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4 Dec, 4 tweets, 3 min read
Harsh sentencing memo from Durham asks for prison time for former FBI lawyer Kevin Clinesmith (who pleaded guilty to altering an email).

Asserts his political or personal bias may have played a role (though admits "impossible to know with certainty")

courtlistener.com/recap/gov.usco… ImageImage
Conservatives had hoped that Clinesmith would "flip" and reveal misconduct from others. No sign he did so in this sentencing memo. Says he spoke about his other FISA applications but does not mention providing any useful information that should mitigate sentence Image
Strong case from @emptywheel that Durham's speculation that political bias might have played a role in Clinesmith's offense is inappropriate. He admits he can't prove it, just asserts it's "plausible"

emptywheel.net/2020/12/04/the…

I generally agree with these points as well. Don't falsify documents! Image

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More from @awprokop

Andrew Prokop Profile picture
1 Dec
Some short last names redacted here in the court document describing a "bribery-for-pardon" scheme involving an attorney dcd.uscourts.gov/sites/dcd/file…
The bribery-for-pardon scheme appears to be about someone who's already in Bureau of Prisons custody
This part says the clemency request involved “past substantial campaign contributions” and “anticipated future substantial political contributions”
Read 4 tweets
Andrew Prokop Profile picture
25 Nov
Nearly two years ago I attended Michael Flynn’s first (now only) sentencing hearing.

Up to that point, he'd seemed content with his plea deal with Mueller.

But at the hearing, something changed: Judge Emmet Sullivan implied he really might sentence Flynn to some prison time.
Mueller's team had said Flynn had cooperated substantially a sentence of no incarceration would be warranted.

But Sullivan tore into Flynn, making clear that that he viewed Flynn's crime as quite serious and that avoiding incarceration was no sure thing

vox.com/2018/12/18/181…
So Flynn unexpectedly took an out.

He'd previously said he'd be happy to be sentenced, even though his cooperation in one non-Mueller case was not yet complete.

At the hearing, he changed his mind, saying he wanted to get full credit for his cooperation.
Read 8 tweets
Andrew Prokop Profile picture
23 Nov
Aaron van Langevelde, key GOP vote on the Michigan board of canvassers, speaks at meeting: "We have a duty to certify this election based on the returns. This is very clear. I'm not going to argue that we're not." But, wants to wait to hear public comments before making the vote
Van Langevelde is stressing that the board of canvassers has a limited role, and a legal "duty" to certify.

"We don't have the authority to conduct a trial here on whether election fraud occurred."
Van Langevelde confirms he'll vote to certify MI results.

"The law is absolutely clear. We have a clear legal duty to certify the results of the election as shown by the returns that were given to us... As John Adams once said, we are a government of laws, not men"
Read 4 tweets
Andrew Prokop Profile picture
20 Nov
?
A spokesperson from Gov. Kemp's office told the AP yesterday that Kemp would "make a determination in his own mind if he’s seen" evidence of widespread voter fraud apnews.com/article/joe-bi…
.@BrendanKeefe reports that certification in Georgia will happen as expected. Presser at 5 PM.

Read 4 tweets
Andrew Prokop Profile picture
17 Nov
State certifications watch: Republicans block certification of Wayne County, Michigan results.

Last week, two longtime Michigan Republicans sounded the alarm about "the very real prospect the Republicans who control the Senate and House in Lansing might nullify the clear and decisive victory achieved by Joe Biden in Michigan"

crainsdetroit.com/other-voices/c…
This appears to be the Twitter account for one of the Wayne County Board of Canvassers Republican members who voted not to certify. A Gateway Pundit fan who has RTed a Trump tweet claiming mail ballot fraud twitter.com/HartmannDude/w…
Read 6 tweets
Andrew Prokop Profile picture
17 Nov
The hearing for the Trump campaign's federal lawsuit against the state of Pennsylvania has begun.

Rudy Giuliani is present and introduces himself.
Judge Matthew Brann presiding. Daniel Donovan of Kirkland & Ellis will be making the main argument for the defense.

Starts with discussion on the changing versions of the Trump campaign's complaint. The remaining claim that will be discussed today will be about equal protection
Rudy begins by saying there is "widespread, nationwide voter fraud of which this is a part."

He quotes Rahm Emanuel's years-old quote about never letting a crisis go to waste. Says the pandemic was used as cover to expand mail-in voting.
Read 12 tweets

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