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Glenn Kirschner
@glennkirschner2
, 6 tweets, 2 min read Read on Twitter
1. Just heard Roger Stone belly-aching about the FBI not reading him his Miranda rights. To be clear, Miranda rights are critically important to the fair operation of our criminal justice system. But let’s discuss when Miranda does and does not apply. ...
2. Crim Law 101: the only time a suspect must be read his rights is if the police intend to engage in “custodial interrogation.” In other words, just because someone is arrested, transported and booked, that doesn’t mean he must be read his Miranda rights...
3. It’s ONLY if the police want to question/interrogate him about his crimes must he be informed of his Miranda rights (right to silence, right to an attorney, etc.)
Down in the legal weeds: when a defendant is already indicted at the time of his arrest (which is not the norm)...
4. his 6th Amendment right to counsel (different than one’s 5th Amendment/Miranda rights) has already attached so it may very well be that the FBI did not Mirandize him because they were not going to try to interview/interrogate him...
5. Indeed, given that Stone is a long-term, demonstrable liar, the FBI may very well have decided they were not going to try to interview him, believing he woud just tell more lies. Rather, the FBI may have decided to wait until after Stone’s first court appearance...
6. and let the Mueller team approach Stone’s lawyers about any possible interview. The other distinct possibility is that the FBI did in fact read Stone his rights and he’s just lying, as his indictment inarguably shows he is inclined to do. Stone is so done. #JusticeIsComing
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Glenn Kirschner
@glennkirschner2
1/Quick true story about “hope” I wrote in 2010 when Obama was Pres: I recently interviewed a 10-year-old boy who witnessed a murder. Let’s call him Chris. Chris had been playing in front of his apartment building at about 8:00 p.m. on a warm summer’s night. Sadly, he witnessed
2/an 18-year-old kid sneak up behind one of the neighborhood drug dealers and shoot him twice in the back of the head.

Chris knew the killer from the neighborhood. And fortunately for the investigation, Chris’s mother contacted the police and told them what Chris had seen.
3/His mother, Sheila, would later tell me that it was not an easy decision, as she knew it meant she would have to move her family out of the area for fear of retaliation from the streets. But Sheila said she just couldn’t bear to have Chris grow up thinking it’s OK to
Read 16 tweets

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Seth Abramson
@SethAbramson
Every attorney on social media who knows even the first thing about the Trump-Russia investigation has already given a slough of reasons as to why Mueller might do this. I can think of 5+ offhand. Any journalist (even a non-attorney) covering Trump-Russia should be able to, also.
2/ I just heard Gloria Borger—not an attorney—say on CNN that she "can't imagine" that Mueller wants Stone for *any* purpose other than to be prosecuted for *exactly* what he's now been charged with. In other words, there is no information Stone has that Mueller could want.

Wow.
3/ Journalists don't even seem to understand the *basics* of building a criminal case. Borger said Mueller could never want Stone as a witness in *any* case because he has credibility issues. My god—there are so many things wrong with that statement from an attorney's standpoint.
Read 20 tweets
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John Stoehr
@johnastoehr
1. On one side are Trump’s supporters telling every imaginable lie abt what’s happening on the border. On the other are those armed w/ furious rebukes & facts: the gov't is kidnapping children (a fair term) from parents seeking asylum w/ the purpose of deterring border crossings.
2. With both sides digging in, this nightmare could last the summer. By August, according to one report, the government may have interned as many as 30,000 kids.
3. Pro Publica released yesterday a leaked audio recording of kids wailing for their moms and dads inside a US Customs and Border Protection facility. Listen if you can.
Read 27 tweets
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MaybeCooperativeHat
@Popehat
Manfort's detention is an opportunity to make a point about conspiratorial thinking regarding prosecutions.

Claims by Team Trump that the prosecutions here are a political conspiracy -- like Dinesh D'Souza's claims -- aren't unusual. They're the norm in white collar cases.

/1
/2 In my experience, "privileged" people -- affluent or relatively affluent, college educated, with "good" backgrounds -- generally experience criminal prosecution as conspiratorial. These are not conspiracy-minded people to begin with; they're regular people.
/3 But they perceive the standard operation of the criminal justice system as conspiratorial. They see common developments in the case as evidence that they are being singled out for special treatment by a malicious foe within the prosecutor's office.
Read 7 tweets
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AcjaObservatory
@AcjaObs
The Judiciary is the only formal institution through which legal actions against accused persons are channeled and justice is sought after. The decisions and disposition of the courts bear important marks on other components of the criminal justice system. #ACJA_NG

THREAD:
2. Today we discuss the role of the Judiciary in the Administration of Criminal Justice Act, 2015 starting with the duties of Magistrate(s), Judge(s) and then Chief Judge.
Welcome to the #ACJASeries #ActiveCitizenship #ACJA_NG
3. Duties of a Magistrate under the Administration of Criminal Justice Act, 2015
Section 34
Designate Magistrate or Chief Magistrate to inspect police stations or detention centers as well as their record of arrests #ACJA_NG
Read 14 tweets
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JoanneDavis
@JoanneDavis
1) Fusion GPS Could Have Been Trying To Buy Access To DOJ With Payments To Official’s Wife
dailycaller.com/2018/02/04/fus…

Fusion GPS, a firm paid by Hillary Clinton’s campaign, was paying the wife of a senior Department of Justice official as part of its efforts to gather opposition
2) research on Trump, and the official then brought that research to the FBI — raising the question of to what extent the firm may have been attempting to pay for heightened access to the criminal justice system, & whether they would have hired her absent her spousal connection.
3) A declassified memo said Bruce “Ohr’s wife was employed by Fusion GPS to ASSIST in the cultivation of opposition research on Trump. Ohr later provided the FBI w/ALL of his WIFE'S opposition research, paid for by the #DNC and #ClintonCampaign via Fusion GPS.
Read 14 tweets
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Seth Abramson
@SethAbramson
Collusion is NOT a crime, as Dershowitz says.

THESE are crimes:

Abetting Computer Crimes
Obstruction
Witness Tampering
Making False Statements
Failure to Register As Foreign Agent
Espionage
Solicitation of Foreign Campaign Contributions
Receipt of Bribes
2/ There is not a single attorney in the United States making the argument that Alan Dershowitz so eloquently argued against on MSNBC. The oldest (and worst) trick in the trial advocacy book is to find an argument no one is making, which it'd be stupid to make, and *decimate it*.
3/ Once Mueller's done, we'll ALSO have THESE to look at:

Perjury
Destruction/Falsification of Evidence
Hindering Prosecution
Fraud
Conspiracy to Commit Fraud

The idea—which Dershowitz hangs his hat on—Mueller WON'T BE ABLE TO FIND CRIMES is...sad. It's a sad idea.

A sad hat.
Read 5 tweets

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