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Jed Shugerman Vote 11/6 @jedshug
, 4 tweets, 1 min read Read on Twitter
TBH, I have had concerns about the vagueness of the "Conspiracy to defraud the U.S." charges (18 USC 371) as part of the Mueller probe for a while. This is a legitimate legal problem. Note that Mueller has always added other charges in guilty pleas. talkingpointsmemo.com/muckraker/muel…
2/ How big a problem is this? Let's say ConFraudUS 18 USC 371 gets wiped out for vagueness.
Flynn's plea is for lying to FBI, so the 371 ConFraudUS is not a problem. And he has already cooperated with other more serious and more concrete charges looming. So he's locked in...
3/ Rick Gates pleaded guilty to ConFraudUS 18 USC 371, but also to felony false statement. And his confessions and cooperation are also locked in. And Manafort was found guilty of other charges and pleaded guilty to witness tampering, in additon to 371. So he's also locked in...
4/ Michael Cohen pleaded guilty to campaign finance felonies. So the 371 vagueness problem doesn't jeopardize his cooperation. So how is this legal snag a problem for Mueller?
Roger Stone? Don Jr? Kushner? It seems like they are facing sufficient charges for lying/obstruction..
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Veselnitskaya unsealed indictment on obstruction (Russian money laundering case):
"Veselnitskaya, the Russian lawyer who met with @DonaldJTrumpJr (and Manafort & @jaredkushner) at Trump Tower, represented Prevezon Holdings in a civil case..."
washingtonpost.com/world/national…
2/ "...in which SDNY prosecutors sought millions in forfeiture... & alleged in a civil complaint that a Russian criminal organization ran an elaborate tax refund scheme, stealing the identities of companies and filing sham lawsuits to incur fake losses for refund purposes."
3/ Full indictment here, which alleges that Veselnitskaya worked closely with "a senior Russian prosecutor" in Prevezon investigation, but "concealed [that fact] from the Court," and thus "obstructed the civil proceeding."
documentcloud.org/documents/5677…
Read 20 tweets
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4 clear pieces on the law of “national emergency” and the wall: @MargLTaylor
@BobbyChesney in @lawfareblog; @LizaGoitein in @Atlantic; and @charlie_savage in @nytimes (links here).
My bottom line: Congress has given the president too much discretion.
nytimes.com/2019/01/07/us/…
2/ @MargLTaylor: “On closer inspection, relevant statutes delegate substantial authority to the president, and it is possible to imagine arguments...courts could find convincing if they are predisposed to defer to the president on a national emergency.” lawfareblog.com/declaring-emer…
3/ @BobbyChesney finds similar statutory discretion, and also asks, “Who has standing to challenge in court?”
Congress’s legislative standing isn’t easy. We agree that there are many private landowners facing eminent domain seizures...
lawfareblog.com/can-president-…
Read 3 tweets
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I’m creating a thread to recognize the libertarians admirably speaking out against the Trump’s family separations and/or the abuse of executive power and takings for the wall. I haven’t seen enough, but please send me more examples for recognition. 1/
2/ Libertarians speaking out against Trump on immigration:
3/ A shout-out to @reason and @CatoInstitute in particular:
Read 9 tweets

Related threads

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💣Conspiracy💣

TeamTrump convicted criminals: Flynn, Manafort, Cohen, PapaD, Van Der Swaan ++

📌TeamTrump conspired w/ RU a hostile foreign gov’t to win the election

📌Trump & his criminal cohorts conspired to defraud the US electorate by catching & killing damaging stories &
💣Conspiracy💣

Pecker/AMI/Nat Eng’s admitted paying hush money to a woman to “suppress the woman’s story ” & “prevent it from influencing the election.”

As a part of the agreement, AMI admitted that it made the $150,000 payment in concert with Trump’s campaign. #Conspiracy
💣Conspiracy3💣

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📌Former Trump attorney Cohen blames Trump for leading him down ‘path of darkness’

📌Cohen just fell into the bottomless pit of Trump’s corruption

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Read 61 tweets
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Conspiracy to Defraud the U.S. thru interference w/a U.S. agency, i.e. FEC, DOJ, DOS may seem like an odd charge, but it's not. It was part of Ct I in the Watergate indictment. Manafort & Gates pleaded to it. A week ago, a PA politico was convicted of it & other FEC crimes. 1/
Most directly relevant, of course, is the Internet Research case, where defs are charged w/a 371 conspiracy to impair, obstruct or defeat the FEC, DOJ & DOS in the execution of their regulatory/enforcement tasks. Judge Friedrich denied defendants' motion to dismiss that charge.
SDNY often charges conspiracy to defraud the United States. Count I of the indictment against 4 defs charged in the Panama Papers case on 12/4/18, e.g., is a conspiracy to defraud the U.S. justice.gov/usao-sdny/pr/f…
Read 3 tweets
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#mueller #russiagate
tinyurl.com/y9zleneo
This article has provoked a lot of commentary today. Most of the commentary from the the left has been alarmist, though some (like @SethAbramson) have been dismissive. I don’t think either response is appropriate. 1/16
There was every reason to expect that Mueller would go into action again shortly after the election; we didn’t need this article to know that. 2/16
Read 17 tweets
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Trump: “There was no talking to Russia. There was no phone calls. I didn’t make phone calls to Russia. I didn’t receive phone calls. I didn’t have meetings. I didn’t have texts. Anything. I have nothing to do with Russia.” #mueller tinyurl.com/yahwud9s
2/ It’s very telling that this is the way Trump thinks collusion has to work to be collusion. But no one in his or her right mind has ever supposed that the collusion would be that ham-fisted. #mueller
3/ It’s not as though Mueller is trying to find an email that says: “I hereby commit myself to lifting sanctions if and when elected, if you, Vladimir Putin, agree to help my campaign by hacking and disseminating Hillary’s emails.” --(signed) Donald J. Trump.
Read 6 tweets
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‼️Be Smart‼️

“Cambridge Analytica ...had had the [stolen] Clinton emails more than a month before they were published by WikiLeaks.”

Savor the implications. 🤗

It is fitting that Trump has been forced into retreat by babies. Cruelty should never be mistaken for strength.
‼️Be Smart2‼️

The dystopian Trump Admin is weaponizing gov’t by eviscerating regs that protect the 98% (those w/o money & power), & they’re weaponizing bureaucracy, in order to use it against everyone they don’t like, whether it’s immigrants or poor people or DEMs.

#Mueller
‼️Be Smart3‼️

A new RU influence operation has surfaced that mirrors some of the activity of an internet firm that the FBI says was deeply involved in efforts to sway the 2016 U.S. elections, a cybersecurity firm says.

Don Jr. ‘Regrets taking’ 2016 Trump Tower meet w/ RUs
Read 63 tweets
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MUELLER THREAD (PART 1)
MUELLER THREAD (PART 2)—new Mueller thread here because it was getting LONG. 116/ Nov 2016 tweet by @DanScavino bragging about FB engagements, which is really an admission of conspiring w indicted Prigozhin defendants.
117/ Jared Kushner’s WH assistant and now POTUS advisor, brags days after the election about Trump FB interactions—again, a vicarious admission of guilt for conspiring with the indicted Prigozhin Kremlin agents, who melded with Trump on Facebook.
Read 19 tweets

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