Roger Parloff Profile picture
Jun 2, 2024 18 tweets 6 min read Read on X
Trump apologists now argue that Trump’s 34 crimes were wrongly upped to felonies—as if 34 misdemeanors are A-OK, on top of civil judgments for persistent fraud on lenders, charity fraud, sex abuse, 3 defamations, his company’s 17 felony convictions for tax fraud, etc. ...
1/15
... But what of the simple scumminess of this candidate, as evinced by the NY trial evidence? Let’s look at a few examples. E.g., remember that one component of the Trump-Cohen-Pecker deal was to smear Trump’s primary opponents. ...
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... According to AMI CEO David Pecker’s testimony, Cohen would say “we would like a negative article on, let’s say, Ted Cruz” or Ben Carson or Marco Rubio. After a primary debate, Cohen would direct the National Enquirer on “which direction we should go,” Pecker testified ...
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... So between 10/17/15 & 12/7/15, the Enquirer ran 6 hatchet jobs that plastered Carson with epithets like “bungling surgeon,” “brain butcherer,” “Ben the butcher” & accused him of “ ‘lies’ over military & violent past." (Trump later named him his HUD Sec’y.) ...
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... And between 2/12/16 & 7/25/16, the Trump-Cohen-Pecker deal smeared Ted Cruz 18 times, dubbing him “boozin’” & “pervy”; linking him to a “porn star”; “5 secret mistresses”; an “alleged prostitution secret”; & linking his father to JFK assassin Lee Harvey Oswald ...
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... And between 12/16/15 & 2/2/16, the trio, per their deal, allegedly smeared Marco Rubio in 3 headlines, suggesting a “love child” scandal; a “cocaine connection”; & a “cheating scandal.” ...
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.. Remember when a political party might have recoiled from a candidate who, when he was 60, allegedly pressured a 27-yr-old to have sex with him, saying, “I thought you were serious about what you wanted. If you ever want to get out of that trailer park—” ...
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... Or by loyalist Hope Hicks’ testimony that when confronted with the Access Hollywood tape transcript on 10/7/16, instructed Trump’s team to “deny, deny, deny.” The lie was “reflex,” she said. She wasn’t embarrassed about the lie on the stand—only about its inefficacy ...
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... And when the WSJ came to Hicks on 11/4/16 with its info about AMI having bought Karen McDougal’s silence about her alleged affair with Trump, you see the whole Trump lie factory reflexively kick into operation once again. ...
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... Hicks instantly drafts four potential statements blaming “the liberal elite” & “a publicity hungry individual with a get rich and famous quick scheme.”...
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... She shows her 4 proposals to Trump & then to Cohen, who know they’re false ...
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... Cohen then proposes an alternative false statement. He blames “the liberal media” and “Clinton machine.” ...
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... Hicks then shows Cohen’s proposed lie to Trump, & informs him of a proposed lie by Pecker, admitting paying McDougal but claiming it was just a legitimate contract for her to write health columns. ...
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... Finally, Trump instructs Hicks to adopt a vaguer lie—to just deny everything and deny knowledge of any payment—the approach she takes.
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... When choosing a presidential candidate, the crucial question isn’t whether, on appeal, he can persuade an appellate court that his crimes should have been charged only as misdemeanors. The question is whether the candidate is a pathological liar with no moral compass. ...
/15
... If you doubt the fairness of my descriptions, you can review the full context of Pecker’s testimony in this Dispatch by my @lawfare colleagues @annabower, @tylermcbrien & Ben Wittes ...
/16

lawfaremedia.org/article/catch-…
@lawfare @AnnaBower @TylerMcBrien ... and, similarly, if you want to see the full context of
Stormy Daniels’ testimony, see this dispatch by my @lawfare colleagues @annabower, @tylermcbrien, Ben Wittes, & @quintajurecic here:
/17

lawfaremedia.org/article/stormy…
@lawfare @AnnaBower @TylerMcBrien ... There are similar dispatches for every day of the trial. Finally, please consider a donation to the @lawfare crew to continue covering the Trump trials below. Thanks!
/end
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More from @rparloff

May 13
A month after SCOTUS ordered govt to “facilitate” Abrego Garcia’s return, parties filed briefs last night over “state secrets” & “deliberative process” privileges. On 5/7 Secy Rubio filed sealed declaration claiming that any “agreement” with Bukele is a “state secret.” ...
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... Abrego Garcia says Rubio’s declaration is “vague & boilerplate” and belied by public statements galore by Rubio, Bukele & others. (State secret can be invoked when compelling evidence would “expose military secrets” compromising “national security.”) ...
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... Interestingly, Abrego Garcia's attys say that, during mysterious week-long pause in case, govt “apparently” suggested to court that it was working to secure his return, even as senior officials said “precisely the opposite to the American public” ...
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Read 5 tweets
May 12
Will courts ever declare that Trump is unlawfully dismantling Congressionally created agencies? Or will they just treat his actions as if they were ordinary cuts & trims—albeit on an unusually large scale? Will courts ever see the forest for the trees? Thread ... 1/11
In 2 remarkable recent orders, judges saw the forest. In one, on Friday, Judge Ilston of SF issued a broad temporary restraining order freezing efforts to dismantle 21 federal agencies. In the other, on 4/22, Judge Lamberth of DC saved, for the moment, Voice of America ...
/2
... The hurdle both orders face on appeal is this: Ordinary federal employment disputes get shunted off to administrative bodies that can’t issue injunctions or address constitutional questions. The govt says that that’s what should’ve happened in these cases, too ... /3
Read 14 tweets
May 10
Let me unpack this. Judge James Hendrix of the Northern District of Texas is refusing to permit Venezuelans detained there to bring a class action challenging the lawfulness of Trump’s Alien Enemies Act proclamation or to ensure minimum due process measures. ...
1/5
... While Hendrix concedes that there are some common, class-wide issues—like: Is invoking the AEA even lawful here?—he says individual issues prevail & each incarcerated alien should proceed individually. He also denies class treatment as a matter of “discretion.” ...
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... The judge reasons that individual suits will actually be better for the detainees. What if, for example, a 13-year-old US citizen is mixed in among them? Wouldn’t it be better for him to sue individually than risk getting overlooked in a complicated class action? ...
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Read 5 tweets
May 5
The govt is asking Judge Gallagher in Baltimore to vacate an order she entered on 4/23 requiring DHS to “facilitate” return of a 2d man in El Salvador's CECOT prison, known as Cristian. (Not Abrego Garcia) Govt has filed under seal an “indicative asylum decision” ...
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... Under Judge Gallagher’s earlier orders (4/23 and 4/30), the govt was supposed to tell Judge Gallagher what steps they’ve taken to facilitate Cristian’s return at a status conference tomorrow (5/6/25). ...
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... Cristian, now 20, is a Venezuelan covered by a 2024 class action settlement of a 2019 lawsuit on behalf of unaccompanied alien children. The settlement bars class members from being removed before their asylum claims are finally decided. ...
/3
Read 5 tweets
May 3
A note on Judge Howell’s ruling striking down the Perkins Coie exec order. Key point is in 1st sentence: “No American President has ever before issued exec. orders like the [this] one.” Trump apologists can change the subject or stay silent, but can’t deny she’s right. ...
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Without a blue tic, I can’t even fit all the constitutional violations into one tweet. I count 9: (1) free speech (1st Am); (2) free association (1st Am); (3) right to petition govt (1st Am); (4) right against compelled disclosure of confidential associations (1st Am);...
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... (5) equal protection (5th Am); (6) procedural due process (5th Am); (7) void for vagueness (5th Am); (8) right to counsel in civil cases (when you can afford one) (5th Am); right to counsel in criminal cases (6th Am). Howell does not decide one of Perkins’ claims ...
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Read 10 tweets
Apr 22
In 35-page ruling, DColo judge grants class-wide (statewide) TRO against removing Venezuelans under Alien Enemy Act. Plaintiffs likely to win on argument that ACT DOES NOT APPLY. "Invasion," "predatory incursion," "foreign nation or govt" all absent here. storage.courtlistener.com/recap/gov.usco…Image
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She also finds that DOJ's current 24 hr notice is insufficient. Must provide at least 21 days notice.
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Notice must also tell aliens of right to seek review, right to speak to atty, and must be written in language the alien understands. ..
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Read 4 tweets

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