emptywheel (bill, please) Profile picture
Nov 6, 2023 27 tweets 8 min read Read on X
John Lauro should have business cards printed.

documentcloud.org/documents/2412…
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Trump should have business cards printed: Deceit, Trickery, and Dishonesty Social. Image
DOJ argues that Trump's bully pulpit means his was not just one voice among millions, as he himself bragged about -- but in any case, it's a matter for trial. Image
On the same day Trump is testifying about whether his fraud at Trump Org mattered, DOJ included this line in his DC case. Image
I hope someone with interns is keeping a running tally of how many times Haldeman gets cited in this case. Image
The Conspiracy to Defraud section is, unsurprisingly, heavy on fake electors. Here, Jeffrey Clark gets glancing mention. Image
Shorter DOJ: Sure. If you want us to ALSO charge you with false statements, we can do that too. Image
DOJ making good use of the pain sweat and tears that got them to Fischer. Image
Been waiting since at least August 2021 to see how DOJ would argue this.
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And now making good use of the pain sweat and tears to get to Robertson.

Florence Pan in the house... Image
I feel like this was the subject of weeks of discussion. And Trump just teed it up for them. Image
The definition of corruptly for 1512 is still very much a work in progress (but, I've argued, all foreseeable definitions apply to Trump). Which is why this passage is written this way. Image
Really legalistic way of saying it's illegal (under the Klan Act) to steal other people's right to vote. Image
Interesting cake-eating-too move here, to address that some of Trump's actions were committed as President. Image
Lots of Cheap Dates have been making a 1A argument since this indictment. This is how DOJ dealt with it, unsurprisingly.

documentcloud.org/documents/2412…
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Honestly, I may develop a hobby of laughing at the way DOJ and legal commentators make fun of John Lauro for his misuse of citations. Image
Holy shit! Dead-Prigozhin's trolls even made it in here. Image
Get used to seeing this passage. Lauro is making a bid, in this and 2 other motions, for Alito and Thomas to treat this as right wing speech. This is how DOJ will address it over and over. Image
This goes to the core of every legal case against Trump. Image
Mackey, which will be appealed but bc Mackey is not a former President, may not get there first, gets a shout out. Image
This is where DOJ compares Trump's historical analogies, starting with 1800, begins, for the historians in the crowd.

documentcloud.org/documents/2412…
Take that, John Eastman. Image
This section, on the 1876 election, is sort of hilarious. Image
Some guy named Biden features prominently in DOJ's treatment of 2016. Image
This may impact efforts to DQ Trump under 14A. Image
More on DOJ and Incitement to Insurrection. We may have to wait 50 years to learn what prosecutors really thought abt applicability to Trump.

It addresses, but does not answer, a lot of discussion abt insurrection.

documentcloud.org/documents/2412…
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More from @emptywheel

Jul 15
Also, she claims there has been little judicial scrutiny of this, ignoring the 4 precedents and Hunter Biden's similar challenge rejected by 2 Trump appointees.
Oh also: If she's right, statutes of limitation on Trump's alleged crimes go until 2027.

Hunter Biden's started expiring last year.
The hubris of someone with the confidence that these services rendered will be rewarded with a gratuity in a year's time. Image
Read 7 tweets
Jul 7
Some amusing bits about the media frenzy.

1) We've talked about little but Biden's age since January. Yet certain hacks with a gripe claim they were the only one telling that secret that led all the news.
2) CREDIBLE stories -- that is, the ones that quote people on the record and/or very specifically described people anon, rather than just inventing a conspiracy retroactively based on feels -- all describe a decline since January, and more in recent months.
3) MANY of the people posing as journalists appear not to understand there are two questions: Does he drop from the race, does he drop from the presidency.

Given that the more detailed reports are about STAMINA and speaking (not dementia), those are different things.
Read 7 tweets
Jun 25
Journalists (who should be smarter than right wing propagandists) all seem to be missing something about the MAL filing.

This blue leatherbound box is where these classified files were taken from -- the source of the famous pic released last August.

If you don't understand that, you understand almost nothing abt the filing.Image
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How do we know the blue leatherbound box = the classified docs in the August box?

Warrant returns are your friend!!

So are item numbers, in which this box is IDed as item 2 and its contents 2A. Image
Why does it matter that that blue leatherbound box = the August picture = Item 2?

Because that's one of the central things they're fighting over, and certain right wing propagandists are lying about.

Q pertains to treatment of cover sheets.
Read 6 tweets
Jun 25
DOJ releases new pictures of Trump's stolen document boxes getting dumped.

storage.courtlistener.com/recap/gov.usco…
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Aileen Cannon is doing her best to prevent a trial before the election, but by all means make sure we get more pictures like this one (my annotations). This box had the most sensitive docs found.

storage.courtlistener.com/recap/gov.usco…
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DOJ reiterates their assertion that the cover sheets in the famous photo, AND close to 50 empty cover folders, were in the blue leatherbound box when they found it.

storage.courtlistener.com/recap/gov.usco…
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Read 4 tweets
Jun 24
Let's correct the false claims here.
1) Egypt National Bank convinced Beryl Howell they complied with this subpoena -- it's unclear how the Chinese records resolved.
2) Mueller didn't tank this investigation. After a long subpoena fight, he handed it over to DCUSAO.
3) That's precisely the same thing he did with Roger Stone investigation: After year-long subpoena delay, he handed over still ongoing investigation into whether Stone conspired w/RU on CFAA.
4) We know what happened to Stone investigation: Barr killed it, Trump killed it more.
5) We don't know, for sure, what happened to suspected Egyptian funding (via way of China??) investigation; it was killed in same weeks when Barr was killing most of the rest of Mueller. It's possible that refusal to subpoena Trump Org killed it.
Read 6 tweets
Jun 21
Reupping: Judge Hernán Vera denies Garrett Ziegler's MTD against Hunter Biden's lawsuit.

I'm still seeing people wildly misrepresent this lawsuit. It is not abt distributing data. It is about HACKING it.

emptywheel.net/2024/06/21/gar…
There was an iPhone--one central to the gun case against Hunter--saved ONLY in iTunes (not iCloud), and protected by a password. Ziegler admits he accessed it -- lots of journos have relied on him doing so. Q is whether doing so was accessing Hunter's data.
It'll be an interesting legal case (Ziegler is arguing that bc Hunter never owned the hard drive on which he, Ziegler, obtained the PWD-protected iPhone content, it is not Hunter's data). But it'll be still more interesting discovery.
Read 4 tweets

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