My thoughts on SCOTUS' universal injunctions decision, a thread: Unfortunately there has been widespread misunderstanding of what the Roberts court did today. (1/x) Although I certainly take exception to the majority’s decision, this is yet another compromise opinion from them that occupies a middle ground and denies the Trump administration the full extent of their lawless and authoritarian worldview. (2/x)

BREAKING: Bless DA Bragg who is willing to continue to stand & fight Trump’s criminality

In this new motion he urges the court to reject Trump’s bogus immunity argument & PROCEED W/ SENTENCING…a thread On both these points—immunity & sentencing—the brief echoes the analysis I laid out explaining why Trump’s opening brief was totally specious 👇(2/x)

https://x.com/NormEisen/status/1864060172999565406

BREAKING: Donald Trump filed his motion 2 dismiss the 34 guilty verdicts & Manhattan prosecution

This effort to overturn the jury's verdict fails 4 many reasons...above all bc the pros wasn't based on official conduct protected by Trump v. US (1/x) Trump starts off by referencing Biden's pardon of his son yesterday

Whatever u may think of that (I support it)...it has abs nothing to do w the conviction on 34 counts here

I was in court every day of the trial & the evidence was overwhelming (2/x)

cnn.com/2024/05/28/opi…

It’s ok to just feel your feelings today—& for as long as you need

But when you are ready, here are 10 steps to protect our democracy from our Democracy Playbook

A thread👇

brookings.edu/articles/democ… The first thing that history, social science & lived experience teach us:

Big tent coalitions save democracy!

That includes civil society, pro-democracy state actors, political opposition groups, the private sector & independent media (2/x)

BREAKING: Judge Chutkan has issued her scheduling order & true to her word she is ignoring politics as we called for in our big Just Security report 👇


That means we will have a very active docket in her court over the next 60 days 1/x justsecurity.org/99693/immunity…
Mark ur calendar for 9/26 when the govt's opening brief on immunity will drop

As we discussed in Just Security, the big fight will be over whether the VP Pence allegations are official or unofficial - they're official, but it will be a brawl👇2/x

justsecurity.org/99693/immunity…

Trump has requested that his NY case be moved to fed court in yet ANOTHER desperate attempt to delay & avoid accountability

This request should be rejected & Trump should be sentenced w/o delay

I explain below & in this thread... 1/x msnbc.com/opinion/msnbc-… Trump is seeking removal under the federal removal statute—28 U.S.C. § 1442(a)(1)

The statute allows federal officials to remove a state prosecution to federal court—but ONLY if their alleged conduct was part of their official duties 2/x

It’s been overshadowed by the Georgia election board MAGA mess

But the Supreme Court just signaled what it will do if the election is close

So don’t let it be close. We explain ⁦@Slate⁩ slate.com/news-and-polit… @Slate SCOTUS allowed AZ to require proof of citizenship for voter reg. last week

Its part of the canard that non-citizens are voting in US elections

& another signal that MAGA justices seek to meddle in the election

See my analysis @Slate w/ @JNKGoodman - TN

slate.com/news-and-polit…

BREAKING: Jack Smith has appealed the dismissal of Trump's classified documents case

Judge Cannon’s decision was totally lawless & Smith will win

He does NOT ask for Cannon's removal but the 11th Circuit can do on own & should 1/x
storage.courtlistener.com/recap/gov.usco… Cannon’s decision to dismiss the case was based on an incorrect reading of the Constitution concluding Smith’s appointment to be unlawful

Every single court to consider the issue (including SCOTUS) has taken a different position 2/x
msnbc.com/opinion/msnbc-…

To my fellow Ambassador @DavidM_Friedman:

If you truly care about the US-Israel relationship, please don’t distort @vp STRONG pro-Israel words to drive a partisan wedge

We need BIPARTISAN US support for Israel—its dangerous to attack that in service of your patron Trump

A 🧵 You say “I’ve lived these issues now for years and I can assure you that her words meant nothing”

I have been working on these issues just as long since my 1st job @ADL in ‘85 & THEY MEAN EVERYTHING

My 1st boss & tough grader @FoxmanAbraham agrees 2/x

House partisans just released a big report saying Biden "engaged in impeachable" conduct--tho they didn't recommend impeachment

For good reason: Biden has not committed ANY impeachable offenses👇

A thread...

cnn.com/2023/09/13/opi… I've worked on impeachments since the Clinton one, including serving as counsel for the 1st impeachment & trial of Trump

So I know what REAL impeachable offenses are—these ain’t it 2/x

justsecurity.org/90648/an-analy…

I had a visceral reaction to Trump’s request to delay sentencing in the NYC case when I 1st saw it 👇

Now I have researched it & feel even more strongly

Other defendants (incl. of more modest means) don't get special treatment under the law & neither should he

A thread 1/x You know who I think agrees with me? Judge Merchan!

In his scheduling order, Merchan said “Please note, the court appearance scheduled for September 18, 2024, at 10 A.M. remains unchanged."

2/x

nycourts.gov/LegacyPDFS/pre…

SCOTUS will issue judgment in Trump’s DC 1/6 case in the next day or so, sending it back to the DC Cir after the immunity decision

When the Cir in turn sends it to Chutkan she shld quickly schedule a mini trial to apply SCOTUS’ test b4 Nov

A thread...

lawfaremedia.org/article/prepar… SCOTUS established a 3-part immunity test Chutkan will now have to apply as I wrote @CNN

“(1) absolute immunity when the president is exercising ‘his core constitutional powers...’"  2/x

cnn.com/2024/07/01/opi…

BREAKING: DA Bragg just launched his opposition to Trump’s effort to overturn his 34 felony convictions & get a new trial in the Manhattan case

This matters even more now that the election is about a prosecutor vs. a perpetrator

And the DA brief is DEVASTATING

A thread… The SCOTUS official acts immunity decision in Trump v. US is bad enough

But as the DA points out, Trump's efforts to stretch it to cover this UNOFFICIAL acts case is even worse

There are 3 majors flaws that I also pointed out in my @cnn opinion 2/x

cnn.com/2024/07/03/opi…

Heritage’s Kevin Roberts— the father of Project 2025!—has a new book about his radical plans

Guess who wrote the forward endorsing the horrors? JD Vance!

Don’t believe Trump when he says he’s not connected to Project 2025

Thread 🧵1/x Vance says “We are now all realizing that it’s time to circle the wagons and load the muskets. In the fights that lay ahead, these ideas are an essential weapon”

So much for Trump-Vance campaign distancing from Project 2025 2/x

We also explain ties here👇justsecurity.org/92714/american…

BREAKING: Judge Cannon has just wrongly dismissed the Mar-a-Lago documents case based on a purported appointments clause violation

This is insane & will not only be reversed by the 11th circuit but may result in the ouster of Judge Cannon, a thread 🧵

slate.com/news-and-polit… This is Cannon’s worst distortion of the law (in a long line of bad opinions)

She ignored the plain text of statutes like 28 USC 533 that authorize Smith’s appointment

Last time, the conservative 11th Circuit smacked her down & they may do so again here…
cnn.com/2024/04/03/opi…

BREAKING: Donald Trump has filed his motion for a new trial in Manhattan based on SCOTUS' immunity decision

I have reviewed the brief

SCOTUS' ruling that OFFICIAL acts are immune is no basis to throw out this UNOFFICIAL acts case

A thread 1/x

cnn.com/2024/07/03/opi… The first clue that Trump’s brief was gonna be garbage is that instead of getting to the point the brief begins with an extended screed complaining about the following... cont'd 2/x

BREAKING: Trump is seeking to stall his NY sentencing by claiming today’s immunity opinion somehow applies to his convictions for purely personal acts like 2016 election interference and creating phony business docs in 2017

It won’t work—a thread (1/x)

cnn.com/2024/04/25/opi… First, he already raised immunity when he removed the Manhattan case to federal court

He lost

And then he abandoned his appeal! He’s collaterally estopped (2/x)

msnbc.com/opinion/msnbc-…

At tonight’s debate, Trump's conviction for 2016 election interference & cover-up will be front & center

But we should also be talking abt his likely jail sentence that our big @Just_Security report discusses

A thread 1/x

justsecurity.org/97186/trump-se… @just_security Trump was convicted of falsifying business records to cover up 2016 election interference by a jury of his peers

And on 7/11, the judge will decide what his sentence will be 2/x

This McConnell piece ⁦@WSJ⁩ should be on the syllabus for a disinformation class. To take only 1 example, the jury WAS unanimous on all the elements of the verdict & prosecutors theory of the case was disclosed to the defense in 2023! A thread 1/x wsj.com/articles/why-r… For example here is the March 2023 response to Trump’s request for Bill of particulars fully disclosing ALL the alternative “other crimes” that made this document falsification a felony, including the state election conspiracy 2/x justsecurity.org/wp-content/upl…

It is amazing to me that people would jump to conclusions about this apparent malicious prank message in the court’s Facebook page. How do we know it is likely a prank? THREAD Look at the Facebook page of “Michael Anderson,” they call themselves a “professional shitposter”

2/xfacebook.com/profile.php?id…

Another day & another delay from SCOTUS on Trump’s bizarre presidential immunity claims delaying his January 6th case

The pro-Trump Justice Alito/Thomas axis is openly complicit in helping Trump dodge justice

THREAD👇 There's no reason for delay on Trump's baseless immunity claims, SCOTUS decided monumental cases quickly:

Pentagon papers: 4 days
Watergate tapes: 16 days
Trump CO ballot status: 25 days

If the same consideration was applied to the J6 case, we would have had a ruling by May 20