Trump filed a supplemental brief with the Supreme Court (in his executive privilege case) arguing that the committee is considering criminal referrals, therefore, the request for documents exceeds Congress's legislative powers.

1/

supremecourt.gov/DocketPDF/21/2…
His argument is that Congress does not (and should not) have a law enforcement function.

Central to his argument is that the committee is illegal and illegitimate and so the subpoenas are unenforceable.

Here is the article he quotes: washingtonpost.com/politics/janua…

2/
Given the fact that the committee is studying a crime to find out what legislation can prevent future crimes, it's hard to say that they shouldn't make criminal referrals where appropriate.

Trump's argument comes down to "they're picking on me!"

3/
Here is the basic problem with Trump's argument.

He says that in performing a criminal inquiry, the committee is violating the separation of powers.

So he wants the Court to determine the committee's "true goals"--which is itself a violation of the separation of powers. . .

4/
He wants the Court to conclude that TRUE goal of a Congressional committee is NOT its stated goal, which is to conduct a thorough inquiry into the attack on the capitol to find ways to make sure such an attack doesn't happen again.

5/
So he is asking the court to second-guess Congress's motives, which itself violates the separation of powers.

Besides, conducting an inquiry into the January 6 attack to determine how it happened to make sure it doesn't happen again, requires INVESTIGATING A CRIME.

6/
No -- and we probably won't know until mid-January.

I'd be surprised if the Court takes this. This was an appeal from denial preliminary injunction.

If they're interested, I assume they'll wait for a deision on the merits.
If I had a dime each time someone put this in my comments ⤵️

None of this is factual.

#1: This isn't "successful." It's moving quickly and not slowing down the committee.

#2: The committee will finish its work by summer.

#3: So even if the House changes hands . . .
. . . it won't matter.

#4: Have people already decided that the Republicans will win in 2022?

Wanna know how to suppress the vote and demoralize people? Say there is no chance so what's the point.

Idea: Don't repeat things without first thinking about them.

Lecture over.
Excellent point. And the Washington Post, no less.

I objected to the idea that the delay is "successful" and that running out the clock to November does any good.

What are his goals? Maybe:

Fundraising.
He thinks he'll win.
Seeding right-wing talking points as with the election fraud suits.

Who knows?
Also it's likely the committee already has everything it needs. Records are duplicative. Emails are copied lots of places. All you need is a few insiders turning over everything, and 300 witnsses are cooperating

More reasons this baseless doomsaying annoys me ⤵️
I also think there is a Fight, Fight, Fight mentality.

After Nixon resigned, people like Manafort and Stone were frustrated. They wanted Nixon to keep fighting.

So that's what Trump does. It keeps his supporters pumped up.
The other thing this does ⤵️is credit Trump with winning.

"Strongman Trump is beating everyone (again!)"

He probably loves when people say this kind of thing.

Really, he's a loser.

(People kept saying the election fraud lawsuits would succeed in delaying . . . They didn't.)

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More from @Teri_Kanefield

30 Dec 21
It seems to me that these filings serve multiple purposes for Trump:

🔹They keep his base fired up
🔹They help with fundraising
🔹They show that he's a "fighter"
🔹They help seed right-wing talking points
I'm arguing against the Twitter Talking Point that these are primarily delay tactics.

These cases are going very quickly and are not holding up the committee.

People said the same thing about the election lawsuits, which delayed nothing.

The truth is much more nuanced.

If everyone shouts "DELAY TACTICS" each time Trump files something in court, people miss much of what's happening.

The election lawsuits did not create any delays, but they served their purposes.
Read 17 tweets
30 Dec 21
The January 6 committee filed its response to Trump's request that the Supreme Court hear his executive privilege case.

supremecourt.gov/DocketPDF/21/2…

To compare, here's what Trump filed: supremecourt.gov/DocketPDF/21/2…

(No surprise: The committee's brief is written and argued well.)

1/
Here is how Trump's brief presented the issue ⤵️

His argument is that the select committee's request was unconstitutional, therefore, he should have gotten a preliminary injunction. He wants the Court to decide whether the request was constitutional.

Here's the problem . . .
2/ Image
To get a preliminary injunction, Trump had to show with clear evidence each of these four criteria⤵️

The likelihood of succeeding on the merits is only one element.

So far, there has not actually been a trial on the merits of whether the request was Constitutional.

3/ Image
Read 10 tweets
29 Dec 21
I think what @TimothyDSnyder is trying to say is that Tweeting isn't political activism. Even really really mean rage Tweeting doesn't actually count.

"Too much screen time makes us vulnerable to bad politics," he says.

Idea: Find out how to help administer the 2022 election.
Not long ago, Steve Bannon horrified (and terrified) people when we learned he was trying to move Trump-Coup supporters into positions administering elections.

#2 on my list is "get involved with local elections."

terikanefield.com/things-to-do/
Yes. @TimothyDSnyder talks about the pandemic and suggests that it isn't a coincidence that the coup in 2020 came after people cooped up inside.

I worked the past several elections as a volunteer lawyer and worked a polling place during the CA recall. . .
Read 5 tweets
26 Dec 21
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/
Read 15 tweets
24 Dec 21
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 21
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

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