@BarbMcQuade is a formidable legal mind and this article is quite good. Nevertheless, here is DIRK'S HOT TAKE EXPLAINING WHY THE TWITTER MOB AND BARB ARE WRONG ON THIS POINT.
(I nevertheless take a moment to note I too am frustrated with the glacial pace of justice regarding the obvious trumpist crime wave of the past couple of years)
Key Point One: Ms. Carrol's suit is not about the attack she endured at Trump's hands back in the day. It alleges that Trump lied about the attack when she came forward about it in 2019. THE DOJ IS NOT DEFENDING A RAPE CASE.
Key Point One Point One: If you are reading a hottake about the DOJ defending a rape case ... it's bullshit or worse.
Key Point Two: Trump is a world-class POS who did many horrible things. The DOJ's job is to put that aside and try to make sense of what it should do, notwithstanding the fact that TFG is a steaming pile of crap.
From the DOJ's perspective, the question is this: should the DOJ defend a suit by a person that alleges that the POTUS (the office, not TFG) slandered her while the POTUS was in office relating to an allegation made against TFG while in the Office of POTUS?
To me, that answer is pretty clearly yes. If I ran for POTUS and Roger Stone, Manafort and Bannon recruited everyone I spoke poorly of while in office to sue me ... damn straight I'd want the DOJ to defend me. Otherwise, I would go bankrupt while in office.
Without that backstop, no non-Billionaire-ish person could be POTUS. (Or, alternatively, you set the table for the worst thing that Bill Clinton had to do - start a legal defense fund which allowed VERY questionable "donations" to defend against litigation.
Bottom Line: if this were a sexual assault case arising from events that occurred before Trump was in office - I'd agree, that's not a DOJ issue. But it isn't - it is about statements made by POTUS while in office. If those are grounds for suit - no regular person could be POTUS

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More from @DirkSchwenk

28 May
What Durham is doing is one of the great mysteries of the Barr era. I still think there's an above-zero chance he finds the opposite of Trumpists want, but I am less confident now that we know RR and O'Callaghan were turned. $1.5M is not a lot of money, really.
If you wanna don the Rose Coloreds ... we now know that Rosenstein and O'Callaghan ventured right up to the edge (and maybe beyond) of obstruction as Barr came aboard as AG. Durham is authorized to prosecute any crimes related to the Mueller investigation. Image
And we know that O'Callaghan was in the NATSEC division up until RR elevated him to supervise the Russia investigation. Durham is empowered to investigate "intelligence, counter-intelligence or law enforcement activities." justice.gov/file/1370931/d…
Read 7 tweets
25 May
Judge Jackson is about to lower the boom on the Rosenstein and O'Callaghan conspiracy to keep Trump from being prosecuted.
They spoon fed Barr their own choice: to ignore all DOJ policy and make an affirmative decision NOT to prosecute Trump.
These clips are from today's reporting in the Washington Post which you should read. washingtonpost.com/national-secur…
Read 14 tweets
25 May
Please take a moment before ripping the DOJ. This is not a wholesale appeal - it is tailored, see below.
As attorneys, we are trained from the beginning that attorney-client privilege is our most sacred trust. We should go to jail to protect it, we should NEVER violate that trust voluntarily.
The Court's decision was that there were portions of the memo that were after-the-fact cover for a decision already made, and that some was mere political advice -- those parts will be released.
Read 6 tweets
17 May
Roe v Wade is DOA. Some brief thoughts, some of which you won't like, so count to 10 before flaming me, please.
It's tempting, but a terrible mistake, to say "men should sit down and shut up" on this issue. At least 40% of US women are "pro-life" news.gallup.com/poll/244709/pr…
Combatting the pro-life movement therefore requires a coalition of liberal men and women. Telling a significant part of a coalition that their opinions don't matter is a mistake.
Read 7 tweets
15 May
KOMPROMAT. Let us examine the evidence that the Trump phenomenon is really just long form kompromat. A thread. (A cooperative thread, I hope, since y'all should add the stuff I miss).
Eric Prince and Project Veritas were back in the news this week for hiring professionally attractive women to video tape trump enemies. These women included.
This isn't the first time that Trump allies have been closely identified with running honeypot operations. gizmodo.com/cambridge-anal…
Read 21 tweets
14 May
The NRA is not just a terrorist organization. Not just a front for pro-Russian anti-American interests. It is, at it's core, a giant ATM for one extremely douchie dude - Wayne Lapierre. A THREAD.
On May 11, 2021, the Bankruptcy Court for the Northern District of Texas dismissed the NRA's petition for bankruptcy. I haven't read it yet, so I'll tweet as I go. I do have a pre-existing concept of the NRA's massive grift, however.
If you want to read the decision yourself, it is embedded in this article: washingtonpost.com/context/federa…
Read 20 tweets

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