Jonathan Turley Profile picture
Feb 8 2 tweets 1 min read Read on X
The DOJ is defending the lack of criminal charges against Joe Biden while noting the difficulty of going to trial against a "‘well-meaning, elderly man with a poor memory." ...
.....Biden is found to have "willfully retained" documents but he is still viewed as too "sympathetic" person for a potential jury. Conversely, Trump was clearly viewed as neither sympathetic nor sufficiently old to warrant such consideration.

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More from @JonathanTurley

Feb 9
Despite President Biden's denials, the report is full of references to willful retention including headings such as "THERE IS EVIDENCE THAT MR. BIDEN WILLFULLY RETAINED THE CLASSIFIED AFGHANISTAN DOCUMENTS."
...The effort to shift blame to his staff is curious when he admits that these documents go back 40 years. That includes material removed from Senate SCIFs, presumably by himself, in violation of clear rules...
...Ironically, President Biden's insistence that he had recall of these facts suggests that he was not forthcoming in denial such knowledge or memory. Either Biden is diminished as president or he was deceitful with the special counsel, who detailed gaps in memories...
Read 5 tweets
Feb 8
In an hour, the Court will hear arguments in Trump v. Anderson. Here is a breakdown of the issues and what to expect. I will be joining the live coverage and doing my usual running analysis on Twitter/X.…
...Notably, Jason Murray, who will be arguing for Republican voters supporting disqualification, clerked for Justice Kagan. He also clerked for Justice Gorsuch when he was an appellate judge on the Tenth Circuit...
...The case brings back memories for some of us covering Bush v. Gore, the first case with audio access to the arguments. I was then doing legal analysis for CBS and it seems like just yesterday . . . not 24 years ago...
Read 49 tweets
Feb 6
The D.C. Circuit order adds a wrinkle on scheduling by saying that Trump only has until Monday, Feb. 12 to file with the Supreme Court. The standard rules allow Trump 90 days. If he does not, the mandate returns to the District Court which can restart pre-trial proceedings...
...However, if the judge restarts pre-trial proceedings it could again be interrupted by an appeal. That includes a possible emergency motion to the Court to stay proceedings. That would go Chief Justice Roberts and he would likely send it to the full court...
...If a stay were issued, we would be back to the possible filing of an en banc decision and then a later petition to the Supreme Court and months of delay in filings alone...
Read 4 tweets
Feb 6
In a 57-page opinion, the D.C. Circuit has rejected, as expected, former President Donald Trump's sweeping immunity claim. Many of us anticipated this result. Here is the opinion…
...Notably, the panel rejected the claim of many critics that there should be no appellate review. However, it categorically rejects the claim of Trump that he is entitled to immunity as a private citizen...
...The question is now whether Smith will again seek to curtail the time or options for Trump in appealing this decision. Trump has weeks to file for a full en banc review. He was previously unsuccessful in that effort with the Supreme Court.
Read 8 tweets
Feb 5
This weekend, Mike Gills died from injuries after yet another carjacking in Washington, D.C. I have lived in and around D.C. since the 70s. Yet, I admit that I now avoid walking around the city out of concern over the…
...We often take our older, less expensive car when we drive into the city to avoid being a target. I spoke recently to a businessman who is closing his restaurant because of the crime and lack of support by the city...
...I love D.C. and first came here as a congressional page. It is a beautiful city that should be the safest in the nation. Yet, we have an attorney general who has thrown up his hands and said that we cannot prosecute our way out of crime.…
Read 4 tweets
Jan 18
The Third Circuit just delivered a major win for gun rights in striking down Pennsylvania’s bar on 18-to-20-year-old adults carrying a loaded firearm...…
...The court held such laws would make ‘the constitutional right to bear arms in public for self-defense … ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’”...
...This is a reversal of Judge Stickman in 2021 who ruled that "restrictions on ... people younger than 21 fall within the types of "longstanding" and "presumptively lawful" regulations envisioned by Heller and, thus, fall outside the scope of the Second Amendment...
Read 4 tweets

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