Thread by @Teri_Kanefield

Hi, @djrothkopf

I’ll answer your question here.

l'll begin by pointing out a few legal errors. You said this about the DOJ and the Carroll case⤵️

You referred to her case as a rape case. Actually, it was a defamation case.

1/

cc @Delavegalaw

This is an important distinction because the defamatory comment was made while Trump was president.

I wrote about Garland’s decision here: terikanefield.com/has-merrick-ga…

The controlling law is the Westfall Act.

2/

@djrothkopf

In a nutshell, the legal issue is governing whether the defamatory act was committed during the scope of Trump’s employment as president.

The legally correct answer (most likely and perhaos unfortunately) is yes.

Again, for more, see: terikanefield.com/has-merrick-ga…
@djrothkopf

3/

You derided his decision as being an “institutionalist.” In fact, he was following the law.

Next, you say that the decision to charge Bannon should have taken prosecutors “minutes.”

Federal prosecutors follow procedures.

4/

They gather the evidence and present the evidence to a grand jury.

The grand jury then makes the determination. This is usually phrased as the grand jury indicts (but there are extra steps in there).

5/
nbcnews.com/politics/justi…

I think I'll stop here. @djrothkopf no longer wants my assessment of his errors.

I'll add that I totally understand how these errors were made and I sympathize.

These errors are being freely repeated on Twitter. They've become what Snyder calls Internet Memes.

6/

So instead of continuing with the errors, I'll say that I do have a lot of sympathy for @djrothkopf.

All he's really doing is repeating what lots of other people are saying.

And therein lies the problem, right?

Democracy requires a shared truth, which requires truth.

7/

It's a lot harder to get past the memes and look at the facts.

Here is a great video about the need not to repeat memes like "there have not been no consequences" (there have been) or Garland Merrick is doing nothing (also not true)

https://twitter.com/TimothyDSnyder/status/1464644749885902851

8/

What I see on left twitter is rage-inducing simplifications.

Here I talk about how these are self-defeating:

https://twitter.com/Teri_Kanefield/status/1465329135824224262

9/

Well, I typed Merrick Garland as Garland Merrick🤣

I blame my keyboard gremlins. They behave badly before I finish my coffee. It's early in California.

Also, I agree with lots of the comments: I didn't think I was condescending. I thought I was careful.