Politics

Flynn’s sentencing memo and addendum

[View here as a Twitter thread]   The memo and addendum are here: What we know: Flynn was cooperating with at least two investigations—at least one of which was a criminal investigation—outside the Special Counsel’s office. This means the Mueller probe is fairly safe. Why? Because the evidence is spread around to various offices. The …

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Justice and Punishment

Preliminary comments: My law practice was limited to representing indigents on appeal from adverse rulings. IOW, my clients lost at trial, wanted to appeal, but couldn’t afford to pay. I was appointed by the court. And I wrote this book: I’ve long been an advocate for criminal justice reform. That’s why I had such strong …

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Cohen SDNY sentencing memo

[View here as a Twitter thread]   I finally started reading Cohen’s sentencing memo. https://assets.documentcloud.org/documents/5360474/Gov-Uscourts-Nysd-505539-8-0.pdf …Someone made a comment on one of my threads. I can’t find it now: The person commenting suggested that when Cohen said he’d take a bullet for Trump, he was anticipating this moment. Notably, in his memo, Cohen explains that his …

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Michael Cohen pleads guilty

[View here as a Twitter thread]   Cohen pleads guilty to lying to Congress about negotiating with Russia on behalf of Individual 1 & family for the Moscow Project all through the election. The doc is here: https://www.lawfareblog.com/document-michael-cohen-plea-documents-mueller-probe …1 – 6 detail the lies. The doc gets good at #7: The truth. Assumptions I’m making: Individual …

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Matthew Whitaker’s appoint: Is it legal? A group of scholars say yes.

[View here as a Twitter thread]   Maryland initiated a legal challenge when it asked a court to find that Whitaker’s appointment is illegal. The doc is here: http://www.marylandattorneygeneral.gov/News%20Documents/ECF_6.pdf … Maryland asked the court to stop Whitaker from assuming authority of the DOJ, or to find that Rosenstein is by law acting Attorney General (AG) A …

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What’s up with Manafort?

[View here as a Twitter thread]   My guess: He’s not reckless, and he isn’t stupid enough to think a pardon will save him. So why can’t he tell the truth? I think it’s helpful to remember a few things about the nature of the criminal enterprise. Trump and Manafort are not the top of …

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Trump (and his administration) willfully violate international and domestic laws

[View here as a Twitter thread]   The law: If asylum seekers arrive at the border without documents, they can do one of two things: They can (1) present themselves for admission at a port of entry, and claim asylum or “fear of persecution”, or (2) they can enter illegally and present themselves to an …

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What was Lawfare talking about in their “collusion” post?

[View here as a Twitter thread]   Mags has a question: “Teri, when you get a minute can you interpret this for the non-lawyers? https://sidebarsblog.com/collusion-crime-mueller-judge-decision/ ” Let’s call this Twitter Criminal Defense 101. First some background: A law cannot be enforced if it is “unconstitutionally vague.” Unonstitutionally vague means the law fails to provides fair notice …

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Liberal democracy

[View here as a Twitter thread]   Richard asks why I use the phrase “liberal democracy” @BurtonPhilipis right: I use it because I think both “liberal” and “liberal democracy” should be reclaimed and restored to their original (classical) meanings. Here’s a good definition of “liberal democracy” Notice that “liberal democracy” is a form of representative …

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Were actual crimes committed, and will the perpetrators be brought to justice?

[View here as a Twitter thread]   Yes, real crimes were committed. Many of them carry long prison sentences. I started compiling a list of possible crimes committed by Trump and his circle. It’s here https://russia-investigation-summary.com/crimes/ Which brings us to the question: Will the perpetrators be brought to justice? Answer: Maybe. You see, there are a few …

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