Counsel at Protect Democracy. Former federal civil rights prosecutor
@TheJusticeDept
, historian, K-State/Oxford/Harvard Law alum, believer in the baseball gods.
"Pepper spray is not a chemical irritant. It's not chemical" -- AG Barr uses painstaking distinctions to defend the use of force against protesters near the White House last Monday
@Mimirocah1
Thank you! I have lost count of how many “it’s so hard to prove Trump’s intent” stories have appeared in NYT. Instead of asking how challenging it would be to prosecute Trump, they should ask how challenging it would be for democracy and the rule of law not to.
When reporters have these conversations, do they ever ask: so how does the president control the price of groceries? Or: would you be ok having a dictator if eggs were 50 percent cheaper? 🤷🏻♀️
It’s not unusual for the FBI to use search warrants to investigate federal crimes and national security threats, or for judges to issue them when there’s probable cause. It IS unusual for a former president to do things that warrant being treated as the target of such a warrant.
The key question a lot of federal officers and their enablers should answer: “Why are you not honoring your oath?” he bellowed. “Why are you not honoring your oath to the Constitution?”
Free speech is one thing, but this is over the line. As a prosecutor, I'd be sorely tempted to make a motion to revoke Trump's pre-trial bond & put him in custody. Let him explain it to the judge.
The headline here is that not a single Republican member of Congress has declared this to be disqualifying for the office of President, nor has any Executive Branch official resigned in protest. THE ENTIRE GOP IS FINE WITH PROMOTING TERRORIST ATTACKS ON GOVERNMENT OFFICIALS.
.
@Liz_Cheney
: "I think it's crucially important that they rule quickly and decisively. That no circumstance under which a President's actions would be protected by immunity exists here. No president can attempt to do what Donald Trump did and enjoy immunity for that."
Imagine if we had a national popular vote and no one was ignored! How awesome would it be to be able to live anywhere in America and have your vote actually count?
@BernieSanders
Red & orange areas have the same population. Imagine if orange elected our president every election & red was completely ignored. Exactly why we need to keep the Electoral College.
Anyone who has ever worked in law enforcement and dealt with people who traffic in these kinds of conspiracies should know how dangerous this could be.
I fear that, because the antics of
@realDonaldTrump
and his enablers to keep him in power have become so comical, we may be underestimating the potential for violence that may result from them.
Trump held hands with Theresa May to get down stairs and the public has never seen a credible report on the state of his physical health (which appears to be poor). But keep it up, Axios. “Zooming out” on the last days of American democracy will be fun and get lots of clicks.
SCOOP: As voters worry about President Biden's age and fitness for office, his team is taking steps to prevent further public stumbles, like wearing tennis shoes and using the short stairs on Air Force One.
I signed this statement. If you are an HLS alum, please consider. Every American lawyer should be a defender of our democratic republic and our Constitution, not an agent of their destruction.
Why doesn’t every news story about Trump note that he’s an adjudicated sex offender? E Jean Carroll doesn’t “say” he raped her. A jury found that Trump committed acts that would constitute rape or aggravated sexual abuse under most state laws.
Shorter Brian Kemp: The guy who threatened to execute Mark Milley last night would be better than Joe Biden. In other words, no one should entertain the idea that there are any GOP “normies” who are going to help walk us back from this cliff.
Brian Kemp on why he’ll back Donald Trump if he wins the GOP nod, even though he tormented the governor for much of the last three years: “Despite all of that, despite all of his other trials and tribulations, he would still be a lot better than Biden."
As a child of the Cold War, I was taught that Americans don’t build walls; we tear them down. We need rational and efficient immigration policies that will protect our border, not a wall.
Previously, the President dictated a statement for his son that claimed the purpose of the meeting was to discuss a law governing adoptions. Today’s statement is an admission that the prior statement was false.
Your lede:
President Trump today confessed that his son, son-in-law, and campaign chair met in June 2016 with Russian agents in hope of obtaining Russian intelligence to sway the 2016 election. Trump - who denies advance knowledge of the meeting - defends it as "totally legal."
Instead of stories about the “political firestorm” that occurs whenever officials even contemplate enforcing the law against Trump, maybe there should be stories explaining that Trump seems to prefer threats and attacks on the legal system to defending himself on the merits.
Not going to amplify it, but Trump is actively stoking political violence in his social media posts. Someone is going to get killed. It’s so depressing that he is leading the GOP primary currently—by a wide margin. He’s a serious threat to American democracy and security.
Impt warning from
@gtconway3d
: Trump’s motives are dangerous and he’d love to foment more violence. Those covering him should think about what they’re amplifying when they repeat his words without context. Let’s treat this as the threat it is.
Leaving aside whether there was any coordination here, it’s not unlawful for federal and state law enforcement officials to coordinate on matters where there’s concurrent jurisdiction. Someone should tell Jordan about the many existing state-federal task forces.
House Judiciary Chairman Jim Jordan launched a probe into whether District Attorney Fani Willis coordinated with federal officials, including special counsel Jack Smith.
Been some inklings this was coming. I think Nora Dannehy’s resignation was a big deal, and we will find out later it led Durham to resist. She did the right thing when it was hard and it mattered.
Most importantly: The speech or debate clause is nearly impenetrable when it comes to the official business of Congress. Unlike executive privilege, there are virtually no exceptions.
Hard to argue Pence’a Jan. 6 role wasn’t part of his official business.
"When he finds out who's flipped against him, there's just no chance Donald Trump can control himself and not comment about that."
@CynthiaAlksne
on the judge's protective order against Trump in the 2020 election case.
Reporting about Trump’s rhetoric “turning violent” fails to take account of the violence he has already sanctioned AND perpetrated. Lafayette Square anyone? If you want more where that came from, keep talking about this election like it’s about inflation and Biden’s age.
A Trump strategist today described to me something that is truly a conundrum for Biden's team: "There's nothing they can say about Trump that voters don't already know."
Trump was indicted by a grand jury for conspiring to overthrow an election. In the meantime, he chose to run for president again. It’s not “political” to ensure he’s tried before the next election so voters know whether or not he’s guilty. It’s what the public interest demands.
The former president is lying about and stoking violence against a federal magistrate judge. As we learned from the J6 hearings, he is well aware of what many of his supporters are willing to do in response to his words.
This is an important point. So far Garland is doing what he should to ensure that our primary law enforcement agency functions independently of partisan politics. The previous administration did the opposite.
Contrast Garland's alacrity in appointing a special counsel for Biden today with Barr's outright refusal to appoint one to look into Trump's criminal attempt to extort Ukraine.
Neighbor sees an 8-yr-old walking by himself - on the sidewalk - down the street from his house in a suburban neighborhood and calls the cops! Then the cops arrest the mom, and she ends up pleading guilty to child endangerment! It's insane.
@gtconway3d
has it right. Does Judge Carter’s finding mean Trump will be prosecuted? No. That’s up to
@TheJusticeDept
But it does mean that legal experts (not partisans) have concluded that investigation (which IS happening) is warranted./1
Everyone should read what will happen to the bodies of young girls who are forced to give birth under the new regime. “The critical issue is that the pelvis of a child is too small to allow passage of even a small fetus.”
I prosecuted and supervised countless prosecutions of civil rights violations under 18 USC 241
@TheJusticeDept
@ianbassin
and I explain why that Reconstruction law perfectly addresses Trump’s J6 attack on our multiracial democracy.
Totally detached from reality, inciting political violence — putting a target on a senior member of the US Senate — and a new racist nickname. We can’t just pretend this isn’t happening, because these posts are radicalizing more and more extremists every day.
What I know for sure: DOJ prepares for every possibility, especially on really big cases.
Even if the Supreme Court waits until the last day of its term (late June-ish) to announce its decision, Trump is still more likely than not to face trial in federal Court THIS year.🧵
Exactly right from
@GregTSargent
: Trump “is relentlessly conditioning his supporters to expect a second term in which he will bend or break the law to wield the machinery of the state to persecute his opponents, perhaps on a mass scale.”
Trump leads Biden narrowly in a hypothetical 2024 rematch, 48% to 45%, in
@washingtonpost
@abcnews
poll. That's within the margin of error but clearly suggests Trump is not the spent force his critics wish.
@danbalz
@EmGusk
@ssamcham
@bd_highsmith
Really any lawyers who have practiced in federal court. His obvious bias is disqualifying. But so are his non-responsive answers, his belligerence toward his questioners, and his contempt for the process. Judges don’t allow witnesses to behave that way.
And while proving criminal intent beyond a reasonable doubt to a jury of 12 is more challenging than by preponderance to a judge (as it should be) the notion that DOJ needs much more evidence to meet that standard is off base. But guess what? They will get more, so buckle up. 1/2
No other person would be taken seriously if they tried to overcome a mountain of evidence by declaring themselves a candidate for office. The only thing that matters in assessing whether Trump should be prosecuted is the evidence and the law.
"Part of Trump’s urgency comes from wanting to get ahead of a potential indictment, the logic being that a declared candidacy makes a prosecution look more political."
What is it about the stretch of I-95 around Fredericksburg that causes long delays every day no matter what time? My elected representatives need to fix it.
@gtconway3d
is on point: “If Garland means what he says, then the investigative road must lead prosecutors to the individual most responsible for the events of Jan. 6: former president Donald Trump.”
I was a prosecutor for 15 years. For every minute of those years, I was a career civil servant in one Democratic and two Republican administrations. I signed the statement because of the overwhelming evidence that supports obstruction charges against Trump.
EXCLUSIVE: "I know more about prosecutors than you'll ever know. They're politicians," President Trump tells
@GStephanopoulos
when asked about a statement from 1000 former prosecutors who believe Trump was spared an indictment because he's president
Spot on from
@MollyJongFast
: “our country is once again sleepwalking into disaster, and if journalists aren’t clear about the stakes of a second Trump presidency, it will be, at least partially, our fault.”
“Marie Gluesenkamp Perez, a 34-year-old rural working-class Democrat who is emphasizing abortion rights,” was just called as the winner of this race. 👀
It’s not Garland’s job, nor is it possible, to “quell criticism.” The story here should be that a Trump-appointed prosecutor investigated Hunter Biden for 5 years — the last 2 without any hint of political interference from the current administration. /1
There’s some commentary on here saying we should disregard Trump’s “bloodbath” remarks last night because he was talking about potential harms to the auto industry.
That is misguided. 1/x
In this brief, people who purport to be lawyers assert there’s an undisputed “doctrine” that says the Judicial Branch has no authority over the President. This is … incorrect.
Excellent analysis by
@gtconway3d
of Trump’s groundless immunity argument: “Trump is going to lose. The only question is how quickly it will happen.”
Key evidence on whether Trump “corruptly” obstructed congressional proceeding,18 USC §1512
Jan 4: Eastman, Trump’s apparent legal rep (co-conspirator, per judge Carter) admitted in front of Trump that Pence would have to violate federal law to enact their plan.
Jacob testimony.
We simply cannot speculate about DOJ’s use of 18 U.S.C section 241. It would be a serious question whether the former president conspired to injure, oppress, threaten, or intimidate the Secretaries of State “in the free exercise or enjoyment” of any right of theirs.
What this hearing and the others show, more than anything, is the degree to which violence was discussed and anticipated by both opponents and proponents of the idea that Pence should steal the election.
“On Aug. 13, 1955, 63-year-old Smith went to the Brookhaven courthouse to drop off absentee ballots for a county supervisor runoff election … Three white men approached him outside and shot him in front of at least 50 people, according to FBI documents.”
Leaving aside the plausibility of the suggestion that Trump is playing 11-dimensional chess, it’s notable that “Reagan Republican” is now a term of derision.
Trump confidant: “There’s a pre-Trump Ron and there’s a post-Trump Ron. He used to be a Reagan Republican. That’s where he comes from. He's now awkwardly trying to square his views up with the populist nationalist feeling of that party."
From
@WSJopinion
: Do Americans really want an unelected attorney general making the unprecedented decision to send FBI agents to the home of a former president without at least running it by his boss, the sitting president, asks
@wjmcgurn
Here’s one of the criminal codes references in the Trump warrant. 18 U.S. Code § 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy | U.S. Code | US Law | LII / Legal Information Institute
We’ll learn more about how this deal for Hunter Biden compares to others similarly situated. But please try to imagine any Trump being convicted of federal crimes by a Justice Dept overseen by Trump.
He is a legend: “After the injury, Mahomes completed 12 of 18 passes for 118 yards and a touchdown.” (But I’m not sure he should have been out there. 🥶)
@gtconway3d
@protctdemocracy
@PENamerica
Trump attacks Amazon because of his antipathy toward the Washington Post. He’s on the record repeatedly, as he is with so many of his other abuses of power.
@YesMomsCan
One of the biggest mistakes many people made — and are still making — is not seeing what McConnell did with Garland as a sign that we have an authoritarian political movement in this country. And that Trump is a symptom, not a cause.
@Mimirocah1
and
@matthewamiller
are spot on here. DOJ independence is fundamental to democracy. At a miminum, Whitaker must recuse from Trump investigations, and so must Barr.
People are missing a big thing about DeSantis's petition for a grand jury to go after distributors of vaccines. It isn't just about demonstrating his antivax cred. It's also about demonstrating his zeal to marshal the state against assorted elite enemies:
Question for the sitting Vice President of the United States: Do you have any capacity for shame?
Because if you still do, this is the time to show it by speaking up against this madness. If you don't, your silence will never be forgotten.
@VP
@Mike_Pence
Those of us who care about living in a democracy—ie, a society where voters decide elections AND everyone has equality and liberty (including bodily autonomy) — need to talk about what those who hate democracy want to DO with their ill-gotten power. It’s a winning message.
“This is a huge win for Alabama, not just for Democrats. It’s a huge win for women,”
@DougJones
says after Marilyn Lands, who made reproductive rights her campaign focus, won in Alabama's special election last night.
I was at DOJ for 19 years and 15 years as a prosecutor. These things don’t happen unless the career staff thinks they need to take extreme measures to protect the rule of law. Much respect to these four prosecutors for honoring their oaths. Let’s have their backs.
Today’s events represent as serious a moment as I have seen in 13+ years covering the Justice Department. The alarm coming from Democrats and Republicans who served there is remarkable. (The photo is from a pretrial court appearance by Roger Stone.)
Note to all: sedition charges are not “more serious” than the conspiracy to obstruct charges already leveled against many people. The max penalty is the same. Use of the harder to prove sedition charge against Rhodes et al is about scope of conduct, not degree of seriousness.
More important than ever in light of today’s admission about the purpose of the Trump Tower meeting. It IS a crime to conspire with a foreign govt to interfere in an election. And it’s an attack on our sovereign democracy. Not a partisan issue — an American issue.
Today we, along with
@StandUpRepublic
, are releasing a detailed explainer on why “Conspiring with a Foreign Government to Win an Election is Not OK”! Here are some highlights:
Virginia 10 congressional district was Republican for 60 of past 68 years. A Democrat won in 2018. I took a long winding drive through the most rural parts of the district today. Counted 4 Trump signs, only 2 on private property. Dozens of Biden signs, to many to count
Donald Trump stood on stage with Vladimir Putin and sided with Putin over America’s intelligence community.
Trump never would have stood with Ukraine. It can’t be overstated how much better it is for the world that he’s not President right now.