Margot Cleveland Profile picture
Apr 5, 2022 48 tweets 14 min read Read on X
THREAD: Lots of filings hit in Sussmann. Check this out. Was this on Baker's phone the OIG didn't share with Durham until someone else mentioned it?
2/ This provides another great example of the big circle hug the Clinton Campaign used, feeding media and FBI same fake story, and then media uses FBI to give story credibility and FBI uses media to give its investigation credibility.
3/ I think this is first time, Durham spoke of the motive here, but that will be key at trial for the jury to "get" it.
4/ Interesting!!
5/ See how DC law is on this point--doesn't have to be illegal conspiracy--so Durham doesn't have to prove they other members committed a crime to get it admitted.
6/ Imagine that--Elias can't recall.
7/ WHOA: The CEO??
8/ Interesting to see the Clinton Campaign folks "connected"
9/ Not sure if we knew this or not?
10/ Yup, again State Department is front and center.
11/ Interesting re Researcher #2:
12/ Curious if Sussmann told Baker that the three "differrent" white papers were by folks all working together?
13/ WHOA. So who was working with April who was killing herself and needs some positive encouragement?
14/ I still don't know how to read this:
15/ Yup! That's why even those not criminally culpable are morally culpable.. See also yesterday's article. thefederalist.com/2022/04/04/the…
16/ "Plausibility." Yup, great standard for cyber security experts to want to have sold to American people of a conspiracy against a political enemy!
17/ Dang. I wish Research 1 was still oblivious that his communications via Ga Tech email were subject to FOIA.
18/ So is Dagon suggesting the data collection violated Trump's privacy rights (absent criminal conduct which therre was none?)
19/ "Where people nee to make a decision how to vote." Yup, that's precisely what this was about. Shame on them.
20/ Holy Sh!T:
21/ Who's the conspiracy theorists again?
22/ So, Durham's team doesn't need to say the data is fake--they need only say there were serious doubts & that explains motive or the lie. AND that also connects to materiality. That was wise move b/c you don't jury thinking it matters is true or false for issue on trial.
23/ Was this in the white paper Researcher 1 reviewed?
23/ These are three pieces of 404(b) evidence Durham seeks to admit. 404(b) evidence is evience of other bad acts, crimes, etc. You can't present that evidence to say "once a drug dealer, always a drug dealer," but you can to show motive, intent or other things.
24/ Argument that statement to CIA is admissible because it fits this scenario.
25/ Also shows intent:
26/ Durham wants to also make sure Sussmann doesn't spin as a political witchhunt
27/ And citing Stone case here:
28/ Media conveniently ignores this about Durham:
29/ Yes, Clinton Campaign knew exactly what was going on!
30/ KNEE DEEP:
31/ Again, the gov't believes white papers are false but wisely isn't making that an issue.
32/ I'm confused that Sussmann's attorneys would pen this line given the text message...
33/ So we now know who's notes they were for sure.
34/ This ties in perfectly with my article yesterday. They didn't ask b/c they worked with cyber security folks all the time and trusted them
35/ Imagine that, Sussmann's friend didn't remember what he said
36/ Sussmann wants cases tossed unless Joffe given immunity...
37/ So more details here re the investigation re Joffe:
38/ This will be very interesting when Government responds to these arguments!
39/ Who did they/will they grant immunity to?
40/ Durham trying to get Joffe to cooperate.
40/ So this is what they want Joffe to testify to. Durham hasn't claimed Clinton retained him. All of this seems silly given text Sussmann sent to Durham, which was NOT mentione in indictment, leading me to think it was only discovered on phone OIG had belatedly shared!!
41/ Ha. Sussmann's attorney cite Trump v. Clinton as basis to argue evidence is merely a political hit.
42/ Again this goes to yesterday's article on trust in cyber security experts and the breadth of information they have.
43/ Expert data on this point--in context makes sense...to show motive.
44/ So could "motive" be shown if Sussmann didn't know? Does Durham have evidence that Sussmann knew? OR is it relevant b/c Sussmann allegedly said contacts wanted to remain anon. to show WHY they did?
45/ Wait! @McAdooGordon is that the reasonable inference? That Durham "seeks to call Steele"?
46/ And as @McAdooGordon highlighested soon after the indictment dropped....

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More from @ProfMJCleveland

Nov 6
OMgosh. This judge is BONKERS! 1/ Image
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2/ Here's argument: Trump Administration can't "fix" state's incompetence or its system of distributing money. And it is ridiculous to say it is arbitrary and capricious to keep money for kids food for kids food. Image
3/ How in the hell does this judge think he has the authority to force the administration to take money from another program to pay SNAP benefits? Image
Read 4 tweets
Nov 5
THREAD on challenge to tariff: Opening this is tax. Common sense: Implausible Congress meant to let President to overhaul tariff. It is a one-way ratchet. It is a "sanction" statute, not a tariff statute.
1/
2/ Attorney: Verbs deal with embargoes but nothing about raising revenue. Many statute tariffs: Have many limits, this statute doesn't. Statutes say "tariffs" or equivalent.
Thomas: Going back to non-delegation point if, wouldn't that apply to embargoes.
Attorney: No. We aren't saying you can't delegate tariff you need to give "intelligent principles".
Justice Roberts: Foreign facing tax, but isn't that core power of Article II...and quite effective in achieving certain objectives.
Attorney: Think of this as Article I and Article II. Tariffs have foreign policy implications but founders gave that in Article I section 8 to Congress.
Justice Kavanaugh: If tariff were in the statute would that be acceptable and constitutionally permissible.
Attorney: Congress grant that authority to Presidents.
ME: WOW. He doesn't believe in non-delegation.
Justice Kavanaugh: What does Nixon stand for? Did Congress aware of that? Nixon announced in nationwide prime time speech, it wasn't a little piece of paper. Why didn't Congress change language?
Attorney: Nixon didn't rely on that statute and Nixon disagreed statute applied. The Circuit Court of Appeals decision doesn't change plain meaning. And even if Congress knew about it that doesn't help because case didn't say "unlimited authority," and use another statute. This president has torn up entire tariff architecture that Congress created.
3/ Justice Alito (?): Start with "regulate importation" would you agree that includes fees.
Attorney: NO.
Alito: "Regulate admission to park" can that include fee.
Attorney: Not helpful answer. Tries to distinguish from tariffs.
Alito: Are tariffs always revenue raising? What if imposed tariff to take effect in 90 days and agreement is reached is that a tax?
Attorney: This is obviously revenue raising. Taxation is different.
Alito: You cite many different provisions, what if imposed in an emergency?
Attorney: You need more precisions. Never has Congress added a tariff authority.
Read 14 tweets
Nov 5
THREAD: SCOTUS Tariff argument live summary. 1/
2/ John Sauer opens with summary of why Trump has power, framing as foreign affairs.
Thomas: Ask why major question doctrine doesn't apply.
Sauer: In foreign affair context, you expect Congress to give major powers, since he has Article 2 power.
Justice Kagan (I think): What kind of Article 2 powers are you relying on.
Sauer: President has broad authority in foreign affairs.
3/ Sauer: Article 2 power PLUS sweeping delegation by Congress and we are giving you Article 1. We aren't saying it is power to tax, but to regulate.
Justice Alito (?): Damsin Moore (spelling). We said very narrow, we confined to very questions in that yet you keep citing. Different provision of federal statute.
Sauer: We don't dispute narrow opinion but say it addressed same principles that apply here.
Justice Kagan (?): I just don't understand this argument. You are saying this isn't tax but it is a tax. You are saying this is regulatory but I don't understand this argument. Or that foreign powers or even an emergency say it can do away with major questions doctrine.
Sauer: Court has never applied in foreign affair.
Justice Kagan: Could have declared a national emergency in global warning and then forgiven student loans.
Sauer: gets cut off again.
Justice Kagan: Why does Congress always use tariff and regulate but not here.
Sauer: Cites another case but cut off.
Justice Kagan: cuts off again. AUGH. I think she has a good point but can't follow because she cuts off Sauer.
Read 15 tweets
Nov 3
This is going to be one hot mess for the states to figure out! Image
2/ This is what you ordered, your honor: Image
3/ But, yeah, we're not going to starve kids: Image
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Read 8 tweets
Nov 3
THREAD: From the criminal information re the alleged Dearborn terrorist to gay night clubs in Ferndale, Michigan. 1/ Image
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2/ That quote is found here: icsr.info/2014/04/22/ics…Image
3/ Full report is here: icsr.info/wp-content/upl…
Read 7 tweets

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