<thread>

After first waves of commentary on #Weisselberg indictment, I sat down with @AWeissmann_.

Several important insights by him:

1. Prosecutors have another option to obtain Weisselberg testimony if he does not cooperate.

justsecurity.org/77369/how-to-r…
2. Weissmann: "After Weisselberg is prosecuted...the prosecution can put him in the grand jury and compel him to testify."

That option is also discussed in #SistersInLaw podcast (@KimberlyEAtkins @JillWineBanks @JoyceWhiteVance @BarbMcQuade)

politicon.com/podcasts/trump…
3. Weissmann details why he thinks (a) the content of the indictment, (b) the prosecutors' requests in the arraignment hearing, and (c) the press conference by defense attorneys points toward a criminal investigation with much more to come.
4. Another important insight from @AWeissmann_:

Weisselberg's attorneys gave "a clear sign that they are keeping their options open to cooperate."
5. Other former federal prosecutors have discussed SDNY experiences in charging corporations in the course of an investigation (@PreetBharara @danielsgoldman).

Read this note from @AWeissmann_👇

justsecurity.org/77369/how-to-r…
6/6. On other signals:

Weissmann: "I read the indictment as sending a strong signal to other potential witnesses."

Their lawyers would likely need "to stress the option of cooperating, trying to strike the most favorable deal now, or potentially face a criminal charge."

<end>
Addendum

@AWeissmann_ also discussed some of these aspects of the criminal investigation (including #3) with @MuellerSheWrote on this episode of @dailybeanspod.

podcasts.apple.com/us/podcast/tip…

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More from @rgoodlaw

6 Jul
Been warning Kremlin bad news for Republicans too. Including interference in 2016 primary.

Now this: “Russian government hackers breached the computer systems of the Republican National Committee last week”

@WilliamTurton⁩ ⁦@JenniferJJacobsbloomberg.com/news/articles/…
2. @selectedwisdom Senate testimony in 2017:

Russia’s influence operation was “in full swing during both the [2015-16] Republican and Democratic primary season that may have helped sink the hopes of candidates more hostile to Russian interests long before the field narrowed.”
3. The Intelligence Community assessment in 2017 and Mueller documents also pointed to Kremlin involvement at time GOP primary was in full swing.
Read 4 tweets
6 Jul
In letter to @SecDef, @SenWarren and @RepRoKhanna ask for review of civilian casualties from U.S. operations.

Letter raises key issue: DoD's standard for assessing #CivCas is artificially high, and DoD report "appears to DEFY the congressional requirement" to use lower standard.
2. I wrote about the wrong-headedness of the Pentagon's standard for assessing civilian casualties in this @nytopinion piece in April 2018.

nytimes.com/2018/04/26/opi…
3. In June 2021, @annieshiel (@CivCenter) and @chrisjwoods (@airwars) wrote again about the DoD standard and how its use in reporting to Congress appears to (a) defy Congress' statutory requirements and (b) potentially vastly undercount civilian deaths.

justsecurity.org/76788/a-legacy…
Read 5 tweets
4 Jul
Exquisitely analyzed piece.

Trump lawyers laid false claim #Weisselberg-#TrumpIndictments were "fringe benefits" case.

Since then, DJT, Eric and Don Jr. have maintained that frame. So has much of the media!

Top #TaxLaw expert demolishes that framing.

justsecurity.org/77331/the-weis…
2. Paying a senior executive their income in wads of cash to avoid paying taxes is ... not a fringe benefit case.
3. Professor @DanielShaviro (the very top tax law expert who authored the article) also provides a list.

"The following items that the company paid for, on Weisselberg’s behalf, most emphatically do not fit the profile of potentially excludable fringe benefits":
Read 6 tweets
2 Jul
Will Weisselberg flip?

A lot bearing down on him if he doesn't.

Read this sober analysis by former IRS Criminal Investigation supervisory special agent.

Plus includes a valuable comment by former Chief Assistant in Manhattan DA Office @DanielRAlonso.

justsecurity.org/77312/allen-we…
2. Key: How much jail time does #Weisselberg face if

A. pleads and cooperates
vs.
B. convicted after trial

I asked the oracle, @DanielRAlonso, who said:

for A: "excellent chance of a probationary sentence"
for B: "very likely a term of 1-3 but more likely 2-6 years or higher" Image
3. Former IRS special agent, Sheil, put it this way:

(1) fight charges and risk conviction after trial (most likely 2-6 years or higher)

(2) plead guilty but don't cooperate (likely as much as a year)

(3) plead guilty and cooperate (likely probation and payment of civil fines) Image
Read 6 tweets
1 Jul
❗️❗️

The Trump Organization-Weisselberg Indictment alleges a FEDERAL tax fraud scheme.

Charges are serious and documented enough, and DA believes can prove beyond a reasonable doubt, so question is:

Where is the Garland Justice Department/IRS?

Are the feds coming next?
2. What a powerful fact in favor of the prosecution.
Read 4 tweets
28 Jun
.@SpeakerPelosi Bill to establish #Jan6 #SelectCommittee:

"The Speaker shall appoint 13 Members to the Select Committee, 5 of whom shall be appointed after consultation with the minority leader."

Maybe Members who vote against this Bill should be considered disqualified.
2. Good to see the bill to establish the January 6 Select Committee explicitly highlights investigation into "how technology, including online platforms ... may have factored into the motivation, organization, and execution of the domestic terrorist attack on the Capitol."
3. Judicious use of these powers👇 in public hearings could be an enormous benefit to the public and to truth-seeking.

Questioning for longer than 5-minutes
Questioning by staff of the Select Committee
Read 5 tweets

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