Ryan Goodman Profile picture
Jun 17, 2021 10 tweets 8 min read Read on X
<thread>

In @PostOpinions, former FBI General Counsel @AWeissmann_ and I assess FBI Director Wray's two days of testimony on #Jan6.

First, Wray failed to explain FBI policy on social media monitoring that may be "galling to lawmakers" when they find out.
washingtonpost.com/opinions/2021/…
2. Watch👇

@AOC: Does FBI monitor social media to combat violent extremism (such as threats to Capitol on social media pre-#Jan6)

Wray: DOJ policy prevents FBI without "proper predication"

DOJ policy: Can monitor social media WITHOUT predication for special events (like Jan 6)
3. Watch👇

@RepSwalwell: Does FBI have authority to monitor open source websites/social media where groups post about threats?

Wray: Att'y General Guidelines prevent FBI without "proper predication"

A.G. Guidelines: Can monitor WITHOUT predication for special events (eg #Jan6)
4. Here's a screenshot of those Attorney General Guidelines, which clearly state:

FBI Assessments are permitted for special events (obviously like certification of election at US Capitol).

Assessments authorize FBI scanning Internet for this content and, indeed, encourage it.
5. Note how closely Wray’s words in response to Swalwell (June 10) match Wray’s words in response to AOC (June 15).

Sounds like he carefully scripted his response in advance of the hearing.

Which would be extremely disappointing given how misleading the response is.
6. Wray vs. Wray

Watch👇

June 10: @RepSwalwell asks if social media company sent any tip to FBI warning of threat to Capitol.

Wray's response is VERY different when…

June 15: @RepMaloney reveals social media company Parler sent FBI tips of threats to Capitol. Wray admits it.
7. This by Wray is also galling

@RepCori questions how FBI action towards #Jan6 compare to FBI action towards #BLM in summer

Wray's response is basically: I came unprepared to recall what FBI did with BLM in summer

The question is foreseeable and hugely important to J6 inquiry
8. Wray must know answer to that specific Q.

Instead American public gets this:

“As far as the summer, sitting here right now, I know this is a hearing on Jan. 6, I just don't remember what products or intelligence assessments we did or didn't do over the course of the summer."
9. Wray is now part of the Garland @TheJusticeDept.

Wray's approach to Congress and to the public seems highly inconsistent with commitments #Garland made during his confirmation hearing. Commitments to transparency and responsiveness.

Memorable exchange with @SenWhitehouse👇
10/10. There's a lot more in @AWeissmann_ and my op-ed in the Washington Post.

I discussed several of these ideas today with @FrankFigliuzzi1 @BarbMcQuade @djrothkopf on @deepstateradio.

link to podcast: podcasts.apple.com/us/podcast/nea…

washingtonpost.com/opinions/2021/…

[End]

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More from @rgoodlaw

May 13
I'm interviewed here on prosecutors bizarrely working with a ringleader of 2020 conspiracy (Ken Chesebro) to charge people below him

Response by Chesebro's attorney (1) throws GOP false electors under the bus; (2) exposes his own client to legal peril

1/
politico.com/news/2024/05/1…
2. Chesebro’s lawyer's quote below.⤵️

He incriminates false electors by saying they went further than Chesebro intended.

He hides that Chesebro himself helped submit their false certificates, pushed the Pence plan through to the end on back of their certificates, and more. Image
3. See for yourself.

Here’s just a smidgen of the huge body of evidence.

Email correspondence from Chesebro on submitting the false certificates. Dec 15 and Jan 4.⤵️

Source: documents obtained in Penebaker v. Hitt settlement brought by @GeorgetownICAP @lawfwd @Stafford_Law.Image
Image
Read 5 tweets
May 10
Under the radar:

A very important piece of evidence prosecutors entered during re-direct with Stormy Daniels on Thursday.

It contradicts a key promise President Trump's attorney made to jurors in Opening Statements.

My discussion with @ErinBurnett @Terridaustin @OutFrontCNN⤵️
2/ Here's the transcript of our conversation:

available here as well: transcripts.cnn.com/show/ebo/date/…
Image
3/ Link to the court filing (remarkably a joint filing by Donald Trump and Michael Cohen): admitting to the facts of Trump's reimbursement of Cohen for hush money to Stormy Daniels:



See next tweet for link to court opinion holding this was an admission.justsecurity.org/wp-content/upl…
Read 5 tweets
May 7
I discussed why two documents shown by prosecutors on Monday in the Trump trial are "close to being smoking guns."

On @OutFrontCNN.

The Trump CFO Allen Weisselberg document is truly mind blowing.
2/ Get this 🤯:

Trump CFO's contemporaneous handwritten notes recording the underlying scheme - the true reason for payments to Michael Cohen - are written on a copy of the bank account showing the $130,000 hush money wired on Oct. 27 to Stormy Daniels' lawyer!Image
3/ What else do you notice about the bank statement?

It indicates the bank account was set up for this sole purpose.

- Shows total funds of $130,000 for the hush money plus $1K to cover wire transfer fee etc.
- Appears to have opened account a day before the wire transfer.
Read 5 tweets
Apr 30
On this day in history:

A former president of the United States was held to be in Criminal Contempt for "willful disobedience of a court's lawful mandate" by attacking witnesses and jurors in a criminal proceeding.

Court's finding based on beyond a reasonable doubt.

1/Image
2/ Justice Merchan's well-reasoned, balanced opinion has two additional important notes.

First, he not only warns the Defendant, Mr. Trump, about jail time for future violations. He explains this may be required because fines ($1k per violation) won't be effective in this case. Image
3/ As part of his balanced opinion, Justice Merchan appears to call out Michael Cohen (and perhaps Stormy Daniels).

The judge explains their use of the gag order to publicly go after Trump while he cannot respond may result in judge excluding them from the order's protections⬇️ Image
Read 6 tweets
Apr 25
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.

It'd be a travesty for Justices to delay matters further.

Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.⬇️
2/ Justice Barrett rounds this out with her final question:

She gets USG attorney to say there's enough of these private acts to move forward, and Trump's conduct involving pressuring DOJ, Pence etc would be used just for evidentiary value not criminally liable for those acts.⬇️
3/ Here are the three bullets in USG brief that Justice Barrett gets Trump attorney to concede are private acts that enjoy no immunity whatsoever.⤵️

And note text before the bullets, which Justice Barrett goes over with USG attorney solidifying DOJ can prosecute on this basis. Image
Read 6 tweets
Apr 22
I have a new piece with @AWeissmann_ in @just_security:

Questions the Supreme Court Should Ask at Oral Argument on Presidential Immunity


Just Security also published a complementary piece showing speed by which #SCOTUS can decide cases—if it wants to.⬇️justsecurity.org/94867/supreme-…Image
2/ Here's a link to the second piece. By Fred Wertheimer:

justsecurity.org/94848/supreme-…
3/ Here are the most important questions in my view for the Justices to ask Trump's attorneys.

Note there is no good answer to them. In other words, there is no legal basis to oppose a quick resolution of the immunity question.Image
Read 5 tweets

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