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Teri Kanefield Profile picture
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14 Oct, 5 tweets, 2 min read
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.
Would returning a favor or pleasing a boss be intimidation or force?


It was different when Trump was president.

I still think it's on Bannon, particularly because it looks like finger pointing. "He told me not to."

I think Bannon wants to be a "hero."
By way of disclaimer, my area of practice was defense 🤣

From the viewpoint of a defense lawyer, it would be weak.

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More from @Teri_Kanefield

Teri Kanefield Profile picture
15 Oct
" . . . the speaker will send to the DOJ, and the statute says they have a duty to present to a grand jury. So he will be prosecuted."

They'd never get the truth out of him anyway. He'd lie to Congress.

I wonder if Bannon wants to be a martyr and a right-wing hero.
Basically Bannon will go to jail because he's clinging to the theory that Trump won and Bannon has to obey Trump's directions not to testify.

Look how Trump glorifies Ashli Babbit. I wonder if Bannon wants some of that.
Read 11 tweets
Teri Kanefield Profile picture
14 Oct
Dear good people on Twitter:

Nonauthoritarian governments don't punish people before they break the law, or for threatening to break the law.

When they break the law, there are procedures.

Procedures = rule of law.

1/2
He failed to show up about an hour ago. Premature action, or trying to punish him for a letter would have played right into the hands of the defense.

Trust me: Defense lawyers love when those who are supposed to apply the law jump the gun.

I'm done with this.

2/2
Maybe I just need a mental health break (I've been writing all morning).

A source of the problem may be the Magic Bullet Theory: If only the Democrats would hurry up and jail someone, rule of law will be saved.

(sarcasm but remember I need a break)

Read 4 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 20 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 . . .
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.
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.
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
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. . .
Read 4 tweets

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