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Jed Shugerman
@jedshug
, 5 tweets, 2 min read Read on Twitter
If Trump wins a second term, the statute of limitations will run out by 2024 on all of these charges so far - obstruction, campaign crimes.
The OLC opinion is wrong: no such thing as equitable tolling for crimes.
And Mueller should have known this, but put Trump above the law.
2/ Trump is now more desperate than ever to win a second term and run out the clock on these indictments.
And Mueller’s glaring legal errors (ignoring criminal coordination statute) give Trump impunity to “coordinate” to win again.
nytimes.com/2019/04/25/opi…
3/ In another legal error, Mueller just gave everyone permission to get unlimited opposition research from big donors or foreign citizens or even foreign governments. Mueller ripped a huge loophole for apparently conservative ideological reasons:
nytimes.com/2019/06/27/opi…
4/ I explain here why the OLC memo wrongly cited equitable tolling for why prosecutors can't indict a sitting president. It is unprecedented.
A sitting president must be able to be indicted to avoid presidents running out the clock to remain above the law.
slate.com/news-and-polit…
5/ Courts allow sealed indictments, then unseal after SoL has run. A helpful reader notes some courts called this "equitable tolling." I doubt that's really "tolling," but I'll be more precise:
No precedent for equitable tolling of criminal SoL when there has been no indictment.
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More from @jedshug see all

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Jed Shugerman
@jedshug
This is now the 4th Democrat to focus on Don McGahn. A waste of time.
I've been waiting until after the break to comment, because I hoped that they'd recognize that this was not working. But they took a break and came back with the same approach. Yet another missed opportunity.
A basic political optics problem with spending so much time on Trump ordering McGahn to fire Mueller:
Mueller is sitting right there. He was never actually fired.
Trump tried to fire Mueller, tried to interfere, and that's criminal.
But it isn't concrete enough, not like Nixon.
And this is the 2d or 3d time the Democrats repeated the quotation attributed to Trump when DOJ appointed Mueller: "I'm f'ed"
It is not criminal to be worried about a prosecutor being appointed to investigate you.
Sorry, that may be the most NORMAL thing Trump has ever said.
Read 5 tweets
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Jed Shugerman
@jedshug
Mueller made significant legal errors, but the right way to question and correct them is for members of Congress to hand over the microphone. It's worked before.
The Watergate & Iran Contra model: expert lawyers ask the questions. My piece in @politico:
politico.com/magazine/story…
2/ A list of the Report's errors:
#1: Campaign Coordination.
The DOJ assigned him to investigate “coordination.” His report stated “‘Coordination’ does not have a settled definition in fed criminal law. We understood coordination to require an agreement—tacit or express.”
Wrong.
3/ Congress explicitly rejected such a permissive interpretation. In 2002, Congress passed a statute declaring that campaign finance regulations “shall not require agreement or formal collaboration to establish coordination,” and any knowing and willful violations are criminal.
Read 16 tweets
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Jed Shugerman
@jedshug
Federal prosecutors won't charge flagrant Trump campaign crimes.
The good news is states can make up for Barr's cover-ups.
We ask @NewYorkStateAG @TishJames to use NY's traditional power to investigate corporate fraud & potentially dissolve Trump Org.
freespeechforpeople.org/government-wat…
2/ Here's my @nytimes op-ed on what state officials can do. Start with a civil investigation of Trump Org in NY, but state fraud indictments are the next step...
nytimes.com/2019/03/11/opi…
3/ "Legal status as a corporation endows businesses like Trump Org with great powers, and with those powers come specific responsibilities. To police these privileges, almost every state gives its attorney general the power to bring civil actions to investigate corporate fraud."
Read 3 tweets

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HuajatollaChic
@HuajatollaChic
1.) Most ppl think of rape as being sexy. They think of the fantasies.” Says Trump rape accuser E Jean Carroll to Anderson Vanderson “I think you’re fascinating to talk to.”
Rape is never about sex. Rape is about taking the power of a person
#MAGA #WWG1WGA #QAnon #Q
2.) through violence.
E Jean Carroll is an actual ADVICE columnist contributor in the Chicago Tribune, Elle,etc. She focused on THE STORE where this rape was alleged to have happened far more than on the assault; WHY?
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#MAGA #WWG1WGA #QAnon #Q
Read 10 tweets
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Elizabeth Rogers
@ahumorlessfem
*logs on to discuss the incredibly asinine appellate brief by Cheato's lawyers*

Oooh boy, this was bad. I mean it was so bad I had to wash my computer to clean the stank.
Let's get started! First off, the Constitution gives Congress super duper broad powers to do whatever the fuck they want as long as there is some kind of legislative purpose that could result from this.

Including checking if the President committed crimes.
Here's something fun. While a President can be *impeached for being convicted of a crime* it does not say that a dude who committed crimes that we all know he committed despite the statute of limitations having run out can't be Prez.
Read 31 tweets
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Sara Danner Dukic
@saradannerdukic
As we carefully consider next moves, let's not forget the following:
We were attacked.  We're still being attacked.  The method of attack: infiltration of our social media, our news sources, and the general information ecosystem.  The best way to combat this is by providing ample exposure for the truth.

justice.gov/opa/pr/russian…
Let's not repeat a failure of imagination. If you think norms won't be shattered, or insane moves won't be made, look back over the past 2+ years. This is an unprecedented moment in history and will require unprecedented actions to deal with it.
Read 26 tweets
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Paint CHiPs
@paint771
1 I like Seth, but it takes him awhile in this (good) thread to get to the point, which is this:

ANY finding of Mueller’s that does not come with a criminal charge will in practice be viewed by most everybody as an exoneration on that charge. This especially includes Congress.
2 As Seth explains, this is bad and dumb, but that doesn’t mean it’s not true. And it won’t just be Repubs saying this—a large, dominant swath of the media and even the Democratic opposition will hold the same assumption. Anything below “beyond a reasonable doubt” he’ll skate on.
3 We made a strategic categorical error from the very beginning by putting this in the language of a criminal charge and not a fit for office standard. And we’ve reinforced that error daily ever since his inauguration.

What everyone is looking for is undeniable proof of a crime.
Read 12 tweets
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DCPetterson
@dcpetterson
Should the House vote Articles of Impeachment?

Let's agree:
1) Trump is a felon
2) He committed treason
3) His crimes are impeachable
4) If he wasn't president, he would be indicted

Q: What should Democrats do?
A: It's not as simple as it seems.

1/25
If you say,, "I will vote for anyone who will primary Democrats who don't vote for impeachment NOW!" just stop reading and block me.

The rest of you, hear me out. This isn't a simple question, and a misstep would be fatal--not only for Democrats, but for democracy.

2/25
Here's the nightmare:

The House enacts Articles of Impeachment. GOP Senators don't convict because of course they wouldn't, GOPers portray this as exoneration--Trump is innocent and Democrats are blind partisans. Trump wins a second term and fascists retake the House.

3/25
Read 25 tweets
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Paul Schmehl
@PaulSchmehl
I see part of my role on Twitter as disabusing people of silly notions. Here’s one. I’ve seen numerous people worried that the statute of limitations will run out before people are prosecuted for their crimes. In general, the statute of limitations, at the federal level, is 5 yrs
“Section 3282 of Title 18, United States Code, is the statute of general application. It states that, "(e)xcept as otherwise expressly provided by law," a prosecution for a non-capital offense shall be instituted within five years after the offense was committed.”
justice.gov/usam/criminal-…
However, there is no statute of limitation on capitol crimes. Furthermore, under the law, the expiration date can be extended by following the proper procedures. fas.org/sgp/crs/misc/R…
Read 9 tweets

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