Daily we ask ourselves these questions: can Barr be charged for ordering attacks on protestors; can Trump be charged for his reckless/incompetent/intentional mishandling of the COVID crisis resulting in needless/preventable deaths; can Trump administration officials be charged
with crimes for putting kids in cages? As a result of Trump’s unchecked crimes and abuses there are hundreds of other “can they be charged” questions. There is only one fair and accurate way to answer these questions (even if the answer is, at this moment in time, unsatisfying).
The answer is this: if, after a full, fair, nonpartisan criminal investigation there is enough evedince to support criminal charges then the answer is “yes.” The way we handle these criminal investigations beginning in January will go a long way to restoring
an allegiance to the rule of law and the people’s confidence in our institutions. Interestingly, I think the way the McCabe investigation - resulting in NO criminal charges being brought (which undoubtedly angered Donald Trump) - is an important example illustrating this point.
I’ll be posting a video later today on my YouTube channel trying to tackle, from a career prosecutor’s perspective, the “can they be charged for . . .” questions. #TeamJustice #TrumpCrimesCommission #JusticeIsComing

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More from @glennkirschner2

Nov 4, 2021
As expected, Judge Tanya Chutkan took Trump's lawyers to task in today's hearing regarding Trump's lawsuit trying to stop the release of documents that will very likely incriminate him. As I suspected (and included as the opening of yesterday's #JusticeMatters video) . . .
Judge Chutkan asked Justin Clark (Trump's lawyer) his authority for putting in his brief the "startling claim" that the FBI had cleared Trump of wrongdoing in connection with the Jan. 6 attack. Clark admitted that he took that from a Reuter's news article. I didn't need to see...
all of Judge Chutkan's face (we were all masked in the courtroom) to gage her reaction, because I heard her scoff at the idea that they would make such a bold assertion based on anonymous source reporting in a Reuter's article. Now, on the the substance of the hearing . . .
Read 11 tweets
Nov 4, 2021
Court update in the Trump-executive-privilege litigation: some technical difficulties with the court reporter not being able to hear so we’re on a break. I’m one of just a few folks in the audience given that it’s being live streamed. . . .
I was last in a courtroom with Tanya Chutkan (now Judge Chutkan) decades ago when she was a public defender and we were trying murder cases against one another. She is a strong, smart, fearless attorney and I very much look forward to her decision in this important litigation…
I’m confident she’ll get it right. The hearing started on a light-hearted note when House of Representative Douglas Letter said he’s in a government conference room (the parties are visible on screens in the courtroom via Zoom) and for energy-saving reasons, the lights cut off…
Read 4 tweets
Jul 30, 2021
The committee can investigate things that are beyond the scope of DOJ investigations (like communication failures throughout government) & can legislate where appropriate. But simply exposing to public view what happened on 1/6 can lead to accountability. One of the benefits …
of these public hearings is that We The People will get to see witnesses testify about who funded, who organized and who incited the insurrection (though we’ve already seen how Trump, Don Jr., Rudy and Mo expressly incited the violence). The DOJ grand jury investigation …
is secret, shielded from public view. So even though the prosecutors at the DC US Attorney’s Office undoubtedly are investigating the funders, organizers and inciters, we won’t get to see any of it until it’s revealed during public trials. But with the …
Read 4 tweets
May 21, 2021
Can I share a quick story about my wife @NilooAdili:
As we’re sitting at the gate waiting to board our flight to Mexico, an airline employee announces that everyone needs “a QR code” to board the plane. Apparently this has something to do with a health survey required ...
by the Mexican government to enter the country. Many people (myself included) have no idea what this is. My wife, being an extremely detail-oriented career immigration attorney has already taken care of this for us. But other travelers begin to struggle to figure out what ...
they need to do. Confusion ensues. My wife leaps into action. She sees folks on their phones struggling to navigate the website and fill in the necessary information. She becomes a free-range, volunteer, customer service representative, moving from person to person ...
Read 5 tweets
Mar 14, 2021
Hey #TeamJustice,
Hope you don’t mind if I share a personal story and rememberance. We buried an extraordinary man last Saturday: retired MPD Homicide Detective Lorren Leadmon. Lorren taught me so much about how to investigate AND prosecute murder cases in Washington, DC. ...
Indeed, he taught several generations of Assistant US Attorneys how to do the job . . . and many of them didn’t even realize they were being schooled.
Two quick stories: I was prosecuting a murder case in the 1990s and we were litigating a motion to suppress evidence. ...
The Judge was a strong, smart, fair, no-nonsense judge who I liked, respected and admired. Many years earlier, she had been a prosecutor in my office - the US Attorney’s Office for the District of Columbia - and had worked cases with Lorren. ...
Read 16 tweets
Feb 8, 2021
We really need to STOP calling what will kick off tomorrow an impeachment “trial.” It’s NOT a trial, & that term misleads & creates false expectations. One of the bedrock principles in an actual trial is that the jurors can have NO personal stake in the outcome or involvement ...
in the offense that is the subject of the trial. The senators are disqualified on both fronts - they ALL have a personal/political interest in the outcome of the case AND they were all personally involved in the matter being tried ...
The Senators are themselves victims of the insurrection, witnesses to the insurrection and/or, in some cases, potentially aiders and abettors to the insurrection. They could never in a million years serve as jurors in anything that could be called a “trial” as they are
Read 4 tweets

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