Kyle Rittenhouse just broke down on the stand. The defense has done a strong job on direct. Defense attorneys often do not want to risk such testimony. However, this is clearly a strategy for acquittal not just a hung jury...
...Prosecution witnesses imploded earlier. It would have been tempting to just minimize risk and not put Rittenhouse on the stand. However, such a move could left lingering doubts in jurors if you want to nail an acquittal...
...As a criminal defense attorney, I have been critical of the tendency to hold back defendants in high-profile cases. jonathanturley.org/2018/08/15/man…
...There is risk here particularly with a defendant who just broke down on direct. However, there are risks to not taking the stand. jonathanturley.org/2015/12/31/the…
...The defense also did a good job in bringing out the expected details like this bullet proof vest (which turns out to have been given to him by a police department). The biggest threat however is that he will lose his focus or control on cross examination.

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More from @JonathanTurley

10 Nov
The defense just turned over Rittenhouse to the prosecutors for cross examination. The cross began by confronting him that he wanted to kill these people.
...Rittenhouse admitted that he used deadly force but refused to say that he wanted to kill them. He insisted he was trying to stop attacks upon him.
The judge just stopped the questioning. The judge just warned that the prosecutor is "right on the borderline and better stop." That admonishment may be due to the prosecutor referring to Rittenhouse not previously giving his story.
Read 18 tweets
4 Nov
The indictment circles around an unnamed figure called PR-Executive-1 who was a close Clinton adviser who held high positions in the Democratic party and prior Clinton campaigns...
...Most embarrassing are references to the Clinton adviser meeting with possible Russian intelligence figures and other Russian sources, including this line...:
...PR Executive-! gifted to
Russian Sub-Source-1 an autobiography of Hillary Clinton, which he signed and inscribed with
the handwritten message, "To my good friend [first name of Russian Sub-Source-1], A Great
Democrat."
Read 6 tweets
4 Nov
Danchenko’s arrest is a seismic development and confirmed Durham is far from done with his investigation...jonathanturley.org/2021/11/04/igo…
...Danchenko is not someone who immediately comes across as an apex defendant — the highest target in an investigation. He is the type of defendant that prosecutors pressure to flip against those who retained him or used him in this effort...
...Potential apex targets range from Steele himself to Clinton general counsel Marc Elias to other campaign officials. It is not clear that Durham has evidence against those figures but there is every indication that he is not done by a long shot with his investigation.
Read 4 tweets
27 Oct
Sen. Dick Durbin just told AG Garland that the people engaging in threatening behavior in school board meetings "are the same people . . . some of whom we saw on January 6th."jonathanturley.org/2021/10/21/att…
...That seems to amplify rather than abandon the narrative of national security threats. The withdrawal of the domestic terrorist claim has that Gulf of Tonkin feeling of hostilities continuing after the triggering incident is debunked. jonathanturley.org/2021/10/23/an-…
AG Garland just conceded that most of the examples cited in the Board letter "would not be covered by state or federal law and they would be protected by the First Amendment."
Read 4 tweets
21 Oct
AG Garland just agreed that, despite the letter from the National School Boards Association, he does not see any basis for using the Patriot Act against parents in school board meetings...
...That is heartening though hardly surprising given the definition of domestic terrorists. However, the answer begs the question on the basis for the intervention laid out in the DOJ memorandum. There are ample state and local laws to combat any criminal threats.
...The memo creates a nationwide effort to "address threats against school administrators, board members,
teachers, and staff," including "open dedicated lines of communication for threat reporting, assessment, and response." ...
Read 5 tweets
18 Oct
Vice President Kamala Harris has taped an endorsement of McAuliffe that is being played at hundreds of African American churches around the state. The problem is the “Johnson Amendment” makes such political pitches in churches a violation of federal law. jonathanturley.org/2021/10/18/did…
The IRS warns that such violations will not be tolerated because tax-exempt groups “are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.”
...Putting aside any violation, it is notable that the Democrats used the opposition to the Johnson Amendment by former President Donald Trump as a rallying cry in the last election...
Read 4 tweets

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