Thread by @MuellerSheWrote

THREAD: This is a great thread in that it offers criticisms of DoJ without trashing the institution. I'd like to go through it. I agree with the first point. Special Counsel should have been appointed to investigate Trump earlier. I called for one back in Oct 2021. 1/

https://twitter.com/djrothkopf/status/1755784456588169358

Next point: Jack Smith should have charged insurrection because a conviction would result in disqualification. I can see that, though it would have brought a 1A headache, which is not only hard to charge but would be a guaranteed interlocutory appeal. 2/

Additionally, a conviction wouldn't have been guaranteed, & a conviction wouldn't have happened in time. Besides, I agree with @maddow that Kavanaugh only brought that up because trump WASN'T charged with insurrection. Had he been, Kavanaugh would have found another argument. 3/

Next up: Jack Smith shouldn't have sent the documents case to Florida. I 100% agree with this one. It should have stayed in DC. Next: Garland shouldn't have appointed a GOP partisan (Hur). I 100% agree with this one, too. 4/

Next: Jack Smith failing to prosecute members of congress and other leaders of the coup. I disagree with this one. I think it was smart to charge trump first and alone. It makes for a much faster trial. 5/

If Jack Smith indicted everyone at once, imagine the time it would take to deal with all their pre-trial motions and interlocutory appeals - especially members of congress who DO enjoy the speech or debate privilege. The trial of trump et al wouldn't happen until 2025. 6/

Also, indicting members of congress doesn't automatically remove them from congress. See Bob Menendez. I'm hoping the rest will be charged once there's no risk in delaying trump's trial. If the DoJ does NOT indict them after the trump trial, then yeah, I'll be pissed. 7/

Next: failing to do anything about SCOTUS corruption. I 100% agree. Why isn' Thomas under criminal investigation for tax evasion for the forgiven RV loan, tuition payments, and the real estate gifts? And meanwhile, why isn't TRUMP under federal investigation for tax fraud? 8/

Next: failing to do anything about jared or ivanka. Agree here, too. Where's the probe into the $2B from KSA? Again, David points out that they (and SCOTUS) could be under investigation and we just don't know, but assuming they aren't - yeah that's bullshit. 9/

Lastly, the general feeling that this DoJ has bent over backwards to appear non-partisan. I also agree with that. I think the pendulum has swung too far to the cautious side. 10/

Anyhow, see? There's a big difference between offering thoughtful criticism about institutions without tipping into all-out attack mode. Great thread, @djrothkopf!