THREAD: the DoJ response states that they are ONLY appealing section two of the Barr memo, but are NOT appealing section one of the memo. The courts memo MAY BE RELEASED in its ENTIRETY. 1/
As I predicted, the DoJ is asking for a stay for section 2: that’s the section regarding the deliberative process privilege. 2/
The DoJ argues that there is a difference between deciding whether to indict the president, or deciding if the evidence would be sufficient to establish a basis to prosecute. They argue section 2 of this memo dealt with the latter and is therefore deliberative. 3/
The DoJ argues that the AG did have a decision to make because Mueller didn’t, and therefore should be protected as deliberative. 4/
Here’s the attached memo, most of which is still redacted. We should get the unredacted version of judge Jackson’s opinion soon. I’ll keep you posted. END
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THREAD: the DoJ may be able to indict trump for obstruction of justice because of Bob Mueller. We just learned that the DoJ under Merrick Garland has reached an agreement on the testimony of Don McGahn. 1/ politico.com/news/2021/05/1…
We don’t know what the agreement is, but we know it was made without consulting trump, and that he isn’t party to the agreement. Plus, @tedlieu has tweeted that he looks forward to McGahn answering their questions. So it seems there’ll be testimony. 2/
Many are concerned McGahn will simply “not recall” anything, but that will be considerably difficult given the documented depositions taken by Mueller and outlined in his report. Many asked why Mueller bothered with the investigation if he knew he wasn’t going to indict trump 3/
THREAD: time for a trip down memory lane about Barr and his refusal to prosecute the former guy for obstruction in light of Judge Jackson (if you’re nasty) ordering the DoJ to release the “memo” Barr said gave him the authority to make the call. 1/ apnews.com/article/politi…
First, here’s how often I joked about Barr’s “OLC memos” 2/
And that one time I called for Barr’s impeachment. This was the same month I was removed from my job in the federal government. 3/
BREAKING: the judge in the Chauvin case - while discussing a motion for mistrial - said that Maxine Waters' comments about the Chauvin case may give the defense something on appeal to overturn a conviction. It's abhorrent, but not prejudicial, however. Motion denied.
Allow me to clarify. These are the judges words. Not mine. Also, the prosecution argued that the defense's claims are vague and they have no direct evidence that THIS jury is tainted by or even heard the news...
The judge repeated to the defense that he instructed the jury multiple times NOT to listen to the news. The prosecution argued that should satisfy the requirements to deny the motion, which the judge did...
NEW: Roger Stone may be closer to arrest than you think. From Reuters, 4 leaders of the proud boys have been hit with superseding indictments for conspiracy. BURIED LEDE: There is an un-indicted co-conspirator. I think it's Roger Stone. Here's why... 1/ reuters.com/article/us-usa…
The 4 proud boys charged here are considered the leaders of their respective states' groups. I predicted they would be charged with conspiracy back in January b/c of this WaPo report. You can also hear it on my Feb 1st episode of the @dailybeanspod 2/. washingtonpost.com/national-secur…
That SAME DAY we reported the above WaPo story, we reported that rep Val Demmings called to investigate the January 5th meeting at trump international. This is important to what I'm about to discuss regarding the un-indicted co-conspirator. 3/
THOUGHTS on the Postmaster General. THREAD. ATTN: @HouseDemocrats. I REALLY want to hear testimony from the former Postmaster General Megan Brennan. Those who listen to our podcasts will remember she retired in October of 2019. 1/
You'll also remember that starting in May of 2018, donald personally pushed her to DOUBLE the rates on Amazon, which as we know was run by Jeff Bezos who also owns the Washington Post. A clear and impeachable abuse of power, btw. 2/
Trump had told aides several times he wanted her gone in his quest to privatize the USPS. Officials insisted her retirement was a regular old retirement and wasn't about the pressure donald put on her to break contracts with Amazon. 3/