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Neal Katyal
@neal_katyal
, 3 tweets, 1 min read Read on Twitter
Trump defense eats itself. If Biden committed crimes,why send Trump’s private campaign-ish lawyer Rudy Giuliani?

Thats official biz. DOJ would never approve, it has a multinational process with Mutual Legal Assistance Treaties etx.

Obv campaign related so sent his private atty
If this were really about crimes by Biden, DOJ prosecutors would be sent& involved. Did DOJ even know about sending Giuliani? When I was at DOJ, we would have literally freaked out and had resignations if someone said the President had sent a freelance investigator in a crim case
But I seriously doubt this was a real criminal case. It appears to be a campaign case.

Very inappropriate and very impeachable.
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More from @neal_katyal see all

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Neal Katyal
@neal_katyal
Another big question: Rep. Lasko (republican) just asked about this:
Lieu: "The reason you did not indict Donald Trump... is because of the OLC decision. Is that correct?"
Mueller: "That is correct."
Lasko says this contradicts what Mueller earlier said 1/
, that Mueller said on May 29 that he wasn't saying we would have indicted if there was no OLC opinion.
Mueller did not take back what he said to Lieu. If he doesn't take it back, will be big news: despite all his guardrails, Mueller saying he would have indicted but-for OLC op
Would mean the Democrats talking point, that if anyone else but Donald Trump acted this way they'd be in jail, is right.
Read 6 tweets
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Neal Katyal
@neal_katyal
Excellent questioning (finally) by @tedlieu. He took the individual items on p97 of the Report and showed how it all lays out a full and complete crime. This may sound complicated, with 3 elements and the like, but everyone needs to understand what just happened.
Mueller just ended by saying he didn't necessarily subscribe to what Lieu "was saying." But there is no explanation at all of how or where Lieu's analysis was questionable. And indeed the Report lays out the case, in its own words.
The basic thing page 97 outlines is obstruction of justice b/c Trump tried to get Sessions to unrecuse&end Mueller investigation of Trump. There are 3 elements:obstructive act, criminal intent+ nexus to an official proceeding. @tedlieu effectively got Mueller to say each of 3 met
Read 4 tweets
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Neal Katyal
@neal_katyal
In a new letter,DOJ is trying to dictate what Mueller can talk about, claiming anything not in public report is privileged. But as I just wrote in @nytimes, Barr himself has said--since Mueller turned in report--Mueller could say if Trump committed crimes. nytimes.com/2019/07/22/opi…
The letter isn't even signed by a high ranking DOJ official, and it certainly doesn't take back what Barr said Mueller was able to do. DOJ now appears scared and resorting to their old playbook. Given their prior gross distortions of what Mueller found, hard to give credence here
The whole tone of letter is bizarrely adversarial, not a way to treat a former FBI Director. For example, the line re DOJ doesn't generally let prosecutors "such as you" from testifying ridic-Mueller not ordinary prosecutor. For starters, he can't indict a Pres, only Cong can act
Read 3 tweets

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