Court update in the Trump-executive-privilege litigation: some technical difficulties with the court reporter not being able to hear so we’re on a break. I’m one of just a few folks in the audience given that it’s being live streamed. . . .
I was last in a courtroom with Tanya Chutkan (now Judge Chutkan) decades ago when she was a public defender and we were trying murder cases against one another. She is a strong, smart, fearless attorney and I very much look forward to her decision in this important litigation…
I’m confident she’ll get it right. The hearing started on a light-hearted note when House of Representative Douglas Letter said he’s in a government conference room (the parties are visible on screens in the courtroom via Zoom) and for energy-saving reasons, the lights cut off…
periodically and they can’t figure out how to avoid that. Judge Chutkan said that if the lights go out, she won’t take that as an indication of the strength of Mr. Letters’ argument.

More to follow next time we’re on a break (as I can’t tweet inside the courtroom).

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More from @glennkirschner2

4 Nov
As expected, Judge Tanya Chutkan took Trump's lawyers to task in today's hearing regarding Trump's lawsuit trying to stop the release of documents that will very likely incriminate him. As I suspected (and included as the opening of yesterday's #JusticeMatters video) . . .
Judge Chutkan asked Justin Clark (Trump's lawyer) his authority for putting in his brief the "startling claim" that the FBI had cleared Trump of wrongdoing in connection with the Jan. 6 attack. Clark admitted that he took that from a Reuter's news article. I didn't need to see...
all of Judge Chutkan's face (we were all masked in the courtroom) to gage her reaction, because I heard her scoff at the idea that they would make such a bold assertion based on anonymous source reporting in a Reuter's article. Now, on the the substance of the hearing . . .
Read 11 tweets
30 Jul
The committee can investigate things that are beyond the scope of DOJ investigations (like communication failures throughout government) & can legislate where appropriate. But simply exposing to public view what happened on 1/6 can lead to accountability. One of the benefits …
of these public hearings is that We The People will get to see witnesses testify about who funded, who organized and who incited the insurrection (though we’ve already seen how Trump, Don Jr., Rudy and Mo expressly incited the violence). The DOJ grand jury investigation …
is secret, shielded from public view. So even though the prosecutors at the DC US Attorney’s Office undoubtedly are investigating the funders, organizers and inciters, we won’t get to see any of it until it’s revealed during public trials. But with the …
Read 4 tweets
21 May
Can I share a quick story about my wife @NilooAdili:
As we’re sitting at the gate waiting to board our flight to Mexico, an airline employee announces that everyone needs “a QR code” to board the plane. Apparently this has something to do with a health survey required ...
by the Mexican government to enter the country. Many people (myself included) have no idea what this is. My wife, being an extremely detail-oriented career immigration attorney has already taken care of this for us. But other travelers begin to struggle to figure out what ...
they need to do. Confusion ensues. My wife leaps into action. She sees folks on their phones struggling to navigate the website and fill in the necessary information. She becomes a free-range, volunteer, customer service representative, moving from person to person ...
Read 5 tweets
14 Mar
Hey #TeamJustice,
Hope you don’t mind if I share a personal story and rememberance. We buried an extraordinary man last Saturday: retired MPD Homicide Detective Lorren Leadmon. Lorren taught me so much about how to investigate AND prosecute murder cases in Washington, DC. ...
Indeed, he taught several generations of Assistant US Attorneys how to do the job . . . and many of them didn’t even realize they were being schooled.
Two quick stories: I was prosecuting a murder case in the 1990s and we were litigating a motion to suppress evidence. ...
The Judge was a strong, smart, fair, no-nonsense judge who I liked, respected and admired. Many years earlier, she had been a prosecutor in my office - the US Attorney’s Office for the District of Columbia - and had worked cases with Lorren. ...
Read 16 tweets
8 Feb
We really need to STOP calling what will kick off tomorrow an impeachment “trial.” It’s NOT a trial, & that term misleads & creates false expectations. One of the bedrock principles in an actual trial is that the jurors can have NO personal stake in the outcome or involvement ...
in the offense that is the subject of the trial. The senators are disqualified on both fronts - they ALL have a personal/political interest in the outcome of the case AND they were all personally involved in the matter being tried ...
The Senators are themselves victims of the insurrection, witnesses to the insurrection and/or, in some cases, potentially aiders and abettors to the insurrection. They could never in a million years serve as jurors in anything that could be called a “trial” as they are
Read 4 tweets
10 Oct 20
I think the Stone commutation should be challenged as the product of a criminal conspiracy. You can’t win the case you don’t bring. We made law in DC by bringing the fist case of urban warfare homicide liability for ALL participants in a gun battle committed in a manner that ...
endangered the lives of innocent bystanders. I was told it couldn’t be done because there was no precedent. We did it, and the DCCA sanctioned/adopted it as a lawful theory of homicide liability. I was told I could not try a killer in absentia from his hospital bed at the
United Medical Center after he starved himself into physical incapacitation such that he could not be transported to the courtroom to be present at the “commencement of his trial.” I was told it couldn’t be done because there is no precedent (indeed, there is contrary precedent).
Read 7 tweets

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