Here we have the Supreme Court's response to Trump's executive privilege appeal.

This is not a good day for Donald Trump.

Look's like the Trump White House docs are going to the Jan. 6th select committee.

documentcloud.org/documents/2118…

1/
I would have been shocked if they took it. This is a blow to all the Trump allies saying they don't have to comply with the select committee because of executive privilege.

Trump can try again with future tranches of docs -- if he enjoys losing 🤣.

2/

Trump tried to argue that his appeal raised serious constitutional issues.

SCOTUS wasn't buying it.

Remember, this was an appeal from the denial of a preliminary injunction.

In fact, Trump failed to show why he should get a preliminary injunction.

3/
This is a bit of a slam. Even if he were the incumbent president, his claims would fail (because he failed to meet the requirements for getting a preliminary injunction!)

Only Thomas would have granted the application.

4/
And nobody wins as biggly or as often in the Biggliest Supremer court as Trump. Believe me. It's incredible.

Continuing right along, after that little interlude.

What does this mean? Because Trump was appealing from the denial of a preliminary injunction, it was only partly on the merits.

To get a preliminary injunction, he needed to meet 4 elements. He didn't. So he failed.

5/
He might stand a better chance of getting into the Supreme Court on the merits . . . but here's the kicker.

By the time that happens, the select committee will already have all the docs and will probably be entirely finished and will have done live their hearings . . .

6/
. . . so the issue will be moot as far as Trump is concerned.

In other words, the slowness of the courts will HURT him for once instead of work to his benefit.

Poor Trump 🎻

7/
Kavanaugh's statement is sort of convoluted.

As I read it, he doesn't like some of the language in the appellate court opinion, so basically he's just restating (reaffirming) the doctrine from US v. Nixon and saying that Trump loses anyway.

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More from @Teri_Kanefield

Jan 20
It's just easier to destroy rule of law than to preserve it.

It's easier to dismantle a government than to use government to improve the lives of the people, particularly when another party is trying to dismantle the government.

That's why Republicans have the easier task.
Huge advantage: Right-wing authoritarians fall in line. They prefer to move in lockstep.

On the other hand, if you want to move forward and improve people's lives, there are lots of different paths and people disagree on how to best move forward.
A lot of Americans don't think the purpose of government is to help people.

When I was a public appellate defender, someone told me, "My tax dollars shouldn't pay for a poor person's defense."

(I was horrified by the kind of world he wanted to live in)
Read 5 tweets
Jan 19
Well.

Letitia James filed a motion to compel Trump, Jr., and Ivanka to comply with her earlier subpoenas.

She wants a court order forcing them to comply and to turn over documents.

The Trumps have legal troubles left and right.

The motion is here: ag.ny.gov/sites/default/…
Short version: The Trumps are liars and cheaters.

This should matter. Trump came to power on two lies
🔹"I'm a successful businessman" positioning him as a strongman and winner, and
🔹Birtherism, signaling that he was a white supremacist tapping into white grievance.

1/
Back when I was naive (2015) I thought it would matter if his base had to grapple with the fact that he wasn't successful: He inherited wealth and then cheated and swindled.

Now I'm afraid lie #2 Birtherism matters more and brazen lying and cheating is part of his appeal.

2/
Read 14 tweets
Jan 19
The question is how to make the public "understand."

We live in an age of disinformation. Lots of people watch Fox News and believe what they see.

There are a few ways I think about this.

First, who out there hasn't already formed an opinion about what happened on Jan. 6?

1/
On one hand, I believe that direct evidence will come out making it hard to deny that Trump committed crimes.

On the other hand, the Republicans have long seen lawbreaking as a badge of honor.

They glorify lawbreaking . . .

2/ Image
There is a fantasy that indictments will create a huge change in how people vote. I don't think that.

Can you imagine these guys saying, "Trump got indicted! Oh no! He's in big trouble! We should fold up shop and learn to love liberal democracy."

I don't think so.

3/ Image
Read 18 tweets
Jan 18
But . . but . . . I was absolutely assured that the DOJ is not investigating Trump.

My position has been: I'll take Merrick Garland at his word because I have no reason not to, and Garland said the DOJ is working its way up and following the facts.

s3.documentcloud.org/documents/2118…
There is no ticking clock. That's an invented thing.

There is nothing for me to be "right" about.

I promise no results.

I'm simply repeating what Garland said because I have no reason to think he's lying or conducting this investigation incompetently.
Read 4 tweets
Jan 16
This is where I trip up.

Nobody really thought that those forged electoral certificates would have "fooled" anyone at the National Archives.

Suppose Pence had declared Trump the winner, what then?

Would a few hundred million Americas just say, okay cool?

1/
But how would that work? Who would make up the two armies?

One side would be the Proud Boys, Oath Keepers, and other white power militia groups.

They couldn't win unless the US military joined them, so really, it would be a military coup.



2/
But under the insurrection act, the military would still have to be willing to keep Trump in power beyond January 20, the date, under the constitution, his presidency ends . . .

. . . which would make it a military coup.

3/
Read 33 tweets
Jan 15
High up on my to-do list for saving democracy is to get involved with local politics including school boards.

The way to save democracy is with more democracy, including more civic engagement.

It's a lot of work.

Need ideas? See my to-do list:
terikanefield.com/things-to-do/
People have the idea that indictments of political figures will save democracy.

I've written about what's wrong with that idea. See, for example⤵️ (there is a transcript on my blog).

The idea that there is a magic bullet is also sort of lazy.
I live in a blue town in a blue state (in a sea of pink). The right-wing is very energetically vying for control over the local school board and local government.

Meanwhile, other people have the idea that if Trump gets indicted the right-wing will crumble . . . so they wait.
Read 8 tweets

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