This is precisely the confusion people have.

Yes, this was reported from an anonymous source in the press. Anonymous sources reported in the press is not admissible evidence in court.

(Talking about the reporting that Trump watched the coverage of the insurrection on T.V.)

1/
To bring charges (or convict) prosecutors need evidence that is admissible in court.

Of course, the committee is not a law enforcement body and can't bring charges, but they've said they are coordinating with other agencies to avoid duplication of effort.

Anyway . . .

2/
People see reporting in the newspaper and say, "See there is evidence! Why haven't these people been charged yet!"

Or, "ho, hum, I read about that in the newspaper, so I know he's guilty, so what the heck is taking so long?"

3/
What's taking so long is that we don't convict people in the press, and prosecutors don't charge people based on hearsay (anonymous sources in newspapers).

I assume that all this evidence will be handed over to the DOJ. (I don't know what the DOJ is doing, and either do you)

4/
But if you missed it, here is the last statement from the DOJ:
You mean we need, like, evidentiary support?"

I have a funny law school evidence story. (I told it before, but I like it, so here it is again.)

I introduced my then 12-year old stepson to my law school evidence professor . . .
. .. later, he said, "Did you notice he gave you a funny look when you told me that he teaches evidence."

I hadn't noticed. "Why did he do that?"

"Because you said he teaches evidence! You can't teach evidence! Either it's evidence, or it isn't!"

Sigh . . .
. . . to think I wasted a whole semester in a course entitled "evidence."
I'll add this here (even though I digressed with a story)

One reason people don't see these as signs is they're not paying attention.

Also: They don't think such an investigation is necessary.

"He committed crimes on TV! So just arrest him now!"

Every crime has multiple elements, and prosecutors need to prove EACH element beyond a reasonable doubt to a jury, including an element showing state of mind.
"Rule of law hasn't always been followed—look at how minorities have often been treated under the law—so why is this DOJ being ethical in Trump's case" isn't the compelling argument that a lot of people think it is.
I love it. Thank you.

The criminal justice system doesn't always work as it should is not a good argument for trampling rule of law in a high-profile case.

In fact, trampling rule of law in a high-profile case is a good way to destroy rule of law.
Here you go. Another person in my mentions explaining why rule of law should be ignored in Trump's case.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Teri Kanefield

Teri Kanefield Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @Teri_Kanefield

3 Jan
Both, and more.

This happens to be what I wrote about this week on my blog.

What is the point of all of these (losing) lawsuits and challenges?

My conclusion: It's not so much about delay as it is about undermining the legitimacy of government.

1/
It seems to me that these filings serve multiple purposes for Trump, including:

They keep his base fired up, they help with fundraising, and they show that he’s a “fighter.”

They help seed right-wing talking points.

2/
The "fighter" mentality:

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

They thought he was driven from office by a biased liberal media.

Well, now they have their own media.

3/
Read 6 tweets
1 Jan
The full DOJ statement is here: justice.gov/usao-dc/one-ye…

It's worth reading.

Also, no, Garland is not going to do what Comey did in 2016 and talk about ongoing investigations.
"The Department of Justice’s resolve to hold accountable those who committed crimes on Jan. 6, 2021, has not, and will not, wane."
justice.gov/usao-dc/one-ye…

It's what Garland has been saying since last March.

It's the most you'll get because the DOJ is run by rule-of-law people.
And people got so used to Trump telling the DOJ what to do, that they think Biden should do the same.

A pillar of democracy is prosecutorial independence.

Read 4 tweets
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 18 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/
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/
Read 10 tweets
30 Dec 21
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/
Read 14 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

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(