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Teri Kanefield Profile picture
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12 Oct, 4 tweets, 2 min read
My latest for @NBCNewsTHINK

We all know that Trump doesn't do well in court, where facts matter. He'd be well-advised not to try to fight the executive privilege matter in court. Yes, he'll lose. It could also backfire.
It depends on what you mean by "long." (There are some on Twitter who think 3 days is long.)

The election fraud cases went quickly (under a few months)

Delaying these documents even 4 or 5 months wouldn't matter, even if he managed to delay it that long.
Records are duplicative. The select committee is getting plenty of others, which Trump can't even pretend to control.

I think this one could get tossed out on a motion raising the crime-fraud exception, leaving Trump with nothing to appeal. . .
Imagine this claim on appeal: The crime-fraud exception should not apply to executive privilege because a former president has the right to conceal official documents containing evidence of wrongdoing.

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More from @Teri_Kanefield

Teri Kanefield Profile picture
14 Oct
Someone else asked about obstruction.

Seems to me that in this letter, Bannon is saying he isn't complying because Trump told him not to.

"I refuse to comply because my cousin told me to refuse."

It's on Bannon. Nobody would really go after the cousin.
I'll attach the statutes in the next tweet.

Here are the statutes for obstruction of justice and witness tampering: law.cornell.edu/wex/obstructio……
law.cornell.edu/uscode/text/18……

I'm reading these as needing some form of intimidation.
Read 5 tweets
Teri Kanefield Profile picture
14 Oct
I'll be serious now. Here's how I read the letter.

The letter Bannon wrote asserts that Trump has ordered Bannon not to testify, so short of a court order, Bannon won't testify.

They're acting as if Trump is still president (weird much).

1/
They're applying the same procedures that applied when Trump was president.

Now there is a sliver of an argument (it will lose) but it isn't frivolous to claim that a former president should be able to assert privilege . . .

2/
The problem is that Biden has said no, so the issue isn't whether Trump can assert the privilege. The issue is who has the final say, Biden or Trump.

It can't possibly be Trump.

Okay, so . . .

3/
Read 17 tweets
Teri Kanefield Profile picture
13 Oct
I've been planning to do this once the collection was complete.

I will give away sets to schools (preferably low income) that will use these.

I get author copies. No point in having them collect dust. I've read them :)

I'll mail them at my expense . . . Image
If you are a teacher or administrator, email me through my website.

I'm sure I will get more requests than I have books, so I'll have to select.

I'll select based on need and promise to use. Image
I may not get many low-income schools, so don't be afraid to ask. I do want all the sets to go bye-bye to schools.

It's usually assigned in 9th grade, but a 5th- grade girl (family friend) devoured Susan B.

(She didn't want to read any others because they weren't about girls)
Read 5 tweets
Teri Kanefield Profile picture
13 Oct
The last book in my Making of America series, in paperback inspired by the idea that the world would be a better place if 9th graders understood constitutional history.

Oh, yeah. I usually do birth announcements when a new book comes out. Cheesy, right?

Stand by . . .
People ask me what it's like to write for appellate justices and 9th graders.

There is no difference, except for font size and defining all the words.

Writing for 9th graders is also more satisfying. They are often more open-minded and a lot more fun. Image
I've also given some memorable talks to auditoriums filled with middle schoolers. The energy.

The shade they throw.

But . . . I get the last word. True story coming . . .
Read 4 tweets
Teri Kanefield Profile picture
12 Oct
Autocracy moves swiftly. It's thrilling. Things happen and they happen fast. It's all about fighting the enemy.

The Facebook whistleblower said: "It’s easier to inspire people to anger than it is to other emotions."

Democracy and due process are dull and slow-moving.
There are rules against prosecutors talking about ongoing investigations for a reason.

Consider how making it easier to imprison people would backfire. The whole point of due process is to slow things down.

Think of it this way . . .

One side wants to speed up the process. They envision a conveyor belt. For much of our history, criminal justice meant putting black men in jail. In autocracies, criminal justice is to put political dissenters in jail. . .
Read 17 tweets
Teri Kanefield Profile picture
11 Oct
I think this is unproductive. There are procedures to follow. Cool heads should be in charge of the government.

This was how Trump governed: Make everything into who is strongest and toughest, and it was unbecoming.
Certainly, but the last I heard, he said he would defy the subpoena. He wrote a scathing letter.

First, he has to actually not show up for his deposition, right?

Do we imprison people for letters?

Bannon “has indicated that he will try to hide behind vague references to privileges of the former President,” the House panel said in a statement.

When he actually does it, there are procedures.
Read 7 tweets

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