1. IMO @GenFlynn's call to overturn the election count of the Electoral College is chargeable under 18 U.S. Code § 2385 - Advocating overthrow of Government.

IMO all the elements were admitted in that post with the strange curtains behind him.
2. Knowing or willful easily met by his pronouncement. He clearly "advocated" overthrow of the government of the United States by force saying that Trump should move forces. The statute says that advocating overthrow by force OR violence is sufficient.
3. He is advocated moving military force to swing states. He is a retired 3 star and his statement must be taken as made by a person who has the present skill and ability to set about to complete act but the crime was complete on the utterance.
4. I believe Flynn and his spouse will forfeit any federal retirement and medical benefits under the Hiss Act 5 USC 8312(b)(1)(C). It is critical to force morale that they be made an example and Flynn's fall from grace be taught to every recruit and officer's upon induction.
5. There is no reason not to charge him now, and leave it sealed until noon on January 20th. @TheJusticeDept @FBIWFO @FBIBoston @NewYorkStateAG @NewYorkFBI @SDNYnews @ManhattanDA
6. Here is a link to the video. This should take a grand jury half an hour. Two tops.

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More from @TimInHonolulu

20 Dec
1. Members of Congress generally can't be sued for what they do officially because they are covered by the Federal Tort Claims Act. They also have limited immunity derived from the Speech and Debate Clause Art. I, Sec. 6, para 1 that provides as follows:
2..in all Cases, except Treason, Felony & Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, & in going to & from the same; & for any Speech or Debate in either House, they shall not be questioned in any other Place.
3. IMO joining conspiracy to overthrow US with force, as Trump & Flynn have admitted they intend, would be treason and a felony so no Congressional immunity. Focused just on advocating overthrow, by voting to advance Trump's announced plan, IMO a reasonable juror
Read 7 tweets
20 Dec
1. Fed. R. Evid. 801(d)(2)(B) that provides that when an accusation is made to the accused that they chose to remain silent about, the statement can be used to prove the truth of the matter asserted. It's called an "Adoptive Admission."
2. Let's all make every member of the @SenateGOP respond to this statement:

"Your silence after hearing reports Trump is considering declaring martial law to overturn the Electoral College is an admission that you agree with him and therefore advocate the use of force
3. to overthrow the vote for @POTUS as provided in the US Constitution."

Thus, on January 21, we can round up every one of these traitors and charge them with a 20 year felony that makes them have to resign if convicted. I'll go first:
Read 5 tweets
19 Dec
1. Russian report of a Chinese state news agency report:

The missiles hit the main US and NATO base in Afghanistan 2020-12-19 17:05:51 丨Russian.News.Cn
Charikar (Afghanistan), December 19 (Xinhua) - Missiles
2. fired by militants on Saturday hit a major US and NATO base in the Bagram area of ​​Afghanistan's Parwan province, north of the capital Kabul. No casualties or damage have been reported so far. The information was confirmed by
3. the representative of the provincial government Vahida Shahkar.
"Five rockets were fired at Bagram airfield from an abandoned truck parked in the village of Kalandar Hill in the Bagram district at about 5:50 am local time on Saturday," Shahkar told reporters in a text message.
Read 5 tweets
18 Dec
1. Years ago, I did a lot of computer-forensic intensive federal litigation. During that time, I had to become knowledgeable in a number of areas related to data and the internet. I started using tools like the tools Solarwind.com pushes. Some thoughts in this attack.
2. Many software companies write their code to make permanent connections to your computer ports. One that irks me is @nvidia but @zoom_us quickly took over 1st place. I only allow connections that I authorize and limit it to few large cloud firms but I'm still not a cloud fan.
3. If you run a Windows based system and are unaware of the these connections you would be shocked to see just how many there are. I guess they justify it by the fiction they need to park on your ports and be alerted to the need to update your system. It's absurd but If I were
Read 7 tweets
16 Dec
1. @POTUS @RealDonaldTrump @SecPompeo & @robertcobrien green-lighted a genocide against #Christians #Ezidi & #Kurds in #NSyria. They clearly advanced #ISIS' strategic goal. They could stop what Turkey is doing but, choose to permit it. @FBIWFO @SecretService @StateDeptDSS
2. What's the one crime @POTUS can't pardon beside impeachment? #Genocide. We agreed to it as part of the #Nuremberg agreement at the #UN's formation. Don't be dopes. Stop the genocide. Do yourselves a big favor. @GenFlynn
3. Michael Rubin commented on the CAATSA sanctions and though he notes Erdogan is a logical target of the sanctions he confirms my view that the sanctions will make Turkey too toxic foreign-based investment.
Read 6 tweets
16 Dec
1. Legal Hypo: John is a bank robber, robs a bank and is still holding the money. His friend Donald is the President and pardons him for the bank job.

Does John get to keep the stolen money? Is continued possession of stolen funds a new crime?
2. Now how about a pardon to tamper with a witness? Are the people involved conspiring? Does continued agreement to the criminal purpose of the conspiracy revive criminal liability?

The way to tamper Trump's pardon use is to make clear everyone goes to a grand jury to talk.
3. My answer is that unless you have renounced the crime continuation in the conspiracy with a single overt act creates basis for new conspiracy charge that can be brought. Unless Flynn, Stone et al withdraw they can and should be charged as members of ongoing conspiracy.
Read 4 tweets

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