Good morning. Anyone ready to read a legal doc?🤓It's totally fun, I promise.

Taylor Budowich’s lawsuit against Pelosi and the select committee is here:
storage.courtlistener.com/recap/gov.usco…

A pattern to these is emerging.

First, the person claims to have cooperated in good faith.

1/
Then, after totally cooperating, the person is "ambushed" to learn about a subpoena.

So, either:

🔹The committee is totally unreasonable and unfair OR
🔹Said person isn't really turning everything over, and in fact, is holding back key docs.

Which could it be? 🤔

2/
The timing of these letters indicates that the records have already been furnished to Congress (but nobody knows).

If it's too late and Congress will get these docs, what is the purpose of these lawsuits?

I have a clue from my email in-box . . .

3/
The people who write me lovely emails calling a stupid liberal are making the same exact arguments in these lawsuits.

In other words, the lawsuits are providing the talking points for right-wing media outlets.

So we need to be aware of them.

4/
But first, a clue from the lawsuit itself that Budowich wasn't truly cooperating and in fact, he thought he could hold back key documents: He argues that Congress isn't entitled to see the particular documents they are demanding in the subpoenas.

5/
They argue that they have a First Amendment right to hide the documents because the documents contain evidence of their political views and political associations.

It makes no sense.

He also says that he already gave the committee everything they asked for.

6/
This guy doesn't exactly hide his political views, and if he gave the committee everything responsive and if they won't learn anything new from these documents, why is he so twisted out of shape because the committee might see them?

They're bank records.

7/
He argues that the subpoena violates his 4th Amendment rights.

(He didn't mention the 5th. I guess he's not ready yet to go there. Usually, they claim 1st, 4th, and 5th Amendment violations.)

What he wants is a declaration from the court that these subpoenas are invalid.

8/
He also argues that the committee is not legitimate, and it doesn't serve a legitimate purpose so nobody has to comply with anything they demand

(So he's been complying in good faith "over his objections" for months with an illegal committee that nobody has to comply with?)

9/
An observation about why we should care about this committee.

The committee wants to expose the truth. They want to know every detail leading to the insurrection.

If anything will persuade people not to vote for the current Republican Party, it should be the truth.

10/
No pop quiz, but keep in mind that I'm reading, typing, thinking, and drinking caramel-vanilla flavored coffee all at the same time, which explains any typing errors.

(And of course, the mischief-making gremlins that hide in my keyboard)

I suspect they had a good reason not to take his word.

Remember, they've interviewed more than 300 witnesses.

These interviews are not public for a good reason.

Nobody knows all of what the others are saying, or what documents others have provided.

The total shock and horror these guys exhibit when they learn of the subpoena suggests that they are shocked that the committee knew which documents to go after.

Nothing else really explains the language.

Mark Meadows was "blindsided."
Ah! Two things I should have added. The committee is interested in $200,000 from an undisclosed source.

Also, Taylor Budowich issued a public statement that democracy is threatened, not by the insurrectionists, but the select committee.
I expanded this thread into a blog post: terikanefield.com/taylor-budowic…

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More from @Teri_Kanefield

24 Dec
I see people say, "X said it, so I believe it."

A person can be right about one thing, and wrong about others. A person can know a lot about one area, but nothing about other areas.

Democracy requires a lot of citizens, including the ability to evaluate sources.
⤵️
Do they talk in what @TimothyDSnyder calls "Internet triggers"? Do they repeat internet triggers?

"X said it so I believe it" is close to authoritarianism. (Trump said it so I believe it)

"I was right about X so listen to me about Y" is also suspect.
Being the mother of a 17-year-old, I'm not used to anyone requesting a lecture 😂 but here's the other critical thinking error:

Confusing speculation with fact.

Nothing is wrong with speculating. What's wrong is when people take it as fact.

Example . . .
Read 6 tweets
24 Dec
Notice specifically what Thompson says. First, he says if a criminal referral would be warranted, there would be no reluctance on the part of the committee to do that.

Note also the possible crime: 18 U.S. Code 1505:
law.cornell.edu/uscode/text/18…

1/ Image
Earlier, @emptywheel quoted from the letter the committee sent to Jim Jordan (Screenshot #1)

See how the language echoes the language of 18. U.S. 1505? (Screenshot #2)

2/ ImageImage
One of the things that goes wrong on social media is confusing speculation (this must be happening because) or (we know it isn't happening because) versus following what is reported as facts.

Yes, we all know that Trump delayed and tried to obstruct the proceedings. . .

3/
Read 7 tweets
22 Dec
There is a Twitter consensus that the purpose of all these lawsuits (like the one Flynn filed seeking an injunction against the select committee) is to "run out the clock."

This makes no sense because the clock runs until at least 2024 and the cases are moving quickly.

1/
The work of the committee will be done in 2022 but the select committee is a truth-finding panel. The prosecutors have until at least 2024.

People similarly said that the election fraud lawsuits were to “run out the clock.”

Those cases also went fast.

2/
The election fraud cases were to feed the right-wing propaganda network.

Trump and pals also lost 60 of the 61 election fraud lawsuits (and the "win" was a minor one that didn't help much.)

3/
Read 13 tweets
22 Dec
Michael Flynn is also claiming that the subpoena violates his 5th Amendment privilege against self-incrimination.

Here's the thing. He won't be able to stop prosecutors who want these records.

He can run but he cannot hide.
int.nyt.com/data/documentt…
Flynn claims that the committee has been "rushing" to refer non-cooperative witnesses for publication.

I know some people on this site who would take issue with the "rushing" part 😆

I believe this is what it feels like to witnesses like Flynn: a relentless pursuit.
Flynn seems genuinely afraid that any information he provides will lead to a criminal probe.

The problem he has is this: Refusing to testify won't stop that from happening.

I'm sensing some panic on his part.
Read 4 tweets
21 Dec
It's the ultimate cynicism.

They want to give back to the Democrats what they think the Democrats are doing to them with the select committee and other probes.

Underlying this is the assumption that all probes are politically motivated.

1/
The belief that all probes are politically motivated comes from the belief that nobody behaves honorably.

House Republicans know their probes are politically motivated, so they assume the probes of others are also politically motivated.

2/
They anticipate that the Select Committee televised proceedings will be great theater.

If you don't believe anyone behaves honorably, and if you have abandoned truth, what matters is who puts on the best show.

They're already planning their show.

3/
Read 6 tweets
20 Dec
Looks like Trump is suing Letitia James because he doesn't want to give a deposition under oath.

I'm reading it now.

Oh goodness. This will not break his losing streak. He needs a preliminary injunction and that isn't going to happen.
documentcloud.org/documents/2116…

1/
To paraphrase his argument: Letitia James is a Democrat and she doesn't like me so her investigation is politically motivated and therefore unfair and the court needs to make her stop.

I wish I was exaggerating.

Oy.

2/
And what law is she violating?

Count 1: Trump alleges that she is violating his civil rights under the Fourteenth Amendment.
law.cornell.edu/uscode/text/42…

Alleging a 14th Amendment violation takes some real chutzpa.

3/
Read 4 tweets

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