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Patsy Baloney: Electric Boogaloo

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Ted Olsen and others put out a report on the 2020 Election titled “Lost, Not Stolen.” It’s pretty thorough, but I thought that publication title was already taken by Ken’s memoir reflecting on going bald.

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This feedback is provided with the caveat that I cannot possibly be the median listener and that if I am, may God have mercy on your business model.

The Graham Subpoena -

A brief introduction regarding why Graham could possibly have relevant information should have been provided. I had no recollection that Graham had called Raffensberger as January 2021 was 100-500 years ago if we are using a biblical chronology.

Second, instead of just touching on Graham’s publicity statement posing as a lawyer’s letter, I think it was worth noting that the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings has been adopted by all 50 states including South Carolina and Georgia. And that beyond the Georgi court issuing the certificate of need, the South Carolina court would need to find that the subpoena did not create undue hardship.

And as a counterweight, you presumably should have discussed why the Georgia investigation is not a RICO investigation, or in honor of Young Thug, why it isn’t a Georgia RICO investigation at a minimum.

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Today’s J6 hearing wrapped up with Cheney noting yet another instance of witness tampering, this time apparently by TFG himself. I’m curious: why does the committee keep bringing this up and saying there will be legal repercussions?

I kind of doubt Trump is going to change his behavior just because Cheney says he’s committing a crime, but If he is trying and failing at witness tampering, wouldn’t it be in the J6 committee’s best interest to let him continue and just keep the receipts for a possible eventual case against Trump? Or are they worried that he might (and perhaps could have already) actually succeed in getting someone to clam up?

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Ken,

While I agree that executive privilege is completely manufactured and does not appear in the Constitution, Congress’ subpoena power is completely manufactured and does not appear in the Constitution. It’s turtles all the way down!

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While I am cautious to pick-up on the spurious names applied the those of Italian ancestry, wasn't Patsy Baloney a childhood friend of the character Mona Lisa Vito in "My Cousin Vinnie"?

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In the Congressional Jan 6 Investigation Hearings, the committee members stated that, while TFG had information that would lead a reasonable person to acknowledge that his fraud claims were baseless, the protestors, onlookers, and rioters he summoned did not have access to that information. For those being prosecuted, could their defense offer a kind of “hapless dupe” argument or a reasonable person counter argument that their actions were justified? Have any done this?

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Since you asked for suggestions, specifically around the Dobbs decision, may I suggest some guests? The fine people of the Strict Scrutiny podcast (Kate Shaw, Leah Littman, Melissa Murray) have been extremely helpful in understanding both that decision and the dumpster fire that is the rest of the decisions in the past few weeks.

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Ken,

Is there any point where the number of shirts Steve Bannon wears at one time gains legal significance in his criminal case? Have you ever seen a motion where the in-custody defendant asked to be able to appear in 6+ rumpled polo shirts?

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