1. On #Pardons: I still haven't seen the text of any of these pardons. I've checked Papadopoulos' docket in DC and so far nothing filed. I figured he's active on social media and in time may be wondering where his pardon is. I want to read its purported scope.
2. And on the "not-yet-charged" pardon like Nixon, this has never been tested to my knowledge. Plus I don't think you can pardon an on-going conspiracy. It would be immunity.

Under-reported was a little dance in Manafort's EDVA trial where he had challenged Mueller's authority.
3. In April 2018, the government had to produce the August 2, 2017 Rosenstein memo addressing scope of Mueller remit. This redacted document formed part of Flynn's alleged pardon. What was the crime we couldn't be told about in Manafort's trial that Trump thinks he's pardoned?
4. cont.
5. Will Trump will try to have this classified so we can never see it?
6. Here's my link to Fynn's pardon that incorporates offenses in the "subsequent memoranda regarding the Special Counsel's investigatory authority." That includes the redacted Rosenstein memo. @Maddow @lawrence
timinhonolulu.com/2020/11/30/lin…
7. This will hopefully help explain my obsession with seeing the actual pardon. It might be helpful if Manafort got himself arrested and was forced to produce it. But I'm sure Paulie is too smart to go on a bender.
8. The key is that Flynn has admitted he is guilty of all these secret crimes under the #SCOTUS Burdick holding. Were you a Flynn victim? Wouldn't you like to know so you can sue him?
9. I did a little research on investigations related to pardons and found that a month after Clinton pardoned Marc Rich, Mary Jo White @SDNYnews USA issued a subpoena for all the attorneys materials and looks to me like she got them. Because it was not adversarial no AC priv.
10. Here is the case. In re Grand Jury Subpoenas Dated March 9, 2001, 179 F.Supp.2d 270 (S.D. N.Y. 2001).

This is going to be fun. I don't see any reason for SDNY to not call Manafort in for grand jury session. I'm sure he'll cooperate.

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More from @TimInHonolulu

24 Dec
1. The media took a day to figure out that Trump was reading the Budget thinking it was the Covid19 bill. I can imagine Trump in the Oval with the worst lawyers on earth looking at the 5k pages of the omnibus that included the Covid bill as a small part and Rudy says, "Look at
2. all this nonsense. It's got foreign aid and carp research in it." And because Trump's lawyers are planning a coup the real @whitehouse lawyers are nowhere near the plotters, so Trump gets a media team and cuts that weird video with the Christmas background not aware that he
3. was attacking his own budget. Now he won't admit he's a nitwit with nitwit lawyers and so he'll just shut down the govt and kill Covid relief and for extra measure he'll attack the military in too. If he shuts it down he should be required to go without a large @SecretService
Read 5 tweets
21 Dec
1. I think @GenFlynn may come to regret that he accepted the @POTUS pardon that purports to pardon a whole slew of major crimes defined by the secret scope of the Mueller special counsel probe. To explain why he may regret it, first a little personal story for background.
2. When I graduated from law school I went to work at a Bankruptcy boutique firm. We did heavy-lift bankruptcy litigation. My fist two years was mostly involved in unwinding the largest Ponzi scheme in state history. I was tasked with drafting huge motions for summary judgment
3. against a number of unwitting participants in the Ponzi scheme. It seemed like we sued every powerful person in the state. In most of the motions there was a document that I had to include to prove the crimes that gave rise to the Ponzi participants' civil
Read 7 tweets
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. 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.
Read 6 tweets

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