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Barb McQuade Profile picture
@BarbMcQuade
Jun 15 • 6 tweets • 1 min read Twitter logo Read on Twitter
THREAD: 1 of 6. Trump’s comparison of his case with Bill Clinton’s sock drawer is not only incorrect, it is nonsensical. Here’s why.

The Presidential Records Act says presidential records belong to the government, not the individual who served as president. …
2. Presidential records in general are those made by or for the president for use in official business. The statute contains detailed definitions of what is and is not a presidential record. …
3. Bill Clinton’s recordings were from his own interviews, qualifying as diaries, which the Presidential Records Act says are not presidential records. No law precluded Clinton from keeping them. …
4. Trump is charged not with violating the Presidential Records Act, but instead with violating the Espionage Act. The records Trump is alleged to have illegally retained are agency records, such as records of the CIA, NSA, and Department of Defense, not presidential records. …
5. Moreover, these records are covered by the Espionage Act because of their content—information about the national defense, which could be used to the injury of the United States or advantage of a foreign nation—US nuclear program, military capabilities of US & allies, etc. 😱…
6. And Trump is being charged not only because he kept them, but because he obstructed the investigation and lied about what he still retained. This is evidence of consciousness of guilt. If he really believed he could keep them, he would not have needed to lie about it. END.

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More from @BarbMcQuade

Barb McQuade Profile picture
May 16
1 Durham Report is in. After four years, review of 1 million documents, 490 interviews, his conclusion is that FBI should have opened a preliminary investigation (PI) instead of a full investigation (FI) in 2016. THREAD
2 The only difference between FI and PI is the duration and the authorities that may be used. This is a hairsplitting quibble, and one on which FBI officials routinely disagree.
3 Durham also minimizes the reasons FBI was alarmed enough to open a FI in 2016 based on information received from Australian diplomats about Trump campaign adviser George Papadopoulos.
Read 20 tweets
Barb McQuade Profile picture
Jan 28
This week’s epic snowball fight on @UMich Diag was a study in strategy. As a lifelong resident of cold-weather climate, here are some observations about good and bad techniques.
First, the good. Goggles - excellent for eye protection from stray snowballs that violate the normal rules of no throws above the head.
Elevation - great move. Out of harm’s way and good angles of attack. Target may never see you coming.
Read 7 tweets
Barb McQuade Profile picture
Jan 9
Facts will be important in determining whether Biden’s classified documents were criminally mishandled, but there appear to be several distinguishing factors between this case in the Mar-a-Lago documents. /1 cbsnews.com/news/biden-cen…
As Jim Comey said regarding Hillary Clinton, DOJ prosecutes mishandling of classified documents cases when there is an aggravating favor present. Those factors are obstruction of justice, storage in a way that risks exposure, willful violation, and disloyalty to United States /2
In the Mar-a-Lago case, all but that last factor appear to be present. In the case of the Biden documents, there is no indication that any of the factors are met, but referral for investigation by the Chicago US Atty, a Trump appointee, seems prudent. /3
Read 4 tweets
Barb McQuade Profile picture
Dec 19, 2022
I am impressed with the January 6 Committee’s report. It reads like a prosecution memo. I see the fingerprints of committee counsel Tim Heaphy, a former U.S. Attorney, all over this. Some of the proposed charges were expected. Two others are intriguing. washingtonpost.com/opinions/2022/…
The expected charges, obstruction and conspiracy to defraud US, have been apparent from the start. I wrote about these charges in February. But the report does a good job of meticulously detailing evidence to support each element of each crime. justsecurity.org/80308/united-s…
Two other charges are surprises to me. The first is conspiracy to submit false documents based on the false slate of electors that were submitted to the Archives and Congress. This strikes me as a tidy charge, so long as DOJ can directly tie Trump to this part of the plot.
Read 7 tweets
Barb McQuade Profile picture
Dec 3, 2022
In researching my book, I have been learning a lot about how authoritarians use disinformation. This post uses many basic old tricks. First, it states an outright lie, but suggests the claim has corroboration (“the revelation.”)
/2 Second, it signals membership in the tribe of the far-right by using its signature language (“Democrat party”). I’m one if you, and this is what we all think.
/3 Third, it suggests only two options, both of which favor the leader: declare Trump the winner now or have another election.
Read 5 tweets
Barb McQuade Profile picture
Nov 19, 2022
I’m not sure it was necessary to appoint a special counsel to investigate a former president who is now a candidate for that office, but there are some advantages. /1
A special counsel provides an extra layer of independence from presidential appointees at DOJ. Even though AG Garland can reject a decision of the special counsel, he must tell Congress that he did so. People of good faith should find this step reassuring. /2
Of course, critics will complain anyway. Trump has already said this is retaliation for announcing his campaign on Tuesday. Nevermind that the investigation was already pending and that this decision changes only the person overseeing it, and in a way intended to protect Trump./3
Read 11 tweets

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