There is a First Amendment right to peddle frivolous claims to your heart’s content. Not to take criminal steps.
Clinton and Gore didn’t take action after the SCOTUS ruling to get state officials to change electoral certifications. Gore didn’t try to refuse the count. Clinton
The distinction between those who still peddle the 2000 conspiracies (it took me a while to accept the results) and Trump’s criminal actions are night and day.
I remember fringe leftists trying
Feb 23 • 7 tweets • 2 min read
This is it? This is the grand PRA legal theory they’ve been previewing for 18 months?
What a joke. Their argument is that Trump designated all the records as personal, he did so while President, no one can scrutinize how he did so, and therefore his possession can’t
What a crock. First, this is a motion to dismiss. You can’t introduce facts, and that alone is fatal to this motion. Trump is stuck with the facts of the indictment, no matter how much this motion pretends otherwise.
Second, his entire theory
Jan 3 • 5 tweets • 2 min read
What Dan detailed is stuff from the 60s and 80s. The 80s issues were particularly known for decades now. Voters in Delaware did not care. The American public voted for him as VP in 2008 and 2012. And then they voted for him as POTUS in 2020.
from the last 7 years, including one while Trump was in the WH.
And for the love of everything that is holy, complaining about Biden's issues from 40 years ago when the GOP is marching in step with a man who has paid out tens of millions in civil fraud? Whose company was just
Sep 12, 2023 • 10 tweets • 2 min read
A bunch of folks in my Mentions are asking why I’m incessantly trashing Aaron Rodgers, who no doubt is hurt.
Why? Because when COVID hit, two of my closest and oldest friends - expertly trained doctors - were on the front lines in hospitals responding to it. When we all were
safely cocooned in our homes for months, they were at work, in the eye of the storm, wearing insane amounts of PPE just to perform regular duties. They put their lives at risk to help others as we faced down a one-in-a-century pandemic.
Then vaccines arrived. Restrictions
Jun 26, 2023 • 6 tweets • 2 min read
I have had a chance to look over this, as well as the original motion, in more detail now and ... to be fair ... I kind of understand Judge Cannon's position here.
First, she asks why the court even needs to be provided with a copy of this list, at least at the present time.
I am not a trial lawyer, as my type of civil litigation is usually resolved in summary judgment motions, so I can't attest to the procedure on *when* the court has to be notified of expected witnesses but I doubt it's this early in the process. So fair point from Cannon.
Jun 19, 2023 • 6 tweets • 2 min read
This piece is an exhaustive look into how cautious the FBI and DOJ have been in investigating J6, including even the Oath Keepers and Proud Boys. Internal checks worked: plans to just blow past the First Amendment were rejected. Doing the politically-controversial thing of going
after Trump was something the Department avoided for over a year. Why? Not because the evidence was not there, but because they were all so traumatized from four years of Trump's assaults on the Department and conservative media's assaults on individual officials that no one
Apr 4, 2023 • 5 tweets • 2 min read
Let me know once the arraignment is done. I’ve got other plans with my girls. #GirlDad
Mar 30, 2023 • 4 tweets • 1 min read
As MAGA and Trump world completely flips out, and riles up their base without regard for the danger that poses, it is crucial that the rest of us maintain calm and composure. This will now take some time. Trump will be entitled to the same due process rights as the rest of us.
Let the criminal justice process continue. There will be deranged political attacks from Trump’s cronies. Let them lose their minds.
Law enforcement and prosecutors will need to be wary of increased threats. We saw that with the threats against the IC WBer team.
Mar 26, 2023 • 4 tweets • 1 min read
I’m on my way to rural PA for a funeral on the wife’s side of the family.
15 minutes into the drive, I hear “are we there yet?”
A 745am competition performance time means we had to be awake waaaaaay too early this morning.
Off to prep
Jan 22, 2023 • 9 tweets • 2 min read
OK, I can’t let this go unanswered. Glenn has too big of an audience to allow him to mislead his followers with this garbage, so let me walk you all through this.
Fact: most of the relevant statutes do not clearly contemplate prosecution for inadvertent or accidental
mishandling of classified information. Even the statutes that do arguably do not apply to constitutional officers, which is what Trump was as POTUS and Biden was as VPOTUS and a Senator.
Fact: there has never been, to my knowledge, a prosecution for accidental mishandling.
Dec 28, 2022 • 12 tweets • 4 min read
For today, this is a “tourist in NYC” account.
My new buddy on the train.
Dec 26, 2022 • 5 tweets • 2 min read
There is a certain brilliance to the work of @ggreenwald - you don’t have to build anything. You’re never accountable to anyone. You don’t govern anything.
You just spend your time critiquing. That’s it. And that’s fine. That’s what a free press does.
But when Glenn expresses
shock that others might not go along with his holier-than-thou approach to things, it’s because some of us have been on the other side. We have been accountable. We have had to make tough decisions. We have had obligations to clients who don’t simply want to be martyrs.
Dec 19, 2022 • 4 tweets • 1 min read
Here we go.
So there is one interesting nugget. Employment was offered to induce a witness to conceal information from the Committee.
Oct 31, 2022 • 5 tweets • 2 min read
So I’ve read the whole piece. Let’s address a few things.
One, yes, DHS is expanding its reach in a way that is concerning. Policing information in the public sphere is a tricky thing to do without running roughshod over the First Amendment, and the government is not who I want
At the same time, the government does have a legitimate and compelling interest in combatting misinformation designed to deprive others of their rights and obstruct the administration of government. So it’s not like there are no reasons
Oct 28, 2022 • 6 tweets • 2 min read
So let’s get a few things straight: the attack on Rubio’s canvasser was immediately denounced by democrats. You didn’t see Democrats - particularly major party leaders - stoking fury among its base about the actions of canvassers.
against local organizers and major Democratic party leaders, saying they’re mules, they’re scum, they’re pushing a massive illegal scam to steal the election, etc. Conservative media figures are playing footsie with Qanon and Oath Keeper freaks. You don’t see Democratic
Sep 23, 2022 • 4 tweets • 1 min read
Let me get this right: the Trump DOJ opens the inquiry, the inquiry takes down Gaetz's former BFF in a huge criminal scandal (who then provided info that took down others in other scandals), and the DOJ heard grand jury testimony from witnesses against Gaetz.
made an understandable determination that the credibility of witnesses against Gaetz was insufficient to reassure them they would get a conviction, they appear likely to decline to prosecute Gaetz.
So it wasn't a Deep State witch hunt. They didn't fabricate evidence. They
Sep 12, 2022 • 6 tweets • 2 min read
I'm trying to imagine how a Special Master would even conduct a review of disputes over the classified documents. The Government bursts a blood vessel if @MarkSZaidEsq and I even suggest granting us access to classified declarations submitted to the court as part of
litigation involving alleged classified information or documentation. And we both hold existing clearances. We can't even get the Government to agree to let a client draft a document on a secure government computer out of an abundance of caution.
So what is going to happen here?
Sep 5, 2022 • 4 tweets • 1 min read
This ruling is ridiculous and will be immediately appealed by DOJ.
1) the standing argument makes no sense with respect to any executive privilege invocations and Cannon barely addresses it.
2) is Trump arguing every classified document is subject to executive privilege?
