Teri Kanefield Profile picture
Feb 18, 2022 8 tweets 4 min read Read on X
Trump lost in court THREE MORE TIMES today.

Trump tried to get all three of these cases⤵️ dismissed and lost. I analyzed one of the cases last April, Blassingame, here: (Transcript on my blog.)

He tends not to do well in court, where facts matter.

1/
The defendants made the following arguments (screenshot #1)

Trump also claims, among other things, that he has absolute immunity. (#2)

It turns out that the absolute immunity question isn't as easy as you might think (but Trump still lost).

2/
If you want to get caught up on one of the cases, my analysis from last April is here:terikanefield.com/blassingame-v-…

And here:

You can read the court's decision here: storage.courtlistener.com/recap/gov.usco…

3/
Meanwhile, I'll have to come back and finish this thread later.

Real Life Is Intruding on my Twitter Life 😆
Plaintiffs are seeking damages from the insurrection Trump incited.

Trump claims that he can't be sued for actions taken as president. He claims as president he has a duty to make sure laws are enforced, which includes the Electoral Count act and certification of the vote.
4/
He also says that the president, as part of his job, can speak on matters of public importance.

Problem #1: It is not the president's business to monitor what Congress does (and Congress certifies the vote.)

5/
Problem #2: When the court analyzed whether Trump's words inciting the insurrection were in "performance of an official act" it didn't come out well for Trump.

The court marched through some examples that were certainly not in performance of an official act:

6/
Lots of other examples and arguments but the bottom line is that these cases go forward.

In contrast, almost all of Trump's election fraud lawsuits were dismissed at this stage.

Poor Trump. Legal troubles coming at him from all sides.

(I don't really feel sorry for him)

7/

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More from @Teri_Kanefield

Apr 29
Everyone will have a different opinion of the strength of the Manhattan criminal case against Trump.

I am offering no opinions on the strength or who will prevail.

I am saying that people are working too hard to explain the case and figure out the legal theory.

1/
The prosecution has everyone confused because they are framing the case as "election fraud" and "election interference" so everyone is trying to connect the crimes we know about to "election fraud."

2/

terikanefield.com/wheres-the-bee…
The legal theory of the case should be clear.

This would be clear: "It is election fraud. Here is how the evidence will support a charge of election fraud." Then show how the behavior supports election fraud.

Does this mean the prosecution will lose? No.

3/
Read 10 tweets
Mar 11
Finished. (Whew)

As promised, all about Legal pundits and the Outrage Industry, with a few cherished conspiracy theories carefully debunked.

Click here to start:

For years, I was perplexed by what I saw on Twitter. . .

1/ terikanefield.com/can-democracy-…
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It seemed to me that the dynamics of social media were making people more authoritarian.

Then I started reading experts in political communication and it all started making sense.


2/ terikanefield.com/can-democracy-…
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I wrote parts 1 - 5 in November. I thought I was finished, but I wasn't.

There were still things I didn't understand.

Writers often write to understand, so I kept reading, thinking, and writing.



3/ terikanefield.com/can-democracy-…
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Read 5 tweets
Mar 9
Whew! I finished.



Everything I promised: How to listen (or not listen) to legal pundits.

It's also about what is dangerous about the entire industry of punditry, speculation, and cable talk shows.

1/terikanefield.com/invented-narra…

For years I was perplexed by what I was seeing on left-leaning Twitter, political blogs, and partisan reporting.

I had the feeling that, in its way, what I was seeing was comparable to Fox: Lots of bad information and even unhinged conspiracy theories.
2terikanefield.com/invented-narra…
Of course, if I suggested that, I was blasted for "both-sidesing."

Then I discovered an area of scholarship: Communications and the overlap between communications and political science.

I read these books and light bulbs went on.

3/ Image
Read 11 tweets
Mar 2
If Trump can win with everything we know about him, what make people think a finding of guilt would change that?

It makes no sense.
Also what if the jury acquits? It can happen.

I do recall the same people thought impeachment and indictment would cause Trump to crumble.
Another contradiction: when people demanded indictments RIGHT NOW (in 2021 and early 2022) the reason was, "Everyone knows he's guilty! Look at all the evidence!"

We saw the J6 committee findings.

Trump isn't saying "I didn't do it." He's saying, "I had the right to do it."

2
We all know what he did. The question is, "Do people want a president who acts like Trump?"

A lot of people do.

People show me polls that a guilty finding would change minds.

I say rubbish. Use common sense. He lost in 2020 and he lost the popular vote in 2016. . .

3/
Read 6 tweets
Feb 29
The news takes 2 minutes to convey.

"Here is what the court did." That is news.

Listening to people speculate about why the court did it and what it means is not news.

It is entertainment.

But it is a special kind of entertainment.

1/
. . . because it is designed to keep people hooked. People need to stay glued to the screen for hour after hour.

But to hook people, you need to scare them. The Facebook whistleblower testified that content that produces strong emotions like anger gets more engagement.

2/
Fox does the same thing. There is a few minutes of news, but the facts get lost as commentators and TV personalities speculate and scare their audiences.

Before you yell at me for comparing MSNBC to FOX, read all of this:

3/terikanefield.com/can-democracy-…
Read 5 tweets
Feb 29
If I write another blog post addressing the outrage cycle here on Twitter and in the MSNBC ecosystem, it will be to explore why so many people who believe they are liberal or progressive actually want a police state.

1/
Today alone, a handful of people who consider themselves liberal or progressive told me that the "traitors need to be arrested and prosecuted."

In 2019, back when I wore myself out tamping down misinformation, I explained the legal meaning of treason.

2/
Back then, I now realize, people asked politely: "Can Trump be prosecuted for treason (over the Russia election stuff).

I explained that wouldn't happen.

Now it's different. It's more like fascist chants.

3/
Read 4 tweets

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