Ryan Goodman Profile picture
Oct 20 7 tweets 5 min read
1/ This is a big deal.

CNN Scoop (by @kpolantz @ZcohenCNN), which I just discussed on @OutFrontCNN with @ErinBurnett

"[Kash] Patel spent several hours" before DC grand jury on MAL investigation.

<thread>
cnn.com/2022/10/20/pol…
2. A key question I'd bet federal prosecutors asked Patel:

Were you acting as an agent of, or in concert with, Donald J. Trump when you described, repeatedly, Trump's plan to publicly disseminate the documents.

Reupping this analysis I wrote.

justsecurity.org/82723/trump-as…
3. That @just_security article built off of the scoop published by @abcnews (@wsteaks @alex_mallin
@KFaulders)

abcnews.go.com/US/weeks-mar-l…
.
4. Another key question I'd bet prosecutors asked Patel:

You have sometimes suggested you may have had access to MAL documents, that you knew their content.

Did you?

If the answer is yes, it will get Trump into a huge new problem for dissemination of national defense info.
5. Another key line of questions prosecutors will ask Patel:

What's this nonsense about you being present when Trump magically verbally declassified documents or had a standing order to do so?

What @AWeissmann_ says here is, of course, spot on.👇

6. Patel going before grand jury is also, as @AWeissmann_ says, "shows Trump is target and DOJ is heading toward indictment."

That dovetails with what I discussed on @OutFrontCNN. Patel is the inner, inner circle for Trump when it comes to the MAL investigation.
7. Note the location of that federal grand jury:

The District of Columbia.

Goes to where DOJ is most likely to bring an indictment (not in Florida).

Read @tribelaw, Philip A Lacovara and Dennis Aftergut's analysis for why that's the right call.

justsecurity.org/82962/when-whe…

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More from @rgoodlaw

Oct 20
So Trump’s counsel are claiming communications about clemency petitions to the President of the United States are personal records for Trump to keep?

That seems like a poor strategy for convincing Judge Dearie.
storage.courtlistener.com/recap/gov.usco…
2. As Judge Dearie signaled, Trump's counsel are claiming that documents that they and DOJ agree are PERSONAL records are subject to executive privilege.

As I said on @OutFrontCNN earlier this week, that's a metaphysical impossibility.

Here's the new DOJ filing saying same.👇
3. This one is more debatable, but a powerful way for DOJ to frame it:

"Plaintiff may not assert the Executive Branch’s privilege to withhold documents from itself... The illogic and absence of any authority to invoke Executive Privilege against the privilege holder is fatal..."
Read 4 tweets
Oct 18
Looks like bungling missteps by Trump counsel in MAL case

1. They apparently asserted the same document is subject to executive privilege (meaning it must be a gov doc) and is personal (meaning it must not be a govt doc)

@charlie_savage @alanfeuer report
nytimes.com/2022/10/18/us/…
2. Judge Dearie's response to Trump team's impossible legal position (that something is and is not a government document):

“Unless I’m wrong, and I’ve been wrong before, there’s certainly an incongruity there.”
nytimes.com/2022/10/18/us/…
3. Next up: Trump's counsel apparently asserted attorney-client privilege over other records even though a third party was involved.

A third-party's involvement would likely defeat the attorney-client privilege.
nytimes.com/2022/10/18/us/…
Read 5 tweets
Oct 15
Full video of a superlative, deep discussion on Mar-a-Lago investigation.

I was honored to moderate this panel of exceptional experts.

@AWeissmann_
Bob Bauer
@CarolLeonnig
Mary McCord (@GeorgetownICAP)

Our conversation included ...

@RCLS_NYU @nyulaw
2/

- What are the intelligence community's equities in deciding whether and how to bring a criminal case involving such highly classified material?

- Doesn't Presidential Records Act and Obama Executive Order explicitly allow for executive privilege claim by FPOTUS?
3/

- What are differences between individuals with first-hand information serving as anonymous sources for reporters vs. their serving as witnesses for prosecutors? Different incentives, prospect of serving as both, etc.

- What are strengths and weaknesses in the criminal case?
Read 4 tweets
Oct 14
1/ Word games can = prison time.

Was Trump lawyers' certification designed to mislead DOJ?

Consider its wording: "A diligent search was conducted OF THE BOXES that were moved from the White House to Florida."

Not a diligent search OF THE PREMISES.

Compare with this in WaPo👇 twitter.com/i/web/status/1…
2/ Now look at same wording in Trump's brief to court (same as wording in lawyers' certification).

And bad for Trump: This statement ties Trump's actions directly to the "diligent" (but now we know, highly limited) search and other (false) representations in the certification.👇
3/ DOJ previously called out Trump for saying diligent search was carried out in Florida, and not other states.👇

It's even legally worse for Trump and these lawyers if the "diligent" search was only of boxes and only in the storage room.
Read 5 tweets
Oct 11
|@KateBolduan: “How worried should Mark Meadows be, do you think, about Cassidy Hutchinson cooperating in Fulton County?”

Me: “I would be very worried if I were he…”

Our conversation.👇

Plus we discuss Trump lawyer Christina Bobb talking to federal investigators.
@OutFrontCNN
2/ Here’s the CNN scoop on Cassidy Hutchinson cooperating with Fulton County, Georgia District Attorney:

By @SaraMurray @ZcohenCNN

cnn.com/2022/10/10/pol…
3/ Here's the episode in Cassidy Hutchinson's transcribed congressional testimony, which I discussed @CNN.👇

She recounts White House Counsel warning Meadows and Giuliani that their false electors scheme is "legally unsound."

justsecurity.org/81939/timeline… Image
Read 5 tweets
Oct 10
Trump lawyers turning against each other in what Christina Bobb told federal investigators on Friday about false certification:

“Trump’s lead lawyer in the case at the time, Evan Corcoran, drafted it and told her to sign it, Bobb told investigators.”

nbcnews.com/politics/donal…
2. “Bobb also spoke to investigators about Trump legal adviser Boris Epshteyn, who she said did not help draft the statement but was minimally involved in discussions about the records.”

— reporting by @MarcACaputo with at least three sources

nbcnews.com/politics/donal…
3. Bobb told feds “she had to insist on that disclaimer twice before she signed it.”

Disclaimer said: “based upon the information that has been provided to me” there are no more docs marked as classified at MAL.

Had to insist.
Twice.

Evidence of obstruction, and bad actors.
Read 5 tweets

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