Here's the story.

The lawsuit, Meadows v. Pelosi, is here: cdn.cnn.com/cnn/2021/image…

In a nutshell, Meadows was cooperating with the committee and (he claims) sending the committee everything it asked for (except for a few small things.)

1/
Then, over the weekend, Meadows was “blindsided” to learn that the committee subpoenaed Verizon, the carrier for his personal cell phone, for a list of the names and people he spoke to from October until January 31.

He was livid!
He was enraged!

How DARE they?

2/
He immediately stopped cooperating and filed a lawsuit to prevent the committee from getting his personal call records.

You know what this means, right?

Whatever is in those call records is 🔥

He says he doesn't want anyone to see because it's "intensely personal."

3/
Yeah riiiiight. Intensely personal. Sure.

Well, he has a problem.

He can't claim executive privilege because it was his personal phone.

4/
Here's why he said he won't stand on the Fifth Amendment:

Chairman Thompson made a public statement on December 2, 2021 that those who appear before the Select Committee and invoke their Fifth Amendment rights are “part and parcel guilty to what occurred.”

5/
Very interesting, right? He says he can't evoke the Fifth because Thompson said if you evoke the Fifth it means you're guilty???

Yeah, well, duh.

(We can draw inferences from someone's silence in a non-criminal proceeding if they stand on the Fifth.

6/
So what is a desperate former chief-of-staff to do?

🤔

Idea! 💡

Claim that the request violates his Fourth Amendment right to be free from an illegal search.

7/
I have not finished analyzing how good his argument is, but he has until December 15 to get a court order stopping Verizon from complying with the subpoena.

So he's a man in a hurry.

(I would not want to be Mark Meadows right now).

8/
By the way, if anyone wants to say "the select committee is DOING NOTHING WHY IS THIS TAKING SO LONG" read this lawsuit:
cdn.cnn.com/cnn/2021/image…

Remember Meadows is one of hundreds (literally) of witnesses they're getting information from.

Most are cooperating.

9/
Or ⤵️ just spitballing here, he was using his phone to coordinate the events of January 6 and try to overturn the election.

Otherwise, he'd show them the records. They don't care who he called—unless he was calling officials or people connected . . .

10/
. . . to the insurrection.

Now, let's just assume (for the sake of argument -- a purely speculative possibility) that he used his personal phone to call members of Congress.

Right now, he's acting like a man with something to hide.

11/
And he can't hide for long because Congressional subpoenas are governed by one set of laws, but prosecutors can get that stuff via a search warrant by a showing of probable cause. law.cornell.edu/wex/probable_c…

12/
Yeah ⤵️I haven't analyzed the strength of his 4th Amendment argument yet, but I'll say this:

I'm really glad I'm not Mark Meadows right now.


13/
He raises a host of other arguments for why he shouldn't testify and cooperate.

But it's clear the issue here is why nobody should see the list of dates, times, and numbers he called.

14/
He made a few other arguments for why the committee shouldn't get his call records.

Here's where he says "I already gave them everything responsive, so they won't learn anything new."

Then why so much fuss?

15/

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More from @Teri_Kanefield

10 Dec
I'm not sure why you're asking, but I'll take a stab at an answer.

Nobody knows why the committee made its decision, but as a general matter, there are two possible goals when a witness refuses to comply:

🔹Try to force compliance . . .

1/
. . . which is what happened with Susan McDougal or

🔹punish the offender and not try to force compliance.

I can think of a few reasons not to try to force compliance. . .

2/
Possible reasons:

🔹The person will just lie and jerk the committee around and waste everyone's time, and getting a conviction for lying is harder than getting a conviction for failing to show up for a deposition.

3/
Read 7 tweets
9 Dec
We have a decision in Trump's appeal of the trial court's refusal to grant him a preliminary injunction to keep the White House records out of the hands of the select committee.

I'm reading it now.

Spoiler: He didn't break his losing streak.

1/

s3.documentcloud.org/documents/2115…
I skipped to the best part first. The ending.
All the rest is commentary.

If the court is going to give him a stay while he appeals to the Supreme Court, it isn't here.

I rarely make predictions, but I can't imagine SCOTUS touching this.

2/
To get a preliminary injunction, Trump had to show a likelihood of winning on the merits.

He failed because⤵️

(I'll admit that I like typing 'he failed because')

3/
Read 18 tweets
8 Dec
I've been thinking about how much of our collective anxiety and trauma comes from the way we are consuming information.

(Ideas from Timothy Snyder. See earlier thread)

We are being pummeled 24/7 by the relentless repetition of what Snyder calls Internet Triggers.
I've been reading Meadow's lawsuit against Pelosi and I know that when I Tweet about it, I'll get the usual barrage of triggers thrown at me.

(Why is this taking so long! Nothing will happen!)

In fact, the issues are interesting.
The same thing just happened to me. I happened to glance (purely by accident) at the comments to a tweet.

Instantly I felt punched by the "nothing ever happens" and "it's all pointless" from accounts claiming to be pro-democracy. . .
Read 10 tweets
8 Dec
Dear Twitter:

I am now persuaded that democracy in America is doomed.

Not because of Bannon's trial date, but because nobody thinks.

That's just scary.
One person (without thinking) says OMG a July trial date THIS IS TERRIBLE.

Thousands of people read this and say a JULY TRIAL DATE OMG THIS IS TERRIBLE.

Nobody stops to think about whether this actually IS terrible.

Maybe I was a bit harsh in that first tweet, but seriously.

Reacting to new details with 🤔 instead of 🔥 is not optimistic. Isn't it what is expected of citizens in a democracy?

(I'm wagging my finger like a schoolmarm)
Read 6 tweets
8 Dec
I believe answer to this question is: It depends.

Trials are unpredictable. Juries can be unpredictable.

I don't think anyone can say one way or another what effect prosecutions will have because we don't know how they will unfold.

After the second impeachment . . .
. . .Trump lost support of moderates but the right-wing hardened around him.

It's an interesting discussion, but shouldn't (and I am sure won't) influence a prosecuting decision. It's armchair punditry.

Prosecutors will bring cases they think they can win. That's what they do.
Read 4 tweets
7 Dec
Here's my one-line answer when people say, "The United States is not a democracy, it's a constitutional republic."

Me: "A constitutional republic is a form of democracy. See this definition: definitions.uslegal.com/l/liberal-demo…

If they say . . .
If they say: "The United States was not founded as a democracy," I say, "That's because we had legalized slavery."
Ha! I usually ignore the comment myself because you know exactly who you are dealing with. They're the same people who think the IRS and the SEC are unconstitutional.

But people feel better when they know how to answer.
Read 4 tweets

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