Elie Honig Profile picture
10 Nov, 14 tweets, 3 min read
This is an outrageous abuse of power by William Barr, and a dangerous extension of his ongoing effort to distort truth and DOJ policy to save Trump's hide.

Thread:
1) Barr has been trying to prop up President Trump's "massive fraud" narrative for months now, utterly without success, embarrassing himself and DOJ.

Shortly after Trump started raging about mail-in ballots, Barr started echoing the rhetoric right back.
2) Barr claimed to NPR in June there are “so many occasions for fraud there that cannot be policed. I think it would be very bad.” He also raised “the possibility of counterfeiting.” When pressed on whether he had evidence to support this claim, he responded, “No, it’s obvious.”
3) In NPR’s own post-mortem of the Barr interview, one expert put it like this: “He was talking about very specific things and they were nuts.” Another NPR recap quoted election law experts who derided Barr’s theories as “preposterous” and “false.”
4) Before Congress in July, Barr raised the specter of massive fraud. He was asked, “But, in fact, you have no evidence that foreign countries can successfully sway our elections with counterfeit ballots, do you?” “No I don’t,” Barr conceded, “But I have common sense.”
5) In August, Barr told @wolfblitzer about a case "we indicted" involving "1,700 ballots." Turned, out "we" wasn't DOJ but TX state prosecutors, one of whom stated "That’s not what happened at all." Another: "We couldn’t find [fraud] except that little tiny case” of one ballot.
6) DOJ issued a public correction after Barr's misstatements, blaming a low-level staffer.
7) All of this was after President Trump formed a “Presidential Advisory Commission on Election Integrity” which eventually closed shop after making no findings of fraud whatsoever.
8) DOJ has not indicted a significant mail voting fraud case during Barr's nearly two-year tenure. DOJ's own stats don't even contain a line item for election fraud cases (but the stats do include line items for obscure categories of cases involving 3 or 4 indictments per year).
9) When Blitzer asked Barr how many voter fraud cases DOJ had indicted, Barr said “several I know of.” When Blitzer asked for specifics, Barr said, “Well, I don't know. I don't know how many we have. I know there are a number of investigations right now.”
10) So Barr followed his claim of “several” indictments -- Blitzer specified “indictments” -- by admitting that (1) he didn’t know how many and (2) he was actually talking about investigations, not actual criminal charges.
11) DOJ then violated longstanding DOJ policy when it announced an *investigation* of (purportedly) 9 Trump ballots that had been found in PA. Turned out, it wasn't 9 ballots, and there was no wrongdoing. DOJ charged nobody and issued another correction.
12) DOJ's own policy generally prohibits public comment on pending investigations (broken by Barr, repeatedly) and generally forbids involvement in election and voting cases until after the election is done and finalized (shattered by Barr, today).
13) Barr has been trying for months to conjure evidence of voter fraud. He has utterly failed, and he has lied about it, demeaning himself and DOJ. Barr's newest move is utterly lawless and dangerous. But it will fail. It won't change the election, and history will revile him.

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More from @eliehonig

6 Nov
There’s so much wrong with this. Mini-thread:

1) The Supreme Court doesn’t “step in” and do anything. They only consider actual legal disputes that go through proper procedural channels to reach them, and then only if they choose to grant certiorari (review).
2) Nor can any party simply “take a case” to the Supreme Court. Again: you need standing, a justiciable claim, proper procedure through lower federal courts or state Supreme Court and, preferably, legal support and evidence. Even then it’s up to the Court if they take the case.
3) The President has this childlike view that the Supreme Court can point at him and declare him the winner. That’s not how it works. They didn’t even do that in Bush v. Gore. They ruled on a specific procedure in a crazy-close race. Right or wrong, it was a legit legal dispute.
Read 5 tweets
23 Oct
We're 11 days out from the Election Day 2020.

11 days before the 2016 election, James Comey sent a letter to Congress about the re-opening of the Hillary Clinton email investigation. (1/4)
The nonpartisan DOJ Inspector General later found that Comey committed a "serious error of judgment" that violated "longstanding Department practice." Indeed, Comey broke DOJ's written rules and its unwritten but widely observed norms (2/4)
There’s no way to know for sure, but the analytics whizzes at @FiveThirtyEight concluded that Comey’s announcement “probably cost Clinton the election.” (3/4)

fivethirtyeight.com/features/the-c…
Read 4 tweets
2 Oct
Truly hope none of this comes to pass, but here's the legal and Constitutional machinery that could activate if necessary.

Thread:
1) Under the 25th Amendment, the President can voluntary and temporarily transfer power to the VP if the president is or will be "unable to discharge the powers and duties of his office." This has happened several times, recently when GW Bush underwent routine medical procedures.
2) The 25th Amendment also enables the VP, joined by a majority of Cabinet officers (some uncertainty about exactly who qualifies), to certify in writing to Congress that the President is "unable to discharge the powers and duties of his office." If so, VP takes over, but:
Read 8 tweets
26 Sep
Judge (soon to be Justice) Amy Coney Barrett: "His [Justice Scalia's] judicial philosophy is my philosophy."

Quick story, going to back to my law school days:
1) When I was in law school, one of my professors announced one day, "We won't have our normal class on Thursday; instead we'll meet here Saturday at 8:00 a.m. Don't ask me why because I won't tell, and don't tell your friends, but just be here."
2) We walk in Saturday morning, slightly dazed but intrigued, for this mystery weekend class. And there, in the front of the lecture hall, is Justice Antonin Scalia (this was 1997 or 98). My professor leaned liberal but had clerked for Justice Scalia a few years prior.
Read 8 tweets
26 Sep
DOJ's announcement about the Pennsylvania ballot investigation is so deeply wrong, and telling, that I'm gonna do a rare thread:
1) DOJ never publicly confirms a criminal investigation, other than in extremely rare, emergency situations. It's a written rule (in the Justice Manual) and an unwritten norm that anybody who has ever worked a day on the line knows (that would *not* include Barr, I suppose)
2) And you sure as hell never publicly announce the *details* of an investigation. Here, the "fact" that nine ballots were for Trump is entirely irrelevant to any criminal charge. (Spoiler: they got this wrong). There's only one reason to include that (non-)fact: politics.
Read 12 tweets
28 Jul
Here are some direct questions that need to be asked of Barr (thread):
Can you point to other cases during your tenure where you have recommended dismissal of a case where a defendant already had pled guilty, as you did with Flynn?
Can you point to other cases where you have publicly undermined the approved sentencing recommendation of the prosecutors who tried the case, as you did with Stone?

When you took those actions, had you seen Trump's tweets expressing sympathy for Flynn and Stone?
Read 14 tweets

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