a 2023 bill. It is not known who drafted or approved the current 2025 provision.
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Journalist Jamie Dupree, who writes Regular Order at Substack, first reported on the provision in the DHS funding bill.
The language could prohibit the government from withholding federal funds from a federally-funded religious school that fired a teacher who supports same-sex marriage. It could block the IRS from revoking the tax-exempt status of organizations that promote the belief that marriage is only between one man and one woman. It could ban the federal government from taking action against a hospital that receives federal funds if it refused certain services in some cases.
While the language is not found in The Heritage Foundation’s Project 2025, some of the core principles in Section 544 echo its recommendations.
Project 2025 calls on the federal government to “Protect faith-based grant recipients from religious liberty violations and maintain a biblically based, social science–reinforced definition of marriage and family,” and “Provide robust protections for religious employers,” while it denounces “the bullying LGBTQ+ agenda.”
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Image via Shutterstock
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