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Tim Hogan Profile picture
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30 Jun, 4 tweets, 2 min read
1. The Constitution gives Congress limited immunity for what is said on the floor & arguably in committee but did not give specific civil immunity for how they vote. IMO "no" votes who conspired just committed an overt act in furtherance of conspiracy and evidence no withdrawal.
2. There's a ton of RICO predicate acts being charged in DC related to a central conspiracy with TFG as the hub of a rimless spoked-wheel. Anyone who came near it who isn't denouncing it, avoiding any appearance of agreement,
3. is a fool. We have only seen a few civil suits emanating from the Jan 6 insurrection. There will be more. Many more. And a 190 wealthy fat cat GQP nitwits just signed up to swim in the Beltway litigation shark feeding frenzy. @HouseGOP @SenateGOP @LeaderMcConnell @GOPLeader
4. Will this reach the #KochMachine? We'll have to wait and see. But let's set the stage: Think Benghazi except the members of Congress were the ones in Toyota technicals attacking our consular facility. And we can serve them all with a complaint and summons.

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More from @TimInHonolulu

Tim Hogan Profile picture
2 Jul
1. On The Trump Corporation payroll tax problems, I wonder if TFG is on the hook for the employment taxes and the Trust Fund Recovery Penalty (TFRP). The easy one is the employer pays employees and withholds the employee's funds but then doesn't pay it to the IRS.
2. That employer can be hit with a 100% penalty of the money withheld and not paid that is not dischargeable in Bankruptcy. What I don't know is, if the employer creates a scheme to avoid it by paying it under the table, whether the IRS imputes it. In any event,
3. the IRS needs to be before Congress explaining why they didn't spot this fraud. The code gives the committees the ability to see all the documents. They need to start demanding them and if they don't get them, issue contempt sanctions and refer it to @TheJusticeDept
Read 6 tweets
Tim Hogan Profile picture
2 Jul
1. As reported, "The incident was one of many state-level precursors to the violence at the U.S. Capitol on Jan. 6."
I'm keeping an eye on these cases. I believe evidence will show that armed AstroTurf ops at state capitols starting in Spring 2020 were part of Koch Machine
2. funded and deployed direct action operation. I believe that this will connect Koch and @LeaderMcConnell to the Jan 6 attack and if we dig in will lead directly to the Koch funding ecosystem including firms like K&E and/or Jones Day and the GQP leadership in Congress..
3. This is a RICO predicate act rich environment, and it can result in the economic destruction of the anti-democratic funding base and the criminal prosecutions of Charles Koch and Mitch McConnel. Who funded the attack on Michigan? If @TheJusticeDept @FBIWFO don't know,
Read 4 tweets
Tim Hogan Profile picture
1 Jul
1. The Fifteenth and final count in Trump Org indictment:

"The defendants the Trump Corporation, d/b/a the Trump Organization, and Allen‘Weisselberg in the County of New York and elsewhere, on or about September 2016,
2. with the intent to defraud, altered, erased, obliterated, deleted, removed and destroyed a true entry in the business records of an enterprise, to wit, Donald J. Trump's Detail General Ledger, and defendants’ intent to defraud included an intent to commit another crime and
3. to aid and conceal the commission thereof."

September 2016 they destroyed TFG's ledger.

The crimes alleged in this are Specified Unlawful Activities and can be the basis for federal money laundering charges and its evil twin bank fraud.
Read 5 tweets
Tim Hogan Profile picture
30 Jun
1. I think NYC taxpayers have tax obligations that may not track the federal return but IMO most taxable income related matters will be reflected in the federal returns. Developers have tax attributes that routinely cancel out any taxable income. Not sure where this all leads.
2. I concede I can’t see how the media-reported tax scam results in a large unpaid tax to TFG’s organization that might be subject to a federal enforcement action but when this stuff happens the assets are exposed to tax liens, state and federal.
3. If that is going to happen they may file the state warrant and federal lien notices before the charges are unsealed. It’s hard to express how the race to the recording office may ultimately turnout, but there’s a good chance there will soon be one.
Read 4 tweets
Tim Hogan Profile picture
30 Jun
1. Far from unanimous. From the Cosby opinion:

"For these reasons, Cosby’s convictions and judgment of sentence are vacated, and he is discharged.

Justices Todd, Donohue and Mundy join the opinion.
Justice Dougherty files a concurring and dissenting
2.
opinion in which Chief Justice Baer joins. Justice Saylor files a dissenting opinion."
3. Holding was focused on the breach of the non-prosecution agreement.

"For the reasons detailed below, we hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the
Read 4 tweets
Tim Hogan Profile picture
29 Jun
1. Three SCOTUS opinions today. First is Penneast Pipeline Co. v. New Jersey. Held: that state sovereign immunity does not extend to blocking a pipeline condemning State conservation land without state consent under the Natural Gas Act.
2. Roberts, C. J., delivered the opinion of the Court, in which Breyer, Alito, Sotomayor, and Kavanaugh, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Thomas, J., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Kagan, and Gorsuch, JJ., joined.
3. Next case is Minerva Surgical, Inc. v. Hologic, Inc. Case involved a patent law doctrine of "assignor estoppel." I have done two copyright jury trials but am clueless regarding patent law. What I find interesting is the vote.
Read 5 tweets

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