THREAD: What is wrong with Barr's meetings with foreign officials, seeking their help in discrediting the Mueller investigation? (Hint: It's not the same thing as the Ukraine scandal.)
1/ Today @washingtonpost reported that Barr has personally traveled overseas to meet with foreign officials and ask them to help their investigation to "investigate the investigators" and discredit the origins of the Mueller investigation. washingtonpost.com/national-secur…
@washingtonpost@nytimes 3/ The issue here is distinct from the Ukraine scandal in very important respects. In the case of Trump's pressuring of the Ukrainian president, there was *no* lawful investigation of Biden and/or his son by DOJ/FBI. He pressured the Ukraine *instead* of doing that.
@washingtonpost@nytimes 4/ The Ukraine matter also involved the investigation of Trump's potential opponent in the 2020 election. So the Ukraine scandal is much different and should not be lumped together with today's news.
That *doesn't* mean everything we learned of today is a good thing.
@washingtonpost@nytimes 5/ It should trouble all of us that the Attorney General is flying overseas and spending his time focused on discrediting the origins of the Mueller probe instead of combating crime here in the U.S.
His personal involvement reinforces the view that he does Trump's bidding.
@washingtonpost@nytimes 6/ It also suggests that, on this matter, the attention of the DOJ and its leadership is focused on an investigation that will benefit Trump politically.
Politics should *not* play a role in DOJ investigations, and the President shouldn't use it as a tool to investigate enemies.
@washingtonpost@nytimes 7/ The pressure Trump put on the Australian president is even more problematic because it suggests that the President of the United States is using our foreign policy to advance a political agenda rather than pursuing policies that benefit all Americans.
@washingtonpost@nytimes 8/ So that should be troubling, and it certainly shows a pattern of behavior that he is using his power as president to help himself politically.
But it is very distinct from what happened in the Ukraine scandal. There Trump pressured a foreign power to investigate his opponent.
@washingtonpost@nytimes 9/ He did that *instead* of asking U.S. authorities to investigate, presumably because it appears that there was no credible basis to open an investigation. That is an example of Trump using his power as president to do something that only helped him personally.
@washingtonpost@nytimes 10/ This distinction matters legally, and it is important to keep the Ukraine matter distinct from what has been revealed today. There is no defense to what Trump did towards the Ukrainian President. He may try to use today's scandals to muddy the waters. /end
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THREAD: What are the key issues in the criminal trial of Donald Trump.
1/ Trump has been charged with Falsifying Business Records, *not* with making the hush money payments themselves.
That’s why the defense is going to focus on whether Trump knew about the false statements in business records.
2/ Prosecutors will try to prove his knowledge in two ways.
First, they’re introducing documents and testimony proving that Trump signed checks to pay Michael Cohen, and arguing that Trump knew that these checks were falsely suggesting Cohen was paid for legal services.
1/ Donald Trump’s testimony today is not moving forward a purely legal strategy.
His legal team’s strategy was always defensive and focused on limiting liability elsewhere, which is why he took the Fifth hundreds of times in his deposition.
2/ You don’t frequently take the Fifth in a civil case if you plan to win.
Trump’s team likely saw the need to essentially concede defeat here and mitigate collateral damage coming from a loss.
But Trump’s ego has forced a change in strategy. But it’s not a *legal* strategy.
3/ You don’t attack the judge constantly if you want to win the trial.
The primary focus today is about PR/spin/politics. Trump wants to convince his followers that the trial is rigged and that he’s a victim, not a fraudster.
THREAD: Why did the Hunter Biden plea deal fall apart?
1/ Earlier today, during a hearing when Hunter Biden was expected to plead guilty, the plea deal was scuttled after the judge asked whether he would be immune from prosecution for other possible crimes as a result of the deal. nytimes.com/live/2023/07/2…
2/ After prosecutors said that it would not do so, Hunter Biden’s lawyers said that the deal was off.
Why did they do that?
To borrow the name of my podcast with @AshaRangappa_, it’s complicated.
1/ The Michigan AG’s charges against fake electors are more important than you might realize.
Our electoral system is run at the state level, and as we saw in the last election, there is room for bad actors to get to subvert the process.
These charges will be a real deterrent.
2/ Remember that the “fake electors” aren’t billionaires. They’re not raising money off of these criminal charges. These charges won’t lead to fortune or fame.
They’re GOP party operatives who will be devastated by an indictment like a typical person is.
3/ Getting indicted isn’t fun. It is a stressful, costly, and humiliating experience.
Just like the charges of individual January 6th insurrectionists, these charges may deter foot soldiers who would consider joining an effort to overturn the *next* election.
THREAD: What should we make of today's Ripple #XRP decision?
1/ Earlier this afternoon, federal judge Analisa Torres issued a long-awaited decision in SEC v. Ripple, a case brought by the Securities and Exchange Commission against Ripple Labs, a company that issues a token called #XRP.
Why should you care about this decision?
2/ Right now, the U.S. has no established regulatory framework for crypto. Other countries, like the UK, are working to create new, comprehensive regulatory regimes.
In the U.S., Congress hasn't done that, so the courts have to sort this out using existing law.
THREAD: What should we make of the meeting between Trump’s legal team and federal prosecutors?
1/ Today CBS News and other outlets reported that Trump’s legal team met with DOJ prosecutors regarding the Mar-a-Lago case, which is close to a potential indictment.
Notably the meeting did not involve the Attorney General or Deputy AG, but involved others at DOJ.
2/ This sort of meeting shortly before indictment (often called a “pitch meeting”) is commonplace.
In the office I worked at, the U.S. Attorney’s Office in Chicago, *every* defense counsel in every case was afforded the opportunity to “pitch” as a matter of policy.