Profile picture
Glenn Kirschner
@glennkirschner2
, 3 tweets, 1 min read Read on Twitter
1. You’re not wrong. Take impeachment, for example: the constitution says that impeaching someone is not a bar to subsequent prosecution. It’s clear the framers we’re assessing the interplay between impeachment and prosecution of a president. So, with the topic of . . .
2. prosecution on their minds, if they had wanted to declare a “president can’t be prosecuted while in office” they would have said so! It would’ve been easy: “a president can not be indicted, tried or punished while in office” or “a president is above the law while in office” or
3. “Listen up, hands off a criminal president because we want him to be king-like.” I’m gonna go out on a limb & say that’s propably not what the framers were shooting for. For the sake of the vitality of our republic, it’s time to put a stake through the heart of the OLC memo.
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Glenn Kirschner
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

More from @glennkirschner2 see all

Profile picture
Glenn Kirschner
@glennkirschner2
8. through his own wrongdoing he forfeits all constitutional protections. Accordingly, even the OLC memo should offer him no protection against prosecution. Of course, his protector Bill Barr continues to offer this criminal president absolute protection against prosecution. . .
9. regardless of his numerous crimes. If a president can not be prosecuted for committing crimes to steal the presidency, any notion of election integrity is a thing of the past. The horrific OLC opinion encourages candidates to commit crimes to steal the presidency then . . .
10. rewards them for doing so by granting them absolute immunity from prosecution. This travesty of a legal opinion, like Trump’s presidency itself, must end.
Read 3 tweets
Profile picture
Glenn Kirschner
@glennkirschner2
1. Can I please add one more argument against the rationale of the DOJ/OLC memo opinion that we can’t indict a criminal president? It’s the constitutional doctrine of “forfeiture by wrongdoing” & it’s not that complicated. We all enjoy a multitude of constitutional rights . . .
2. Including a 6th Amendment right to confront/cross-examine the witnesses against you at a criminal trial. But guess what? If you do something that prevents the witness from appearing and testifying at your trial (i.e., threaten, kidnap, kill), then the law deems . . .
3. that you forfeit or waive your constitutional right to confront the witness. Put another way, as a result of your wrongdoing you can no longer invoke the protections of the constitution. Pretty basic, right? Now, let’s turn to the president. The DOJ/OLC bureaucrats interpret-
Read 8 tweets
Profile picture
Glenn Kirschner
@glennkirschner2
1. Perhaps I’m not. I, together with some great colleagues, brought the first murder case in DC based on an “urban warfare” theory of homicide liability, for which there was no existing legal precedent. There is now, courtesy of the DCCA approving the novel approach on appeal.
2. Same holds true for the city’s first trial in absentia where a defendant starved himself into physical incapacitation in an attempt to avoid trial. I tried him via a video feed in his hospital bed at the United Medical Center. Point is, sometimes you have to do what’s hard &
3. what’s risky in an attempt to protect the public & achieve justice, even if it will inspire court battles & even if there’s a significant risk of failure. There’s no shame in failure. But there’s nothing but shame in shrinking from a public safety challenge for fear of failure
Read 4 tweets

Related threads

Profile picture
Adam A. Fernandez
@AdamaEsq
A short thread on #impeachment.

I have pre-existing conditions—I fear my life & that of my friends being taken away.
I have close friends with DACA—I fear their right to be here being taken away.
I'm a Latino parent—I fear my child will be discriminated against worse than I was
I'm the survivor of an in-person death threat against me & my family, from a MAGA extremist who hated me just for who I am—I fear him or another carrying out those threats.

I'm an attorney—I fear the erosion of the rule of law.
I'm a patriot—I fear Russian interference in the 2020 election.

I'm a voting rights advocate—I fear a system is currently being created that will lead to permanent minority rule, & that that minority will use political power to permanently restricts the rights of the majority.
Read 20 tweets
Profile picture
Lindsey Boylan
@LindseyBoylan
THREAD — #IMPEACHMENT 101

OK, let's cut through the noise on impeachment.

First, let's state the obvious:

Donald Trump's entire presidency is an impeachable offense, an affront to basic human values, an insult to common sense and common decency, a threat to the rule of law.
#IMPEACHMENT 101

The #MuellerReport found multiple instances where Trump obstructed—or attempted to obstruct—justice.

He has violated the emoluments clause of the Constitution by using the office to enrich himself and his family.

He coddles dictators while alienating allies.
#IMPEACHMENT 101

Trump has repeatedly undermined the First Amendment (which he's sworn to defend) by inciting violence against the free press and calling them "enemies of the people."

His party has launched an unconstitutional assault on women’s reproductive rights and health.
Read 15 tweets
Profile picture
Doc Rock ❌
@chbstone2
The professional politicians have done an excellent job of splitting up the issues to keep the citizens fighting with each other so we don’t focus on the fact that they are the problem, not us.
The professional wrestling promoters know that good fighting evil and prompting the audience to be involved in the action will keep people engaged. Our career politicians know it, too.

Without a crisis to engage the public, the career politician is less significant.

#TermLimits
#ManufacturedCrisis are common in politics - They provide another more sinister advantage to the professional politician: misdirection and sleight of hand.

Both sides do it

They do it because there are no #TermLimits

#WeThePeople can put an end to it

#COS

#ArticleV
Read 85 tweets
Profile picture
Oeishik M.G. C. JD
@TributeProjects
A note on #impeachment -

In a court of law, under non-presidential circumstances, impeachment is a tool litigation attorneys use to discredit the opposing side's witnesses at trial. When said witness takes the stand under oath attys. present evidence contrary to what the witness
claims. This weakens the other side's case by discrediting impeached witnesses's testimony. Once a witness has been impeached - by presentment of inconsistent testimony - the judge/jury can no longer use the impeached witnesses's testimony in reaching a verdict.
Simply put, they aren't trustworthy. In the case of Presidential impeachment that broad definition of impeachment applies, but the impeachment tool is used for a very different purpose. Under the Constitution, a sitting President cannot be tried in a court of law for anything.
Read 25 tweets
Profile picture
Peter Daou
@peterdaou
#IMPEACHMENT IS **NOT** JUST ABOUT #MUELLER

Donald Trump has violated his oath to "preserve, protect and defend the Constitution of the United States."

He has done so by repeatedly attacking the free press as "enemies of the people," a direct subversion of the First Amendment.
The sycophants cowards, and right-wing extremists of the GOP will never have the courage or principle to follow in #JustinAmash's footsteps. And sad to say, the Democratic Party leadership is still dithering, refusing to do their constitutional duty.
So has anything changed today or is #impeachment still on hold? And if so, WHY?
Read 3 tweets
Profile picture
Joseph Britt
@Zathras3
Vigorous #impeachment discussion yesterday between polls and elections expert @NateSilver538 (con) and former Harry Reid person @AJentleson (pro). The subject is worth a thread.
2. As with most issues before Congress, substance and politics are closely related but distinguishable. As to substance, the argument -- persuasive to me -- is that obstruction of justice, contacts with Russians seeking to influence a US election, corruption and the rest...
3...will do mortal damage to American democracy if tolerated. Not proceeding toward impeachment proceedings means tolerating all of these things, though it is possible to deceive oneself on that point. The political argument @NateSilver538 makes is about American voters.
Read 27 tweets

Trending hashtags

#Mueller #TrumpRussia #impeaching #Constitution #MikeCrapo #RichardBurr #MuellerHearing #Impeachment #OrrinHatch #MitchMcConnell #Resistance #JimInhofe #AbuseOfPower #impeachment #SendHerBack #impeach #LindseyGraham #Love #MuellerReport #fakebillionaire #oathofoffice #mccabe #Pelosi #ConventionOfStates #TermLimitRevolution
Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!