Notice that this is not a denial.
@DonaldJTrumpJr does not say that allegations are not true.
He says the Trump Org has been singled out. This is the "selective prosecution" defense, and there are multiple problems with it.
1/
@DonaldJTrumpJr does not say that allegations are not true.
He says the Trump Org has been singled out. This is the "selective prosecution" defense, and there are multiple problems with it.
1/
🔹It's based on the cynical idea (and lie) that everyone cheats.
The indictment documented shocking, ongoing, shameless cheating, including juggling the books and falifying records
🔹"Everyone does it" or "someone did worse" are not legal defenses.
2/
The indictment documented shocking, ongoing, shameless cheating, including juggling the books and falifying records
🔹"Everyone does it" or "someone did worse" are not legal defenses.
2/
In our Washington Post piece yesterday, @reichellaw
and I explain.
If 20 people are speeding down the highway, and you're the only one pulled over, you get a ticket. There was no law enforcement misconduct.
3/
washingtonpost.com/outlook/2021/0…
and I explain.
If 20 people are speeding down the highway, and you're the only one pulled over, you get a ticket. There was no law enforcement misconduct.
3/
washingtonpost.com/outlook/2021/0…
Selective prosecution is this ⤵️ The discrimination must be against a protected category.
"Rich people who cheat" is not a protected category.
Here's the kicker: Raising this defense is basically an admission of guilt. "I'm guilty but was selectively prosecuted."
4/
"Rich people who cheat" is not a protected category.
Here's the kicker: Raising this defense is basically an admission of guilt. "I'm guilty but was selectively prosecuted."
4/
What happened was the opposite of selective prosecution.
Under the circumstances, NOT prosecuting would have been PREFERENTIAL treatment.
This isn't like a random car pulled over.
It's like a car speeding recklessly for years but was untouchable because of who was driving.
5/
Under the circumstances, NOT prosecuting would have been PREFERENTIAL treatment.
This isn't like a random car pulled over.
It's like a car speeding recklessly for years but was untouchable because of who was driving.
5/
Given what has been coming out, not investigating would have been preferential treatment.
@MichaelCohen212 testified before Congress in 2018 about a litany of crimes that he did on behalf of Trump.
The NYTimes reported massive tax cheating for years.
6/
@MichaelCohen212 testified before Congress in 2018 about a litany of crimes that he did on behalf of Trump.
The NYTimes reported massive tax cheating for years.
6/
And @SWinstonWolkoff enraged that the Trump family tried to turn her into a scapegoat for their alleged crimes — went public with shocking details about how she was set up by the Trumps as a scapegoat to take the blame for a missing $27 million from the inauguration funds.
7/
7/
Given the family's well-known history of shady business practices, questionable real estate deals, cheating of charities, for a prosecutor to ignore the evidence would be to offer preferential treatment.
8/
8/
I'm also hearing versions of this: "They've scrutinized everything for years but never came up with anything until now."
Really, that statement is this: "We've received preferential treatment for years, so it's totally unfair that we're not receiving it now."
9/
Really, that statement is this: "We've received preferential treatment for years, so it's totally unfair that we're not receiving it now."
9/
The article that Jr. quoted (which repeated all the Trump talking points) says⤵️
First, it isn't true. Most people don't cheat like that, and the pattern of cheating was shocking.
Most of us don't cheat in order to live a lavish lifetyle.
Second, it's not a denial.
10/
First, it isn't true. Most people don't cheat like that, and the pattern of cheating was shocking.
Most of us don't cheat in order to live a lavish lifetyle.
Second, it's not a denial.
10/
The argument is "They're guilty but so what it isn't a big deal and everyone does things like that so why are you picking on them."
They think cheating is okay, for them.
Make America Great Again means go back to the time [white] men could grab whatever they wanted.
11/
They think cheating is okay, for them.
Make America Great Again means go back to the time [white] men could grab whatever they wanted.
11/
Before the New Deal and regulatory agencies, they could cheat, manipulate markets, and fix prices.
Before modern rape and sexual harassment laws, they could grab women.
On the frontier, they could grab land.
It's hard to give up all that "liberty."
12/
Before modern rape and sexual harassment laws, they could grab women.
On the frontier, they could grab land.
It's hard to give up all that "liberty."
12/
I think Jr. and Eric are melting down because they know they've done everything Weisselberg was accused of.
And they can't deny it because it's all documented.
"We're the company leaders, but we had no idea the company was cheating left and right" is problematic.
13/
And they can't deny it because it's all documented.
"We're the company leaders, but we had no idea the company was cheating left and right" is problematic.
13/
If I had an edit button, I'd change "rich people who cheat" to "people who get rich by cheating."
The Trump history of cheating goes way back.
Of course, they're shocked by indictments.
14/
The Trump history of cheating goes way back.
Of course, they're shocked by indictments.
https://twitter.com/Teri_Kanefield/status/1070708168949346304
14/
Coming back to add another thought.
Here's the main problem a hypothetical "I am being prosecuted because I am a prominent person and people don't like me" defense.
It would only be available to the wealthy, privileged, and prominent.
Wealth and fame become a shield.
15/
Here's the main problem a hypothetical "I am being prosecuted because I am a prominent person and people don't like me" defense.
It would only be available to the wealthy, privileged, and prominent.
Wealth and fame become a shield.
15/
Actually power becomes a shield, which is the opposite of what is supposed to happen.
The other advantage available to the Trumps is that they have the ability to poison the jury pool in ways not normally available.
16/
The other advantage available to the Trumps is that they have the ability to poison the jury pool in ways not normally available.
16/
Here you have @AriFleischer and the National Review claiming "selective prosecution."
Notice they don't deny guilt.
The argument is that prosecutors should be going after violent crime and the choice was "political."
Basically: They're guilty, but violent crime is worse.
Notice they don't deny guilt.
The argument is that prosecutors should be going after violent crime and the choice was "political."
Basically: They're guilty, but violent crime is worse.
Right.
"I had no idea my CFO was cheating all those years" would be so preposterous, I'm sure he won't try it. He'd be a laughing stock.
He'd rather play the victim.
The crazy part is that he still has so many defenders in the Republican Party.
https://twitter.com/AlmBardy/status/1411088666655666179Right….
"I had no idea my CFO was cheating all those years" would be so preposterous, I'm sure he won't try it. He'd be a laughing stock.
He'd rather play the victim.
The crazy part is that he still has so many defenders in the Republican Party.
My guess is they were provided by a cooperating witness. Perhaps the comptroller?
If so, it's damning evidence.
If so, it's damning evidence.
https://twitter.com/JohnWri54591265/status/1411128567937875978
I wondered that as well, too. Remember when his home office was searched? He had Trump Org files in his home and they were seized. By the time they were returned to him, he had turned against Trump.
https://twitter.com/PerrySchwab268/status/1411169146692247552
I just noticed that the years of the ledgers were 2012 to 2017.
2018 was when Cohen turned against Trump.
So it seems the records were most likely provided by Cohen.
🕵️
2018 was when Cohen turned against Trump.
So it seems the records were most likely provided by Cohen.
🕵️
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