I co-authored this sweeping analysis w/@justinhendrix

Bottom Line:
Pentagon restrained National Guard on #January6th concerned Trump would invoke Insurrection Act.

We include little-noticed witness interviews in recent inspector general report.

<thread>
justsecurity.org/79623/crisis-o…
2. Former acting defense secretary Chris Miller in IG interview:

"There was absolutely no way…I was putting U.S. military forces at the Capitol, period,” he said citing media stories alleging Trump's advisors were pushing him to declare martial law to invalidate the election.
3. In congressional testimony, former acting SecDef Miller:

"My concerns regarding the appropriate and limited use of the military in domestic matters were heightened by commentary in the media ... that advisors to the President were advocating the declaration of martial law..."
4."I was also cognizant of...fears that the President would invoke the Insurrection Act to politicize the military in an anti-democratic manner"
"factored into my decisions regarding the appropriate and limited use of our Armed Forces...during the Electoral College certification"

• • •

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More from @rgoodlaw

11 Dec
PSA on #MarkMeadows and #PowerPoint slides

This isn't a hair-on-fire moment. Mainstream media has been responsible not reporting it as such.

I’ve written Meadows has significant criminal exposure

But this is not strong evidence of that.

A few key points to consider…
<thread>
2. All we know is Mark Meadows had the slides on this phone.

Not that he plotted it, not that he or any administration officials created it, not that he did something nefarious (or did anything) with it.
3. Meadows’ lawyer says the reason they voluntarily turned over the document is because Meadows did nothing with it -- and is accordingly not claiming it is ‘privileged’ info that should be kept from congressional investigators.

via NYT

nytimes.com/2021/12/10/us/…
Read 10 tweets
6 Dec
We dove deep into this...

Out of hundreds of #January6th criminal cases, the #FBI cites defendants’ posts on FB, Twitter, Parler.

Absent: A public social media site that served as a staging ground for the attack on the Capitol (thedonald.win).

justsecurity.org/79446/the-abse…
2. Our analysis is thanks to interviews with really great experts:

@AdvDemocracy's @DanielJJonesUS
@GeorgetownICAP’s Mary McCord
@RANDCorporation's @donell_harvin
@DFRLab’s @jaredlholt
Future Frontlines' @CandaceRondeaux
@BarbMcQuade
@JoyceWhiteVance

justsecurity.org/79446/the-abse…
3. We build on prior important reporting by @KenDilanianNBC @oneunderscore__ in an NBC News piece that also relied on research by @AdvDemocracy at the time.

nbcnews.com/politics/justi…
Read 8 tweets
15 Oct
What I told @SavBehrmannDC @RickRouan

Bannon "in deep legal trouble…executive privilege would at best allow him to refuse to answer specific questions. The claim of executive privilege in no way shape or form allows a witness to refuse to show up at all"
msn.com/en-us/news/pol…
2. In addition to criminal contempt, Congress could directly pursue escalating fines against Bannon.

The @USATODAY report notes this statement by the #January6thCommittee member @RepStephMurphy to @JoeNBC:

“I would recommend the full extent of consequences — jail time, fines."
3/3.

As I discussed with @USATODAY, Congress could pursue fines directly as part of inherent contempt powers.

In an article from June, @anne_tindall @g_tudor outline this course of action in context of compelling exec officials (even easier with Bannon)

justsecurity.org/77090/scaling-…
Read 4 tweets
7 Oct
As you digest the Senate Judiciary report on Trump-Meadows-Clark effort to enlist Justice Department to overturn the election.

This prescient analysis helps frame key criminal law issue at hand.

The Political Coercion Act 18 USC 610

<thread>
justsecurity.org/77994/doj-shou…
2.

On the left:

The federal crime under the Political Coercion Act.

On the right (via @AaronBlake):

Key passages of testimony in Senate Judiciary report — showing the scheme to threaten acting Attorney General to pitch in with effort to overturn the election or be replaced.
3. Senate Judiciary Committee investigation also uncovers New Year's Eve meeting in Oval Office.

Trump directly threatens acting AG Rosen and Donoghue: threatens to fire and replace them with Clark for failing to help overturn the election.

Note: Mark Meadows involved.
Read 7 tweets
4 Oct
Great scoop via @AlexThomp @alexbward

Internal State Dept letter by top legal adviser Harold Koh outlining legal problems with "covid-19" expulsions of Haitians.

Koh's analysis is highly consistent with top immigration law expert analysis here:
justsecurity.org/69640/coronavi…

<thread>
2. The internal memo breaks down for policy clients the ways in which the current Trump-Biden policy raises profound legal problems both in terms of US international legal obligations and domestic law.
3. The Koh memo also outlines for administration officials several options to avoid or minimize these legal problems, including fundamentally changing the policy course.
Read 4 tweets
19 Sep
Two discrepancies in @SecDef Austin's vs. @CENTCOM Gen. McKenzie's statements on Friday about Kabul #DroneStrike.

- On definite nature of the intelligence failure.
- On potentially prejudicing next step of investigation.

McKenzie's statements are cause for concern.

<thread>
2. On left, Sec. Austin:

"We now KNOW that there was NO CONNECTION between Mr. Ahmadi and ISIS-Khorasan..."

On right, Gen. McKenzie:

"We now assess that it is UNLIKELY that the vehicle and those who died were associated with ISIS-K or were a direct threat to U.S. forces."

🧐 ImageImage
3. On left, Austin:

Says DoD will review Centcom investigation to consider fulness of investigation, info used in strike, need for accountability, etc.

On right, McKenzie:

Says all US operators acted “in accordance with” ROE, took “prudent steps” to avoid civilians, etc. ImageImage
Read 5 tweets

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