1. You said the President has been "really statesmanlike" on Coronavirus. Should AGs make sycophantic political statements? Is it "statesmanlike" to attack the media and joke about experience with "models"? Do you still think this after the bleach injection thing?
2. You've threatened to bring lawsuits against states that don't open up quickly enough, calling some restrictions "draconian." Where do you get expertise, or jurisdiction, to second-guess state and local officials and make these calls in their place?
3. You overrode your own prosecutors on the Roger Stone and Michael Flynn cases. Of the tens of thousands of cases the Department has handled during your tenure, in how many others where defendants have been duly convicted have you intervened and undermined your own people?
4. You filed a brief in federal court arguing against the ability of a state prosecutor to investigate the President while he is in office. Do you believe this is correct - that the president cannot even be investigated while in office?
5. You wrote before taking office that Mueller's theory was "asinine" and "fatally flawed." Wasn't this a conflict of interest?
6. Both Mueller and a GOP-appointed federal judge have noted that you publicly distorted Mueller's report. Are they both wrong?
7. You tried to stop the whistleblower's complaint from going to Congress, even though the law required it ("shall" be transmitted). Why?
8. You refused to even open an investigation on Ukraine. Have you read the statutes on bribery, extortion and foreign election interference?
9. You called the Russia investigation "one of the great travesties in American history" meant to "sabotage" Trump. Do you know this has been rejected by your own IG? And you know you're not allowed to comment like this on a pending case, per your own Justice Manual (right?)
10. How did your $30,000 holiday party at Trump's hotel go? Did you see anything wrong with this, given that your staff can't sell girl scout cookies on site because it might look shady?
11. How many cases have you ever tried as prosecutor? (Trick question; it's zero)
Thanks.
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Just discussed the Fulton County grand juror’s publicity tour with @andersoncooper.
1) It is entirely clear the grand jury has recommended a Trump indictment; and
2) The grand juror is doing no favors to prosecutors with this giddy PR romp.
It’s a bad idea generally for a grand juror to speak publicly. The specific legal line in GA is whether the grand juror discloses “deliberations.” That’s debatable. She doesn’t discuss vote counts. But she does discuss specific witnesses and the grand jury’s findings as to them.
If and when there is an indictment, this will become a motion to dismiss, mark my words. It may not succeed - it’s a high bar legally - but she is causing a needless headache for prosecutors, at a minimum.
Some folks have asked if I read my own audiobook for #Untouchable.
I do. While I’m not a professional voiceover guy, I think it’s more authentic. (As does @MarkHamill, who sent a wonderful tweet last time encouraging me to read my own book; I’ll take that advice any day.)
Also I tell lots of first-person stories from my time as a prosecutor. They wouldn’t sound right coming from somebody else.
I write with a certain voice (stylistically, that is), so might as well accompany it with my actual voice. As my audiobook producer said when we were done recording: “Well, YOU definitely wrote this book.”
I’ve got stories from my time as a prosecutor, analysis of major recent cases, historical dives and revelations, and first-time scoops from inside the Justice Department and the SDNY, including this one:
It took genuine courage for Cassidy Hutchinson to break free of her original lawyer, who was selected and paid for by Trump-affiliated entities and who, she testified, tried to prevent her from cooperating fully against Trump. (Thread)
2. The original lawyer told her, “We just want you to focus on protecting the president” and to say she “did not recall” events that she actually did recall. As I’ve said on air, this crosses the line from a murky gray area into obstruction, if established by the evidence.
3. It eventually became clear to Hutchinson that the lawyer did not represent her personal interests first and foremost, as any lawyer is bound to do. The lawyer also became an obstacle against Hutchinson coming fully clean and cooperating fully and truthfully.
Of course, Trump’s announcement has no legal bearing and doesn’t formally insulate him from anything.
But DOJ and the Fulton County DA have now been beaten to the punch by Trump’s announcement, and those prosecutors have made their own jobs more difficult by their delay. (1/8)
Prosecutors - DOJ and locals alike - have dragged their feet and played paddy-cake for nearly two years now, on both January 6 and Mar-A-Lago (the search was just in August, but DOJ has known about the missing docs for far longer). (2/8)
Now, if Trump gets indicted - and that could well happen - it becomes substantially more difficult to actually convict him. (And an indictment without a conviction would be a prosecutorial disaster). (3/8)