People, people, people.

To begin with, Trump is a total liar. I am not denying that.

But instead of reading a headline that announced that Trump committed perjury and demanding prosecution, let's look a little closer.

(Although I hate to take away everyone's fun)

1/
The headline says this⤵️

What happened was this. Mueller wanted to question Trump in person, but Trump refused because he wanted to avoid a "perjury trap" . . .

2/
Instead, Trump submitted written answers through his lawyers. nbcnews.com/politics/donal…

The answer he submitted was basically "I don't recall."

3/
Then, Stone's testimony in 2019 indicated that the things he said he couldn't recall actually did happen.

vox.com/2019/11/12/209…

4/
This is from the Senate Report ⤵️

So what happened is Trump submitted carefully drafted written letters saying that he didn't recall something that actually did happen.

5/
The headline everyone is unglued about makes it sound as if the Senate Report concluded that Trump committed perjury. I did a word search through the Senate reports but didn't find the word "perjury" or even "lied."

6/
The writers of the article concluded that Trump committed perjury.

They draw the conclusion from the fact that he said he didn't recall, but in fact, the meeting happened.

7/
I have no doubt he was lying.

The leap is from "he was lying" to "he committed perjury and should be prosecuted."

It seems to me that the lie is over whether he recalled.

Right?

8/
I also don't doubt that he often committed perjury.

Perjury actually requires an oath. Otherwise, it's "makig false statements."

I assume that he submitted the questions under penalty of perjury, but a quick search didn't turn that up.

9/
Did he commit perjury in this particular instance?
Maybe.

Is it a slam dunk in the "roll out the indictment" department?

Seems like it would be a silly trial, right? "Trump claims he has a good memory but he forget here so the jury can conclude he was lying."

10/
I mean, maybe he was lying when he said he had a great memory.

That wouldn't be perjury. Maybe he forgot that he always forgets so he thinks he had a great memory.

(See what happens when a defense lawyer start writing?)

11/

I want to be clear: Trump is a lying cheating criming scumbag.

What he did when he answered those questions was an offense to rule of law and everything I believe in.

12/
I am reacting to the barrage of WELL TERI WHAT DO YOU HAVE TO SAY NOW WHY ISN'T HE BEING HAULED OFF TO JAIL FOR THIS.

I'm reacting to the outrage.

Consider this. It takes 10 seconds to read a headling and tweet outrage.

It takes considerably longer to untangle the facts.

13/
That's why sometimes I dislike my role here on Twitter :)

I'm the killjoy. The spoilsport.

14/
I'm sure riling everyone up is more fun, and easier.

Regarding the defense perspective: I recently rewatched Chicago, which offers the most brilliant metaphor for the defense lawyer's job:

And now, ladies and gentlemen, the defense does a tapdance.


15/
There is a difference between being caught redhanded with an illegal substance (assuming it's illegal where he was caught) and prosecuting "I don't recall" as perjury, right?

No more false equivalences. They are always cynical.

But one day I'll tell you about time I got a good result for a client who was caught red-handed AND confessed 🔥
It can be done if there was a 4th A. violation.

Before you get cynical about rich people and their lawyers, she was indigent. I represented her as a federal defender.
Precisely why Trump submitted answers through his lawyers. His lawyers knew what he was doing.

It doesn't take a brilliant defense lawyer to conclude that "I don't recall" would be difficult (if not impossible) to prosecute as perjury.

The writer of the article doesn't seem to know the elements of perjury, which requires a sworn statement. . . .

I wasn't able to determine in a few searches whether the statements were submitted under oath—but that's beside the point.

The point is that the DOJ is smart enough to figure out that prosecuting "I don't recall" as even a false statement would be a terrible idea.

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More from @Teri_Kanefield

Feb 2
I think you mean "punished." Indictment simply means "charged with a crime" or accused.

People think Rule of Law requires that all people who break the law get punished. Nope. Let me explain.

A government needs a source of authority . . .
. . . sociologist Max Weber outlined 3 sources of authority.

The first traditional. This is the authority underlying monarchies.

Second is rule of law. This is the authority underlying democracy.

Third is what he called "charismatic leader."
Today we'd say "demagogue" or "strongman." This is the source of authority underlying fascist governments.

So if the source of authority is a body of law and not the whim of a king or the commands of a strongman, you have a democracy.

When rule of law breaks down . . .
Read 8 tweets
Feb 2
Person: There should be indictments by now!

Me: 768 indictments so far, including Steve Bannon and a recent indictment for seditious conspiracy. . .
in an investigation that is ongoing. . .
in less than a year, during a pandemic.

Person: NONE OF THOSE COUNT.
⤵️The Trump Org, Paul Manafort, Michael Flynn, Allen Weisselberg, George Papadopoulos, Rick Gates, George Nader, Michael Cohen, Lev Parnas. . .

Two impeachments.

The Mueller team indicted or got guilty pleas from 34 people and 3 companies.

But none of those count, right? Image
Wrong about what?

I've said what has happened already.
I make no future predictions.

Person #1: There have been no indictments.

Me: Yes there have been (and I list them)

Person #2: Will you admit you're wrong?

Read 11 tweets
Feb 1
Read this announcement carefully.

I doubt Trump wrote it, but the argument is "why do they need to pass a law against what we tried to do if what we tried to do was illegal?"

This is the attitude he has always had toward the law, and it's the attitude his father had.

1/ Image
I'm not saying this will work as a defense.

As I said earlier, in the criminal context, most defenses fail (ask any criminal defense lawyer).

I'm saying that it's not an admission of guilt. It's a convoluted argument that what he wanted Pence to do wasn't illegal.

2/ Image
In fact, the law that Democrats and a few others are trying to pass is to clarify the Electoral Count Act so people don't get the idea the vice president can win the election.

As I said earlier, Trump usually loses in court.
This is for the Court of Right-Wing Opinion.

3/
Read 5 tweets
Jan 31
Outrage is not productive. I'd wager that the only people who think it is, are those who profit from outrage in some way.

Take FOX. Their business model is to keep their viewers glued to the screen with fear and outrage.

I'd say it's counterproductive . . .
. . . when you're spinning with outrage, you can't think or plan. Too much outrage leads people to think it's all hopeless, which leads to cynicism, which leads to nihilism.

In life-threatening emergencies, cool heads save lives . . .

terikanefield.com/things-to-do/
The question is: How do we save democracy?

Do we jump to conclusions from headlines and keep everyone spinning with outrage?

Or do we plan how we can get more Democrats into office in the 2022 elections?

terikanefield.com/things-to-do/
Read 6 tweets
Jan 30
This is how he will create the narrative that any prosecution is political. For Trump, the truth doesn’t matter. What matters is that enough people believe it.
This defense won't matter in court, but Trump always loses in court.

He will create the narrative which the entire right-wing will believe.

People need to understand what is coming.
The idea that prosecuting Trump will put an end to the threat of right-wing fascism in America is pure fantasy.

That fantasy now takes the shape of "if he had been prosecuted sooner none of this would be happening."

The same people said, "Impeach him to end this nonsense!"
Read 7 tweets
Jan 29
What we're up against: I just tore a sign off the traffic light near my house that said this ⤵️

It's easy to come up with catchy and appealing slogans when you're not worried about truth and you are targeting people who resist nuance.
Yes, the right-wing kooks in my neighborhood put stickers on public property.

I do my public duty by tearing them down.
The owner of a business in my area put up a sign that said she was having trouble hiring people because of Biden's socialist handouts. I asked her whether she offers benefits and a good wage. The conversation didn't go well after that.
Read 5 tweets

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