We all need a break

If you’re like me, you’re probably feeling a little bit like this at the moment.

Like Ruth Bader Chicken, I’m out of sorts.

I don’t mean to make light of what’s going on. There are a lot of serious matters that merit out attention right now. We all know what we’re living through—a moment when we learn whether our democracy has sufficient strength to take on the people who wanted to subvert it for their own purposes, and hold them accountable. And the horrific school shooting in Nashville. But while touching on the serious matters, I also want to share a few chicken pictures with you tonight. Before we get there:

• The New York Times has this reporting tonight: “Two people with knowledge of the grand jury’s schedule said that, as of Tuesday afternoon, the panel was not expected to meet on Wednesday. But grand jury proceedings are kept secret and timing can change.”

There was also a suggestion the grand jury would meet but not hear from witnesses, which, my former DOJ colleague Andrew Weissmann was quick to point out, wasn’t inconsistent with voting on an indictment. While there is other reporting to suggest that won’t happen this week, the bottom line is: we really don’t know.

As a former prosecutor, I take some comfort in the fact that the grand jury process is proceeding as intended, without any leaks from the prosecution. But it’s undeniably tough on people who want reassurance that the system still works. Keep in mind that it was Trump who set the expectation for a Tuesday arrest last week. District Attorney Alvin Bragg’s office doesn’t share their schedule, and they’ll indict if and when they are confident the evidence and law are on their side.

• This afternoon we learned that a federal judge in the District of Columbia has ordered former Vice President Mike Pence to testify before the special counsel’s grand jury.

Pence has put an incredible amount of effort into testimony avoidance. For someone who likes to talk about his commitment to the Constitution, he seems to be allergic to actually demonstrating it. Pence has never testified about the events leading up to or occurring on January 6. We don’t know whether Trump tried to convince him to join the plan to prevent the Electoral College vote from being certified, what Trump told him about the plan, whether there was an effort to coerce Pence, what Trump said to him in their final call that no one else heard both sides of, what led Pence’s chief of staff to alert the Secret Service to a threat against Pence in the days leading up to January 6, why Pence refused to get into a car driven by his Secret Service detail that day, and on and on. Perhaps Pence never thought he’d actually be called upon to live up to the oath he took, but he put his allegiance towards Trump, not the Constitution, for far too long. Now he’s going to have to explain it under oath.

The judge’s ruling is under seal, so it’s important to be aware that we don’t know the precise scope of the testimony Pence will be required to provide. There is reporting that the court rejected Trump’s argument, that executive privilege means Pence can’t testify at all, entirely. Pence advanced a separate argument on his own behalf, that his status as President of the Senate on January 6 meant he was entitled to speech or debate clause immunity from testifying. The reporting suggests that the court rejected total immunity in this regard and that Pence will be required to testify, including about criminality by Trump, but will not have to testify about his role as President of the Senate. Without the text of the judge’s order, our understanding is imprecise, but the impression is that prosecutors will be able to obtain the testimony that is important for their case. While there could and likely will still be appeals, in recent weeks the courts have continued to demonstrate an ability to act quickly in these matters when called upon to do so. Expect Pence to have his day in front of the grand jury. While that outing will take place in secret, some of his testimony could be revealed in the course of preliminary motions if there are indictments, and, of course, it’s likely Pence would be an essential witness at any trial.

As we bounce back and forth between criminal investigations in New York, Georgia, and the federal system without any indictments yet, I’ve got a few pictures of chickens to share for distraction.

I’m continuing to spend some time finishing up the area around the new coop, which seems to be where I spend most of my reading and writing time these days. The chickens are exceptionally good company.

But I’m learning to be more careful. This stampede happened when I knocked over some popcorn I’d brought down with me. Apparently chickens are big fans of popcorn.

Popcorn seems to have made everyone pretty happy.

Scotch, our rooster, has started crowing, getting a little louder each day, as if to protest the lack of any indictments.

He’s surprisingly sweet for a rooster, though, and stuck by me all afternoon, although he was probably just hoping I'd be clumsy and knock over the popcorn bag again.

But there was nothing that could serve as a distraction from Nashville. No matter how much we’d like to, it’s impossible to do anything today without reminders of the three young children and the three school employees who died yesterday at the hands of a shooter armed with deadly weapons that she purchased legally. More than 70% of Americans support sensible gun control. It’s our legislators in state houses and Congress who don’t, and who refuse to do anything about this problem.

Eric Holder @EricHolder

Virtually every week, there is at least one new tragedy. It’s madness to think we can continue to do the same thing and have different results. Republican officials offer predictable pablum about thoughts and prayers and look for anything other than the availability of guns to blame for the uniquely American problem of mass shootings. They continue to take money from the pro-gun lobby.

It’s time for action. Given the margin of support, if we make it a key election issue to refuse to vote for the officials whose inaction makes our children targets, if we support candidates who commit to reforms—especially a renewed ban on assault weapons—we can make progress. We don’t have to accept inaction or members of Congress who stick guns into the hands of their own children for a Christmas photo op designed to ensure they’ll continue to receive NRA contributions.

We’re in this together,

Joyce