My new book, PARDON POWER, is out today! Sat down with
@npr
’s
@NPRinskeep
to discuss how the presidential pardon power is at the center of the storm staring down US democracy. Take a listen!
Let's not forget Judge Sullivan's words about
#MichaelFlynn
: “This is a very serious offense,” “Arguably, you sold your country out.” Flynn is “an unregistered agent of a foreign country, while serving as the national security adviser to the president of the United States.”
I’m proud to have joined
@gtconway3d
and 37 others in an amicus brief in Trump v. Vance w/ telling
#SCOTUS
that Trump has to follow the law, like everyone else.
#NoOneIsAbovetheLaw
I just voted. Felt a tiny endorphin rush. Like I actually did something about the hot mess inside of a dumpster fire inside of a train wreck (to quote the eloquent
@jaketapper
) that we happen to be in. A highly recommended therapy regimen.
#Vote
THREAD: What does FBI raid of Trump FL home mean? Recall that (1) all 1/6 White House comms are missing; (2) Trump stole 15 boxes of presidential records, including “love letters” with N. Korean dictator Kim Jong-un, and took them to Mar-a-Lago; (3) 4th Amendment probable cause
all accountable, impliedly including Trump (5) executive privilege belongs to Biden now, and SCOTUS told Nixon that criminal system overrides it anyway; (6) the country needs to prepare for indictments and remember what we were founded on: Truth. Equality. No More Kings. /end
Sorry, DJT. Not totally legal. Not done all the time in politics. 52 USC 30121 and implementing regulations ban knowingly soliciting, accepting or receiving things of value from foreign nationals on behalf of a federal campaign. “Dirt” on Hillary=of value.
Fake News reporting, a complete fabrication, that I am concerned about the meeting my wonderful son, Donald, had in Trump Tower. This was a meeting to get information on an opponent, totally legal and done all the time in politics - and it went nowhere. I did not know about it!
requires showing that an officer reasonably believes, based on circumstances known to that officer, that a crime has occurred or is about to occur. See Carroll v. United States, 267 U.S. 132, 149 (1925); (4) Merrick Garland meant it when he said DOJ will follow the facts and hold
Ted Cruz Wants to Toss Out 7 Million People’s Votes. Appalling.
My piece for
@BulwarkOnline
. It doesn’t take a trained lawyer to grasp the tortured nature of these arguments, and the obvious reality that basic decency favors PA voters.
Thread: Secret Service purge of 1/6 texts that began 1/27 (11 days after Congress asked for them) is legally troubling because: (1) Trump was still president from 1/6 to 1/20 & also when the Secret Service plan to migrate phone data was initiated in Sept. 2020 (2) Congress' 1/15
A thread on the TX Supreme Court’s stay of the lower court’s TRO that allowed Kate Cox to get the pregnancy-related medical care she vitally needs.
I don’t say this publicly very often - if ever - but I’m so disgusted. /1
Actually, the Supreme Court Just Gave Congress a Big Win - my piece in
@politico
. Trump might have won a short-term political battle. But Congress’ subpoena power is clearer than it ever was.
Former federal judge writes: “it may be . . . appropriate to appoint a special prosecutor to investigate an attempt to corruptly obstruct justice by members of Congress who so obviously use their office to intimidate the deputy attorney general”
Proud to be a woman lawyer today. The female attorneys arguing for the rights of millions of child-bearing age Americans to decide about carrying pregnancies to term in SCOTUS are brilliant. Sotomayor is also incredible. Bam.
Sorry guys, we got this one…
4/30/20, Lansing MI Capitol. Militant Trump supporters storm the Capitol after Trump tweeted “LIBERATE MICHIGAN.”
@jamie_raskin
: “It was a preview of the coming insurrection” on Jan. 6. Trump upheld the righteousness of the MI attack, as he did in Jan.
This is a human rights issue, based solely on a birth characteristic: having a uterus in which a fertilized ovum could attach.
A male politician - not this innocent woman, her family, and her doctor - gets to decide her fate in the United States?
Where’s the outrage? /end
“[Flynn] was a high-ranking government official, advising the president of the United States,” Sullivan said. “I’m not hiding my disgust, my disdain, for this criminal offense.”
Let’s be clear:
#BillBarr
’s cute maneuver with
#MichaelFlynn
is about reframing the empirically establishes fact that the Russians interfered with the 2016 presidential election for
#DonaldTrump
’s benefit. /1
“I can’t promise you a sentence that involves no jail time." “You understand why” I was concerned, the judge told Flynn’s attorney Robert Kelner. “This sounds like a backpedaling on the acceptance of responsibility.”
@GeorgeWill
, kindly citing a column in wrote for
@BulwarkOnline
, is spot on: “The Republic’s domestic tranquility depends on encouraging a historic level of early voting.” This is how to FEC America.
#vote
The Texas AG’s Shameful and Stupid Attempt to Crash the Election - my piece in
@BulwarkOnline
. Paxton is asking five unelected justices to cancel millions of votes in 4 states, and tell the legislatures to give the electors to Trump.
This witness stuff is *not* chaos in the Senate - it is ordered negotiation and consultation. Jan. 6 *was* chaos. Let’s allow it to unfold thoughtfully.
There can be no longer be any serious question as to evidence of Trump’s criminal intent to thwart the 2020 election if he’s still working on that stupid plan. So let’s please stop the media handwringing on that issue. The indictment question, I believe, is when, not whether.
Wisconsin House Speaker Robin Vos says former President Trump called this month and pushed him to try to overturn the results of the 20-month-old 2020 presidential election.
This outcome now allows for legal, forced childbirth by the State of Texas even if it means carrying and delivering a dead or nearly-dead baby with fetal abnormalities against the mother’s will, and despite her possible death, infertility, or physical trauma as a consequence. /8
End note: It is abundantly clear that this narrative smells fishy (as well as frighteningly incompetent). And let's not forget: The fish stinks from the head. I'm on
@cnn
@DonLemonTonight
with
@sbg1
at 11:25 PM to discuss!
If Ms. Cox didn’t have the knowledge or financial means to sue and/or go to another state, she’d be forced to go into labor, watch her baby die, possibly die herself or become too physically damaged to have another child - not to mention the psychological trauma she’s endured. /9
The Speech & Debate clause defense was always a question-by-question thing-like any privilege, including 5th Amendment. Lindsey Graham sought blanket immunity. This move by the 11th Cir. strikes me as bad for Graham because it leapfrogs over his appeal on total immunity.
BREAKING: a loss for Lindsay Graham in his effort to avoid testifying in Atlanta. The 11th Cir signaling that he is only entitled to partial speech & debate protection. So all the nonlegislative questions that the DA has can likely proceed. Temporary stay but looking bad for him
The beauty of the trial judge’s ruling is that it actually put the humanity, medical health and needs of the mother back on the table. Alito in his Dobbs majority basically ignored those very weighty constitutional considerations, focusing on the state’s and the fetus’s only. /7
The question now is whether more women will continue to fight for abortions on a TRO, or whether this is a shot across the bow that the Texas Supreme Court is simply going to say no so don’t bother, effectively making this a complete abortion ban, no exceptions. /5
In my take on the
#DonMcGahn
ruling, I agree with the dissent: “The court ... assures future Presidential stonewalling of Congress, and further impairs the House’s ability to perform its constitutional duties.”
Bear in mind that there is no new decision out of the Texas Supreme Court today - it’s just that she decided to leave the state because that court paused the lower court’s ruling on Friday. She’s 20 weeks pregnant, so time is running out for an appeal on the merits. /2
Reports of voter intimidation so far in NC, AZ, and TX. In AZ and TX judges blocked the practice. (The courts are working, friends!) In Beaumont, TX, poll watchers were targeting black voters, demanding they recite addresses out loud while white poll workers refused aid.
The Texas Supreme Court essentially gutted the whole point of a TRO, which requires a showing of imminent harm because it’s designed to avoid harm that a full-blown lawsuit would necessitate. Meanwhile, AG Paxton pledged to prosecute her doctor. /4
retention letter went to a top official at HHS, Joseph Mayer. HHS oversees the Secret Service (here is the letter ). WTF happened? (3) Chad Wolf, acting HHS Secretary and his number two, Ken Cuccinelli, also erased phone data; (4) in Feb. 22, over a year
Full briefing and oral argument on whether she qualifies under the “substantial risk” of bodily harm standard that is a narrow exception to the abortion ban under Texas law will just take too long for her personal health, which is why the TRO was necessary in the first place. /3
My teen daughter, shocked by the abortion news, asked how the Dobbs draft can do this. I told her Alito went back in time 800 years to see if women had abortions in England. She said: “But back then, they didn’t know how babies are made or that you need to brush your teeth!” Yup.
“If the coronavirus should teach us anything, it is that governing is a deadly serious business. Electing a grown-up isn’t a luxury; it’s a matter of life and death.”
@MaxBoot
Yowza. A must-listen conversation between
@judgeluttig
—a lion of judicial conservatism—with
@SykesCharlie
about how Americans are in a “catatonic moral stupor” as the rule of law is poised to fall to the rule of politics. Stunning.
via
@BulwarkOnline
Trump commuted this guy’s life sentence for murdering a federal agent after Jared & Ivanka reportedly intervened; he went on to allegedly strangle his wife. As I discuss in my book, PARDON POWER, out today - where’s the accountability for pardon abuses?
She can still pursue her case after she gets the care she needs out of state, but the court could toss it out on the grounds that it’s moot. There’s exception to mootness if an issue - like here - is capable of repetition but avoids review, but litigating that costs money. /6
after 1/6/21, HHS Inspector General Joseph Cuffari decided *not* to review any Secret Service phones after learning of erased 1/6 messages; (5) after getting a congressional subpoena, Secret Service sent letter citing its sources for its failed data retention policy, but those
text has been retrieved); (6) Secret Service had employees do the saving on their own (honor system?), which cyber-experts say is unheard of, particularly given gravity of 1/6 (here is the policy the Secret Service cites ) and their
letter ); (7) last month the agency identified metadata indicating texts were sent or received on the phones of 10 of the 24 Secret Service employees around January 6, 2021, so those folks need a talking-to ASAP;
The big news this week was that a judge ruled that Trump and two of his children must submit to depositions in a civil probe into the family’s business practices.
Will their strategy be pleading the fifth?
@donlemon
and I discuss on
#CNN
(8) numerous federal laws are implicated here, including the Federal Records Act, 44 USC 2101 etc., mandating preservation of agency records, specifically including electronic messaging systems; 18 USC 641 & 2071, which make it a crime to intentionally conceal, remove, destroy
point to a "Capstone" process of automatic retrieval/retention of records, and the new system, Microsoft Intune, specifically offers guides for how to back up devices, restore saved data and move devices onto the service without deleting data, let alone so much of it (only one
Thanks
@glennkirschner2
for discussing at 3:45 of this clip my piece for
@politico
on how to impeach a Supreme Court Justice. I never thought I’d pen such words in my lifetime, but here we are.
Tomorrow’s argument in Trump v. Vance could spell the end of American democracy if
#SCOTUS
caves to politics. Our
#Constitution
depends on checks & balances: each branch holding the others accountable. States limit the feds too.
@realDonaldTrump
wants NO checks. That’s a king.
House impeachment managers were impeccable in sticking to law and evidence - not ad hominem attacks, moral superiority, and political assaults. No surprise that Team Trump is doing the precise opposite.
records; 18 USC 1361, which makes it a crime to injure US property, and DOJ guidelines state that this includes public records; (9) Cuffari, the Trump-appointed HHS IG, didn't report the purge until July 13, 2022--even though he learned
What to expect at 3PM? 2 options: 1) DOJ tells judge Trump objects to warrant being released, litigation over DOJ's motion to unseal it ensues 2) DOJ tells judge Trump does not object, we see the warrant later today. Tune in at 2 on
@ABCNewsLive
or 3-4:15 on
@CNN
. I'll be there!
I’ve been teaching Chevron for years. The media coverage hasn’t done justice to some of the important details, so here’s a quick-and-dirty crash course on why
#SCOTUS
’s Loper Bright ruling is such a big deal. My latest for
@BulwarkOnline
.
AG Garland spoke like a true expert in the Constitution, a former judge on the Court of Appeals for the DC Circuit. DOJ is about the Rule of Law. Evenly applied. No Fear. No Favor. DOJ's confidentiality protects individual constitutional rights and the Department's integrity.
The assault on facts and science is a step toward dictatorship. The only way to stop the slide is to vote in November. Buckle up for an assault on the right to vote too.
@realDonaldTrump
began it today with his lies about Michigan.
@gtconway3d
@Alyssa_Milano
@DebraMessing
/1
To have any chance of exiting the steep decline into tyranny what America is now on, we must stop thinking in terms of red v. blue, Democrat v. Republican. The choice is Big Liars v. any candidate who still subscribes to democracy. Vote in 2022 for the latter. It’s urgent.
CLIP 3 - "Trump hasn't paid a price for the big lie ...... What's shocking is how few people [Republicans] have said I can't go along with this anymore." -
@BillKristol
on
#SimplePolitics
FULL INTERVIEW:
Thank you
@Liz_Cheney
for calling out the courage of women who testified like Cassidy Hutchinson and Sarah Matthews — and then reminding us that in 1918 women’s suffrage was debated in that room. Women are under assault as lesser humans after Dobbs, it’s painful, & we heard you.
What we are seeing now, with a montage of Trump’s violent rhetoric and praising of mob violence for his sake, is what we will continue to see in the United States if he’s acquitted. “Law & Order” Republican senators, where are you?
@Tierney_Megan
This is a big deal. Judges don’t hold federal officials in contempt every day. It’s about establishing the legitimacy of the court itself.
I agree with
@tribelaw
: So long as Roe is law, “Merrick Garland has the power, under federal civil rights laws, to go after any vigilantes who employ the Texas law to seek bounties from abortion providers or others who help women obtain abortions.”
@JesseRodriguez
The notion that her religious beliefs have no bearing on her SCOTUS job application is a ruse. Jurors are struck from the jury pool for potential bias every day.
My chat with
@NPR
’s
@MorningEdition
this morning about the post-Watergate Presidential Records Act, which Donald Trump violated by taking official documents out of the White House to Mar-a-Lago, prompting the FBI’s search yesterday. Take a listen!
“The dissents showed one thing clearly: The Colorado majority was right. I dare not predict what will happen next. But if Trump’s lawyers or any members of the United States Supreme Court want to overturn the decision, they’d better come up with something much, much stronger. And
Judge Outlines ‘Shell Game’ Played with Classified Docs at Mar-a-Lago -- On Tuesday, it was revealed that a federal judge found over a year ago that there is sufficient evidence, if believed by a jury, to find that Trump committed numerous federal crimes.
"[I]f Leader X finds out that we know it [i.e., certain classified information], he will immediately run through a list of people who are privy to that knowledge, which is how spies and informants end up in prison or even dead.”
@RadioFreeTom
writes.
Just finished this book. Historically, democracies become dictatorships when leaders 1- use violent words (“lock her up,” evil media) and 2-attack anyone who questions them (Mueller, Rosenstein,
@KingJames
).
What about the members of congress that helped to fan the flames of yesterday's coup attempt? Should they be held accountable?
Listen to today's
#SimplePolitics
discussion with
@MSNBC
analyst & former prosecutor
@glennkirschner2
FULL EPISODE VISIT:
As
@RodRosenstein
made clear since leaving office, the Russians are no friends of the US.
#VladimirPutin
wants corrosion of American dominance from within. He wins if we buy into the lie that the
#MuellerReport
was BS. It was not. /3
DOJ has until today to appeal a lower court’s decision to release a DOJ Memo re: the Mueller Report’s Obstruction case. This strikes me as a pretty big deal & overall bad news for Team Trump. Here’s my explainer piece for
@BulwarkOnline
.
This is a government by
#WeThePeople
. *Not* by we “team
#Trump2020
.” And *not* by we “team
#NeverTrumper
.” We are bigger than this! We can come together and face the facts of the
#Russian
assault on our once beautiful democracy.
#BillBarr
is wrong to gaslight about this. /end.
DOJ’s elegant motion to stay the judge’s injunction stopping FBI/DOJ use of classified documents retrieved from MAL offers a face-saving out for the judge, while exposing the glaring flaws in her legal analysis, from which her reputation will never recover among professionals 1/x
Obvi,
@LindseyGrahamSC
is trying to deflect attention from his decision to defy a grand jury subpoena in GA re: his pro-Trump calls in the “find 11,780 votes” election scandal. SMH.
Tax the Unvaxxed. Yup. “Willful vaccine resisters should pay their fair share of the price—literally—for what their behavior has cost and is costing the rest of us.”
Here’s my question: Now that the Supreme Court is using time machine travel to determine individual constitutional rights, is it going to reverse Citizens United? On the theory that fictional corporations weren’t an issue when the 1st Amendment was ratified to protect *humans*?
It’s called gaslighting. Definition: manipulate (someone) by psychological means into questioning their own sanity. And it’s deeply damaging to the psyche, not to mention the rule of law. /2
#SimplePolitics
- TONIGHT 6pm eastern
@msnbc
analyst
@glennkirschner2
and I recap the day’s impeachment proceedings, the acquittal, and the 7 Republicans who voted to convict.
Click to watch on Instagram:
I’ll be on
@MSNBC
with
@AliVelshi
at 9:25a eastern along with Michigan Secretary of State
@JocelynBenson
to discuss the nationwide Republican-led assault on the constitutional right to vote. Join!
With all due respect to the expert analysis, this is not complicated. 1. Trump is no longer POTUS, Biden is, so Trump has no claim to executive privilege: 2. The Special Master is *substantively* beside the point. It’s only a second set of eyes on the FBI’s work. Umm…ok.
We generally do not publish on Sundays, but did today.
This important article gets to the core of Trump's request for a Special Master to keep "executive privilege" docs from FBI.
A great expert
@mls1776
analytically decimates that idea.
Want to understand the implications of SCOTUS’ leaked reversal of Roe? Check out my article for
@TheAtlantic
- What 'Roe' Could Take Down With It. It could topple a line of cases protecting child-rearing, education, marriage, choosing a profession.
Here FYI is a blank warrant. Page 2 has space to list the inventory of materials retrieved. It does not include the affidavit setting for the probable cause. The Mar-a-Lago warrant has to attachments--A & B--but we don't know what they are yet.
Marjorie Taylor Greene at the White House in late Dec 2020 saying she had a "great planning session for our January 6th objection. We aren't going to let this election be stolen by Joe Biden and the Democrats. President Trump won by a landslide."
Still processing this ...
My column for
@BulwarkOnline
—The Proud Boys’ seditious conspiracy verdict is another huge win for DOJ and Merrick Garland, who has weathered substantial criticism for failing thus far to indict high-level government officials for their roles.
“If voters want to avoid the worry of a ballot stuck in the mail, they can just avoid the risk altogether. Any ballot drop-off site will work, and no postmark is needed, [or] send it at least one week in advance.”
Here’s the thing: (1) Trump & team did and said some sh*t in broad daylight (2) they continue to do so (3) the Jan. 6 Committee is dealing with an avalanche of evidence (4) under a tight deadline and (5) w/ no how-to template. Pros are in charge so beware: accountability looms.
Take note:
@politico
quoting Steve Bannon on what the president will do if he wins: "You're going to get pure Trump off the chain. Four years of Donald Trump in payback mode." This is no joke, folks.
“An American president, unwilling to concede his defeat by 7 million popular votes and 74 Electoral College votes, is still trying to steal the election. It has become his obsession.”
Republicans don’t care for voting so much
@JRubinBlogger
: “Kim Wehle writes for the Atlantic: ‘The Constitution needs major surgery, in the form of an amendment that affirmatively protects and preserves all citizens’ right to vote.’”