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Marty Lederman
@marty_lederman
, 5 tweets, 2 min read Read on Twitter
1/ THIS! It's exactly right. Yes, the Administration's legal claims are overbroad. But it's absurd for the Dems to treat the Mueller Report as if it's equivocal or ambiguous--or to think the redactions will greatly affect the narrative.

@walterdellinger
washingtonpost.com/opinions/we-do…
2/ (Anyway, leadership can read the redactions and then assess whether there's a compelling reason to share them more widely.)

The far more pressing issues are: (i) Most importantly, compelling DOJ/FBI to give SSCI/HPSCI full counterintel briefings; ...
3/ ... (ii) having Mueller testify; and (iii) obtaining the accountants' docs (Mazars case), for conflict-of-interest/emoluments purposes. And as @walterdellinger stresses, in the meantime the House should be unequivocally strong in explaining, daily, ...
4/ ... just how damning the Report is--"The president is failing to defend democracy from attack”; “The president’s campaign welcomed and encouraged Russia’s efforts to change our election results”; “The president obstructed justice”; and ...
5/ ... “The president daily undermined the rule of law." (I'd add that he's regularly breached his oath and constitutional duty.)

@just_security @lawfareblog
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More from @marty_lederman see all

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Marty Lederman
@marty_lederman
1/ Anyone who thought or hoped Bob Mueller would do anything different doesn't appreciate that he and staff are the only actors in town who've demonstrated in recent years how public officials ought to conduct themselves.

@walterdellinger @just_security @lawfareblog
2/ The contrast with Jim Comey and his FBI investigation of Clinton, and with Bill Barr and Donald Trump, couldn't be starker. Moreover, Mueller's report *does* speak for itself, and it speaks volumes: There's never been a more damning or more unequivocal account . . .
3/ ... of a president's aberrant conduct, dereliction of duty and violations of his constitutional responsibilities. Mueller's already explained why he cannot and will not make any pronouncements about whether Trump violated a statute.
Read 8 tweets
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Marty Lederman
@marty_lederman
1/ Contra @hughhewitt, the most important thing about @jacklgoldsmith's posts is what Jack *doesn't* say. To be sure, Jack is sharply critical of Mueller's craft. I think Jack's wrong on that score, for the reasons I offered at length in my own post.
washingtonpost.com/opinions/2019/…
2/ But whatever: readers can decide for themselves which of us has the better case w/r/t the strengths & weaknesses of Mueller's particular analyses. Critically, however, and (contra Hewitt's suggestions), Jack does not say or argue any of the following:
3/ -- Jack doesn't argue that section 1512 doesn't apply to the President at all.

-- Nor does Jack argue that 1512 doesn't apply to some forms of presidential actions and some of the allegations against Trump (e.g., removing Comey) but not to others.
Read 10 tweets
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Marty Lederman
@marty_lederman
1. This is an excellent and important post. I mostly agree with Jack. I doubt the publication charges (Nos.15-17) will result in a very bad precedent--as w/the Intelligence Identities Protection Act, ...

@steve_vladeck @just_security @JameelJaffer
2/ ... the Court will likely limit any holding on those counts, if it reaches one at all, to indiscriminately ID'ing foreign sources (you know, sort of akin to what Trump and Barr appear on the verge of doing).
3/ I'd also be surprised if the Court holds that conviction based upon knowing *receipt* is constitutional. My preliminary take--similar to Jack's, I think--is that the greatest threat to journalists is affirmance of possible 18 USC 2 convictions under Counts 2-14 ...
Read 5 tweets

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Po ■ p ■ ■ tina ■ T ■ na ■
@porpentina2017
I know everyone is clamoring to start the impeachment process & I want Donald out as much as anyone else because each day brings new & more more dispicable behavior. BUT, I know that we have to allow Congress the time they need to do this right & I believe they’ve got this.
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We’ve already seen that Speaker Pelosi has the ability to play Donald like a fiddle. She’s said that Donald isn’t worth it & that impeaching him isn’t good for the Dems politically... that might be true, but I believe there’s more.
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Rep. Ralph Norman
@RepRalphNorman
I know my colleague @justinamash to be a conscientious and principled man, but I am baffled by his conclusions about the #Mueller report. It is like we have read two different documents.. (1/5)
(2/5) What I have read, is a #report that finds no proof of obstruction and no underlying crime to obstruct..
(3/5) The so-called “evidence” is a collage of unsupported allegations - mostly by disgruntled former employees with an axe to grind
Read 5 tweets
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Joestradamus IV 😺
@Joestradamus91
Think about this:

Media is blowing up the Mueller Report. They are living in the past and they still think Trump is being investigated.

Trump was cleared, them squabbling over the report is just them living in the past.
The media helped frame up obstruction and that is what the Mueller Report helped show. Now the media wants their obstruction to confirm the bias they have installed in the American people.

Problem is that Barr already said no obstruction while Mueller said no to Russia.
So what will the Democratic leadership do? They know impeachment is unrealistic, but the rabid media and base they have tugged along for the last 2 years is frothing from the mouth.

Trump is guilty, but the results say otherwise.

Lose-Lose scenario.
Read 3 tweets
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Will Chamberlain 🇺🇸
@willchamberlain
Into the legal guts of the #Mueller Report (focusing on volume II on obstruction)

Here, the Mueller Report contradicts Barr's pre-AG memo on the proper construction of 18 U.S.C. 1512(c)(2)

This seems like it's in the weeds but it's crucial
Mueller (read Weissmann) argues that "[n]o principle of statutory construction justifies narrowing the [catch-all] provision to cover only conduct that impairs the integrity of availability of evidence."

This is exactly what Barr criticized in his original memo
In his excellent thread yesterday, @JohnWHuber explained why Bill Barr disagrees with this interpretation

Read 5 tweets
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Thomas Wood 🌊
@twoodiac
Here’s another reason to think that the #MUELLER REPORT is going to be devastating for Trump. 1/10
So far no member of Trump’s family has been indicted, including Don Jr., even though Don Jr (according to all reliable reporting) lied his *** off behind closed doors in Congressional hearings. 2/10
And Don Jr. hasn’t been questioned by Team Mueller, which legal experts say is ominous for him, as it is a sign he is a target. 3/10
Read 10 tweets
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Lola Netty
@TXTrumpette89
What happened to the #Mueller hype?
What happened to the Mueller will take down #POTUS threats [@JohnBrennan]?
Was MUELLER the 'insurance' policy aka #BLOCKADE designed to limit/restrict POTUS' ability to enforce the law?
[#TRAITORS]
"complexities, opaqueness & length of counterintel investigations, I’d be surprised if #Mueller was able to uncover breadth of this #conspiracy. More digging will have to be done. But there’ll be crimes. & we better get to see them://t.co/seYfCs0d6q
"A concise #Mueller report would mark the end of the beginning, not the beginning of the end, argues @neal_katyal"

#ratsrunning #wearethenewsnoKlHaaEz80A
Read 13 tweets

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