Mueller, She Wrote Profile picture
Sep 29, 2020 10 tweets 2 min read Read on X
SULLIVAN: has anyone filed a motion with Contreras to withdraw the plea with him? POWELL: we've provided it to this court and we included it in the mandamus petition.
SULLIVAN: when can a court review a rule 48 a motion: the court is required to grant it. POWELL: It's in the government's sole discretion and it has to be dismissed WITH precedent to prevent continued harassment by the court and Mr. Gleeson.
SULLIVAN: Well i have not appointed Gleeson as special prosecutor, if you want to argue that you can file it in a week or so. How is the court to determine any motives? POWELL: it can look at the pleadings by the government, we're up to 150 pages of new eviccende
that the investigation was part of a central coup to take out trump and the investigation into flynn was part of that coup to take out Mr. Trump. SULLIVAN: any other arguments? POWELL: we have provided new info and it requires a dismissal.
WOW. She then quotes Alice in Wonderland with regards to Gleeson's arguments. Then she says a bunch of insane bullshit that I can't type because it makes no sense. She says the tweets are a red herring as is the letter from Strzok and shouldn't be considered at all
Something about a department of prosecution and a department of justice. This is the most egregious injustice I've seen in my 30 years. this court dismiss the case with prejudice.
Sullivan gives it to the DoJ: Gleeson makes our points for us. 1. At no point did Gleeson address Nixon or Fokker. "Executive branch has absolute discretion whether to prosecute a case" and "Leave of court authority gives NO power to district court to deny based on a disagreement
Gleeson gave no explanation or arguments to these quotes. SULLIVAN: so what you're saying is leave of court is required, and i assuem you concede we can have this hearing, but regardless I have to grant the motion?
In a case where the defendant agrees with the government, your role is very limited. As long as the AG has made an authoritative determination, you have to go with that determination. If you don't agree with that, Gleeson says you can set it aside if its based on favoritism
and Gleeson cited the president's comments and I assure you the AG didn't make this decision based on what trump said. And trump never said "you must dismiss the case". He only said it was a witch hunt. (Oh my god lol)

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More from @MuellerSheWrote

May 4
BREAKING: Merrick Garland opened an investigation into Trump as soon as he got to the DoJ in March 2021.

Actually, this news is over a month old. But I bet you haven't heard about it much in the media. 1/
According to multiple sources familiar with multiple conversations in the first months of Garland's tenure, "Garland gathered his closest aides to discuss a topic too sensitive to broach in bigger groups: the possibility that evidence from the far-ranging Jan. 6 investigation could quickly lead to former President Donald J. Trump and his inner circle." 2/
"At the time, some in the Justice Department were pushing for the chance to look at ties between pro-Trump rioters who assaulted the Capitol on Jan. 6, 2021, his allies who had camped out at the Willard Hotel, and possibly Mr. Trump himself." 3/
Read 4 tweets
Apr 25
New thread. Dreeban is up for DoJ. The existing system is a balanced framework, it protects POTUS but not at the high cost of blanket immunity.

Thomas: are you saying there's no immunity for official acts? D: yes, but for today, our position is POTUS as head of art II branch can assert art II objections to criminal laws that interfere with a POTUS power or that prevent him from his constitutional functions. What petitioner wants is blanket immunity absent impeachment and conviction which has never happened in our history and we submit that isn't necessary to assure POTUS can perform his tasks.
Roberts: The DC Circuit says "a former POTUS can be prosecuted for his official acts if he's acted in defiance of the laws". Doesn't that seem tautologically true? It sounds like the circuit court is saying a POTUS can be prosecuted because he's being prosecuted. That concerns me. D: I wouldn't suggest that's the governments position. R: You know how easy it is to get an indictment. Relying on the good faith of a prosecutor and a grand jury, and if those are the only protections the court of appeals gave, and that's no longer your position, why shouldn't we send it back to the court of appeals? (That would be bad), or issue an opinion that's not the law?

D: I do support the circuit court's ruling and I think there are layered safeguard that will emiliorate the concern of chilling the POTUS. A politically driven prosecution would violate the constitution. I don't want to overstate your honors concern with relying on good faith, but that's an ingredient, and the courts stand ready to provide oversight.

R: yes but the appeals court didn't get into what acts or what documents we're talking about. Because the fact of prosecution takes away immunity according to the appeals court, they had no need to look at what acts were immune and which weren't.

D: (this is great) Well i take issue with the idea of taking away immunity. There is no immunity in the constitution unless this court creates it today.
D: one of the chief concerns of the framers was abuse of power. They departed from the British model that you could be impeached and convicted criminally at the same time. The framers created impeachment as a political remedy separate from criminal prosecution.

Alito: you recognize the POTUS has a special form of protection, that status that are applicable to everyone, they must be applied differently to POTUS sometimes:

Dreeben: it's true b/c the courts construe statutes to avoid serious constitutional questions. that's longstanding practice of OLC

A: this is more than a quarrel about special protection. If statues are interpreted differently for former presidents than that can be litigated at trial. He can make a motion to dismiss, and he may cite OLC, and the judge says lets go to trial, and that may involve great expense, and during the trial, the former president might not be able to engage in activities he wants to, and then there's a jury and appeal, so protection is greatly diluted if it takes the form you propose. Why is that better:

D: it's better because it's more balanced. Blanket immunity takes it all off the table. IF the conduct takes place at the end of a term, and impeachment is difficult, and we don't know whether a POTUS can be impeached after he leaves office...
Read 14 tweets
Apr 25
Good morning! I'll do my best to live tweet the SCOTUS immunity arguments starting now. John Sauer, for trump, says "Without immunity, there can be no presidency." Which makes no sense because we've had plenty of presidents and no immunity 1/
He brings up some hypotheticals about drone strikes and border policy, and how every president from now on will face blackmail and prosecution. Thomas asks to clarify what the source of the immunity is. Sauer says the executive vesting clause - that it encompasses all the powers of the president. (That's wrong. The executive vesting clause actually limits the term to four years so that cuts against trump.) He then cites (and cherrypicks) Marbury v Madison 2/
Fitzgerald v Nixon "outer perimeter" gives us what the president is immune from. What if the act is appointing an ambassador, and the president took a bribe? Sauer says bribery is not an official act. (interesting, neither are other crimes). Roberts: yeah, accepting the bribe isn't the official act, appointing the ambassador is. So how do you square that? Sauer says the indictment has to be expunged of what is official and what isn't official. (lol, that's a reach) 3/
Read 22 tweets
Apr 16
THREAD: Good morning! Oral arguments are about to begin in Fischer v US. This is the case about the interpretation of Title 18 USC 1512c2 Obstructing an Official Proceeding. I'm going to do my best to live tweet the arguments. 1/
For background, over 300 insurrectionists and trump himself are charged with 1512c2. It carries a maximum 20 year sentence. Several insurrectionists challenged the meaning of this law, but only ONE judge out of 14 went along with this nonsense. 2/
The nonsense being that the word "otherwise" connects 1512c1 and 1512c2 in such a way that the "documents" mentioned in 1512c1 apply to 1512c2. Fischer argued "since I only attacked the capitol and didn't mess with documents, I shouldn't be charged with this" 3/
Read 40 tweets
Apr 16
THREAD: I’m sorry. But this filing is shady AF. This is Hankey Subprime’s filing proving that knight insurance can guarantee Trump’s bond. I’m very much looking forward to the April 22 hearing on the matter. 1/ iapps.courts.state.ny.us/nyscef/ViewDoc…
The reason it seems shady to me is that Knight Specialty Insurance Company (KSIC) only has $138M in cash, and is relying on a trump Schwab account that’s supposed to be worth just about exactly $175M 2/ Image
I’m no expert, but I think to back a bond, the guarantor has to have at least enough cash to cover it. But here, they say trump is covering it and they have access to Trump’s Schwab account 3/
Read 10 tweets
Apr 16
THREAD: I think it's brilliant that Jack Smith crafted his 1/6 indictment of trump to withstand 1) a court determining that a former president is immune for some official acts and 2) a court determining 1512(c)(2) must involve a document or documents. 1/
Smith's indictment works EVEN IF the Supreme Court decides that some presidents have immunity for some official acts because the charges are against him as a CANDIDATE for office, not as a sitting president. 2/
The indictment also works EVEN IF the Supreme Court decides that 1512(c)(2) can only be charged if the defendant tampers with or impedes a document because the fraudulent elector certificates and the certified legit elector certificates are documents. 3/
Read 5 tweets

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