Screenshot so I don't give airtime to people who trade on despair, even though it seems stingy of me to deny people such an easy route to popularity and attention.

Facts:

🔹Nobody knows what is happening inside the DOJ except people who work there.

1/
🔹People who speculate on what is happening based on evidence are, well, speculating.

🔹One problem is distinguishing fact from speculation.

🔹Here's the shocker: Just because someone is a well-known lawyer doesn't mean they are right when they speculate.

2/
🔹Another shocker: Not all lawyers are smart or good lawyers.

🔹It can be very difficult to distinguish legal facts from legal opinions. If you're a nonlawyer, this is harder than distinguishing facts or speculation.

Some things are legal facts. Others are legal opinions.

3/
Much of the despair I see on Twitter comes from confusing speculation with facts.

For the record, I am not saying "be patient."
I am saying "get busy."
Need ideas? see: terikanefield.com/things-to-do/

I am not saying "Trust the system" . . .

4/
I am saying, "Any democratic system based on rule of law and democratic institutions is flawed and imperfect because they are run by imperfect people and there is constant pushback from people who dislike democratic systems."

One more . . .

5/
I am not saying "Trust the process," I am saying "understand the process."

Right:

Also if someone is drawing conclusions about, say, what is happening inside the DOJ based on clues, they are speculating.

Right?

6/
A word about prosecutors. This might get me in trouble. As a former defense lawyer, I'm often amazed by the reverence that Left Twitter has for prosecutors.

Some are good. Some are not.

Some of the "legal experts" yelling at Merrick Garland remind me of my grandfather...

7/
My grandfather used to yell at the television while he watched football. He'd rail about the poor choices made by the coaches and players.

In fact, nobody knows what is going on in the DOJ.

Nobody knows how or why they are making their decisions.

8/
I'll add that as a former defense lawyer, I often didn't like the decisions made by prosecutors 😆. But when the good ones revealed their reasoning, it was solid.

Q: Are the DOJ prosecutors better than their critics yelling at them?

A: I don't know. Time will tell.

9/
Someone emailed me a clip of a proseuctor saying something dead wrong. This happens to be a prosecutor who achieved fame but actually wasn't very good.

No, I will not tell you who.

I'll tell you what scares me more than anything else about the future of democracy.

10/
What scares me is that left-leaning media is starting to look like Fox.

During the years of the Watergate investigation, news reporting focussed on what was happening and what we were learning.

It was news. Facts. This is what happened today.

11/
Fox plays on people's fears. It keeps people glued to the screen because the Enemies Might Win.

It isn't news. It's entertainment.

When news becomes entertainment, what matters is who tells the best story, who best grips the viewers' emotions.

12/
The solution is up to us. Stick to the news and facts.

If someone is talking off the top of their heads or speculating (1) turn the channel or (2) take it with a grain of salt.

Constant rage and fear mean we can't see good news when it happens because we can't see news.

13/
I think @SuneAuken said it well ⤵️


I am careful who I follow on Twitter and I get my news from reliable sources. I see the despair in my mentions and when people show me what is sending them over the edge.

14/
To clarify: When I said the prosecutor "achieved fame" I didn't mean "achieved fame as a prosecutor." I meant media fame as a commentator, which requires a different skill set.

(I wrote quickly and it's late :)

15/

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More from @Teri_Kanefield

Feb 4
I've been saying that the way to save democracy is through civic engagement, particularly at the local level.

The right-wing understands that.

Let me tell you what's been happening in Shasta County, CA.

sacbee.com/news/californi…
The extremists, backed by outside money, are working to take over county leadership including local boards.

They want to oust conservatives who are not "conservative" enough. . . meaning they are not reactionary coup-loving extremists.
thenation.com/article/politi…
These extremists know that Trump planned and supported that coup and they love him anyway.

They know he supports white supremacists and they love him anyway.

I want Trump indicted, but I don't delude myself into thinking indicting Trump will "save" democracy.
Read 6 tweets
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?
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 27 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/
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/
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 31
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/
Read 20 tweets

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