Mueller, She Wrote Profile picture
Nov 18, 2021 22 tweets 5 min read Read on X
THREAD: I am convinced there's an op against our justice department designed to divide us and exhaust voters in the interest of advancing authoritarianism. Sit back, pour a glass of wine, and allow me to explain. As always, I have receipts. 1/
There are strong forces at work, and millions in dark money being spent to steal your vote. The GOP and foreign bad actors do this in two ways: the first is by physically blocking or intimidating voters. There was a LOT of this in 2020. 2/ nytimes.com/2020/09/19/us/…
The second and more sinister way is to convince you to throw your vote away. They accomplish this in multiple ways. 1. Telling you that both major party candidates are equally bad. Here's an example from Russian State Media: 3/
2. Exploiting your vulnerability through issues that emotionally impact you. 3. Persuading you that a 3rd party vote or a write-in vote will teach the establishment a “lesson” while insisting your vote doesn’t matter. 4. Making you believe voting is too hard. 4/
And 5. Blaming institutions (SSCI, Mueller, DoJ, DNC, IC). Which brings me to my point: I think there’s an effort in the news and on social media to exhaust you out of voting by pitting you against government institutions, and I think Merrick Garland is a target. 5/
First of all, DoJ is an easy target. We're all exhausted by covid, the trump crime syndicate, the big lie, the insurrection; we're all ready for some accountability and that's the job of the DoJ. 6/
The DoJ is also duty-bound to keep quiet, and what they do takes a long ass time. What a PERFECT set of circumstances for baddies to slip in, rile us up with some hashtags, and divide us even further. 7/
And that's the goal. Divide democrats, because a united democratic party is the only thing standing in the way of autocracy. We have examples of this. The Russian Internet Research Agency did it with Black Lives Matter. From the Mueller Report: 8/ Image
And of course no one is suggesting Russians or the GOP started BLM or the tea party or the progressive caucus or the NRA, but boy did they exploit the shit out of those causes to divide us. Some issues to divide GOP from dems, and others to divide dems from other dems 9/
There are valid criticisms we can make about the DoJ & Garland, and I've made some. He only released half of the Bill Barr Memo. He is defending the office of the president in the defamation case brought by E Jean Carroll. Here's a rant from me: 10/
But take a minute to search hashtag FireGarland and you'll see there are a handful of accounts that seem to spend their entire day hurling insults at Garland and the DoJ. There are some super-obvious Russian memes and hashtags like "MagaGarland" 11/
Those are well-known RU hashtags modeled after similar ones used in 2020 to get us to hate Biden such as "blueanon" and "blueMAGA". These accounts even blame the DoJ for not doing things it can't do or has already done. 12/
One example I've seen is accounts demanding Garland be fired for not handing over the unredacted Mueller report which has been out for a while. Which brings me to the media. They aren't trying to get your vote tossed out like political operatives, but they want you angry. 13/
Did the media blast the mostly unredacted Mueller report across the airwaves? NOPE. They need anger and division if they're going to get clicks and eyes now that donald is out of office and the war in Afghanistan is over. 14/
Remember the media coverage of the withdrawal from Afghanistan? Something most Americans wanted, not to mention nearly 130,000 were airlifted out of Afghanistan in one of the largest mass evacuations in U.S. history, yet the media divided us over it. 15/
They divided us over infrastructure, too. Back when Biden gave his first 100 days speech to a joint session of congress, he laid out a plan for two bills that would total $3T. We were all starry eyed over the prospect, yet here we are with $3T and somehow pissed about it 16/
To the media, you're not the consumer. You're the product. And think of the BRASS BALLS it took for major media conglomerates bent on pissing you off to report on Facebook's transgressions giving more weight to the anger emoji in their algorithms than the like and love emojis 17/
The media knows, as do the socials, that hate and anger are where the money is. You are the product, and your anger is their bottom line. Same with the forces trying to steal your vote: apathy and division are the way autocrats win. 18/
They did it to Mueller, and they're doing it to Garland. Valid and constructive criticism of the DoJ has turned into an all-out assault on the institution, which is something Dr. Timothy Snyder warned us about in "On Tyranny." 19/
"It is institutions that help us to preserve decency. They need our help as well. Do not speak of “our institutions” unless you make them yours by acting on their behalf. Institutions do not protect themselves. So choose an institution you care about and take its side." 20/
In 2017 it was the Mueller probe. Now I'm going to defend the DoJ. I can hold two thoughts in my head: It's possible to criticize Mueller & the DoJ AND defend them as institutions. I've done both for years, and I will continue that effort in the face of looming autocracy. END
PS: OH HEY! And not four hours after I post this thread, we get this news:

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More from @MuellerSheWrote

May 4
BREAKING: Merrick Garland opened an investigation into Trump as soon as he got to the DoJ in March 2021.

Actually, this news is over a month old. But I bet you haven't heard about it much in the media. 1/
According to multiple sources familiar with multiple conversations in the first months of Garland's tenure, "Garland gathered his closest aides to discuss a topic too sensitive to broach in bigger groups: the possibility that evidence from the far-ranging Jan. 6 investigation could quickly lead to former President Donald J. Trump and his inner circle." 2/
"At the time, some in the Justice Department were pushing for the chance to look at ties between pro-Trump rioters who assaulted the Capitol on Jan. 6, 2021, his allies who had camped out at the Willard Hotel, and possibly Mr. Trump himself." 3/
Read 4 tweets
Apr 25
New thread. Dreeban is up for DoJ. The existing system is a balanced framework, it protects POTUS but not at the high cost of blanket immunity.

Thomas: are you saying there's no immunity for official acts? D: yes, but for today, our position is POTUS as head of art II branch can assert art II objections to criminal laws that interfere with a POTUS power or that prevent him from his constitutional functions. What petitioner wants is blanket immunity absent impeachment and conviction which has never happened in our history and we submit that isn't necessary to assure POTUS can perform his tasks.
Roberts: The DC Circuit says "a former POTUS can be prosecuted for his official acts if he's acted in defiance of the laws". Doesn't that seem tautologically true? It sounds like the circuit court is saying a POTUS can be prosecuted because he's being prosecuted. That concerns me. D: I wouldn't suggest that's the governments position. R: You know how easy it is to get an indictment. Relying on the good faith of a prosecutor and a grand jury, and if those are the only protections the court of appeals gave, and that's no longer your position, why shouldn't we send it back to the court of appeals? (That would be bad), or issue an opinion that's not the law?

D: I do support the circuit court's ruling and I think there are layered safeguard that will emiliorate the concern of chilling the POTUS. A politically driven prosecution would violate the constitution. I don't want to overstate your honors concern with relying on good faith, but that's an ingredient, and the courts stand ready to provide oversight.

R: yes but the appeals court didn't get into what acts or what documents we're talking about. Because the fact of prosecution takes away immunity according to the appeals court, they had no need to look at what acts were immune and which weren't.

D: (this is great) Well i take issue with the idea of taking away immunity. There is no immunity in the constitution unless this court creates it today.
D: one of the chief concerns of the framers was abuse of power. They departed from the British model that you could be impeached and convicted criminally at the same time. The framers created impeachment as a political remedy separate from criminal prosecution.

Alito: you recognize the POTUS has a special form of protection, that status that are applicable to everyone, they must be applied differently to POTUS sometimes:

Dreeben: it's true b/c the courts construe statutes to avoid serious constitutional questions. that's longstanding practice of OLC

A: this is more than a quarrel about special protection. If statues are interpreted differently for former presidents than that can be litigated at trial. He can make a motion to dismiss, and he may cite OLC, and the judge says lets go to trial, and that may involve great expense, and during the trial, the former president might not be able to engage in activities he wants to, and then there's a jury and appeal, so protection is greatly diluted if it takes the form you propose. Why is that better:

D: it's better because it's more balanced. Blanket immunity takes it all off the table. IF the conduct takes place at the end of a term, and impeachment is difficult, and we don't know whether a POTUS can be impeached after he leaves office...
Read 14 tweets
Apr 25
Good morning! I'll do my best to live tweet the SCOTUS immunity arguments starting now. John Sauer, for trump, says "Without immunity, there can be no presidency." Which makes no sense because we've had plenty of presidents and no immunity 1/
He brings up some hypotheticals about drone strikes and border policy, and how every president from now on will face blackmail and prosecution. Thomas asks to clarify what the source of the immunity is. Sauer says the executive vesting clause - that it encompasses all the powers of the president. (That's wrong. The executive vesting clause actually limits the term to four years so that cuts against trump.) He then cites (and cherrypicks) Marbury v Madison 2/
Fitzgerald v Nixon "outer perimeter" gives us what the president is immune from. What if the act is appointing an ambassador, and the president took a bribe? Sauer says bribery is not an official act. (interesting, neither are other crimes). Roberts: yeah, accepting the bribe isn't the official act, appointing the ambassador is. So how do you square that? Sauer says the indictment has to be expunged of what is official and what isn't official. (lol, that's a reach) 3/
Read 22 tweets
Apr 16
THREAD: Good morning! Oral arguments are about to begin in Fischer v US. This is the case about the interpretation of Title 18 USC 1512c2 Obstructing an Official Proceeding. I'm going to do my best to live tweet the arguments. 1/
For background, over 300 insurrectionists and trump himself are charged with 1512c2. It carries a maximum 20 year sentence. Several insurrectionists challenged the meaning of this law, but only ONE judge out of 14 went along with this nonsense. 2/
The nonsense being that the word "otherwise" connects 1512c1 and 1512c2 in such a way that the "documents" mentioned in 1512c1 apply to 1512c2. Fischer argued "since I only attacked the capitol and didn't mess with documents, I shouldn't be charged with this" 3/
Read 40 tweets
Apr 16
THREAD: I’m sorry. But this filing is shady AF. This is Hankey Subprime’s filing proving that knight insurance can guarantee Trump’s bond. I’m very much looking forward to the April 22 hearing on the matter. 1/ iapps.courts.state.ny.us/nyscef/ViewDoc…
The reason it seems shady to me is that Knight Specialty Insurance Company (KSIC) only has $138M in cash, and is relying on a trump Schwab account that’s supposed to be worth just about exactly $175M 2/ Image
I’m no expert, but I think to back a bond, the guarantor has to have at least enough cash to cover it. But here, they say trump is covering it and they have access to Trump’s Schwab account 3/
Read 10 tweets
Apr 16
THREAD: I think it's brilliant that Jack Smith crafted his 1/6 indictment of trump to withstand 1) a court determining that a former president is immune for some official acts and 2) a court determining 1512(c)(2) must involve a document or documents. 1/
Smith's indictment works EVEN IF the Supreme Court decides that some presidents have immunity for some official acts because the charges are against him as a CANDIDATE for office, not as a sitting president. 2/
The indictment also works EVEN IF the Supreme Court decides that 1512(c)(2) can only be charged if the defendant tampers with or impedes a document because the fraudulent elector certificates and the certified legit elector certificates are documents. 3/
Read 5 tweets

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