🚨 #JeffClark 4/4/24 9:30am ET Livetweet 🧵: DAY 7 of DC Bar Disbarment Trial of Jeffrey Bossert Clark. ⚖️ "Hot Bench" for Closing Arguments Day! Will a "preliminary non-binding statement" issue? Will Jeff stay dressed?🍿 #JeffClarkTrial Live (no archive): youtube.com/@d.c.bprhearin…
⚖️ #JeffClarkTrial: Re VoterGA crank conspiracy theorist Garland Favorito, an outstanding, comprehensive analysis by Georgia expert @LorenCollins:
https://twitter.com/LorenCollins/status/1775603281739297241
#JeffClarkTrial ⚖️ "Painful testimony" analysis by @WeakGameForever of Mike Lindell acolyte, Cause of America's Shawn Smith.
https://twitter.com/WeakGameForever/status/1775671587737370799
#JeffClarkTrial ⚖️ "‘No substance’: GOP Rep. Scott Perry castigated at Jeff Clark’s disciplinary trial" Hamilton Fox: "Public officials have a tendency to want to hide from confrontation and not be cross-examined." rawstory.com/jeff-clark-sco…
#JeffClarkTrial ⚖️ From Devin Nunes' Mom's Son Devin @visionsurreal
👆 Re: my thread above on threats to 2024 elex--a sizable portion devoted to United Sovereign Americans--note U.S.A.'s Harry Haury continued to testify in Jeffrey Clark's defense today.
👆 Re: my thread above on threats to 2024 elex--a sizable portion devoted to United Sovereign Americans--note U.S.A.'s Harry Haury continued to testify in Jeffrey Clark's defense today.
https://twitter.com/visionsurreal/status/1775693696781918519
#JeffClarkTrial ⚖️ #ElectionDenier crank Clay Parikh, who humiliated himself at Kari Lake's failed AZ election trial, shows he doesn't care about @DC_Bar court rules and shares a bootleg video while lapping out of Shawn Smith's water bowl. #NoIntegrity
https://twitter.com/ParikhClay/status/1775536152457396383
#JeffClarkTrial DAY 7 Here we go! The penultimate day in the DC Bar's Disbarment Trial of Jeffrey Bossert Clark. Today are Closing Arguments, and Merril Hirsh says it'll be a "hot bench" (many questions). Let's see some HEAT! 🔥
#JeffClarkTrial ⚖️ Hamilton P. “Phil” Fox III begins Closing for the DC Bar. He serves as Disciplinary Counsel for the Office of Disciplinary Counsel in DC. Phil joined in 2011 as an Assistant Disciplinary Counsel after retiring from Sutherland, Asbill & Brennan, where he had practiced since 1990.
#JeffClarkTrial ⚖️ Hamilton Fox begins with DOJ Jeff Rosen's notes with Trump saying: "Just say the election is corrupt & leave the rest to me & GOP Congressmen". Jeffrey Rosen & Richard Donoghue won't do it because of integrity, so Trump looks for someone who will: Jeff Clark.
#JeffClarkTrial ⚖️ Jeff Clark is on White House call logs calling in. Even though his superiors said his proposed letter was wrong, and he violated DOJ Executive Branch communication policy, Jeff Clark RECKLESSLY kept going.
#JeffClarkTrial ⚖️ DC Bar's Hamilton Fox moves to the inaccuracies (lies) of Jeff Clark, looking to pump false information to help overturn the 2020 US Election. Clark had NO INVOLVEMENT in election investigations. AG Bill Barr said it was untrue. But Clark submitted it anyway.
#JeffClarkTrial⚖️DC Bar's Fox moves to impeach the Georgia "Ligon Report", which says it's for "information purposes only" and is full of inaccuracies. "If Jeff Clark had done a bit of due diligence, he would have known that." 🔥 Fox is focused on proving the @DC_Bar's ch"arges.
#JeffClarkTrial Chair Merril Hirsh jumps in with the 1st Q to Fox. Hirsh: If you have X & non-X, if you have this letter & Clark said either send it out or he becomes AAG, wouldn't that become DOJ policy? Fox: Clark said he didn't know any of this, said irregularities with no basis. Favorito's report was much later.
Fox: Jeff Clark didn't just ignore due diligence, it was WILLFUL BLINDNESS (intentional dishonesty). The GA US attorney would inform Clark there was no election issues -- Jeff Clark did not call him. Did Clark cite a basis for investigation? Nothing, it was to toady for Trump. RECKLESS. #JeffClarkTrial:
Re Jeff Clark: Fox: "If everybody tells you you're wrong, and that's what DOH said over & over, it's INTENTIONAL DISHONESTY. Hirsh: Does evidence show Clark DID NOT BELIEVE what was in the letter? Fox: No because no rational evidence... Hirsh: Do you think he thought it was false? Fox: When someone tells you something repeatedly info is wrong and you don't act, you're intentional (unless you're deranged). A rational person with evidence to the contrary who still says the moon rises in the east is willfully blind. #JeffClarkTrial
#JeffClarkTrial On Dec 7, GA Gov Kemp ascertained the electors (ONE SET). There was no 2nd set. The Electoral College met Dec 14 & confirmed. Jan 6 is when Congress certifies EC under ECA. Jeff Clark's actions were Jan 2 & 3. Think of the chaos that would have ensued.
Hirsh: If Clark had become Assistant Attorney General & did this, wouldn't that become DOJ policy? Fox: NO because Clark's letters are still false statements. It's magical thinking to say if I don't have concerns but I'll sign this letter... (Hirsh reiterates he's going to ask both sides tough questions.) #JeffClarkTrial
#JeffClarkTrial DC Bar Panel Chair Merril Hirsh is hypothesizing what if Jeff Clark was just trying to convince DOJ, or if Trump decided Clark should speak for DOJ... so the letter was only going out if Clark was appointed AAG or Rosen et al agreed. Fox: Premise is wrong.
#JeffClarkTrial DC Bar Fox: Jeff Clark wasn't trying to convince them, it was an act of A FORTIORI -- send this letter or else. You have to have FACTS. Can't just say problems. No place in this record that Clark made factual, logical arguments.
#JeffClarkTrial DC Bar Fox: Jeff Clark was involved in an act of coercion... the important thing was sending the letter so the election could be in doubt. A quasi-legal proceeding. Mythical sets of electors to send to VP Pence so Jan 6 someone has to decide which are appropriate.
#JeffClarkTrial DC Bar Fox explores what the consequences would have been from Jeff Clark's recklessness. The letter would have resulted in chaos. If the recommendation had been accepted by GA Legislature, DOJ would have set off a tsunami of actions.
Clark's actions would have resulted in an explosion of "unnecessary legal activities". This refers to violation of DC Bar's 8.4(d) regarding Improper conduct. Fox & Hirsh discuss cases that deal with this issue and that it doesn't always have to relate to judicial proceedings. #JeffClarkTrial
DC Bar Fox says he welcomes tough questions. Hirsh is looking at the "extra legislative" issues that folks like Favorito et al are saying could be illegal or fraud. Does that taint things? Fox: Look at Rudy's case. He brought a PA case with no factual basis. Thrown out. Was found to be violated of 8.4(d). #JeffClarkTrial
DC Bar Fox: Each case's facts matter a lot. If there were problems, bring the claims to court. (Trump & Allies did & record was 1-64). But that wasn't what Clark was advocating -- he wanted another set of electors & create chaos on Jan 6.
DC Bar Panel's Attorney Rebecca Smith asks about "attempt". What if Jeff Clark changed his mind? Fox: He didn't, he didn't abandon it, Trump decided not to do it. Hirsh: What if Clark heard DOJ & said, OK, I change my mind? Would we have a case? Fox: Probably not. #JeffClarkTrial
#JeffClarkTrial: DC Bar Hamilton Fox continues: But Jeff Clark continued to argue a position unsupported by facts and would result in disaster: What would have happened Jan 6 if there were 2 sets of electors to "throw the election to the House" etc?
#JeffClarkTrial: Merril Hirsh: What's the impact of a compressed time period? Does it affect Jeff Clark's recklessness?
Fox: Yes, it's MORE reckless. It's set up for tight timeframes. If your conduct based on lack of information is to gum up the works, more reckless.
Fox: Yes, it's MORE reckless. It's set up for tight timeframes. If your conduct based on lack of information is to gum up the works, more reckless.
Hirsh asks how is Jeff Clark's recklessness affected by Rudy Giuliani submitting a public court filing vs. Clark doing something internal? Fox: If someone at DOJ said let's indict Kamala Harris in 2020 to hurt the election, DOJ said no basis, but the person wouldn't stop it's reckless.
⚖️ READ: Letter Jeffrey Clark Circulated At DOJ In Attempted Georgia Coup. One of the basis for the potential DC Bar Disbarment of Jeffrey Bossert Clark. He faces similar charges in the Fulton County GA RICO trial. #JeffClarkTrial Part 1: talkingpointsmemo.com/news/trump-doj…
⚖️ READ: Part 2: Letter Jeffrey Clark Circulated At DOJ In Attempted Georgia Coup. One of the basis for the potential DC Bar Disbarment of Jeffrey Bossert Clark. He faces similar charges in the Fulton County GA RICO trial. #JeffClarkTrial talkingpointsmemo.com/news/trump-doj…
⚖️ JeffClarkTrial: DC Bar attorney Hamilton Fox finishes his Closing Argument. Jeff Clark's conduct violated the DC Bar rules and the Bar should condemn. Clark's counsel will Close after this break & before lunch break, even if that's later than Noon ET. Break until 11:25am ET.
Suspended AZ attorney & Ozempic withdrawal victim Rachel Alexander confuses "pushback" with what Merril Hirsh said, hot bench with questions for both sides. #JeffClarkTrial
While Ozempic victim, suspended AZ attorney & journalist Rachel Alexander really wants you to see Jeff Clark's attorney's Closing Argument, she seems to think it's de minimis to hear opposing counsel's Closing from the DC Bar. ⚖️ #JeffClarkTrial
#JeffClarkTrial ⚖️ For suspended AZ attorney & Ozempic withdrawal victim Rachel Alexander, the Trial and Closing Arguments don't matter anyway:
100% JEFFREY BOSSERT CLARK WILL BE DISBARRED.
Good to see Americans coming together in agreement! 🇺🇸
100% JEFFREY BOSSERT CLARK WILL BE DISBARRED.
Good to see Americans coming together in agreement! 🇺🇸
#JeffClarkTrial ⚖️ And we're BACK! Now Jeff Clark's attorney's Closing Argument by Harry MacDougald, an Atlanta-based attorney and co-managing partner of Caldwell, Propst & DeLoach, LLP. MacDougald was part of the legal team that worked with the Southeastern Legal Foundation to challenge the EPA’s endangerment finding.
Jeff Clark's attorney Harry MacDougald begins Closing Argument: Unusual & unique case, testimony from 2 Attorneys General, Oval Office raised-voice arguments. We can't find a previous case about an internal document, never released being charged. #JeffClarkTrial
Chair Hirsh interjects: Just because someone's the head of a dept like DOJ doesn't mean you can't write a false letter. Just because an AAC signs a letter saying 4M false ballots doesn't mean it's true. Shouldn't there be a basis on who's making the decision? MacDougald: Yes. #JeffClarkTrial
Hirsh interjects again: Vs "gets to the bottom line" in court cases re Georgia election, isn't it about whether it's outcome determinative? Trump brought the contest & it was rejected.
Hope Rachel Alexander is cool with the "pushback" on this Closing Argument. #JeffClarkTrial
Hope Rachel Alexander is cool with the "pushback" on this Closing Argument. #JeffClarkTrial
JeffClarkTrial ⚖️ MacDougald says it's opinion. Hirsh says DOJ doesn't have unlimited authority. North Korea policy is from the State Dept, etc. So it's not just opinion or head of dept, it's role of agency, right?
MacDougald; Yes. President is "human embodiment" of exec branch. Under the "take care clause", it's within the authority of POTUS to address it. How to exercise Article II authority. Hirsh: Intentionally absurd argument: If Biden said Garland, I may not win the election so deduct $25 from every gov't paycheck. He's trying to find a statutory vs. constitutional argument.
Hirsh: If people were caught burglarizing an office & helped the president cover it up... McD: We've had that, John Mitchell did that, and went to jail. Hirsh: And was DISBARRED. McD: Yes.
Now McD is parroting the Trump line that Biden is bringing all these lawsuits because he's head of the exec branch. Hirsh: Presidents don't review every filing of Justice, right? But you're saying since they're filing an indictment so it's the President doing it is absurd.
Panel attorney Rebecca Smith: Agree a complicating factor was president as a candidate vs exec officer? McD: Yes. RS: It's clear to me it was a factor but how it played out is a question. Was it a candidate making request or exec? McD: People were thinking about it. RS: So your Art II argument means only exec? McD: Yes.
RS: The Challenge is dealing with the facts. Conduct before & after this discreet period. Of relevance are notes of Richard Donoghue... was that exec calling or candidate calling? It's not as clear as exec & DOJ reps him.
MacDougald cites frivolous Golmert v Pence case which was almost instantly dismissed. He says Jeff Clark getting that clunker tossed is an example of Clark doing things against Trump's interest. #JeffClarkTrial Hey Rachel Alexander: McD says the Panel has been fair & honorable.
🚨 #JeffClarkTrial: DC Bar panel chair Merril Hirsh is bringing back Exhibit 8 to address the "president v candidate" concern of Ms. Smith. 1. Isn't the urgency, send it quickly because 12/28 & needed 1/6 vs accuracy because Trump wants re-election & that's not Clark's job.
🚨 #JeffClarkTrial Hirsh: 2. Hard to see how there could be "no valid downside" when Pat Philbin says "It's a murder-suicide pact that will cause chaos in the streets"? Doesn't this support Fox's argument? It's to change the election. How is it not reckless?
🚨 McD mumbles... something. Hirsh interjects: NO VALID DOWNSIDES? We can only understand what Jeff Clark was doing in this letter by his effort to have Trump re-elected. Re recklessness, difference between intent (subjective -- willful blindness) vs. stop signs ignored, kept running them obliviously. #JeffClarkTrial
McD: "Ligon Report" was an example McD says Richard Donoghue testified that Jeff Clark showed he had a "basis" for the opinion. He asked for a classified briefing & to see files, refused. Hirsh: Can disagree with weight/sufficient but can't say he had nothing. (My opinion: He had nothing). #JeffClarkTrial
Hirsh's recollection is that Donoghue talked about the right place at DOJ for investigation, not about Clark's opinion. There's no dispute Clark didn't call the US Attorney. Why if he was looking for facts?
McD: For #JeffClarkTrial, we sought ODNI classified transcript of DNI to show intelligence agencies were against Trump... 🙄 Hirsh: Any of that in evidence? McD: No. But we didn't get what we wanted! Not fair! 🍼
Hirsh: Regardless of today, we're going to have briefing. I'm asking hard questions of both sides so you have something to think about for briefs. I'm thinking about recklessness with Jeff Clark's state of mind. McD: Successful defense of Gohmert case... Hirsh: Little info in evidence. Did he argue it? Etc. Lots of people on briefs. Personal involvement?
McD says he asked Donoghue & he testified that Clark involved. Hirsh not convinced. McD goes back to no classified info. He said this was viewed as coercing Rosen & Donoghue, but could have been an act of humility. ✝️ He was named AAG but didn't send the letter! But didn't.
McD: "Insufficient evidence that Jeff Clark was dishonest" in the Georgia letter. Patricia Mathews asks if Clark introduced himself as AAC. McD doesn't know. Rebecca Smith: So call log referring to Clark as AAC is all in the record? McD: And Rosen said Clark said in a meeting.
McD: Pat Philbin said Clark was totally 100% sincere & that this would destroy his career. Clark replied he had a duty. Most people wouldn't. But Jeff Clark had "uncommon courage". Looked up definitions of sincere & dishonest... & Hirsh: Take your point they're antonyms.
Hirsh discusses "sincere". While McD has been saying DC is unfair! Can't get a fair trial! Even if Hirsh thought democracy was on the line, he still wouldn't make a decision because of it. McD keeps bringing up ODNI & Golmert now.
Opinion: McD is trashing Bill Barr, Jeff Rosen, the DOJ, and Washington DC... poor Jeff Clark is only a victim. These answers by Harry do not seem compelling to the panel and may be making things worse. #JeffClarkTrial
💣 DC Bar Panel Chair Merril Hirsh: If Jeff Clark wanted to know what Byung “BJay” Pak found, why didn't he call him? McD: He has his own mind, not a bar violation "thought crime" not to call... Hirsh: He had many witnesses he never talked to, what's the meaning of that? McD: Um um group think... Hirsh: Clark had so much evidence he didn't need Pak? He had all that to rush the letter out? #JeffClarkTrial
#JeffClarkTrial Patricia Mathews: No need in a discussion to have factual info? McD: Sure, he had Ligon Report! 🚀 Lawyers across the USA are watching this case -- we need brave lawyers. If Clark gets "strung up", where will it stop? (needs underscoring)
DC Bar Panel's Rebecca Smith: Looking for facts. DOJ vehemently disagreed with Clark. No GA folks claiming irregularities talked to Clark (maybe in Ligon). Anything else we should consider in this due diligence, with strong disagreement over the facts, what did Jeff Clark do to investigate? McD: Record is a little sparse but plead with you to read Ligon Report.
Opinion: McD is blaming all the bulls*t conspiracy theorists like Garland Favorito et al -- they made things confusing! Nobody would take these unqualified cranks like Stan Young seriously! But humble Jeff Clark was America's Hero for pursuing truth, justice & the American Way! 🎪
DC Bar panel has been attentive & respectful. But McD keeps going back to the ODNI report & Ligon nonsense. Hirsh getting frustrated & panel is eyerolling some. Even though Trump-appointed, Senate-confirmed Rosen & Donohue didn't agree with Clark, the panel should ascribe motive to them? Implausible.
McD: "I'm the 1st who ever asked Jeff Rosen & Richard Donoghue hard questions... others were a 'lovefest'". 🍻 Hirsh: Consider your defense that all of these people (Trump inner circle) were stonewalling Trump's re-election, I don't see the support. McD: We can disagree without... #JeffClarkTrial
Patricia Mathews: When did Clark decide this was "his issue"? McD: Great question Mathews: Thank you McD: Between meeting with Trump & 12/28 but there's no evidence in the record about it. Doc dated 12/17 summarizing testimony of 12/3. Ligon, Ligon, Ligon... lots of ACTION!
Jeff Clark's attorney Harry MacDougald: "Words of Jeff Rosen and Richard Donoghue are not the Word of God. They're not coming down from Mt Sinai". What?
Opinion: Jeff Clark's Closing Argument is getting worse. Panel pushing back constantly. Lunch an hour behind! #JeffClarkTrial
Opinion: Jeff Clark's Closing Argument is getting worse. Panel pushing back constantly. Lunch an hour behind! #JeffClarkTrial
McD is giving a pretty poor explanation of 1960 Nixon-Kennedy Hawaii Electoral Votes. #LukeCrew has heard strong, comprehensive testimony (I think from John Yoo in the #EastmanTrial, it's in ThreadReaderApp). Significant differences between 1960 & 2020 like HI judicial ruling.
Fox News no less --
https://twitter.com/FrankRi92249714/status/1775934479292383235
Many are saying...
https://twitter.com/FrankRi92249714/status/1775930274079281336
Jeff Clark's lawyer MacDougald: "Breaking the causal chain" "Two ships passing..." "de minimis" "Jeff's letter is not improper, never sent. If we open the door it can't be closed" "Wastebaskets of America's lawyers are not the basis of bar violations". "DC Bar doesn't cover Oval Office"🎻
⚖️ Almost 2 hours: Hirsh has had enough. He was a Justice Dept employee when Hirsh took his oath. For Jeff Clark to take it with "fingers crossed behind his back"... Bar discipline is for deterrence & public integrity (not punishment). Part of Clark's burden is "sorry DC, even though you've determined violation, you still need to welcome him to the world". 🌎 #JeffClarkTrial
Harry MacDougald, not taking the hint about 2 hours and no lunch, says "soon" he's moving on to his next point. Then he says the DC Bar doesn't have the authority to adjudicate this since it involved the Executive Branch. #JeffClarkTrial
Jeff Clark's Closing Argument finishing! ⚖️ West Virginia State Board of Education v. Barnette: Justice Robert Jackson said on Flag Day in 1943: “Freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.”
Hirsh: Anything from DC Bar Fox? Fox: "The hour is late & we are hungry!" 🍔3 points:
1. Chain of custody broken -- confusing. Kemp said no GA Special Session, Clark knew. Clark said Kemp SHOULD under the independent legislature theory (struck down by SCOTUS). Clearly, if letter was accepted, huge consequences. #JeffClarkTrial
1. Chain of custody broken -- confusing. Kemp said no GA Special Session, Clark knew. Clark said Kemp SHOULD under the independent legislature theory (struck down by SCOTUS). Clearly, if letter was accepted, huge consequences. #JeffClarkTrial
2. "Irregularities & Fraud" -- Irregularities are not a "term of art" If asserted, DOJ will look -- if criminal (fraud), they'll investigate. No real disconnect there. There are state & federal roles. State controls, makes rules. Clark tried to accelerate. #JeffClarkTrial
3. Clark had no knowledge of the witnesses' answers when he was doing this, and didn't know anything about it. McD keeps talking Ligon Report. That was early Dec. DOJ testified thoroughly investigated, esp State Farm Arena. If Clark had bothered to talk to Pak, WHICH WAS AN ORDER FROM HIS BOSS he would have found out. But Jeff Clark didn't develop evidence. #JeffClarkTrial
🚨 JeffClarkTrial Final Arguments complete! Lunch Break until 3pm ET. Stay tuned: Merril Hirsh explains there's a rule that "preliminary non-binding determination of violation" is required. I.e., Is there at least 1 violation that as a committee we think occurred?
#JeffClarkTrial ⚖️ Besides Closing Arguments, the parties still will file briefs. So things can still change. It's bifurcated. The Panel recommends, they don't create the final answer. That goes to the DC Bar Board. Off to lunch until 3pm ET while they make that decision.
People have been really kind about my livetweeting & asked to Buy Me a Coffee (Needed it with those Closings!). So I created a page. It's for fun if you're enjoying. Thanks for your support, friends! buymeacoffee.com/lukejohnson2
@threadreaderapp unroll
To be sure this doesn't go over the post limit for ThreadReaderApp, will close this thread and start another for the 3pm Finale.
To be sure this doesn't go over the post limit for ThreadReaderApp, will close this thread and start another for the 3pm Finale.
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