ATTENTION MIKE PENCE: The most conservative jurist of my lifetime, Robert Bork—the one man willing to help Nixon obstruct justice by firing the man investigating him—wrote that a VP CAN be indicted in office and NOTHING from DOJ has changed that since '73. nytimes.com/1973/10/06/arc…
2/ Unless the ENTIRE Presidential Transition Team AND Trump lied to Mike Pence about Flynn's activities from December 29, 2016 to February 16, 2017—a period of 50 days—Pence lied to CBS.
If he repeats that lie to Mueller, he'll face a federal felony for Making False Statements.
If he repeats that lie to Mueller, he'll face a federal felony for Making False Statements.
3/ And if Pence lies to Mueller and faces a federal felony for Making False Statements, he WILL be indicted ASAP. There will be no delay, no impeachment proceedings, no constitutional debates.
All guidance from DOJ from '73 onward would give Mueller the ability to charge Pence.
All guidance from DOJ from '73 onward would give Mueller the ability to charge Pence.
4/ I'm not saying Pence is next "in the barrel." I think others are. But I said in interviews last week that Flynn's deal means he incriminated "Trump and/or Pence."
If it was Pence—together or separate from Trump—he has NONE of the protections Trump has, and all the liability.
If it was Pence—together or separate from Trump—he has NONE of the protections Trump has, and all the liability.
5/ Mueller recently brought Kushner in to see if he had "info on Flynn that might be exculpatory." But he did so AFTER Flynn was cooperating, so it was a *trap* for Kushner.
Given Kushner and Pence's transition roles, did Kushner's words trap Pence, too? theguardian.com/us-news/2017/n…
Given Kushner and Pence's transition roles, did Kushner's words trap Pence, too? theguardian.com/us-news/2017/n…
6/ Note: the Statement of Offense Mueller published AFTER speaking to Flynn and Kushner mentioned a "very senior transition official"—now known to be Kushner—and a "senior transition official"—now known to be McFarland—but ALSO said the whole transition team offered Flynn advice.
7/ I already did a thread on how Donald Trump Jr. was at Mar-a-Lago with the rest of the transition team when—according to the Statement of Offense in the Flynn case—that team gave Flynn advice via K.T. McFarland. K.T. and Don are friends and he hired her.
8/ Even the conservative publication THE DAILY BEAST says that "the transition team headed by Mike Pence was informed at every stage of Flynn's discussions with Kislyak." thedailybeast.com/very-senior-tr…
9/ THE DAILY BEAST said Flynn almost certainly incriminated the "very senior official" (now, but not then, known to be Kushner) IF that senior official lied to Mueller about his involvement. Well, this would explain Mueller calling Kushner in to talk AFTER he had Flynn's proffer.
10/ Pence was in Broad Ripple, Indiana on Tuesday, December 27, 2016, and he was in Chicago on Friday, December 30, 2016.
Now we need to get a good sense of his movements in between these two dates.
Specifically, we need to know where he was throughout the day on December 29.
Now we need to get a good sense of his movements in between these two dates.
Specifically, we need to know where he was throughout the day on December 29.
11/ Pence didn't tweet between Christmas and New Year's Eve 2016.
The PALM BEACH POST wrote that Pence was "there"—at Mar-a-Lago—but it's not clear, in context, whether the POST meant "on December 29th, 2016" specifically or "in December 2016" generally. mypalmbeachpost.com/news/national-…
The PALM BEACH POST wrote that Pence was "there"—at Mar-a-Lago—but it's not clear, in context, whether the POST meant "on December 29th, 2016" specifically or "in December 2016" generally. mypalmbeachpost.com/news/national-…
12/ MOTHER JONES has written that "it's possible Pence or Trump were part of the group" who advised Mike Flynn on Russia on December 29th, 2016—without saying whether it's "possible" because Pence was known to be in Mar-a-Lago or just "possible" generally. motherjones.com/politics/2017/…
13/ I'm certain that no one in American media can explain to me why our media has yet to get a clear tick-tock for Pence for December 29, 2016. That question should've been asked of the Vice President within minutes of Mueller releasing the Statement of Offense in the Flynn case.
14/ I'd ask any citizen journalists out there who have information on where Pence was on December 29th, 2016 to reply to this tweet with your link or photograph or resource or whatever. It seems to me that this is an issue we can resolve pretty quickly in the digital age, right?
15/ Hat tip to @majesticsiddhi: this article suggests Pence was at Mar-a-Lago on December 29, 2016.
(And yes, if he *wasn't* he still could have been on speakerphone, but from an investigatory standpoint, physical presence is a very, very different deal.) foodsafetynews.com/2016/12/prof-m…
(And yes, if he *wasn't* he still could have been on speakerphone, but from an investigatory standpoint, physical presence is a very, very different deal.) foodsafetynews.com/2016/12/prof-m…
16/ I also have a DM saying that on September 8th, @delavegalaw (a current or former federal prosecutor) tweeted that Pence was at Mar-a-Lago on December 29, 2016. I've seen a photo of the tweet—but haven't authenticated it yet—so if anyone can just RT it "@" me, that'd be great.
17/ Hat tip to @fromtexarkana: tweet confirmed; here's a 21-year federal prosecutor saying Pence was at Mar-a-Lago on December 29, 2016.
The chance McFarland didn't check in with Pence when the Statement of Offense says she checked in with the rest of the team is virtually zero.
The chance McFarland didn't check in with Pence when the Statement of Offense says she checked in with the rest of the team is virtually zero.
18/ So the steps now are pretty simple:
(a) Mueller brings Pence in for questioning;
(b) Pence repeats to Mueller the lie he told America on CBS;
(c) Pence (assuming Flynn, McFarland, and/or Kushner confirm Pence was told, which surely one of them will) is charged with a felony.
(a) Mueller brings Pence in for questioning;
(b) Pence repeats to Mueller the lie he told America on CBS;
(c) Pence (assuming Flynn, McFarland, and/or Kushner confirm Pence was told, which surely one of them will) is charged with a felony.
19/ I've actually *not* been on the "Ryan will be President" bus—even though being on that bus would've helped me explain why Ryan has stuck with the president (the theory being, he knows he's going to get what he wants, so why not look like an ally).
But now I'm getting there.
But now I'm getting there.
20/ Look at it this way: either Pence will admit to Mueller that he lied to America about Russia—thus saving himself legally, but destroying himself politically—or he's going to have to lie to Mueller, briefly saving himself politically until the moment Mueller indicts him. {end}
PS/ Hold up: CNN is reporting tonight that "on the multiple days last December when Flynn was speaking with Kislyak, Pence was thousands of miles away, according to his travel records and a senior transition official at the time, conducting transition meetings in Washington...
PS2/ ...and preparing for his son's wedding in Indianapolis, where he was also busy packing up his move to DC."
The wedding was December 28th—as I understand from Instagram—so that "preparing" isn't relevant to the 29th. So does that mean he was in Washington on December 29th?
The wedding was December 28th—as I understand from Instagram—so that "preparing" isn't relevant to the 29th. So does that mean he was in Washington on December 29th?
PS3/ The problem is, Flynn spoke to Kislyak on December 28, so yes, Pence was in Indy "on [one of] the days Flynn spoke to Kislyak"—we knew that—but I can't tell if CNN has a tick-tock for Pence on the 29th—the day that really matters, here. That's not clear from the CNN article.
PS4/ I don't know whether—when CNN reviewed Pence's travel records—they realized that the day we need to know about is *not* a day Flynn spoke to Kislyak, but a day *after* such a day (so, December 29 rather than December 28).
I feel like that mystery is still an open one here.
I feel like that mystery is still an open one here.
PS5/ So, here Pence's late December 2016 schedule, as we understand it:
Tuesday, December 27th: Broad Ripple, Indiana
Wednesday, December 28th: Indianapolis, Indiana (wedding)
Thursday, December 29th (the day that matters): ?
Friday, December 30th: Chicago, Illinois (fundraiser)
Tuesday, December 27th: Broad Ripple, Indiana
Wednesday, December 28th: Indianapolis, Indiana (wedding)
Thursday, December 29th (the day that matters): ?
Friday, December 30th: Chicago, Illinois (fundraiser)
