Ryan Goodman Profile picture
Aug 2 10 tweets 5 min read Twitter logo Read on Twitter
1/ With due respect to National Review Editors - who've been good and strong on MAL indictment etc - this Editorial on #TrumpIndictment is very flawed.

Their thesis is on legal basis of the indictment.

@NRO gets the law wrong and the wrong law.

2/ NRO gets wrong federal fraud statute, and thus wrong Supreme Court precedent.

NRO claims DOJ fraud charge must involve deprivation of money/tangible property👇

Sure, if Smith charged Trump for wire fraud (18 USC §1343)

But Smith charged Trump for defrauding US (18 USC §371) Image
3. On left:

Supreme Court case NRO cites - which addressed wire fraud statute §1343 (a law that includes "obtaining money or property")

On right:

Supreme Court case NRO does not cite - which addressed conspiracy to defraud §371 (and held it is NOT limited to money/property)
4. Next up.

NRO says Smith's §241 charge "bears no relation to what the statute covers" saying §241 is "designed to punish violent intimidation and forcible attacks."

Flatly wrong.

Over 100 years of Supreme Court cases and DOJ charging §241 for not counting ballots properly.👇 Image
5. That long excerpt is from a recent article @AWeissmann_ and I wrote @just_security.

@AWeissmann_ @just_security 6. Back to NRO Editorial

On left:

NRO claims §241 is designed for violence and attacks.

On right:

Department of Justice Manual on Election Offenses - listing off exemplary §241 cases, several of which are direct match for Trump Indictment allegation of not counting ballots.
@AWeissmann_ @just_security 7. NRO asserts indictment based on "flimsy legal theories."

Opposite is true.

Federal court already held Trump-Eastman engaged in criminal conspiracy under the two main statutes. 👇

That was a civil suit.

Smith is saying he can prove it beyond reasonable doubt. Which he can. Image
8. As former U.S. Attorney @BarbMcQuade notes 👇- her "model prosecution memo" using these same twin statutes closely matched actual #TrumpIndictment.

Her memo was also close match for J6 committee brief in that civil case and for Judge Carter's opinion.

@BarbMcQuade 9. A more recent model prosecution memo - like @BarbMcQuade's in its rigor and meticulousness - came to same legal conclusion.

with bipartisan group of authors

@DonaldAyer6, Deputy A.G., G HW Bush
Ambassador @NormEisen
et al

10. I also recommend the latter model prosecution memo's section discussing, in good detail, how §371 does not require depriving victims of money or tangible property.

Including how Supreme Court and courts have interpreted §371 "for more than 100 years."


• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Ryan Goodman

Ryan Goodman Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @rgoodlaw

Aug 3
1/ Public Service Announcement

Q: Do prosecutors have to prove former President Trump knew he lost the election for any of crimes charged?

A: Absolutely not

I wrote this w/ @BarbMcQuade @NormEisen in 2022.
We anticipated Indictment's charges.

2/ Could put this more strongly: Trump could have WON the election and believed he won ... and several of the charges would still stick.

But let's just deal with the straightforward question: whether DOJ needs to prove the defendant knew he lost. Now that we have the Indictment.
3/ Even if Trump believed he won the election:

He can't lawfully pressure a state official with threat of criminal punishment and threats to the official's personal safety to find 11,780 votes (Raffensperger's testimony👇). Image
Read 10 tweets
Aug 2
1/ The WSJ Editorial has a fundamental flaw.

I would agree with them that Indictment uses a dangerously "broad theory" of criminal conspiracy if the allegations they describe in the indictment were, indeed, in the indictment.

But they are not.


On left:

WSJ says Indictment is about a president "lobbying his own Justice Department to investigate voter fraud."

On right:

What Indictment, actually, alleges Trump pressured Justice Department to conduct sham investigations and issue false statements on finding fraud.

On left:

WSJ says Indictment is about Trump "lobbying state officials to hunt for voter fraud."

On right:

Indictment, actually, alleges Trump lied to and threatened Georgia official with criminal prosecution and solicited Arizona official to exceed his lawful authority.
Read 6 tweets
Jul 30

@AWeissmann_ and I just published this new analysis.

Experts, ourselves included, have focused on false electors, DOJ pressure, Pence pressure, and Capitol attack.

But there was a scheme that preceded all these, and DOJ can charge it.

2. The scheme was the effort to "stop the count" on election night.

The #January6th Select Committee Final Report concluded that the plan was premeditated.👇 Image
3. New York Times (@maggieNYT Adam Goldman @charlie_savage @alanfeuer) had the scoop:

The DOJ target letter to former President Trump included "a surprise" criminal statute, namely, Section 241 of Title 18 of US Code (deprivation of rights).

Read 6 tweets
Jul 27
Trump's trying to destroy video evidence would bolster the entire classified documents case.

Shows consciousness of guilt for all the charged crimes under Espionage Act, and as principal in conspiracy.

"OLIVEIRA told Trump Employee 4 that 'the boss' wanted the server deleted"👇 Image
2. Big deal:

The Iran attack plan document Trump shared with others at Bedminster is now included as another charge.

In other words, yes, it was a classified document that exists. And Trump retained and shared it, per the new Indictment.

👇 Image
3. Here's the Iran attack plan document listed as new Count number 32.

Read 5 tweets
Jul 18
1/ News: Michigan A.G. @MIAttyGen charges 16 false electors!

This is a strong case.

For starters, the Trump electors' document contained clear false statements like: "we convened and organized in the State Capitol."👇

In truth, they met (secretly) in GOP headquarters basement. Image
2. Why did the Michigan sixteen falsely claim they convened in the Capitol?

Because MI law requires that location for proper certification.

Trump Campaign's Kenneth Chesebro (criminally referred to DOJ by Jan 6 Select Committee) flagged this as a problem in his secret memo.👇
3. Michigan false electors also acted in great secrecy

They initially planned to hide in Capitol building overnight (Laura Cox congressional testimony)

They were told not to bring cell phones when they came to GOP headquarters basement (Mayra Rodriguez, congressional testimony)
Read 9 tweets
Jul 14
Something very significant in this new reporting.👇

Suggests a new track of Special Counsel investigation: into threats of violence and intimidation against state officials.

I'll discuss with @ErinBurnett @OutFrontCNN 7pm ET

Reporting by @ZcohenCNN
2. How might this fit in Special Counsel investigation?

- indirect: lays broader context for January 6th use and exploitation of mob violence and violent supporters to intimidate elected officials

- direct: potential criminal intimidation of state officials with threat of force
3. Note the questions prosecutors asked state officials in CNN report.👇

Quite remarkable new reporting on these lines of questions.


Read 8 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!