emptywheel (synonym: control) Profile picture
Abundant tweets about civil liberties & national security*** Legendary potty mouth*** Also at @emptywheel@mastodon.social & @emptywheel.bsky.social 🗽🇪🇺

Nov 6, 2023, 27 tweets

John Lauro should have business cards printed.

documentcloud.org/documents/2412…

Trump should have business cards printed: Deceit, Trickery, and Dishonesty Social.

DOJ argues that Trump's bully pulpit means his was not just one voice among millions, as he himself bragged about -- but in any case, it's a matter for trial.

On the same day Trump is testifying about whether his fraud at Trump Org mattered, DOJ included this line in his DC case.

I hope someone with interns is keeping a running tally of how many times Haldeman gets cited in this case.

The Conspiracy to Defraud section is, unsurprisingly, heavy on fake electors. Here, Jeffrey Clark gets glancing mention.

Shorter DOJ: Sure. If you want us to ALSO charge you with false statements, we can do that too.

DOJ making good use of the pain sweat and tears that got them to Fischer.

Been waiting since at least August 2021 to see how DOJ would argue this.

And now making good use of the pain sweat and tears to get to Robertson.

Florence Pan in the house...

I feel like this was the subject of weeks of discussion. And Trump just teed it up for them.

The definition of corruptly for 1512 is still very much a work in progress (but, I've argued, all foreseeable definitions apply to Trump). Which is why this passage is written this way.

Really legalistic way of saying it's illegal (under the Klan Act) to steal other people's right to vote.

Interesting cake-eating-too move here, to address that some of Trump's actions were committed as President.

Lots of Cheap Dates have been making a 1A argument since this indictment. This is how DOJ dealt with it, unsurprisingly.

documentcloud.org/documents/2412…

Honestly, I may develop a hobby of laughing at the way DOJ and legal commentators make fun of John Lauro for his misuse of citations.

Holy shit! Dead-Prigozhin's trolls even made it in here.

Get used to seeing this passage. Lauro is making a bid, in this and 2 other motions, for Alito and Thomas to treat this as right wing speech. This is how DOJ will address it over and over.

This goes to the core of every legal case against Trump.

Mackey, which will be appealed but bc Mackey is not a former President, may not get there first, gets a shout out.

This is where DOJ compares Trump's historical analogies, starting with 1800, begins, for the historians in the crowd.

documentcloud.org/documents/2412…

Take that, John Eastman.

This section, on the 1876 election, is sort of hilarious.

Some guy named Biden features prominently in DOJ's treatment of 2016.

This may impact efforts to DQ Trump under 14A.

More on DOJ and Incitement to Insurrection. We may have to wait 50 years to learn what prosecutors really thought abt applicability to Trump.

It addresses, but does not answer, a lot of discussion abt insurrection.

documentcloud.org/documents/2412…

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