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Glenn Kirschner
@glennkirschner2
, 3 tweets, 1 min read Read on Twitter
1. And now the long road for Hicks: another Congressional appearance➡️more invoking of frivolous/non-existent privileges➡️court hearings on the privilege issue➡️court rules her claimed privilege is BS and she must testify➡️another trip to Congress➡️this time she invokes the 5th➡️
2. Congress has to decide whether to grant her immunity➡️they grant her immunity because they want her testimony more than they want to her prosecuted➡️she finally testifies under a grant of immunity and either tells the truth and implicates Trump in multiple crimes or➡️
3. she lies to protect Trump and runs the risk of being charged with perjury/lying to Congress. Will all of this take place before November of 2020? Who knows.
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Glenn Kirschner
@glennkirschner2
1. So here we go Lisa, though I fear it won’t be a very satisfying answer: prosecutors can never use someone’s decision to invoke their 5th Amendment right against self-incrimination for legal or tactical advantage. Here’s how that typically plays out...
2. A suspect is arrested. The police want to interrogate him so they read him his Miranda rights (right to remain silent, right to an attorney, etc.). The suspect invokes his 5th A right to remain silent. We can in no way use that against him because...
3. if you penalize the suspect for invoking his constitution right to silence then it undercuts the very purpose of that constitutional protection. So if a defendant is on trial & a detective testifies that when he tried to interrogate the suspect he invoked his right to silence
Read 8 tweets
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Glenn Kirschner
@glennkirschner2
1. Thank you CR. “Impeaching” a witness is a legal term meaning the witness’s prior statement is used against them to prove they were telling the truth on an earlier occasion (like when they were being interviewed by the Mueller team under the penalties of perjury)....
2. When witnesses lie in court we say “the witness is spinning us.” When a witness spins, it’s actually a win-win for the prosecutor. Why? Because we then introduce the witness’s prior statement (generally in the form of a grand jury transcript) of the witness’s testimony AND...
3. We get to argue that the witness is obviously lying in court now that he is sitting across from the defendant and is trying to backtrack from his earlier statement to help the defendant get off. The same holds true for a Congressional hearing. If McGahn, Hicks or...
Read 6 tweets
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Glenn Kirschner
@glennkirschner2
1. It’s a good analogy but I fear it’s not a winning position in court. The fugitive thwarts his prosecution by fleeing. The DOJ thwarts the president’s prosecution by taking a “do not prosecute” position that is unsupported in the law. Put another way . . .
2. it’s not the president’s “fault” that he is not being prosecuted, it the DOJ/OLC’s “fault” that they are, for no good reason, failing to prosecute a criminal president. Now the issue of Trump stealing the presidency is another matter altogether...
3. If it were me, I would invoke the Constitutional doctrine of forfeiture by wrongdoing & indict Trump. That doctrine establishes that you can’t invoke a constitutional protection if you have unclean hands. Accordingly, you can’t kill a witness who is set to testify against you-
Read 6 tweets

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