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 🖥 🦅🌊🗽 🇺🇸 Profile picture Mitch Chase Profile picture eDo Profile picture Liz Profile picture Becky Werner Profile picture 40 added to My Authors
30 Jul
<thread>

Senior US army officials testified: lack of lead federal agency with integrated security plan cost protection of Capitol on #January6th.

Where was Department of Justice, which would presumably be that lead agency?

Watch testimony of Generals Charles Flynn and Piatt
2. Transcript of key exchange b/w @RepDannyDavis and Flynn

"I can’t answer for the Dep't of Justice, however, what I would say is that integrated security plan...would have assisted us when the crisis rapidly escalated and the violence went in a direction that was unforecasted." Image
3. Watch General Piatt in response to @PeterWelch:

“That would have been extremely helpful. That’s what we did, sadly, after 6 January … for the inauguration. We had a lead federal agency. We had an integrated plan. We had shared understanding …and one lead federal agency.”
Read 4 tweets
30 Jul
Wall Street Journal Editorial Board:

1. Details officers’ compelling testimony before @January6thCmte

2. Tells GOP leaders to cede “weak ground by admitting that the election wasn’t stolen and Mr. Trump was wrong” for his acts and omissions on #Jan6

wsj.com/articles/jan-6…
3. Identifies key questions that should be answered:

“Questions remain about the Capitol’s unpreparedness and Mr. Trump’s response as the violence unfolded.”

“why the Capitol was so badly protected on Jan. 6… [the Select Committee] should examine that in detail.”
4. On Stefanik (named) and McCarthy-Jim Jordan (unnamed) rhetoric:

“What kind of voter is this supposed to convince? … Hardly credible to point to [security oversights] alone, without acknowledging that President Trump urged his supporters to stop the supposed steal…”
Read 4 tweets
26 Jul
It's a true honor to team up with the brilliant @BarbMcQuade and @JoyceWhiteVance on this.

Just published: "Questions the January 6 Select Committee Should Ask Its Witnesses"

Identifying 35 witnesses
Dozens of questions

<Thread> of some highlights...

justsecurity.org/77588/question…
2. Among many Qs for FBI

Why did Norfolk report warning of “war” at Capitol not get elevated to senior FBI including Wray?

Why did Parler warnings sent to FBI of threats of violence at Capitol not get elevated to Wray?

Does Wray acknowledge the gaps are intelligence failures?
3. Questions that get at specific (not abstract) comparisons between FBI’s handling of #BLM protests and #Jan6.👇
Read 8 tweets
19 Jul
Items in @CarolLeonnig @PhilipRucker book that Pentagon OMITTED in #Jan6 Timeline it released to public.

Joint Chiefs' #GenMilley recommended calling up neighboring National Guard units immediately (Army Sec. McCarthy doesn't get around to it until 2.5hrs after Capitol breached)
2. Especially egregious by DoD:

On left (book excerpt):

2:30pm meeting: Milley recommends "send out a call for National Guard reinforcements from the nearby states."

On right (Pentagon's timeline):

2:30pm meeting was about DC Guard.

4:18pm meeting about other states' Guards.
3. Here's another omission in DoD Timeline.

On left (book excerpt):

4:39pm call between Acting SecDef Miller and White House chief of staff Meadows (plus @LeaderMcConnell joins call and sounds furious)

On right (Pentagon's timeline):

Blank, nada, nothing to see here
Read 8 tweets
15 Jul
Apparent Kremlin documents leak.

“There is also apparent confirmation that the Kremlin possesses kompromat, or potentially compromising material…collected-the document says–from Trump’s earlier ‘non-official visits to Russian Federation territory.’”

theguardian.com/world/2021/jul…
2. “There is a brief psychological assessment of Trump, who is described as an ‘impulsive, mentally unstable and unbalanced individual who suffers from an inferiority complex.’”
3. “Western intelligence agencies are understood to have been aware of the documents for some months and to have carefully examined them. The papers, seen by the Guardian, seem to represent a serious and highly unusual leak from within the Kremlin.”
Read 5 tweets
12 Jul
<thread>

In a brief to DC Circuit, Biden admin had a choice to make: Whether to recognize due process rights apply to detainees at #Guantanamo.

The answer:

Defense Dept:✅
State Dept:✅
Intelligence agencies:✅

Justice Dept:❌

@charlie_savage reports:
nytimes.com/2021/07/09/us/…
2. I just published this analysis

"Had the Justice Department wanted to recognize that the Constitution’s due process clause applies to detainees held at Guantanamo, the brief would have essentially written itself."

The Supreme Court has already spoken.
justsecurity.org/77386/what-the…
3. My analysis is largely doctrinal but I do make a couple policy points:

The Justice Department's position undercuts @JoeBiden and @SecDef's stated goal of closing the prison.

@SenatorDurbin, Chair of Senate Judiciary, letter to Justice Department pointed this out. 👇
Read 6 tweets
9 Jul
<thread>

@KaraScannell @eorden interviewed attorneys about #Weisselberg.

Very consistent with @AWeissmann_'s analysis @just_security

— pressures Weisselberg to flip to protect his family
— signals to potential cooperators
— indicting org now makes sense
cnn.com/2021/07/09/pol…
2. Former U.S. tax prosecutor @AGOSTINOLAW:

Vance "sent a message that this is an exit ramp for Weisselberg that he should have taken already and, if he doesn't, everything he knows and loves in this world is fair game."
3. Criminal defense attorney @brianeklein:

"Prosecutors don't directly threaten to charge a family member, but it's not uncommon that that implicit threat hangs out there .... It can't be lost on Allen Weisselberg ... ... that family members might ...come under investigation."
Read 4 tweets
9 Jul
<thread>

After first waves of commentary on #Weisselberg indictment, I sat down with @AWeissmann_.

Several important insights by him:

1. Prosecutors have another option to obtain Weisselberg testimony if he does not cooperate.

justsecurity.org/77369/how-to-r…
2. Weissmann: "After Weisselberg is prosecuted...the prosecution can put him in the grand jury and compel him to testify."

That option is also discussed in #SistersInLaw podcast (@KimberlyEAtkins @JillWineBanks @JoyceWhiteVance @BarbMcQuade)

politicon.com/podcasts/trump…
3. Weissmann details why he thinks (a) the content of the indictment, (b) the prosecutors' requests in the arraignment hearing, and (c) the press conference by defense attorneys points toward a criminal investigation with much more to come.
Read 7 tweets
6 Jul
Been warning Kremlin bad news for Republicans too. Including interference in 2016 primary.

Now this: “Russian government hackers breached the computer systems of the Republican National Committee last week”

@WilliamTurton⁩ ⁦@JenniferJJacobsbloomberg.com/news/articles/…
2. @selectedwisdom Senate testimony in 2017:

Russia’s influence operation was “in full swing during both the [2015-16] Republican and Democratic primary season that may have helped sink the hopes of candidates more hostile to Russian interests long before the field narrowed.”
3. The Intelligence Community assessment in 2017 and Mueller documents also pointed to Kremlin involvement at time GOP primary was in full swing.
Read 4 tweets
6 Jul
In letter to @SecDef, @SenWarren and @RepRoKhanna ask for review of civilian casualties from U.S. operations.

Letter raises key issue: DoD's standard for assessing #CivCas is artificially high, and DoD report "appears to DEFY the congressional requirement" to use lower standard.
2. I wrote about the wrong-headedness of the Pentagon's standard for assessing civilian casualties in this @nytopinion piece in April 2018.

nytimes.com/2018/04/26/opi…
3. In June 2021, @annieshiel (@CivCenter) and @chrisjwoods (@airwars) wrote again about the DoD standard and how its use in reporting to Congress appears to (a) defy Congress' statutory requirements and (b) potentially vastly undercount civilian deaths.

justsecurity.org/76788/a-legacy…
Read 5 tweets
4 Jul
Exquisitely analyzed piece.

Trump lawyers laid false claim #Weisselberg-#TrumpIndictments were "fringe benefits" case.

Since then, DJT, Eric and Don Jr. have maintained that frame. So has much of the media!

Top #TaxLaw expert demolishes that framing.

justsecurity.org/77331/the-weis…
2. Paying a senior executive their income in wads of cash to avoid paying taxes is ... not a fringe benefit case.
3. Professor @DanielShaviro (the very top tax law expert who authored the article) also provides a list.

"The following items that the company paid for, on Weisselberg’s behalf, most emphatically do not fit the profile of potentially excludable fringe benefits":
Read 6 tweets
2 Jul
Will Weisselberg flip?

A lot bearing down on him if he doesn't.

Read this sober analysis by former IRS Criminal Investigation supervisory special agent.

Plus includes a valuable comment by former Chief Assistant in Manhattan DA Office @DanielRAlonso.

justsecurity.org/77312/allen-we…
2. Key: How much jail time does #Weisselberg face if

A. pleads and cooperates
vs.
B. convicted after trial

I asked the oracle, @DanielRAlonso, who said:

for A: "excellent chance of a probationary sentence"
for B: "very likely a term of 1-3 but more likely 2-6 years or higher" Image
3. Former IRS special agent, Sheil, put it this way:

(1) fight charges and risk conviction after trial (most likely 2-6 years or higher)

(2) plead guilty but don't cooperate (likely as much as a year)

(3) plead guilty and cooperate (likely probation and payment of civil fines) Image
Read 6 tweets
1 Jul
❗️❗️

The Trump Organization-Weisselberg Indictment alleges a FEDERAL tax fraud scheme.

Charges are serious and documented enough, and DA believes can prove beyond a reasonable doubt, so question is:

Where is the Garland Justice Department/IRS?

Are the feds coming next?
2. What a powerful fact in favor of the prosecution.
Read 4 tweets
28 Jun
.@SpeakerPelosi Bill to establish #Jan6 #SelectCommittee:

"The Speaker shall appoint 13 Members to the Select Committee, 5 of whom shall be appointed after consultation with the minority leader."

Maybe Members who vote against this Bill should be considered disqualified.
2. Good to see the bill to establish the January 6 Select Committee explicitly highlights investigation into "how technology, including online platforms ... may have factored into the motivation, organization, and execution of the domestic terrorist attack on the Capitol."
3. Judicious use of these powers👇 in public hearings could be an enormous benefit to the public and to truth-seeking.

Questioning for longer than 5-minutes
Questioning by staff of the Select Committee
Read 5 tweets
28 Jun
Questions to ask @DeptofDefense about U.S. strike on "Iran-backed militia groups in the Iraq-Syria border region."

Question 1: What can you say to assure Congress and the American people this will deter (rather than continue/escalate the cycle of violence).👇

#Iran #Iraq
Question 2: Why does the DoD/USG think this strike will deter, when the February strike didn't?

Question 3: Does DoD/USG acknowledge the February strike did not deter?

Good background reading (by @Mikeknightsiraq and Crispin Smith from May 2021).👇

washingtoninstitute.org/policy-analysi…
Question 4: The Feb. 25 U.S. strike was only in Syria. Did Iraq consent to June 27 U.S. strike on its territory?

Question 5: If Iraq did not consent, what's the international legal justification, and will the US submit a letter to United Nations (under article 51 of UN Charter)?
Read 14 tweets
25 Jun
“The Trump Organization is expected to be hit with criminal charges as soon as next week by Manhattan District Attorney Cy Vance’s office in a case that Trump attorneys say is tied to tax-related conduct, multiple people familiar with the matter tell NBC”

nbcnews.com/politics/donal…
2. Ron Fischetti, an attorney for the Trumps “said company lawyers met with Vance’s office on Thursday and tried to persuade the Manhattan D.A.’s office not to go forward.”
3. “Manhattan district attorney’s office has informed Donald J. Trump’s lawyers that it is considering criminal charges against his family business”

“Vance Jr. could announce charges against the Trump Organization and the executive, Allen H. Weisselberg”
nytimes.com/2021/06/25/nyr…
Read 4 tweets
24 Jun
Giuliani's "misconduct directly inflamed tensions that bubbled over into the events of January 6"

He "communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for" Mr. Trump and the Trump Campaign.
2. "One only has to look at the ongoing present public discord…which erupted into violence, insurrection and death on January 6, 2021 at the U.S. Capitol, to understand the extent of the damage that can be done when the public is misled by false information about the elections."
3. Mr. Giuliani is:

"suspended from the practice of law in the State of New York, effective immediately, and until further order of this Court" and "until such time as disciplinary matters pending before the Committee have been concluded."

nycourts.gov/courts/ad1/cal…
Read 4 tweets
21 Jun
This has to be one of most effective analytic takedowns of another side's argument.

Jeh Johnson wrote a deeply flawed piece opposing @SenGillibrand @SenJoniErnst's legislation on #SexualAssault in military.

This by @rachelv12 is a master class.👇

justsecurity.org/77025/professi…
2. One example

Johnson rhetorically claims: "A military commander must have legal authority over those in a unit...The two must be inseparable."

VanLandingham with the facts: "Demonstrably false given the thousands of U.S. military commanders" without any such legal authority.
3. "Mr. Johnson...warns that Congress shouldn’t fix what isn’t broken, and should leave everything but sexual assault crimes alone.

Fact: Court-martialing Black service members at a rate twice that of their white counterparts is a broken system in need of repair. Period."
Read 5 tweets
17 Jun
<thread>

In @PostOpinions, former FBI General Counsel @AWeissmann_ and I assess FBI Director Wray's two days of testimony on #Jan6.

First, Wray failed to explain FBI policy on social media monitoring that may be "galling to lawmakers" when they find out.
washingtonpost.com/opinions/2021/…
2. Watch👇

@AOC: Does FBI monitor social media to combat violent extremism (such as threats to Capitol on social media pre-#Jan6)

Wray: DOJ policy prevents FBI without "proper predication"

DOJ policy: Can monitor social media WITHOUT predication for special events (like Jan 6)
3. Watch👇

@RepSwalwell: Does FBI have authority to monitor open source websites/social media where groups post about threats?

Wray: Att'y General Guidelines prevent FBI without "proper predication"

A.G. Guidelines: Can monitor WITHOUT predication for special events (eg #Jan6)
Read 10 tweets
15 Jun
One implication of emails showing how Trump-Meadows tried to overturn the election via outrageous, illegitimate pressure on Justice Department:

Sure seems to strengthen the case for the ongoing criminal investigation in Georgia, led by @FaniWillisForDA.

justsecurity.org/75032/litigati…
2. "Much of the correspondence also occurred during a tense week…when Mr Rosen and his top deputies realized that one of their peers had plotted with Mr Trump to first oust Mr Rosen and then to try to use federal law enforcement to force Georgia to overturn its election..."

NYT
3 With the Georgia criminal investigation note:

House Oversight Committee also requests transcribed interview with former US Attorney for Northern District of Goergia Byung Jin Pak who, the Committee notes, resigned on Jan 3 "reportedly under pressure from the Trump White House"
Read 5 tweets
11 Jun
Say what?

“I never discussed the leak cases with Trump. He didn’t really ask me any of the specifics.”

former Attorney General Bill Barr to Politico

So it was just generalities, then?

@dlippman @AndrewDesiderio @woodruffbets report

politico.com/news/2021/06/1…
2. Trying to make sense of this line given NYT's detailed reporting👇

Sounds like Barr may just be denying the records were sought under his watch.

And that Barr is not denying his knowledge the records had been sought under Sessions (and that Barr's DOJ maintained gag order).
3. Also looking back at the Times report and Barr's statements to Politico.

Barr doesn't deny he oversaw investigations of the members of Congress, and indeed revivified them.
Read 4 tweets