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2 Dec, 4 tweets, 1 min read
Interesting. I think it's at least potentially morally wrong. It might be a political question since one side might see it a silencing a witness while the other stopping a witch hunt. I think part of the pardon power is to end political vendettas... 1/4
For example, Russiagate is manifestly baloney. I think Trump is not only empowered to but should pardon everyone sucked into it. Is that "buying off witnesses?" Some will say so. But I think he has the power to. The remedy if it is wrong? Don't vote for him in 2024. 2/4
Related is the huge problem of proving intent. Should each pardon be litigated so that after the fact a hostile DOJ can decide the president's motivation was unsatisfactory? A bribe is easy - money changing hands is objective. Intent is not, and... 3/4
creating an intent element that does not appear in the Constitution regarding the pardon power is manifestly ripe for abuse to the extent it could squelch the pardon power in any political case, where I think it is most vital to have it. 4/4

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More from @KurtSchlichter

Kurt Schlichter Profile picture
25 Oct
First, there was my action-packed, liberal-tormenting Amazon bestselling conservative thriller about America split into red and blue nation and smartass, Wilson Combat .45-packing hero Kelly Turnbull breaking a lot of stuff...

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Then I annoyed the libs even harder with the next novel, a story of oppressive liberal fascism and patriotic resistance by armed citizens...Bill Kristol called it “Appalling”...

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Read 5 tweets
Kurt Schlichter Profile picture
20 Oct
So @dandrezner do I really have to explain to you what evidence is?

Evidence is anything that proves or tends to prove a matter at issue. Whether it is reliable is a completely different question that does not reflect on the fact that it is evidence.

I’m glad I could help. 1/
If your contention is the evidence is not reliable, then you should say that.

But there is evidence that the emails are genuine. Whether you believe it or not is a material to the point you made.

2/
To pretend that there is no evidence is simply to mislead gullible people who blindly follow your tweets.

From the facts I know, a foundation could be laid so that the laptop could almost certainly be admitted in trial against Hunter Biden under the rules of evidence.

3/
Read 4 tweets
Kurt Schlichter Profile picture
1 Oct
The dismissal is not just a moral victory (exoneration) but a practical one - without a dismissal, Flynn can't sue anyone (USG, Cov + Burl) because his case did not favorably terminate. A pardon would not be a favorable termination. @shipwreckedcrew @McAdooGordon

1/
JS can dismiss w/o prejudice. Seem like that's the "clever" play. What then?

If Trump wins, the DoJ appeals (or is it a writ? Probably not.) and it is eventually ordered dismissed with prejudice by SCOTUS, and JS is humiliated.

2/
If Biden wins, the calculus changes. Flynn has a dismissal in hand (w/ or w/o prejudice does not matter as to favorable termination) so Trump could pardon him for the BS crime (and FARA, and his son too) even though they are not charged (E.g., Carter pardoned draft dodgers). 3/
Read 4 tweets
Kurt Schlichter Profile picture
18 Aug
It is not unfair to ask @MattWalshBlog what he means when he demands Trump do something about the chaos in Portland. I don't mean the general "DO SOMETHING!" frustrated folks shout. I mean specifics. 1/
This being something I have done personally, planned and written about in a law review article, I have to insist on specifics. The first question is the force package. What force do you propose? 2/
Call in the 82nd Airborne? Federalize the 41st IBCT from the Oregon Army Guard? That means an Insurrection Act declaration to get around Posse Comitatus. Or send federal cops? How many? What are their ROE? 3/
Read 9 tweets
Kurt Schlichter Profile picture
15 Aug
So @profkeithdevlin’s position appears to be that you are obligated to do what the scientists that Keith agrees with say at any given time, even if that clashes with what they said before and put aside any kind of accountability and rely on blind trust. /1
That is definitely not my position. I have a different kind of expertise. I am a trial lawyer and every day I see people attempting to convince other people to do what they want. Here, we have scientists with absolutely no humility won’t even admit they were previously wrong. 2/
People who are not straight with you cannot be trusted. That’s a principle of adjudication that goes back centuries. The scientists Keith wants us to listen to today have not explained why they were wrong and why now we should trust them despite them changing their story. 3/
Read 5 tweets
Kurt Schlichter Profile picture
12 Jul
Since I actually served, unlike you, and oversaw personnel for nearly 15,00” troops, you should defer to my analysis of Trump’s selective service records. His were totally in conformance with the law. And he was never drafted. 1/
And of course, Joe Biden also set out the Vietnam war because of a medical deferment.

There is also the matter of Trump never actually having been drafted.

So, as a civilian who never served himself, perhaps you should shut the hell up and listen to those of who did. 2/
Trump was falsely accused by liars.

JFK, on the other hand, screwed everything in sight when he could manage to make it work. He was a drug addict and a degenerate whose family lobotomized his sister because she was embarrassing. 3/
Read 4 tweets

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