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Brett L. Tolman Profile picture
@tolmanbrett
Jun 20, 2023 • 2 tweets • 1 min read • Read on X
DOJ is violating its own internal policies on this case. The Ashcroft Memo requires they charge the “highest provable offense” and seek consistent sentences with other cases brought by DOJ. This prosecution is an absolute laughable joke. Thousands have been sent to prison for… twitter.com/i/web/status/1…
To all saying Ashcroft Memo was rescinded. But Holder kept this: “the Holder Memo states that a federal prosecutor should ordinarily charge the most serious offense that is consistent with the nature of the defendant’s conduct and likely to result in a sustainable conviction.”

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More from @tolmanbrett

Brett L. Tolman Profile picture
Aug 1, 2023
I’ve now read the new Indictment twice. It is criminalizing speech, thought, legal (right or wrong) positions, and disinformation. It also is shockingly manipulative of statutes and theories which require enormous legal wrangling.
Further, it ignores advice of counsel defenses and mens rea requirements. But the most glaring thing is what’s not in the indictment—the charges of treason, sedition, or any other serious, fact based, count outlining genuinely criminal behavior.
The unindicted co-conspirators are lawyers representing the accused, a DOJ employee and a political consultant. And their conspiracy? Believing there was election fraud, talking about election fraud, and pursuing legal challenges in states they believed election fraud occurred.
Read 8 tweets
Brett L. Tolman Profile picture
Aug 26, 2022
I’ve gone through the redacted affidavit a couple of times now. Including Attachments. I’m not impressed. There are so many concerning issues it is hard to know where to start. I’ll try.

SEE IT: DOJ's Redacted Affidavit for FBI's Trump Raid - Todd Starnes toddstarnes.com/politics/see-i…
1–it does not appear to include any exculpatory evidence or mitigating facts. While it includes a letter from Trump’s lawyers it doesn’t acknowledge potential advice of counsel defenses or even that they may lack authority to bring such a case against a former POTUS
2-It has no factual evidence attributable to the mens rea requirement —which is the burden the Gov’t must meet showing criminal intent of the target. If it’s in there it is redacted.
Read 11 tweets
Brett L. Tolman Profile picture
Jun 16, 2021
This is false. A blatant misrepresentation unsupported by their own data.
They are including the hundreds of “misdemeanor trespassers” charged from Jan 6 in their definition of “increased domestic terrorism.” They are not counting the (relatively few) BLM/Antifa riot prosecutions.
I represent one of the Jan 6 defendants. A teacher. No criminal history or intent. Was welcomed into the Capitol through open doors 2 hours after first/forced entry. Only been in one other (state) Capitol which was open to the public and no secure areas. Didn’t see broken
Read 5 tweets
Brett L. Tolman Profile picture
May 19, 2020
This is the declassified Rice “Top Secret” email from her official email to presumably her personal email. This is not just a CYA but a CEA “cover everyone’s a**” attempt. This shows Obama and Biden were calling shots against Flynn and Comey was providing the ammunition.
Comey states they have no indication that Flynn has passed classified docs to Kislyak. So no basis to even go after him. He reveals that the only thing unusual is the number of times Flynn and Kislyak spoke. This is DAYS before Trump is in WH and Flynn is acting NSA.
This whole Flynn effort is not just hollow. Pretend. But fabricated out of literally nothing and this bizarre email by Rice, given what we now know, is actually more damning than exonerating of Obama, Biden and Comey. This is probably why Sally Yates was so shell shocked
Read 7 tweets
Brett L. Tolman Profile picture
Feb 6, 2020
Ok. So a few thoughts on what Romney’s vote was all about in a small thread:

Impeachment is entirely a factual and legal issue. Requiring intense marshaling of inculpatory and exculpatory evidence and then a careful and thoughtful analysis of the law through those facts. 1/x
The junior Senator from Utah, Senator Romney has done neither. He does not articulate the evidence—the witnesses, the emails, the transcripts or other documents which prove beyond a reasonable doubt that the President committed a crime as contemplated by the Constitution. 2/x
He does not argue an interpretation of the impeachment laws or precedent which justify his proceeding to vote for conviction. Glaringly, he does not explain how he can vote for additional witnesses—decrying the absolute need for such witnesses in order to sufficiently judge...3/x
Read 11 tweets

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