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Jan. 6: Prosecutions

Oath Keepers Founder Charged With Seditious Conspiracy for Jan. 6 Attack on U.S. Capitol

On Jan. 8, a grand jury indicted Stewart Rhodes, founder and leader of the far-right group Oath Keepers, in connection with the Jan. 6 attack on the U.S. Capitol. Charges against him and 10 other alleged Oath Keeper members include seditious conspiracy for organizing the plot to attack the Capitol.

Fifth Amendment

District Court Rules Anti-Terrorism Law Violates Fifth Amendment

The U.S. District Court for the Southern District of New York has held that the 2019 Promoting Security and Justice for Victims of Terrorism Act (“PSJVTA”)—successor to the 2018 Anti-Terrorism Clarification Act—cannot subject the Palestinian Authority or Palestine Liberation Organization to the personal jurisdiction of federal courts for the purposes of terrorism-related civil liability, as the means by which it purports to secure their consent to such jurisdiction are in violation of the Fifth Amendment’s Due Process Clause.

Pentagon

Defense Department Inspector General Releases Report on January 6 Preparation and Response

On Nov. 18, the Department of Defense’s Inspector General released a 153-page report reviewing “the DoD’s role, responsibilities, and actions to prepare for and respond to the protest and its aftermath on the U.S. Capitol campus on January 6, 2021.” The report found that the department’s actions “were appropriate” in the lead up to Jan. 6. It also found that the Pentagon’s response to Jan.

National Security Agency (NSA)

Pentagon IG Releases Report on Hiring and Administrative Leave of Michael Ellis

On Oct. 21, the Department of Defense’s Office of the Inspector General released its report on the hiring process of Michael Ellis as the general counsel of the National Security Agency (NSA) and his subsequent placement on administrative leave. The report found that, regarding Ellis’s hiring as general counsel, there was “no improper influence or failure to comply with [Department of Defense] guidance in the process and decision to select Mr.

The January 6 Project

Trump Files Lawsuit Against Jan. 6 Committee and NARA

On Oct. 18, former President Donald Trump filed a lawsuit against: Rep. Bennie Thompson, chairman of the House Select Committee investigating the Jan. 6 attack on the Capitol; the House Select Committee; David Ferriero, the Archivist of the United States; and the National Archives and Records Administration (NARA).

Documents

Senate Committee Releases Report on Trump’s Efforts to Overturn 2020 Election

The Senate Judiciary Committee released an interim report on former President Trump’s efforts to use the Department of Justice to overturn the 2020 election. The report is based on documents as well as interviews with former Acting Attorney General Jeffrey Rosen, former Principal Associate Deputy Attorney General Richard Donoghue and former U.S. Attorney Byung Jin Pak, among other department officials.

Director of National Intelligence (DNI)

DNI Haines Asserts State Secrets Privilege in Civil Lawsuit Involving Saudi Arabia

In a court filing on Aug. 27, Director of National Intelligence Avril Haines asserted state secrets privilege in a civil lawsuit filed by Sakab Saudi Holding Company against Dr. Saad Aljabri, a former Saudi Arabia government official, and two of his sons. The lawsuit alleges that Aljabri defrauded the Sakab Saudi Holding Company and was filed in Massachusetts state court on March 21 and has since been brought before Massachusetts District Court.

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