Teri Kanefield Profile picture
Former appellate defender. UC Berkeley Law graduate. Book prizes include the Jane Addams Book Award.

Aug 10, 2022, 8 tweets

More demands that the DOJ talk about an ongoing matter⤵️

Now I'll show you a reason WHY the DOJ and FBI can’t talk about an ongoing investigation.

Defense lawyers get it. Screenshots will be from a motion to dismiss (written by @reichellaw)

1/
axios.com/2022/08/10/top…

If the prosecution talks, defense lawyers file motions like these, which can lead to dismissal of the indictments.

Maybe that's secretly what the GOP leaders want, but good prosecutors really don't like getting their indictments dismissed for prosecutorial misconduct.

2/

It was interesting to see the GOP leaders start heckling the DOJ to talk.

Until now, the demands for answers came from Trump critics who were demanding that Merrick Garland update the public on the progress of the investigation.

3/

The shift is because the investigation has become public.

It's pretty clear that the DOJ did as much as they possibly could behind closed doors before finally letting the cat out of the bag by grabbing the phone of a sitting Congressman and searching Mar-a-Lago.

4/

While the investigation was happening entirely behind closed doors, Trump critics felt frustrated.

Sensationalists had nothing to say. 'We don't know anything" is boring so they went with "Garland is too wimpy to do anything."

Now Trump supporters are frustrated.

5/

At this point I think it's safe to assume that the DOJ prosecutors will just ignore them all.

I forget whether it was Monaco or Garland who said "we speak through our indictments."

6/

Thanks. Forgot to add that the defense can talk.

Which reminds me: I remain skeptical of all the reporting of what the search of Mar-a-Lago was about because all info is coming from Team Trump and Trump is a liar.

7/

I am putting this here because it's ridiculous.

The DOJ is not "damned" if it honors ethical obligations and refuses to compromise the integrity of an investigation because people want them to.

8/

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