1/ AG Garland/DOJ poor decision to defend Trump against Jean Carroll's defamation lawsuit based on theory that Trump acted w/in scope of his office in saying Carroll lied in accusing him of rape but DOJ theory undercut by Trump lawyers arguments President not a federal employee-
2/ In Mar-a-Lago case Trump lawyer argued in letter to DOJ that Trump - as President - is not a federal employee for purposes of a charge of unauthorized removal or retention of classified documents or material 18 USC 1924(a) kudos/tks to @rgoodlaw for this source:
4/DOJ is arguing to continue AG Barr's decision to defend Trump under law known as Westfall Act that DOJ will defend federal employees sued for acts taken within scope of their federal employment 28 USC 2679 which is wrong on many levels starting with - law.cornell.edu/uscode/text/28…
5/ Ludicrous that Trump calling Jean Carroll a liar for accusing him of rape is in any way related to his duties as President - this strained interpretation of law was part of Barr's using DOJ as a political weapon for Trump and AG Garland should disavow or -
6/ DOJ at the very least should consult their "client" - Trump - in taking legal position adverse to Trump's own ie. Trump says DOJ can't charge him in one matter bc he is not a federal employee but DOJ insists he is one in order to defend him in different matter. @kaplanrobbie
7/ Question of whether Trump federal employee sent by US Court of Appeals for Second Circuit to DC Court of Appeals to decide:
1/ Political parties & candidates will always criticize opponents but Republican criticism of Biden administration & Democrats extraordinarily dependant upon dual foundation of ignorance & embrace of hate - they use hate as a substitute for solutions.
Republicans need to ignore: economic indicators that show strong improvement after a global pandemic - "kitchen table issues" is code in politics for how to spin real economic data into a negative;
1/ Key takeaways from analysis of causes of our slide towards authoritarianism: an un-representaive Congress whose leadership increasingly supports violence advocating extremists & installs a Supreme Court whose rulings do not reflect views of majority. nyti.ms/3Ul6SbN
"Two parts of the country that are disproportionately Black or Latino — Washington, D.C., and Puerto Rico — have no Senate representation...As a result, the Senate gives a political voice to white Americans that is greater than their numbers." nyti.ms/3Ul6SbN
What's wrong with this picture: "Democratic Senators effectively represent 186 million Americans while the 50 Republican Senators effectively represent 145 million" nyti.ms/3Ul6SbN
Give me a break - Chief Justice John Roberts says it is "gut-wrenching" to drive past barricades everyday at Supreme Court - for starters he should try being a woman being denied control over her own body to understand "gut-wrenching" - maybe if he actually tried to reform SCOTUS
If Chief Justice John Roberts actually did something to reform the Supreme Court like take action against Justice Clarence Thomas for his conflict of interest over Ginni Thomas support of insurrectionists
If Chief Justice John Roberts actually did something to reform Supreme Court like adopting a code of ethics so that SCOTUS would not be the only judges in the land with no code of ethics
1/ Implicit in DOJ's notice they will appeal Trump appointee Judge Canon's wrongful opinion appointing Special Master in Mar-A-Lago search warrant & seek partial stay is this point: Only real accomplishment of Canon's decision would be to impede criminal investigation of Trump.
DOJ points out that review of the national security documents inextricably entwined w/ criminal investigation so to stop one is to stop the other -
"the injunction against using classified records in the criminal investigation could impeded efforts to identify existence of any additional classified records that are not being properly stored - which itself presents the potential for ongoing risk to national security."
1/ Trump appointed judge Cannon has enjoined AG Garland DOJ from reviewing documents seized in Mar-A-Lago search warrant altho she "generously"allows national security review-deeply flawed & dangerous opinion as it legitimizes derailing of criminal investigations via injunction.
DOJ must continue to fight this attack on the integrity of the criminal justice system. A really gutsy move by AG Garland & DOJ would be to appeal while defying her attempt to derail a criminal investigation.
Thread: First take on Team Trump's response to DOJ's powerful pleading late last night: Team Trump response pretty light on legal citations & pretty heavy on trying to blur lines
1. Trump lawyers trash basic first-year law school 4th Amendment doctrines in trying to attack search warrant in their request for a Special Master. "The 4th Amendment protects people not places" - Justice Potte & that protection is safeguarded by courts not Special Masters.
2. Trump lawyers consistently seek to blur distinction between attorney-client privilege versus executive privilege despite fact that Special Masters when used in criminal cases used for attorney-client privilege review in searches of lawyer offices.