Share this page!

Barb McQuade Profile picture
Twitter logo
24 Oct, 3 tweets, 2 min read
There is no need to appoint a special prosecutor to investigate a former president. Unlike a sitting president, a former president is not the AG’s boss. In fact, who’s to say DOJ has not started investigating Trump already as part of Jan 6?
As for potential federal charges, @tribelaw, @JoyceWhiteVance and I shared this awhile back. washingtonpost.com/opinions/2021/…
Among the potential charges we described, conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, voter fraud. And that doesn’t even touch the break glass options — inciting insurrection or seditious conspiracy.

• • •

Missing some Tweet in this thread? You can try to force a refresh
　

Keep Current with Barb McQuade

Barb McQuade Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @BarbMcQuade

Barb McQuade Profile picture
18 Oct
THREAD. If a subpoena means anything, the Jan 6 Committee should refer Bannon to DOJ for prosecution for refusing to comply with their subpoena. Here’s why. 1
DOJ policy favors filing criminal charges when 3 factors are met: 1. the evidence is sufficient to obtain and sustain a conviction, 2. prosecution would advance a substantial federal interest, and 3. no adequate alternative remedy exists. 2
Here, the evidence is sufficient to prove that Bannon has willfully defied a subpoena in violation of law. His only defense is a baseless claim of executive privilege. That claim fails for at least three reasons. 3
Read 13 tweets
Barb McQuade Profile picture
12 Jul
Watching court hearing for sanctions against Sydney Powell, Lin Wood, et al, for frivolous lawsuit filed against Michigan election officials. So far, defense is to run. Powell claims she was not served with motion. Wood claims he did not draft the complaint.
Court asks a basic question. What legal authority is there for court to de-certify a state’s election results? Response is vague reference to Bush v Gore. Court says that decision stands for the “direct opposite.”
Answer to question for legal authority is “court’s inherent authority.” “Fraud vitiates everything.”

Court - do you have any case law to support that? Defense cites case from 1800s. Court asks for anything more recent. None produced.
Read 12 tweets
Barb McQuade Profile picture
25 May
DOJ’s decision to appeal order to disclose Barr memo is disappointing, but shows that this DOJ cares more about protecting institutional norms than settling political scores. And DOJ can still consider charging Trump with obstruction, as Mueller intended washingtonpost.com/national-secur…
DOJ has a legal duty to protect deliberative process privilege. If it rolls over here, it will set precedent for future instances. That does not mean it is refusing to consider charges against Trump. It just means that it is not disclosing the deliberative process among lawyers.
DOJ can still review and reverse the substance of the decision that the evidence did not amount to obstruction. Mueller’s excessive restraint and naïveté left the door open for Barr and his henchman to drive a truck through it.
Read 5 tweets
Barb McQuade Profile picture
17 Mar
Thread. 1/ Based on current facts, Atlanta spa shootings appear to be a situation where federal terrorism laws do not apply. A statute making domestic terrorism a crime would fill the gap, but presents valid civil liberties concerns. It is a debate worth having.
2/ FBI abuses in 60s & 70s against political groups create concerns about investigating US citizens involving speech and association. FBI has since adopted guidelines that limit investigative techniques and forbid probes based solely on First Amendment protected activity.
3/ Today, a perpetrator of a mass shooting could be charged under state homicide laws or, if there is evidence of a racial motive, federal hate crimes. But both have shortcomings.
Read 10 tweets
Barb McQuade Profile picture
24 Jan
1/ In response to some questions about release of some Capitol Hill defendants on bond pending trial, I offer this brief explainer. Detention is governed by the federal Bail Reform Act. law.cornell.edu/uscode/text/18…
2/ Keep in mind that pretrial, defendants are presumed innocent, and cannot be held to punish them for the crime of which they are accused. Detention is to prevent them from harming others or fleeing.
3/ Defendants get a presumption of release, and the majority are released on bond, a promise to pay a sum if they fail to return, often $10,000. Defendants are detained only if no conditions can ensure their appearance at trial or the safety of the community.
Read 12 tweets
Barb McQuade Profile picture
9 Sep 20
1/ DOJ intervention in defamation case is the latest abuse of the levers of government to protect Trump. Here’s how I see it. washingtonpost.com/national-secur…
2/ DOJ routinely removes state tort cases to federal court where a government employee was acting in the scope of his employment when the event occurred. Think mail carrier involved in an accident in her postal truck. This law protects employees from liability on the job.
3/ Once DOJ certifies employee was acting within scope of employment, case goes to federal court. DOJ also files motion to substitute US as defendant. This means that taxpayers now pay legal fees and any money judgment. Judge may deny this motion if she disagrees about scope.
Read 9 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

Like this author's thread?

Get emails when @BarbMcQuade has new unrolls!

Check out other threads from @BarbMcQuade!

Read all threads by @BarbMcQuade

:(