Ryan Goodman Profile picture
Former Special Counsel @DeptofDefense. Co-editor-in-chief @just_security. Chaired Professor NYU Law. Former Chaired Professor Harvard Law. Co-director @RCLS_NYU
Bill Jackson III (Taylor’s Version🧣) 🖥🗽 Profile picture Tweeter Rabbit Profile picture Mitch Chase Profile picture eDo Profile picture Liz Profile picture 48 added to My Authors
Aug 13 5 tweets 2 min read
Prosecutors could indict Trump — under 18 USC 1001/1519 — if he intentionally gave his lawyer false info to pass to DOJ.

Smart prosecutors can put lawyer on stand and ask narrow questions.

Don’t take my word for it. Just ask Paul Manafort’s chief prosecutor @AWeissmann_.

1/4 2. Precedent

Court opinion finding prosecutors provided ample evidence Manafort-Gates acted "in violation of federal criminal laws, by submitting two letters THROUGH THEIR FORMER COUNSEL, the Witness, containing false and misleading information to the U.S. Department of Justice"
Aug 11 14 tweets 9 min read
More indicators this is about crimes like #Espionage Act:

NYT:
“Two people briefed on the classified documents that investigators believe remained at [MAL] indicated that they were so sensitive in nature, and related to national security, that the Justice Department had to act.” 2. “The F.B.I. left behind a two-page manifest of what was taken…The inventory .. does reference an array of sensitive material …. For example, it alludes to miscellaneous confidential documents as well some labeled ‘top secret.’”

via @maggieNYT et al

nytimes.com/2022/08/11/us/…
Aug 4 4 tweets 2 min read
I spoke with @politico’s greats — @kyledcheney @joshgerstein @woodruffbets — about sure loser if Trump tries to assert attorney-client or executive privilege to block WH lawyers telling grand jury what they know.

Plus how such a strategy could backfire.

politico.com/news/2022/08/0… 2. Politico:

“One potential downside for Trump if he does put up a privilege fight over the grand jury demands is a repeat of what happened in the Eastman case, with a judge or multiple judges publicly declaring that he probably broke criminal law.”

Agreed.
Aug 3 6 tweets 4 min read
Trump White House Counsel Pat Cipollone has no legal leg to stand on.

With news reporting Pat Cipollone is considering invoking executive privilege before grand jury.

PSA: DC Court of Appeals rejected such claims of (incumbent!) Deputy White House Counsel before a grand jury.👇 2. The same goes for Greg Jacob, Pence chief counsel.

DC Court of Appeals - in re Lindsey 1998 - made points that are directly relevant to these Trump White House lawyers.

Most important: A GOVERNMENT lawyer has special duty to expose evidence of potential criminal wrongdoing.
Jul 29 10 tweets 7 min read
Nothing to see here. <thread>

"Meadows burned papers after meeting with Scott Perry, Jan. 6 panel told"

report by @woodruffbets and @kyledcheney from May 2022

(Putting the US Secret Service and DHS deleted communications in broader context)

politico.com/news/2022/05/2… 2. Nothing to see here.

Dec. 26, 2020: Meadows and Rep. Perry used Signal, an encrypted messaging platform, when discussing elevating Clark to the position of acting attorney general.

Jan.5, 2021: A member of Congress texted Meadows, “Please check your signal.”
Jul 28 5 tweets 5 min read
With ABC News and CNN reporting #January6Committee is engaging with Mike Pompeo.

Pompeo could shed light on his concerns that Trump appointed loyalists at DoD after Nov 3, 2020 and that Trump would use military to hold onto power.

Search for "Pompeo"👇

justsecurity.org/79623/crisis-o… 2. In Crisis of Command, @justinhendrix and I wrote:

"Milley and Pompeo confided in one another that they had a persistent worry Trump would try to use the military in an attempt to hold onto power if he lost the election"

via @CarolLeonnig @PhilipRucker
penguinrandomhouse.com/books/673354/i…
Jul 26 4 tweets 2 min read
A gift to prosecutors

AZ fake elector organizer to Trump Campaign adviser:

“We would just be sending in ‘fake’ electoral votes to Pence so that ‘someone’ in Congress can make an objection when they start counting votes, and start arguing that the ‘fake’ votes should be counted” 2. This email also evidence for the prosecution.

AZ fake electors propose “keep it under wraps until Congress counts the vote Jan. 6th (so we can try to ‘surprise’ the Dems and media with it)."

Not how alternate electors ever work. Their intent is to gum up/obstruct the process
Jul 25 6 tweets 4 min read
Looks like a significant development.

Justice Dept January 6th investigation reaches into White House witnesses.

Former VP Pence chief of staff Marc Short highest official known to appear before grand jury.

His appearance doesn’t fit neatly with prior known scope of probe. 2. From what we know and all Marc Short’s testimony publicly disclosed by January 6 committee, he has the most evidence to give if DOJ wants to pursue this line of inquiry.👇

@BarbMcQuade’s model prosecution memo on the conspiracy to pressure Mike Pence.

justsecurity.org/80308/united-s…
Jul 22 6 tweets 3 min read
In key #January6thHearing testimony, Joint Chiefs Chair Milley:

"No Call? Nothing? Zero?" from Trump to DoD.

But ask yourself: why didn't DoD call Trump?

@justinhendrix and my take on most plausible theory: DoD fear Trump use military to hold onto power
justsecurity.org/79623/crisis-o… 2. Our analysis was in Dec 21 (addressing larger question what explained National Guard delay).

New reporting (@MarkMazzettiNYT @maggieNYT) is consistent with our analysis, though implicitly points to DoD concerns of "optics" more than actual use of Guard
nytimes.com/2022/07/21/us/…
Jul 19 7 tweets 5 min read
I asked experts if Dominion Voting Systems could now sue Trump.

Backdrop: #January6thHearings revealed Trump was well informed that accusations were false.

Upshot: Makes for a powerful case of #Defamation.

Could sue for over a billion $$.

<thread>
justsecurity.org/82447/8-top-ex… 2. First Amendment living legend, Floyd Abrams:

“Dominion would have an extremely powerful libel case against him. Statements Trump made about the company were extraordinarily defamatory, provably false and enormously harmful.”

justsecurity.org/82447/8-top-ex…
Jul 17 4 tweets 2 min read
A warning of profound weaknesses in US national security institutions in wake of authoritarian impulses and USG personnel who fall prey to #disinformation.

Authored by @douglaslondon5 who served in CIA's Clandestine Service for more than 34 years.

justsecurity.org/82360/us-democ… 2. “There are other Michael Flynns and Brad Johnsons still in service across America’s military, intelligence, and law enforcement communities.”
Jul 16 5 tweets 3 min read
WSJ article says Justice Dept recently expanded #January6th probe thanks to committee's work.

Notes of caution:

1. WSJ says investigation of Trump's "orbit" and "allies." Does not say of Trump as a target.
(NYT report of inaction was keyed into latter.)
wsj.com/articles/justi… 2. Some thought assignment of U.S. Attorney Windom in late 2021 was a sign of expanding probe toward Trump.

But WSJ says: "Windom previously met with some skepticism within the department when he pushed to explore the activities of several members of Mr. Trump’s inner circle."
Jul 12 5 tweets 2 min read
What a blight on Justice Department.

Clear evidence of potential crimes in

DOJ coup attempt
threats to Georgia officials
pressure on Pence
attack on Capitol

Yet paralysis reigned at highest levels of DOJ. Trump’s name and behavior rarely even mentioned.
nytimes.com/2022/07/11/us/… 2. “Overt discussion of Mr. Trump and his behavior had been rare, except as a motive for the actions of others.”

And what has Hutchinson’s testimony done?

“Jolted” them

Jolted them to take action? To convene a grand jury? To investigate Trump as a target?

No, the answer is…
Jun 30 4 tweets 4 min read
This NYT report does not give me great confidence in the speed and depth of Justice Department investigating Trump's efforts.

DOJ blaming #January6thCommittee but ...

(@GlennThrush @lukebroadwater @nytmike report)

<thread>
nytimes.com/2022/06/29/us/… 2. On the left:

Part of the excuse here: "Ms. Hutchinson’s name has not yet appeared on ... court documents ... and she did not seem to be a primary witness before the hearings."

On the right:

The court filing on April 22, 2022 of sign. aspects of Hutchinson's interview.
Jun 29 5 tweets 3 min read
A trip down memory lane

Our topic: US Secret Service "denials"

On Jan 3: @maggieNYT reports major scoop: Pence chief of staff Marc Short told VP's lead USSS agent Trump was going to turn publicly against Pence and there could be a security risk to Pence because of it.

<thread> 2. US Secret Service seems to get defensive (mistakenly) thinking this was a criticism of them.

@SecretSvcSpox responds publicly to a tweet by @MilesTaylorUSA issuing what appears to be a denial, until you look more closely at the wording. ...
Jun 29 4 tweets 3 min read
On legally significant fact: USSS Bobby Engel's testimony consistent with Hutchinson.

Read @woodruffbets's scoop June 8, 2022👇

Trump wanted to join at Capitol even as violence unfolded
Trump raised privately with Engel
Engle disagreed
Drove back to WH
politico.com/news/2022/06/0… 2. "The Secret Service officials do not dispute that Trump was irate or that he demanded to be taken to the Capitol, in the language that Hutchinson related to the committee."

(@NicoleSganga @victoria_alb3 reporting)

Here's that language ...

cbsnews.com/news/secret-se…
Jun 25 6 tweets 3 min read
"The Justice Department ... have asked Danish filmmakers for video footage recorded as they followed Trump confidant Roger Stone."

FBI "investigators expressed a particular interest in video footage the Danish team recorded in the Willard hotel."

washingtonpost.com/investigations… 2. DOJ/FBI "expressed interest ... in obtaining footage... in the two weeks after the attack ... During that period, Stone lobbied for Trump to enact what he called the 'Stone Plan' — a request for sweeping preemptive pardons to shield Stone, Republicans in Congress" and others.
Jun 21 6 tweets 4 min read
Some items to keep in mind for Tuesday 1pm ET #January6thHearings

Fulton County DA has criminal investigation underway (grand jury, subpoenas, more).

For these state crimes, according to the leading @BrookingsInst report, prosecutors do not need to show Trump knew he lost.👇 2. DOJ has a multi-state criminal investigation into the false electors scheme, activity that we will hear a lot about today.

DOJ subpoenas to Georgia witnesses seek communications with any "agent of Donald J. Trump."

@kpolantz reported this last month👇
cnn.com/2022/05/26/pol…
Jun 18 7 tweets 6 min read
NYT headline and reporting again, with precision, nails key development in #January6thHearings.

I asked 8 former prosecutors, senior DOJ officials to analyze implications for Trump’s criminal liability.

NYT:
nytimes.com/2022/06/16/us/…

8 former DOJ:
justsecurity.org/82001/8-top-fo…

1/ 2/
The scheme: Effort to pressure Pence.

The new evidence: Trump was told Pence would violate law if tried it. Trump pressed ahead anyway

Key federal offenses:

1. Obstruction
2. Conspiracy to defraud US
3. Conspiracy to Prevent an Officer from Discharging Duties, 18 USC § 372
Jun 16 8 tweets 5 min read
Key evidence on whether Trump “corruptly” obstructed congressional proceeding,18 USC §1512

Jan 4: Eastman, Trump’s apparent legal rep (co-conspirator, per judge Carter) admitted in front of Trump that Pence would have to violate federal law to enact their plan.

Jacob testimony. 2. As @KPNatsFan wrote:

"It is possible that the DOJ could elect to charge Trump with obstruction based solely on his own (and Eastman’s) efforts to pressure Pence to ignore his legal duties. A lead DOJ prosecutor verified the viability of that theory..."
justsecurity.org/81597/prosecut…
Jun 16 7 tweets 5 min read
May come as a surprise to some. DOJ has criminal investigation into this part of #January6th: false alternate slate of electors.

Topic to be aired at today's #January6thHearings.

Here's my Timeline of Trump and his associates' connections to the scheme.

justsecurity.org/81939/timeline… 2. In May, federal prosecutors sent grand jury subpoenas to potential witnesses seeking their communications with “any member, employee or agent of Donald J. Trump” as well as their communications with the Trump campaign.

@kpolantz report👇

cnn.com/2022/05/26/pol…