I'm not sure if you're noticing, but there's been a recent shift in the anti-anti-Trump defense of Trump's deranged behavior from "these lawsuits might have merit" to "hahahaha this is revenge for the 'Russia hoax' and impeachment." This is absurd, for many reasons. /1
Trump's defenders constantly want to memory-hole his campaign's misconduct, but there were real reasons to investigate his campaign. His son, campaign chair, and son-in-law met with a Russian lawyer in the attempt to get dirt on Hillary Clinton. /2
Trump's campaign chair, Paul Manafort, was in active, clandestine communication with a Russian agent and provided the agent with internal campaign information. The campaign attempted to use Roger Stone to set up a back-channel communication with Wikileaks, a Russian asset. /3
Senate intel assessed that Trump spoke with Stone and members of his campaign about those contacts -- even as Trump told the special counsel that he did not recall discussing Wikileaks with Stone. /4
Also, the Trump organization was in talks during the campaign about forging business relationships in Russia, and Trump's lawyer lied to Congress about those contacts. Moreover, the campaign's key foreign policy adviser was an unregistered foreign agent for Turkey. /5
On the impeachment front, the evidence is overwhelming (including from the "perfect" transcript) that Trump attempted to condition vital foreign aid on a desperate ally's pledge to investigate a political opponent AND an absurd Crowdstrike conspiracy theory. /6
None of these events justify the Steele Dossier, FISA abuses, or wild speculations about voting machines being hacked, but the Trump team's conduct was improper and it should have been subject to intense investigation and bipartisan condemnation. /7
In the months and years after Trump leaves office, there will be an intense effort on the right to whitewash his corruption, and rationalizing or minimizing the events above will be part of that effort. It should not succeed. /8
By contrast, the current Trump legal effort to overturn the election is built on nothing at all of any consequence. Its lawsuits are frivolous. Its conspiracy theories are nonsense. And even as "revenge" they're nonsensical. /9
Delaying the transition doesn't teach liberal media a lesson, but it may harm national security. Filing clownish lawsuits doesn't stop Biden, but it does discredit the attorneys and their media apologists and bilk sad and angry Trump supporters out of money. /10
Revenge? No. It's a sad and pathetic temper tantrum that hurts no one more than the Trump and his enablers. They're driving their legal clown car into their own political crowd. /end

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More from @DavidAFrench

13 Oct
So my former colleagues at @AllianceDefends are under fire. A few things:

First, ADF is so "hateful" that it recently joined with the ACLU and NAACP to press for the single-most important civil rights legal reform of our time -- ending qualified immunity. naacpldf.org/wp-content/upl…
Second, it's extraordinarily successful free speech/religious freedom litigation (including a glittering record at SCOTUS) has resulted in concrete civil liberties gains for ALL people, not just Christian believers. My cases at ADF expanded liberty, for example.
Third, at Blackstone and throughout all of ADF's programs (including litigation) there has long been an emphasis on doing the right thing, the right way -- with integrity, civility, and decency.
Read 7 tweets
10 Oct
This is an excellent development, and the opinion is exactly right. Capitol Hill Baptist's plan -- outdoor services, socially-distanced and masked -- was extremely responsible based on everything we now know about the virus. Yet DC said no, while it said yes to mass protests. /1
The key line from the opinion is below. In plain English it means that it's time for courts to stop simply deferring to the judgment of local officials and start applying standard levels of scrutiny to state actions during a pandemic: /2
That doesn't mean that all pandemic measures should be struck down. It means that the time of simple judicial acceptance is over. Mask mandates pass legal review easily. But placing more restrictions on outdoor worship services than outdoor protests or outdoor dining? Nope. /3
Read 5 tweets
23 Sep
How can the Breonna Taylor grand jury reach its result? Because the officers who directly returned fire were operating under a series of SCOTUS precedents that made clashes between armed homeowners 1) lawful; 2) inevitable; and 3) unjust (short thread): frenchpress.thedispatch.com/p/supreme-cour…
SCOTUS has given police wide latitude to violently enter homes. Castle doctrine gives homeowners wide latitude to defend themselves. Thus, you can have a terrible, violent clash that EMPOWERED by the law, and you will end up with lawful tragedy. /2
There's a difference between officers serving a lawful (though unjustly granted) warrant returning aimed fire and the officer who wantonly fired outside the apartment. The grand jury decision properly reflects that distinction. /3
Read 4 tweets
19 Aug
In my newsletter (🔒) I look at the impact of the Senate Intelligence report on two Russia hoaxes. Yep, two. The first is represented by the extravagant claims of the Steele Dossier. It still doesn't hold up. It never did. But what's the second hoax? /1 frenchpress.thedispatch.com/p/the-senate-i…
This one comes from the right, and it's the persistent minimization (especially on this website) of Trump campaign misconduct and the argument that the "real" story is that the campaign was the victim of a deep state smear job and government abuse of power. Wrong. /2 Image
Yes, the Mueller Report should have decisively debunked the "move along" defense of the campaign, but the right waved it off as a partisan witch hunt. But what about the bipartisan Senate conclusions? The Manafort/Kilminick disclosures alone are extraordinary. /3 Image
Read 5 tweets
14 Aug
In the latest newsletter (🔒), I dive into the newly-released, more-complete George Floyd body cam footage and argue that the depraved indifference to his life makes conviction more likely. Also, l examine whether a person has the "liberty" not to mask: /1 frenchpress.thedispatch.com/p/new-george-f…
On masking, a President wouldn't have the generalized police power to order universal masking, but he can get (mostly) there in other ways. And if governors order masking, do citizens have the liberty to refuse? Nope: /2 Image
Moreover, if I don't have the liberty to disrobe at Target (after all, some folks argue that nudity is a form of "expression"), then I don't have the liberty to drop my mask: /3 Image
Read 5 tweets
7 Aug
In today's newsletter, I did a deep dive into the web of court cases that created the conditions for Breonna Taylor's death and make future deaths like hers inevitable. The newsletter is (🔒) but here are the key points. /1 frenchpress.thedispatch.com/p/supreme-cour…
First, there are the SCOTUS no-knock cases (hat tip @radleybalko for his excellent analyses of these issues) that collectively both empower no-knock raids and remove exclusionary rule penalties for their misuse: /2
Next come the SCOTUS and circuit cases that often immunize officers even from CIVIL liability when officers shoot and kill citizens in their own homes when citizens do nothing wrong and sometimes even when officers are at the wrong house: /3
Read 6 tweets

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