Laurence Tribe and Joshua Matz explain what constitutes an impeachable action: An impeachable action is one that involves “corruption, betrayal or abuse of power” that is serious enough to “subvert the core tenets of the U.S. governmental system.” Impeachable behavior isn’t limited to crimes. This is because (1) the criminal code isn’t designed with presidents …
If you’re frustrated by Nancy Pelosi’s Lukewarm attitude toward impeachment. If you want impeachment right now. If you say “but Trump committed crimes.” It’s time for @JoshuaMatz8& @tribelaw in: Quotations and ideas from are from To End A Presidency. “Acting responsibly” says the authors, means remembering that impeachment is a “very big deal.” In fact, the authors …
I’ve gotten variations on this question: “What Trump did when he did X was despicable. Why isn’t it a crime?” Not everything bad or immoral is a crime. The Trumps have a history of exploiting that distinction. Fred Trump, Donald Trump’s father, went into the real estate business, and got rich when he figured out …
I’m seeing some panic out there. So I’ve compiled a list of things you can do here. Panic is never a good idea. [After I wrote that sentence, I did some research: Did you know that the National Transportation Safety Board says that 95% of people in flight accidents survived.] So even in an actual …
Worried about Democracy? Here’s what you can do. Read More »
Before talking about impeachment, we need to keep some preliminary matters in mind. Trump supporters are mounting an attack on truth & reality itself More than 1/3 of the nation supports the attack Without shared reality, legal proceedings may be a sham. CSELLIOT responded to my Lindsay Graham thread by saying she can’t understand why …
Sen. Graham posted this yesterday on Twitter: I responded on Twitter. Dear Sen. Lindsay Graham, Did you read the Report? The problem isn’t that Trump stood by and expected to benefit from a foreign criminal attack on our elections. The real problem is U.S. Senators telling bald-faced lies to the American people. First, let’s look …
It’s time for some Fun With Criminal Law. (That means more IRAC) Remember, IRAC is a method of legal analysis. IRAC stands for: Issue Rule Analysis Conclusion Let’s start with this one: Issue: Did Trump obstruct justice when he ordered McGahn (WH counsel) to fire Mueller, and then ordered McGahn to lie about it? For …
Vol. II lays out the factual findings from the Mueller investigation regarding obstruction of justice. A few comments about “facts” and “evidence.” Not all evidence is admissible in court. The rules of evidence are intended to screen out unreliable evidence (like hearsay). There are a few problems with piecing together the story from news reporting—which …
Reading the Mueller Report, Part VII: Mueller Does IRAC Read More »
I wasn’t planning to write about Barr or anything extraneous to the Mueller Report as I march through my reading and analysis. But then I read Vol II (Obstruction) pages 1-2, and I have no choice. I believe these pages of the report can only be read in a wider context. Shortly after Barr issued …
All those links—but no “coordination.” How can that be? Mueller’s task was to determine whether there were “links and/or coordination” between the Trump Campaign and Russia. Mueller found links galore. But it turns out that finding “coordination” — or, to use the legal term, “conspiracy”— proved more difficult. Part of Mueller’s mandate was to find …
Reading the Mueller Report, V: Links but no “coordination” Read More »
