THREAD: allow me to play devil’s attorney for a moment even though I am definitely not an attorney nor am I probably not the devil. Let’s say I’m Bannon’s lawyer (barf sound), and let’s say the house began the process to refer my client for criminal contempt today. 1/
And let’s say for argument’s sake, somehow the house were magically able to draft a resolution to refer for criminal contempt, take a full vote to pass it, and draft and submit the prosecution referral to the DoJ today. 2/
Then let’s say the DoJ agrees and is able to get it in front of a grand jury and indict Bannon for criminal contempt tomorrow. I would then draft a motion to dismiss the case based on the fact that - at the time of the referral - Bannon had not yet violated the subpoena. 3/
You’ll notice that the Bannon subpoena demands records by October 7 AND testimony October 14. These are not two separate subpoenas. Therefore, DoJ would have indicted Bannon prior to the completion of a criminal act. 4/
Now imagine my motion is denied. The courts would then set a dangerous precedent: that the government has the power to charge people before they commit a crime. How do you think that would work out for us if a bad guy were in charge? 5/
As I said in a previous tweet, defendants have rights. Stomping on those rights in the name of saving democracy flies in the face of democracy itself. So let’s give the house a minute to execute the referrals properly. Otherwise we risk losing the case, and the rule of law. END
PS: since I’m most definitely not a lawyer, please tell me if I’m wrong. I’m merely speculating. I’d be happy to issue a correction.
PPS: If violating one part of the subpoena means violating the entire subpoena, would you be willing to take the risk in lieu of waiting two days? Given Mitch's takeover of the federal bench, I would not. I'd wait a couple of days.
PPPS: if I were a judge, I’d make them go back and do it right because I wouldn’t want to risk my ruling being overturned on a technicality by this particular conservative SCOTUS
And just as I said, the 1/6 committee will proceed with a criminal contempt referral for Bannon beginning Tuesday.

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More from @MuellerSheWrote

12 Oct
SCHIFF ON MUELLER when asked if he regrets that Mueller ran the investigation, or just that he testified: “My regret is in forcing [Mueller] to testify … he wasn’t able to bring the report to life … he simply wasn’t the same man that I knew from years earlier… 1/
“I think he led a brilliant investigation- he’s a man of incredible integrity… and in very much the same way trump thinks everyone is like him - that everyone lies like he does, that everyone is corrupt like he is… 2/
“”… Mueller, being this man of unquestioned integrity, presumes of others that they share the same devotion to truth, and I think he must have been astonished that Barr would so betray his work - would lie to the American people about what was in his report repeatedly. 3/
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5 Oct
NEW: Greenberg is asking to push his sentencing to March 2022. Given this, Gaetz’ new trial lawyer team, the straw candidate guilty plea, and the Alford indictment; it’s clear to me that Matt Gaetz is in trouble, and for a lot more than the sex trafficking a minor charge.
Gaetz’ trial lawyer team: Matty recently hired three high-powered, out-of-town trial lawyers indicating he thinks he’ll be going to trial.…
The straw candidate pled guilty: Rodriguez, who accepted an illegal $44K contribution to run as a straw candidate in a sham election scheme in Florida recently pled guilty: right after Greeneberg extended his sentencing the first time.…
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19 Sep
THREAD: If there are any LGBTQ folks that were discharged under other than honorable conditions for sexual orientation, and you're curious about what benefits you may now be entitled to under Biden's new plan, I'm here to help. Here's a small list. 1/…
If you are disabled, either physically or mentally because of something that happened to you in the military - which may include your shitty discharge - you could be eligible for monthly VA disability compensation. Here's how to get it... 2/
Contact your local veteran service organization (like the VFW). They have representatives that can help you file your claim. It can take a few months, but it's worth it. You can be awarded anywhere from $145 to $3400 per month. 3/…
Read 10 tweets
16 Sep
I still can’t get over the Dan Quayle thing.
Remember the salad days when spelling potato wrong got you 24-hour news coverage?
The potatoe salad days. Hahaha. I’ll show myself out.
Read 4 tweets
9 Sep
A friendly reminder as I still hear this.
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1 Sep
THREAD: Content Warning: abortion, Texas, rape, and the military.

As someone with PTSD, sometimes it can take time for me to put words to emotions.

I believe I have the words now.

As most of you know, I was raped while on active duty in 1995. That rape resulted in a pregnancy, which resulted in an abortion. Then AND now, we did not usually report our assaults because we are required to report to the chain of command 2/
The chain of command does not want assaults on their record. The chain of command includes your rapist. The chain of command is Chad from Florida who has no training in advocacy or law. The chain of command often retaliates against you for reporting. 3/
Read 7 tweets

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