THREAD on VANKY and JUNIOR's MOTION TO QUASH: Just finished recording @aisle45pod for this Wednesday where Andrew and I break down the trump's motion to quash Tish James' subpoenas, and here's an interesting idea: 1/
The trumps contend that her subpoena in the civil case is an end run around their right to a grand jury indictment because civil cases don't have grand juries, and if they plead the 5th, that allows for an "adverse inference instruction." 2/
That means pleading the fifth can be used against you in a civil case, but it can't be used against you in a criminal case. So that's the "harm" they're arguing; that pleading the fifth could be used against them. 3/
So all @TishJames has to do in her opposition to quash is say that she won't give an adverse inference instruction (she won't use pleading the fifth against them). Blows apart their entire argument. Listen to us go over it in detail on @aisle45pod this Wednesday. END

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More from @MuellerSheWrote

2 Jan
QUESTIONS THREAD for legal twitter: attn prosecutors @glennkirschner2 @eliehonig @JoyceWhiteVance @JillWineBanks @BarbMcQuade @renato_mariotti

What evidence will DoJ need to be able to indict trump for 18 U.S. Code § 1512(c)(2) obstructing an official proceeding? 1/
Liz Cheney keeps saying that Donald, through action or INACTION, did with corrupt intent impede or attempt to impede an official proceeding. "Official proceeding" is covered as 5 judges now have ruled that the certification of the electoral votes IS an official proceeding. 2/
And as far as "through action did impede or attempted to impede", you could argue that his actions - such as trying to pressure Pence to throw out electors, or inciting the riot by telling people he'd march to the capitol with them - did impede the proceeding. 3/
Read 14 tweets
1 Jan
THREAD: How wrong is this article? Let me count the ways. 1/…
Let’s start with the headline. “DoJ doesn’t seem willing to penalize Trump rioters with serious crimes.” First, at least 275 defendants have been charged with obstructing an official proceeding. Same sentence as seditious conspiracy : max 20 years. 2/
And at least 40 have been charged with conspiracy - either: (a) conspiracy to obstruct a congressional proceeding, (b) conspiracy to obstruct law enforcement during a civil disorder, (c) conspiracy to injure an officer, or (d) some combination of the three. 3/
Read 9 tweets
30 Dec 21
BREAKING: People under current DoJ criminal investigation for their role in the trump election lawsuits hosted gatherings to plot to overturn 2020 with multiple people including those with ties to John Eastman and the Arizona fraudit. 1/…
Lin Wood says he hosted numerous election conspiracy theorists at his plantation properties in South Carolina including Sidney Powell, Mike Flynn, Patrick Byrne (overstock) and Doug Logan (Cyber Ninja CEO). 2/
Jim ape rose also attended. He met with John Eastman - author of the six-point coup memo - on 1/5 according to @SethAbramson 3/
Read 5 tweets
28 Dec 21
We may be looking at a DoJ intent on insulating itself from politicization by waiting for criminal referrals from the J6 committee and the DoJ IG before it begins investigating the leaders of the coup. Do I agree with that plan? No. But it might be what we’re looking at. 1/
It’s important to note that the J6 committee says they will be done before the midterms, and that IF the GOP takes the house, they can gum up the works but they cannot stop a DoJ investigation 2/
If DoJ waits for referrals, they’ll likely be done with their probe by 2024. If republicans get the White House, they’ll simply pardon everyone anyhow. 3/
Read 6 tweets
28 Dec 21
Navarro tells @thedailybeast part of the plan to pressure Pence was to force media outlets to cover republican objections on 1/6. Most news outlets wouldn’t cover trump’s conspiracy theories, but they could bypass that with 24 hours of coverage of the delayed 1/6 proceeding
Read 4 tweets
22 Dec 21
BREAKING: after a trump judge recused herself from Flynn’s lawsuit, it was given to a GW appointee (Judge Scriven) who has just DENIED Flynn’s motion for a temp restraining order to block the 1/6 committee’s subpoena of his phone records.
First, Flynn failed to notify the committee he was filing the restraining order as required by rule 65(b)(1)(B)
Second, Flynn failed to show irreparable injury, loss, or damage pursuant to rule 65(b)(1)(A).
Read 4 tweets

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