1. Cross-exams without a deposition are not much fun for the questioner. We're taught to never ask a question on cross you don't know the answer to and can prove the witness is lying if they give you a different answer. With no depo it would be tough to cross.
2. A lot of my trial training came from my late brother who once got a white police officer to break down when he was being questioned about killing a black citizen. He did it by being empathetic, not confrontational. And because I was the youngest in a family where the father
3. had died, my life after 9 was often being the target of my brother's withering cross-exams. In this case, I think I would focus on the victims. Ask him questions that elicit if he knows anything about the lives he ended. "Did you know that . . .?
4. Put him in a state of psychological vulnerability. Get him to cry real tears to show the early performance was theater and that he knows what he did was wrong. Then sit down and let the judge stop to give him time to really collect himself. #KyleRittenhouseTrial

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More from @TimInHonolulu

12 Nov
1. I remember spotting a lot a weird stuff during the 2016 cycle that was coming from the Carolinas. They were amplifying what looked like sock puppet generated disinformation. So, if they're rolling up the 2016 Russian op, I would expect a lot of this.
2. And the five year statute just ran on crimes like that sort of thing that were committed in the 2016 cycle. Closing in on the crew now would make sense and IMO was what Mueller and perhaps even Barr were hiding from TFG. I think the Project Veritas jurisdiction could be FARA.
3. It's also why I would not charge Bannon for contempt now. Why bother when you have him on crimes that could see him in prison for what amounts to life? If you want to know what prosecutor might be doing always look at the crimes and the calendar. TFG cheated in 2016.
Read 4 tweets
12 Nov
1. #Putin is a global crisis actor. He moves troops and refugees like a little child with plastic toy soldiers to get the world to react. If he was going to attack and seize #Ukraine, he waited too long. Ukraine's military was a disaster in 2014 and could have been steamrolled.
2. Now, Ukraine has put together a large armored force and has a trained and equipped army with US Javelin anti-tank missiles that make short-work of the weak armor on the top of Russian tanks. Sure, Russian could defeat Ukraine fighting alone but at what cost? The Russian state
3. controlled press is not doing the kind of propaganda needed to prepare a disgruntled population for a major war against one of the last Russian speaking areas of the globe. IMO the Kremlin's focus is on #Belarus. I would not be surprised to see Russia invade it and some of the
Read 11 tweets
11 Nov
1. Link to a TASS report on the Afghan resistance. The fact that Kremlin is posting this is meaningful IMO. The report quotes Ali Maysam Nazari, head of the foreign relations department of the Afghan National Resistance Front, which opposes the Taliban on many issues
2. but importantly TASS includes report Taliban are simply unlikely to ever stop their foreign terrorist affiliations. Also, the idea that I have personally advanced for a federal Afghan system is described as decentralization. With endemic corruption the closer the US funds
3. get to to the people in need in the provinces, the less likely they will be siphoned off to thieves in Kabul like Ghani. I once had idea of an ATM in every village. No Taliban and it gets money. Taliban, no money. But now we could apply a similar concept that deals with the
Read 5 tweets
11 Nov
1. PER CURIAM ORDER [1921975] filed ORDERED that an administrative injunction be entered and appellees the National Archives and Records Administration and the Archivist be enjoined from releasing the records requested by the House Select Committee over which
2. appellant asserts executive privilege, pending further order of this court. It is FURTHER ORDERED that the motion for an expedited briefing schedule, which the court construes as a motion to expedite consideration of the appeal of the district court’s order denying the
3. motion for a preliminary injunction, be granted. The following briefing schedule will apply: Appellant’s Brief November 16, 2021 (12:00 noon) Joint Appendix November 16, 2021 (12:00 noon) Appellees’ Briefs November 22, 2021 (12:00 noon) Appellant’s Reply
Read 4 tweets
10 Nov
Link to Memorandum Opinion and Order denying Trump injunction in the Presidential records case. Trump v. Bennie G. Thompson. @MaddowBlog timinhonolulu.com/2021/11/09/lin…
2. "Defendants acknowledge that executive privilege may extend beyond a President’s tenure in office, but they emphasize that the privilege exists to protect the executive branch, not an individual. Therefore, they argue, the incumbent President—not a former President
3. —is best positioned to evaluate the long-term interests of the executive branch and to balance the benefits of disclosure against any effect on the on the ability of future executive branch advisors to provide full and frank advice. The court agrees." page 13 of 39.
Read 13 tweets
29 Oct
1. Why would Erdoğan prepare for the meeting @POTUS @JoeBiden by attacking near US forces in Syria? IMO it's because he's terrified. One week ago the US Court of Appeals ruled that the Turkish state-owned #Halkbank had no sovereign immunity because conduct in violation of US
2. law was done as part of commercial rather than official conduct, and thus, under US law, not subject to sovereign immunity. My reporting on the Zarrab case since 2015 left me with the district impression that there were connections between the crimes & top Turkish officials.
3. Now that the issue of whether there is any immunity for the commercial criminal conduct, those Turkish officials may soon be named as defendants in a superseding indictment. For an autocrat like Erdoğan, manipulating the court system is just business as usual.
Read 6 tweets

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