I'm skeptical about the idea that Weisselberg's testimony is necessary to establish criminal intent (for Trump and his kids).

Just look at Trump's history.

Circumstantial evidence is often used to prove criminal intent. law.cornell.edu/wex/intent
Depends on what you mean by "really hard."

Prisons are filled with people who were convicted based on circumstantial evidence.

Unless a person confesses, you need some circumstantial evidence.

Testimony also isn't 100% reliable.
Witnesses don't always tell the truth.
Juries don't always believe the witness.
Witnesses who "flip" were usually involved in the criminal scheme, so their testimony can also be suspect.

Documentary evidence is harder to discredit. Witnesses can help connect the dots.
I think a problem with charging Trump himself isn't lack of evidence; it's getting an impartial jury and conducting a trial that doesn't turn into a media circus.

Holdout jurors can be a problem.
An acquittal would make Trump more dangerous than not charging him.
Holdout juries are rare, and with Manafort, even someone sympathetic to him felt she had to convict because the documentary evidence was overwhelming.

Federal prosecutors have something like a 96% success rate because they don't take chances.
They make sure cases are airtight.
Documentary evidence can be stronger than witness testimony, but of course, it depends on the documents and the witnesses.
Actually, I probably shouldn't have said that so absolutely.

It depends.

I suppose, technically, the correct answer to any legal question is "it depends."

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More from @Teri_Kanefield

4 Jul
Ever since the Trump Org / Weisselberg Indictment was filed, I've been tweeting about some of the [bogus] defenses being put forward in the media.

I gathered my thoughts and put them into a video.
I'll post an edited transcript shortly.


1/
Here's an edited transcription: terikanefield.com/the-trump-orga…

The video was a bit longer than my usual video (almost 16 minutes!)

But it's totally not my fault!
It's because there are so many bogus defenses out there.

2/
By amazing coincidence, I talked about this one in my video.

But I don't think people like this ⤵️are actually interested in the difference between political prosecution (which abandons rule of law) and rule of law prosecution (grounded in facts and evidence).

3/ Image
Read 6 tweets
2 Jul
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/
🔹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/
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…
Read 21 tweets
1 Jul
Weisselberg was "one of the largest individual beneficiaries" of the criminal scheme.

So there were others.
He wasn't even necessarily the largest beneficiary.

Today, those others are probably having a Terrible, Horrible, No Good, Very Bad Day.
I should do this as a thread.

This is important: The scheme is systematic and ongoing. In other words, we're not talking about a few isolated incidents, but pervasive over a period of years.

This is my surprised face. [sarcasm]
The defendants "and others."

The scheme was to compensate Weisselberg "and other Trump organization executives. . . " off the books.

It's hard to believe those others get to skate free. There's just too much noise in here about them.
Read 14 tweets
30 Jun
Hi, @GOPLeader

Not this again. Sigh.

Right,⤵️ but today they'd be Republicans.

I think you could use a refresher on the history of the parties. I can recommend a few books, including @HC_Richardson's To Make Men Free (I'll put the covers in the next tweet.)

1/
How Lincoln’s anti-slavery, strong federal government pro-industry party morphed into the party of the Proud Boys is a little complicated, but I'll break it down.

Unless otherwise indicated, all facts taken from these books ⤵️

Ready, @GOPLeader?

2/
During the Civil War, the Democratic Party was the pro-slavery party of the Confederacy & rural America.

In other words, these guys⤵️would have been Democrats.

Spoiler: Now they're Republicans.

3/
Read 18 tweets
28 Jun
I wonder what would happen if, across the nation, people started holding signs in front of Toyota dealerships and handing out leaflets about why money spent on Toyota funds insurrections.

🤔
This would be most effective, of course, in blue or blue-leaning areas where sales could immediately drop off.

Tax cuts from the Trump party are appealing, but without sales, tax cuts do no good.

And ⤵️
What democracy needs right now are community organizers.
Read 4 tweets
27 Jun
I finished reading NYU prof. @ruthbenghiat’s book Strongmen: From Mussolini to the Present.

I’m ready with a Twitter Book report, which I combined with this week’s video.

I'll also talk about how to weaken the Trump-Fox-Republican cult.


1/
[Edited] transcription here: terikanefield.com/how-to-weaken-…

I’ll also do a Twitter summary.

The book is detailed and complete and there’s no way to do it justice in a Twitter thread, but (after I fill my ☕️) I'll try to hit a few main points.
Ben-Ghiat, a historian, tells the stories of an impressive list of strongmen👇 Patterns emerge.

🔹They all use their public office to enrich themselves.
🔹Most come to power with a history of lawbreaking.
🔹They act like gangsters.
🔹They encourage violence.
Read 26 tweets

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