Mueller, She Wrote Profile picture
Nov 29, 2021 12 tweets 3 min read Read on X
BREAKING: THREAD: to those who keep pushing for public testimony for the 1/6 committee & public release of documents and information pertaining to ongoing investigations: tonight’s filing by the new DC US Attorney Matthew Graves in the Bannon case explains the perils of that. 1/
As I have said multiple times: public testimony and public release of documents can jeopardize criminal investigations. In the Bannon case, the human cold sore has called for the documents in his case to be released to the public by opposing a protective order for discovery 2/ Image
And DC US Attorney Matthew Graves agrees. “Specific harms will result if circulation of these materials is not limited to the individuals identified in the proposed protective order.” 3/ Image
So what are the harms? FIRST: the hippopotamic land mass wants to disseminate the materials to argue his case publicly on the merits to undermine his indictment, and Graves argues that privacy serves important public and judicial interests. 4/ Image
Namely, “The outcome of a criminal trial is to be decided by an impartial jury who know AS LITTLE AS POSSIBLE of the case.” Public comments on evidence which might never be admitted at trial obviously threaten to undermine this basic tenant. 5/ Image
Furthermore, SCOTUS emphasized the courts have an obligation to avoid a “carnival atmosphere” that might accompany a case receiving substantial public attention, such as this case. 6/
SECOND: public release of the documents is tantamount to WITNESS TAMPERING because it will expose witness testimony to the public, and it would allow witnesses to review each others’ testimony and get their stories straight. 7/ Image
Finally, Graves says the bullshit nature of the blob fish’s claims of prejudice are just a cover for the REAL reason he opposes the privacy of the documents: that the defendant wishes to have trial through the press. 8/ Image
From US v Lindh, 2002: “A defendant has no constitutional right to use the media to influence public opinion…to gain an advantage at trial.” 9/
So before you demand that ANY documents or testimony be made public, consider that both Bannon and Alex Jones want that, and think about WHY it’s damaging to criminal prosecutions to argue these cases in public before trial or during an ongoing probe. END
PS: I’ve been asked for my prediction. Easy. I’d bet my paycheck the judge will grant the full protective order sought by the DoJ in order to protect the case, the witnesses, and the grand jury material, and to prevent Bannon from trying the case in the court of public opinion.
UPDATE: I get to keep my paycheck. cnn.com/2021/12/10/pol…

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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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