It took genuine courage for Cassidy Hutchinson to break free of her original lawyer, who was selected and paid for by Trump-affiliated entities and who, she testified, tried to prevent her from cooperating fully against Trump. (Thread)
2. The original lawyer told her, “We just want you to focus on protecting the president” and to say she “did not recall” events that she actually did recall. As I’ve said on air, this crosses the line from a murky gray area into obstruction, if established by the evidence.
3. It eventually became clear to Hutchinson that the lawyer did not represent her personal interests first and foremost, as any lawyer is bound to do. The lawyer also became an obstacle against Hutchinson coming fully clean and cooperating fully and truthfully.
Of course, Trump’s announcement has no legal bearing and doesn’t formally insulate him from anything.
But DOJ and the Fulton County DA have now been beaten to the punch by Trump’s announcement, and those prosecutors have made their own jobs more difficult by their delay. (1/8)
Prosecutors - DOJ and locals alike - have dragged their feet and played paddy-cake for nearly two years now, on both January 6 and Mar-A-Lago (the search was just in August, but DOJ has known about the missing docs for far longer). (2/8)
Now, if Trump gets indicted - and that could well happen - it becomes substantially more difficult to actually convict him. (And an indictment without a conviction would be a prosecutorial disaster). (3/8)
With Bill Barr now making daily pronouncements about what should happen in our criminal justice system, it's worth reflecting on who the man truly is, and what he actually did during two years as AG under Trump. Running through the chapters of my book. (THREAD)
1. Barr has been AG twice (once in the early 90s, under G.H.W. Bush) but he has *never* tried a case in court. He is a DC-based political operator, but never a real courtroom prosecutor.
2. Months *before* he became AG under Trump, Barr wrote an unsolicited audition letter and sent it to the Trump administration, concluding that the Mueller obstruction investigation was "fatally misconceived." He also told the media Mueller's theory was "asinine." He got the gig.
1. The affidavit is the big one. This is the long, narrative document where prosecutors write out, in detail, their probable cause to believe that crime(s) were committed. The judge then reviews this document and, in this case, we know he signed off and agreed on probable cause.
2. The affidavit would be far longer and more detailed than the documents that have been released already. For comparison, the documents unsealed on Friday run a total of 7 pages, much of it forms and checklists. Affidavits commonly run dozens of pages, sometimes hundreds.
There's a lot of talk about what documents Donald Trump would and would not have in the wake of the Mar-A-Lago search, and what they might or might not show. A brief guide; hope this helps. (THREAD)
1. There are three main documents in play here.
First: the "Affidavit in Support of Search Warrant." This is the full narrative where prosecutors lay out evidence establishing probable cause. This has by far the most detail, and it's what the judge reviews and approves.
2. Prosecutors have this affidavit and the judge has it, but it's "under seal" (meaning not available to the public).
Trump does NOT have this affidavit. Trump (and the public) won't see this unless and until there's a charge.
The attempts to discredit Cassidy Hutchinson are off base and unpersuasive. (THREAD)
1. Hutchinson was remarkably credible overall. Her testimony was careful and measured, she has no incentive to lie (and powerful counter-incentive), and she was backed up on key points by other witnesses, by documents, and at times by former President Trump’s own statements.
2. All fire is focused now on the steering wheel lunge incident. First, Hutchinson said straight up she didn’t witness anything, and she only knew what Tony Ornato told her. Ornato has since (through spokespersons, not under oath) denied he told Hutchinson about the incident.