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Jul 19 • 7 tweets • 5 min read
I asked experts if Dominion Voting Systems could now sue Trump.

Backdrop: #January6thHearings revealed Trump was well informed that accusations were false.

Upshot: Makes for a powerful case of #Defamation.

Could sue for over a billion $$.

<thread>
justsecurity.org/82447/8-top-ex…
2. First Amendment living legend, Floyd Abrams:

“Dominion would have an extremely powerful libel case against him. Statements Trump made about the company were extraordinarily defamatory, provably false and enormously harmful.”

justsecurity.org/82447/8-top-ex…
3. Professor @zahr_said (@UWSchoolofLaw):

“Holding Mr. Trump legally liable for defamation would … provide significant public and institutional censure that could herald a change in our legal system’s apparent tolerance of outright misinformation”

justsecurity.org/82447/8-top-ex…
4. @MFIADave (@MFIAclinic @YaleLawSch):

“The First Amendment provides no safe haven to those who knowingly spread lies that damage reputations ... Based on the public record, Dominion has a very strong case for defamation against Mr. Trump”

justsecurity.org/82447/8-top-ex…
5. @ProfCiara: “Dominion would have a robust defamation case against the ex-president”

Prof. @LidskyLidsky: “Dominion would potentially have a strong case.”

Prof. Timothy Zick (@WMLawSchool): “Dominion would have a very strong defamation case against Donald Trump”
6. Legal obstacles might include statute of limitations (but 2 yrs in Florida, Delaware, elsewhere) and immunity (but Judge Mehta’s recent ruling points to lack of immunity).
7/7.

Finally, note the string of successes Dominion has had in courts so far (lawsuits claiming well over a billion dollars against Trump associates etc).

Courts denied defendants’ motions to dismiss.

From @just_security January 6th Clearinghouse.

justsecurity.org/77022/january-…

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More from @rgoodlaw

Ryan Goodman Profile picture
Jul 17
A warning of profound weaknesses in US national security institutions in wake of authoritarian impulses and USG personnel who fall prey to #disinformation.

Authored by @douglaslondon5 who served in CIA's Clandestine Service for more than 34 years.

justsecurity.org/82360/us-democ…
2. “There are other Michael Flynns and Brad Johnsons still in service across America’s military, intelligence, and law enforcement communities.”
3. “Within the intelligence community, I witnessed the eager politicization to facilitate Trump’s agenda, and it was a key factor driving my retirement.”

Thank you to Doug London for writing this analysis and these reflections.

justsecurity.org/82360/us-democ…
Read 4 tweets
Ryan Goodman Profile picture
Jul 16
WSJ article says Justice Dept recently expanded #January6th probe thanks to committee's work.

Notes of caution:

1. WSJ says investigation of Trump's "orbit" and "allies." Does not say of Trump as a target.
(NYT report of inaction was keyed into latter.)
wsj.com/articles/justi…
2. Some thought assignment of U.S. Attorney Windom in late 2021 was a sign of expanding probe toward Trump.

But WSJ says: "Windom previously met with some skepticism within the department when he pushed to explore the activities of several members of Mr. Trump’s inner circle."
3. So what has changed at DOJ due to select committee's work?

WSJ says Hutchinson's testimony has "broadened SOME Justice Department officials’ view of the potential scope of the probe ... though officials said the testimony DIDN'T prompt ANY change in investigative strategy."
Read 5 tweets
Ryan Goodman Profile picture
Jul 12
What a blight on Justice Department.

Clear evidence of potential crimes in

DOJ coup attempt
threats to Georgia officials
pressure on Pence
attack on Capitol

Yet paralysis reigned at highest levels of DOJ. Trump’s name and behavior rarely even mentioned.
nytimes.com/2022/07/11/us/…
2. “Overt discussion of Mr. Trump and his behavior had been rare, except as a motive for the actions of others.”

And what has Hutchinson’s testimony done?

“Jolted” them

Jolted them to take action? To convene a grand jury? To investigate Trump as a target?

No, the answer is…
3. Hutchinson’s “electrifying public testimony … jolted top Justice Department officials into DISCUSSING the topic of Mr. Trump more directly, at times in the presence of Attorney General Merrick B. Garland and Deputy Attorney General Lisa O. Monaco.”
Read 5 tweets
Ryan Goodman Profile picture
Jun 30
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/…
Read 4 tweets
Ryan Goodman Profile picture
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
Ryan Goodman Profile picture
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

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