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Ryan Goodman Profile picture
@rgoodlaw
Aug 14 • 6 tweets • 2 min read Twitter logo Read on Twitter
On left:

Former President Trump intimidates a witness in Georgia case.

On right:

Georgia law stating that to release a person on bail, the judge will have to find the defendant "poses no significant risk of intimidating witnesses."

Note: That is a presumption against release.
Image
Image
2. As @AWeissmann_ has pointed out, Trump's statement against Duncan may also violate the conditions of release in federal January 6th case before Judge Chutkan.

The effort to overturn the Georgia election results is a core subset of that case and associated witnesses. Image
3. Trump's statement will be seen as especially egregious by the courts because he explicitly is saying the witness should defy a grand jury subpoena.

"Duncan, will be testifying before the Fulton County Grand Jury. He shouldn't."
4. Trump has a history of trying to influence witnesses.

(This July 2022 roundup by @MarshallCohen is a good resource.👇)

What makes this time different is that Trump has entered the criminal process, and there are strong mechanisms to enforce the law.

cnn.com/2023/08/04/pol…
5. Here is the provision of the Georgia code: GA Code § 17-6-1 (2022) on conditions for bail.

law.justia.com/codes/georgia/…
Correction: Wrong link for CNN report (by @MarshallCohen). Here's the correct one:

Revisiting Trump’s Long History of Trying to Influence Witnesses
cnn.com/2022/07/01/pol…

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More from @rgoodlaw

Ryan Goodman Profile picture
Aug 15
P.S.A.

Yes, #GeorgiaIndictment is pardon proof.

BUT, But, but...

Supreme Court may well hold a sitting president is immune from trial/conviction.

Result: 18 co-defendants left holding the bag. Trump, if elected, immune (for 4 years).

Another reason for co-defendants to flip.
2/ The issue here is whether the Supreme Court would ratify the long-standing position of the Department Justice Office of Legal Counsel that, as a matter of law, an incumbent president is immune from criminal trial and conviction.

A few caveats...
3/ "The constitutional analysis may turn on whether a trial is already complete, and in the stages of post-conviction appellate litigation, which imposes less of a burden on a sitting president"

@NormEisen @JoshuaGKolb @StantonLaw Andrew Warren @SivenWatt
justsecurity.org/87647/what-to-…
Read 4 tweets
Ryan Goodman Profile picture
Aug 11
Special Counsel Weiss court filing in Hunter Biden case:

“The Government now believes that the case will not resolve short of a trial.”

abcnews.go.com/Politics/prose…
ABC News: “Prosecutors also wrote in court filings that they intend to drop the misdemeanor tax charges against Hunter Biden in Delaware and instead bring them in California and Washington, D.C. -- the venues where prosecutors say the alleged misconduct occurred.”
Link to Weiss court filing:

storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Ryan Goodman Profile picture
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.

<thread>
washingtonpost.com/outlook/2022/0…
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
Ryan Goodman Profile picture
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.

<thread>
wsj.com/articles/donal…
2.

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.
Image
Image
3/
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.
Image
Image
Read 6 tweets
Ryan Goodman Profile picture
Aug 2
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.

<thread>
nationalreview.com/2023/08/this-t…
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)
Image
Image
Read 10 tweets
Ryan Goodman Profile picture
Jul 30
<thread>

@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.

justsecurity.org/87435/an-overl…
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).

nytimes.com/2023/07/19/us/…
Read 6 tweets

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