Ryan Goodman Profile picture
Jun 30 4 tweets 4 min read
This NYT report does not give me great confidence in the speed and depth of Justice Department investigating Trump's efforts.

DOJ blaming #January6thCommittee but ...

(@GlennThrush @lukebroadwater @nytmike report)

<thread>
nytimes.com/2022/06/29/us/…
2. On the left:

Part of the excuse here: "Ms. Hutchinson’s name has not yet appeared on ... court documents ... and she did not seem to be a primary witness before the hearings."

On the right:

The court filing on April 22, 2022 of sign. aspects of Hutchinson's interview.
3. What was known in advance of the June public hearings?

June 4. 2022 @NormEisen said: “Cassidy Hutchinson might turn out to be the next John Dean.”

in interview with @JaxAlemany @jdawsey1 @AmyEGardner
washingtonpost.com/politics/2022/…
4/4. NYT: "The federal prosecutors working on the case watched the aide’s appearance ... were just as astonished by her account of ... Trump’s increasingly desperate bid to hold on to power as other viewers."

That would not be the case if DOJ was doing its job properly.

<end>

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More from @rgoodlaw

Jun 29
A trip down memory lane

Our topic: US Secret Service "denials"

On Jan 3: @maggieNYT reports major scoop: Pence chief of staff Marc Short told VP's lead USSS agent Trump was going to turn publicly against Pence and there could be a security risk to Pence because of it.

<thread>
2. US Secret Service seems to get defensive (mistakenly) thinking this was a criticism of them.

@SecretSvcSpox responds publicly to a tweet by @MilesTaylorUSA issuing what appears to be a denial, until you look more closely at the wording. ...
3. “[T]he Secret Service had no knowledge of that conversation.”

“Had.” Not “has.”
Did he mean had none at the time but very well might have knowledge of it now?

Also “had no knowledge of that conversation” almost admits there was a conversation.
Read 5 tweets
Jun 29
On legally significant fact: USSS Bobby Engel's testimony consistent with Hutchinson.

Read @woodruffbets's scoop June 8, 2022👇

Trump wanted to join at Capitol even as violence unfolded
Trump raised privately with Engel
Engle disagreed
Drove back to WH
politico.com/news/2022/06/0…
2. "The Secret Service officials do not dispute that Trump was irate or that he demanded to be taken to the Capitol, in the language that Hutchinson related to the committee."

(@NicoleSganga @victoria_alb3 reporting)

Here's that language ...

cbsnews.com/news/secret-se…
@NicoleSganga @victoria_alb3 3. Hutchinson testimony, which the Secret Service officials do not dispute:

"Tony described him as being irate. The president said something to the effect of I'm the f'ing president, take me up to the Capitol now."
Read 4 tweets
Jun 25
"The Justice Department ... have asked Danish filmmakers for video footage recorded as they followed Trump confidant Roger Stone."

FBI "investigators expressed a particular interest in video footage the Danish team recorded in the Willard hotel."

washingtonpost.com/investigations…
2. DOJ/FBI "expressed interest ... in obtaining footage... in the two weeks after the attack ... During that period, Stone lobbied for Trump to enact what he called the 'Stone Plan' — a request for sweeping preemptive pardons to shield Stone, Republicans in Congress" and others.
3. Assistant US attorney in Washington discussed those areas of interest in April 7 call.

May 9 and June 7 emails to reiterate the request for video footage.

"The requests were made on a voluntary basis and Guldbrandsen has not been subpoenaed."

Key here is areas of interest.
Read 6 tweets
Jun 21
Some items to keep in mind for Tuesday 1pm ET #January6thHearings

Fulton County DA has criminal investigation underway (grand jury, subpoenas, more).

For these state crimes, according to the leading @BrookingsInst report, prosecutors do not need to show Trump knew he lost.👇
2. DOJ has a multi-state criminal investigation into the false electors scheme, activity that we will hear a lot about today.

DOJ subpoenas to Georgia witnesses seek communications with any "agent of Donald J. Trump."

@kpolantz reported this last month👇
cnn.com/2022/05/26/pol…
3. Federal court held: Trump-Eastman more likely than not criminally conspired to overturn the election (March '22 ruling).

In June, the court said:

“a critical objective of the January 6 plan: to have contested states certify alternate slates of electors for President Trump.”
Read 6 tweets
Jun 18
NYT headline and reporting again, with precision, nails key development in #January6thHearings.

I asked 8 former prosecutors, senior DOJ officials to analyze implications for Trump’s criminal liability.

NYT:
nytimes.com/2022/06/16/us/…

8 former DOJ:
justsecurity.org/82001/8-top-fo…

1/
2/
The scheme: Effort to pressure Pence.

The new evidence: Trump was told Pence would violate law if tried it. Trump pressed ahead anyway

Key federal offenses:

1. Obstruction
2. Conspiracy to defraud US
3. Conspiracy to Prevent an Officer from Discharging Duties, 18 USC § 372
3/ The third one – Conspiracy to Prevent an Officer from Discharging Duties – deserves special emphasis b/c it’s often overlooked in public commentary.

@emptywheel was very first, I am fairly sure, to identify its importance

DOJ charged Proud Boys and Oath Keepers with it.👇
Read 7 tweets
Jun 16
Key evidence on whether Trump “corruptly” obstructed congressional proceeding,18 USC §1512

Jan 4: Eastman, Trump’s apparent legal rep (co-conspirator, per judge Carter) admitted in front of Trump that Pence would have to violate federal law to enact their plan.

Jacob testimony.
2. As @KPNatsFan wrote:

"It is possible that the DOJ could elect to charge Trump with obstruction based solely on his own (and Eastman’s) efforts to pressure Pence to ignore his legal duties. A lead DOJ prosecutor verified the viability of that theory..."
justsecurity.org/81597/prosecut…
3. It was thanks to @joshgerstein's reporting in this piece👇that discussed the lead Justice Dept prosecutor's verifying the viability of this theory of liability for President Trump.

politico.com/news/2021/11/2…
Read 8 tweets

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