Kyle Cheney Profile picture
Dec 8 9 tweets 2 min read
I can’t emphasize enough: There is zero substantive value to criminal referrals from the Jan. 6 committee. If they release *actual evidence* of a crime, DOJ will see it and (likely) bring charges.

Whether they package it up and write “Dear Merrick” on top is irrelevant.
The committee has already described evidence of potential crimes by Trump (and gotten a judge to agree with their assessment). They’ll likely release more of it with the report.

This was, for all intents and purposes, a criminal referral.…
The committee may very well issue “referrals” to DOJ describing alleged crimes by Trump, maybe witness tampering and perjury by others. The evidence accompanying those referrals will have value to DOJ. The referral itself does not.…
And it’s important that DOJ has surpassed the committee on key tranches of evidence, piercing the claimed executive privilege of witnesses like Pat Cipollone and Marc Short. So DOJ will have better visibility into some possible crimes than the committee.
There’s one exception to this: contempt of Congress referrals. That is the only crime referred by Congress that actually requires a DOJ response.
One common response I keep seeing: the committee needs to make referrals to our public pressure on DOJ or help the public understand they believe crimes were committed.

A couple points:
1) The committee can (and I expect they will) conclude crimes were committed in their final report. Calling it a ‘referral,’ which is not an actual recognized process, is not necessary to conclude crimes were committed.
2) Prosecutors have been clamoring for the committee’s evidence since April. They’re going to pore over every word of it and compare it to their own witness interviews to make prosecutorial judgments. Referrals don’t change that calculus
We wrote about this in April, after a federal judge ruled that Trump (and John Eastman) likely committee felony obstruction.

Some committee members/staff have worried that the breathless focus on “referrals” detracts from their actual findings.…

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More from @kyledcheney

Dec 6
Chairman Thompson tells us that the select committee has *not* made any specific decisions about whether any particular person will be criminally referred to DOJ. The committee has generally agreed that it’s a tactic they will use, but no vote yet on who or for what.
A reminder: while the committee may “refer” Trump, it has already done this in every possible way, in legal filings and statements.

There’s no substantive value to a referral of Trump. There may be some value to referrals for witness tampering/perjury.…
As we’ve pointed out for months, the committee has referred Trump to DOJ over and over and over again.…
Read 6 tweets
Dec 5
HAPPENING NOW: Bar discipline proceedings have begun in D.C. for Rudy GIULIANI. Investigator Phil FOX says Rudy “weaponized his law license” to file frivolous litigation that threatened democracy and the transfer of power.
Fox says investigators gathered and subpoenaed every possible record they could find that Giuliani used to support the post-election litigation. It all fell “woefully short” he said of warranting the extraordinary effort to overturn the results.
GIULIANI is beign called immediately as a witness in his bar case. His attorneys say that in the rushed and frenzied aftermath of the 2020 election, Giuliani did his best to make legal arguments without the benefit of a lengthy investigation.
Read 7 tweets
Dec 2
Trump delivered pre-recorded remarks to an event tonight meant to support Jan. 6 defendants. The event also featured jailhouse calls from multiple pretrial detainees charged with assault:

Robert Morss
Jordan Mink
Barry Ramey
Jose Padilla
Notably, while these events are geared toward the plight of what they call "political prisoners" — pretrial detainees — the number of those detainees are shrinking.

Tonight's event featured several family members of people who pleaded guilty and have been sentenced.
One of the speakers was Sharon Caldwell, whose husband ,Oath Keeper Thomas Caldwell, was convicted two days ago of felony obstruction of Congress. (He was acquitted of seditious conspiracy).
Read 4 tweets
Dec 1
BREAKING: The 11th Circui Court of Appeals has DISMISSED DOnald Trump's lawsuit over the FBI's Mar-a-Lago search.…
THe 21-page opinion, if it stands, would effectively end the special master process established by Judge Aileen Cannon, finding that she abused her discretion to start the process in the first place.…
The three judge panel -- which included the circuit's chief judge, GWB appointee William Pryor, and two of Trump's own appeals court picks — delivered a resounding rebuke of Cannon's decision.…
Read 7 tweets
Nov 30
NEW: Stan Woodward isn't exactly cut from the MAGA mold. But the attorney has found himself at the center of virtually every high-profile legal matter facing Trump-world.

A look at the most important Trump-world lawyer you've never head of.…
WOODWARD represents, in no particular order:

-Kelly Meggs, Ryan Samsel, Freddie Klein
-Kash Patel, Walt Nauta
-Peter Navarro, Dan Scavino
(and more)

He works under the tutelage of law partner Stan Brand, Tip O'Neills former House counsel.…
In one 24-hour period in October, Woodward spent all day in the Oath Keepers seditious conspiracy trial, filed a midnight brief for Scavino against a Jan. 6 committee subpoena and escorted Kash Patel to the Mar-a-Lago grand jury.…
Read 5 tweets
Nov 30
NEWS: The judge overseeing the Fulton County grand jury probe says Georgia GOP Chairman David Shafer's central role in organizing a slate of "alternate" electors and casting doubt on the 2020 outcome sets him apart from other false GA electors.…
Judge McBurney ruled that Shafer may not share a lawyer with 10 of the other GOP electors (they had all been jointly represented by two attorneys funded by the GAGOP) because he is the "excpetion" and it may present a conflict.…
The key part of the seven-page ruling:… Image
Read 4 tweets

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