Thread by @Orly_licious

⚖️ 🧵 The CA Bar John #EastmanTrial is set to resume around 1pm EDT Tue Sep 12. Today's scheduled witness is John Yoo, famous for his defense of waterboarding. Will he be like Michael Gableman & know nothing about elections & election law? Watch on Zoom: calbar.zoom.us/wc/97985435232…

Information on today's #EastmanTrial Hearing/Trial:

Excellent recap from the LA Times on Friday's disaster with former WI Supreme Court Justice Michael Gableman. He was clueless about elections & election law, didn't know what parts of the report he wrote, and denied COVID (the reason for election changes). latimes.com/california/sto…

1:25pm EDT & indicted in Georgia (mugshot below) #JohnEastman's #CABar Disbarment Trial resumes. Eastman's grifted $500K on his GiveSendGo page, crime pays? Trial was late, tried to keep @GreggEvans16 Lt. Biscuit of the Imperial Illuminati Air Force awake for the proceedings.

After Judge Yvette Roland discusses some of the limits of testimony, Randall Miller, John Eastman's lawyer, is contacting Professor John Yoo to begin his testimony in the case. Yoo is not in Zoom yet, making everyone wait. Besides this week Judge Roland proposes 9/26-29 & 10/2-6.

John Yoo is discussing his background, including a 1-year clerkship with Clarence Thomas. 2001-2003 he was a Deputy Attorney General with the Office of Legal Counsel (that's where he endorsed waterboarding & warrantless wiretapping as a strong advocate of Executive Branch power)

In 2010, Yoo wrote a book called "Crisis in Command" which included the Electoral College & in 2019 an article called "Defense of the Electoral College in the Age of Trump" for Pepperdine Law Review. He wrote a Case Western article about the electoral process. 9 books on ConLaw.

On waterboarding & torture, John Yoo was later harshly criticized by the DOJ for failing to cite legal precedent and existing case law when drafting his memos. Still, Trump consulted Bush torture lawyer on how to skirt law & rule by decree.
theguardian.com/us-news/2020/j…

Court in recess until 1:30pm EDT to invite Dr Matthew Seligman to listen to Yoo's testimony as reciprocity as Dr. Seligman may be recalled as a rebuttal witness. Yoo retained by Eastman with "expert engagement" on electors & disputed elections. orangejuiceblog.com/2023/06/john-e…

Court returns, Mr. Miller continues talking about John Yoo's background. This is the Direct Examination. Later will be the Cross Examination by the CA Bar, which in the case of Michael Gableman was great fun watching Gableman's ignorance and fantasizing totally blown apart.

They're discussing Yoo's Case Western law review, "Who Counts?: The Twelfth Amendment, the Vice President, and the Electoral Count". Article was before the Presidential Election Reform Act was revised in 2022 so it's mostly irrelevant. Here's the article: scholarlycommons.law.case.edu/cgi/viewconten…

#JohnEastman Because of election subverters like John Eastman, Trump & others indicted in Georgia the Electoral Count Act needed to be clarified. The subverters believed VP Pence had anything more than a ceremonial role in electoral ballot counts. Changed: ncsl.org/state-legislat…

Since #EastmanTrial is about disbarring #JohnEastman for ethics violations related to frivolous arguments & filings, Eastman's lawyer Miller & Yoo argue the 12th Amendment was "ambiguous" & Electoral Count Act is unconstitutional (tho no court had opined). openyls.law.yale.edu/handle/20.500.…

Yoo is being questioned about a 2002 NC Law Review article, "Is the Electoral Count Act Unconstitutional". CA Bar objects. Yoo isn't supposed to be testifying about the authority of the VP or "adjournment". Objection SUSTAINED. #EastmanTrial Article: scholarship.law.unc.edu/cgi/viewconten…

John Yoo relied on the article below by Prof Edward Foley, "Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management" for his Case Western article. Yoo agrees the 12th Amendment is "ambiguous". #EastmanTrial lawecommons.luc.edu/luclj/vol51/is…

John Yoo also agreed with Foley's 2010 article: "The Twelfth Amendment: A Constitutional Ticking Time Bomb" which also calls the 12th Amendment "ambiguous" & that the VP would resolve conflicts vs. Congress. #EastmanTrial
repository.law.miami.edu/umlr/vol64/iss…

John Yoo in #EastmanTrial continues to discuss articles to try to support Eastman's argument that election processes are vague. Another article is "Nobody for President", which Yoo also agreed with. There are just as many articles with opposite views. heinonline.org/HOL/LandingPag…

Randall Miller asks John Yoo about the article "On the Unenforceability of the Electoral Count Act". Yoo's job is to convince the judge that 12th Amendment & ECA are "ambiguous" & maybe unconstitutional.
Court lunch break till 5:10pm EDT. 🥳#EastmanTrial
papers.ssrn.com/sol3/papers.cf…

Back on the record with #EastmanTrial, John Eastman's Disbarment Trial by the California State Bar. Watch live via Zoom (no Zoom account required) at: calbar.zoom.us/wc/97985435232…

In October 2020, John Yoo & Robert Delahunty published "What Happens if No One Wins?". It's about scenarios. The Supreme Court refused to hear Texas vs. Pennsylvania, which would have brought up some of these issues. Expect to hear about this on cross. americanmind.org/salvo/what-hap…

John Yoo's article is if the Electoral Count Act was unconstitutional, & "We suggest that the VP's role is not the merely ministerial one of opening the ballots & then handing them over (to whom?) to be counted". This was Oct 2020. He was wrong. SCOTUS denied TXvPA. Eastman knew.

Judge Roland, annoyed, says Randall Miller is "dancing around" "tenability", which John Yoo shouldn't be testifying about. Miller wants Yoo to agree with Eastman's legal analysis in his memos. He's trying to show that Eastman's crackpot views shouldn't be punished. #EastmanTrial

Miller desperately tries a save from an objection to his major point that Yoo agreed with Eastman's view of VP's authority. Judge wants authority from depo.
M: "Well it's throughout"
Judge: "Then it should be easy for you to find it"
He didn't. Objection SUSTAINED. #EastmanTrial

Yoo keeps making his point that the VP (vs. Congress) having the authority to decide which electoral votes are valid was a "better reading" of the Constitution. To me, it makes no sense. If the VP could decide, why would any VP not count them to stay in office? #EastmanTrial

Yoo admits Congress asserted its right to resolve electoral votes, including after Reconstruction. In 1876, states sent different slates of electors. Congress created a special commission to resolve it (for President Hayes). Then the Electoral Count Act was in 1877. #EastmanTrial

I love American History & glad this is on Zoom. Wish it was archived. Unlike bumbling Michael Gableman, John Yoo is an interesting speaker. Completely disagree with his partisanship, but he knows his history. Will this help Eastman? Doubtful. Unclear if we'll get to cross today.

Recess until 7:15pm EDT. Compared to the useless circus of Michael Gableman, John Yoo discusses interpretations of VP's role. But when Eastman was slinging his bullsh*t, Trump & allies were 1-64 in court & SCOTUS dismissed TX V PA. Eastman was wrong to keep pushing. #EastmanTrial

James V. Lacy @JamesVLacy1, a Reagan Administration General Counsel, makes the point that regardless what John Yoo is testifying about VP, "Eastman’s big problem though is he won’t convince court the counts were even in dispute, were all lawfully state certified". #EastmanTrial

Following @JamesVLacy1's point (my 1st job was at the USIA during the Reagan Admin), Eastman continued attempting to subvert the 2020 election although only 1 slate of electors was duly certified by Governors & sent to the National Archives. #EastmanTrial archives.gov/electoral-coll…

Randall Miller seems to fall apart after Judge Roland sustains another objection. Once again, Miller tried to get John Yoo to discuss issues that he didn't testify to in his deposition or were denied in a Motion in Limine (preventing certain evidence) before trial.
#EastmanTrial

Judge Roland "lets him off the hook" and Yoo is done for today (he'll be back Friday). There was a big screwup, Miller didn't have a final version of Yoo's Law Review article (just a draft). So those questions have to wait until Friday. #EastmanTrial

More circus: Tomorrow is Garland Favorito of VoterGa on "outcome determinative fraud in GA". Mike Lindell's favorite election denier, Garland's a continual loser. Then maybe more John Eastman. Thu might be Mark Finchem & Wendy Rogers but Judge Roland hasn't decided. #EastmanTrial

That's it for today! Thanks for reading. Judge Roland wasn't happy, Miller is behind & unprepared on dates. Here's background on some #EastmanTrial witnesses. Next week is Ray Blehar & John Droz (part of CyberNinjas' AZ Fraudit). Back to clownworld. 🤡
americanoversight.org/in-the-documen…

That's it for today! Thanks for reading. Judge Roland wasn't happy, Miller is behind & unprepared on dates. Here's background on some #EastmanTrial witnesses. Next week is Ray Blehar & John Droz (part of CyberNinjas' AZ Fraudit). Back to clownworld. 🤡americanoversight.org/in-the-documen…

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