Gabriel Malor Profile picture
Feb 15 12 tweets 3 min read
Finally got a chance to look at that Durham filing that got MAGAworld all screechy over the weekend.

Lawgeeks, here it is -->…

Some notes.
To sum up first: the motion is informing the judge of possible conflicts of interest, and asking for inquiry.

That's not the part that got MAGAworld riled.
This is the potentially juicy bit: Durham says Sussman passed on data to the FBI and another agency (probably CIA) suggesting a connection between Trump and some suspect Russia-made phones as part of the broader scheme to connect Trump and Russia in the public eye.
Some notes:
(1) "Infiltration," which zoomed through headlines and seems to be animating many of the subsequent death threats, does not appear in the motion.
(2) The claim that the allegedly false report was ordered by the Clinton campaign also does not appear in the motion.
(3) Those claims were made by Kash Patel, former stooge for ex-Rep. Nunes, who hmmm inartfully characterized the contents of the motion for FNC. They do not appear in the motion.
(4) From the motion, it appears Sussman is accused of passing on the report about data which was lawfully possessed by all parties.
(5) Durham implies that the report Sussman made was misleading bc it was incomplete, which, dear friends, is a something Durham will have to prove at trial—not something you must take his word for.
In any case, the motion is linked upthread. And here's CNN's write-up over it, including Trump's reaction.…
I don't think it's really bad news for anybody. There's no indication in the motion that the tech company or Sussman weren't supposed to be in possession of that data.

In fact, the motion suggests the tech company had a sensitive, but legal, arrangement to access it.
That's why Patel's claim that this filing proves that Trump was being spied on is a bit weird.

According to the motion, that data access started back in the Obama White House and had nothing to do with Trump.
And the hook that Durham used to get this out—that Sussman's lawyers may have a conflict of interest—is itself waivable, and indeed the motion says Sussman will waive any conflict.
Uhh, yeah, there's nothing in the motion about paying hackers to plant evidence, either.

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More from @gabrielmalor

Feb 13
"oh, you meant *those* after-action reports, my bad."
The explanation given here on condition of anonymity is that Psaki was talking about a different, forthcoming report.

But there was nothing about her statement to indicate that's what she was talking about in response to a direct question about these other reports.
To the extent that "[m]any people have wrongly conflated" the reports, as the anonymous official says, *that's on the White House*, not the reporter.
Read 4 tweets
Feb 9
For folks wondering what the Florida "don't say gay" law controversy is about, I have screengrabbed the two operative provisions.

They have the potential to create many problems for school districts, and—on their face—encourage anti-gay discrimination.…
First, the prohibition section: school districts may not encourage classroom discussion about sexual orientation in primary grade levels OR (in any grade level) in a manner that is not age-appropriate.
Problem: there are no definitions for what "encourage classroom discussion" means or what is "age-appropriate" in older grades.

This is a big problem if you're a school district trying to comply, but not run afoul of the First Amendment rights of LGBT students and teachers.
Read 19 tweets
Feb 8
11th Cir.: QI for officer who, having arrived at the wrong address after midnight, shot and killed the armed owner who came out to his driveway bc he thought he heard a prowler.

*without warning
It's after midnight. You hear something weird outside. Maybe a prowler. You grab your lawfully-owned gun. Open the garage. Walk out. You're peering around twenty seconds. All is quie—BLAM

Officer shoots you without warning.

11th Cir.: seems reasonable to us
Read 6 tweets
Feb 1
Exactly. There's just no upside to going scorched earth over this SCOTUS seat and a LOT of opportunity for reputational peril.
Part of this is people throwing grenades to settle scores over judges from the last time they were throwing grenades over judges.

Just be cool, folks.
In the immortal words of Agent J, "don't start nothin', won't be nothin'.
Read 4 tweets
Jan 16
He took hostages at a synagogue on a Saturday. Pretty sure this act of terrorism was targeted at the Jewish community, champ.
Sure, folks. When the guy whose demands weren't about Jews forced his Jewish hostages in a synagogue to call a rabbi in another state, it totally wasn't about Jews. That was just a coincidence. Coulda been calling anybody, really.
Read 9 tweets
Jan 15
Absolutely, hands down, no contest, the best uniforms to this day.
I was a high school marching band geek, and we got uniforms when I was a senior where the tunic was fastened diagonally like the Star Trek tunics, and let me tell you it was really satisfying to pull that sucker open and breath. Those were the best.
One of the many great things about this film is that half the men have bangs.

I'm not sure how I ended up on a Wrath rewatch tonight, but here we are.
Read 10 tweets

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