Alex Whiting Profile picture
Deputy Prosecutor Kosovo Specialist Prosecutor’s Office, Harvard Law Professor of Practice (on leave), former ICC and ICTY prosecutor, former federal prosecutor
May 1, 2019 4 tweets 2 min read
1/In this clip posted by @atrupar @amyklobuchar makes an important point: focus on the pattern. Many of the incidents have been discussed in isolation, & Barr says in this clip that "standing alone" a specific incident is insufficient to prove obstruction. 2/But each incident looks different when the pattern of conduct is considered. From the moment @realDonaldTrump fires Flynn he is hoping that the Russia investigation will go away because he fears it will hurt him politically and undermine the legitimacy of his election.
Sep 14, 2018 6 tweets 3 min read
1/ After holding firm for months and through a first trial, Manafort finally decides to plead guilty and cooperate. Why now? Paul Manafort Agrees to Cooperate With Special Counsel, Pleads Guilty to Reduced Charges nyti.ms/2NaQo6V 2/ Certainly conviction in the Virginia trial and the looming DC trial persuaded him that absent a pardon, he would almost certainly spend the rest of his life in jail. But why did he give up waiting for a pardon, especially after @realDonaldTrump sent strong signals of support?
Aug 24, 2018 7 tweets 2 min read
1/ Reporting is that @realDonaldTrump lawyers advised him of dangers of considering pardons during investigation. Trump’s Lawyers Urged Him to Postpone Even Considering Pardons in Russia Inquiry nyti.ms/2o6Iixq 2/ I wrote here about these dangers, about why dangling a pardon could amount to obstruction of justice: justsecurity.org/54356/dangling….
Aug 19, 2018 4 tweets 1 min read
1/ This story shows what results from a presidency of chaos: McGahn, White House Counsel, Has Cooperated Extensively in Mueller Inquiry nyti.ms/2ONyPWZ 2/ A chaotic and incoherent legal strategy veering back and forth between obstruction and disparagement on the one hand and cooperation on the other, depending on who @realDonaldTrump is listening to that day (including himself).
Jul 27, 2018 11 tweets 2 min read
1/ If the Cohen-Trump tape and the story that Cohen says Trump knew about Trump tower meeting in advance are coming from Cohen, one question is, why? Why is he releasing this information publicly? cnn.com/2018/07/26/pol…. 2/ One possibility is that Cohen is publicly trying to get a better deal from federal prosecutors in Manhattan and Mueller’s team. T plea/cooperation deal would require Cohen to plead guilty to crimes he committed, cooperate fully, and then get a benefit at sentencing.
Jul 3, 2018 10 tweets 3 min read
1/ Last month, I wrote about how @IntlCrimCourt Appeals Chamber majority in #Bemba case unwisely decided not to give deference to Trial Chamber factual findings, and may have relied on tainted evidence in doing so. justsecurity.org/57760/appeals-…. 2/ Now the Prosecution has filed a submission in the #Bemba witness tampering case showing how the AC majority's factual findings may have relied on the false narrative of defense witnesses coached by defense lawyer Kilolo. icc-cpi.int/CourtRecords/C….
May 23, 2018 10 tweets 2 min read
1/ Some are concluding that because Mueller has commenced the sentencing process for Papadopoulos, that means he will not be a witness in future proceedings. politico.com/story/2018/05/…. I don't think that is necessarily correct. 2/ It is true that ordinarily, federal prosecutors delay the sentencing of cooperating witnesses until after their cooperation is complete, including testimony in all other cases. However, this case is different.
Oct 30, 2017 7 tweets 1 min read
1/ Initial thoughts on what Manafort/Gates charges mean. It is hard to know what they mean for direction and future of Mueller investigation 2/ They are corruption and financial crimes unrelated to possible Russian collusion in the election.