Former Special Counsel @DeptofDefense. Co-editor-in-chief @just_security. Chaired Professor NYU Law. Former Chaired Professor Harvard Law. Co-director @RCLS_NYU
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Apr 25 • 6 tweets • 2 min read
Due to Trump attorney's concessions in Supreme Court oral argument, there's now a very clear path for DOJ's case to go forward.
It'd be a travesty for Justices to delay matters further.
Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.⬇️
2/ Justice Barrett rounds this out with her final question:
She gets USG attorney to say there's enough of these private acts to move forward, and Trump's conduct involving pressuring DOJ, Pence etc would be used just for evidentiary value not criminally liable for those acts.⬇️
Apr 22 • 5 tweets • 3 min read
I have a new piece with @AWeissmann_ in @just_security:
Questions the Supreme Court Should Ask at Oral Argument on Presidential Immunity
Just Security also published a complementary piece showing speed by which #SCOTUS can decide cases—if it wants to.⬇️justsecurity.org/94867/supreme-…2/ Here's a link to the second piece. By Fred Wertheimer:
NYT scoop: "David Pecker...is set to go first" as prosecution witness. ⬇️
Pecker could be key witness - in ways more devastating than Michael Cohen.
This also indicates DA is foregrounding unlawful election influence for jurors.
hat tip: @AWeissmann_ nytimes.com/2024/04/21/nyr…2/ As this Timeline shows, Pecker's testimony should be strong proof of core allegation that the hush money scheme was geared toward influencing the outcome of the presidential election.
To make these statements or have these statements made from within the courthouse would be to amplify the "contempt" of and for the court.
Apr 15 • 6 tweets • 3 min read
Watch this space:
At start of #TrumpTrial, Trump's violations of recent #GagOrder are likely to come up with key question being what sanctions Justice Merchan may threaten or impose.
Great discussion here ⬇️ between @ErinBurnett, District Attorney @Mimirocah1 and @OMGrisham
DA Rocah: "Trump coming out and calling them liars is about as stark a violation as you can get."
2/
On left:
#GagOrder provision prohibiting former President Trump making public statements about witnesses in Manhattan criminal case.
On right:
Trump public statements about witnesses in violation of the gag order (plus one about judge's daughter)
Apr 2 • 8 tweets • 3 min read
Important new analysis
Donald Trump announced a vigil for #January6th inmates in DC jail and promised to free them.
Who exactly are they?
@just_security obtained official list.
Almost all of them (27 out of 29) are charged with assaulting law enforcement officers.
<thread> 2/ DC jail January 6th inmate Daniel Ball
Ball is charged with several felonies and misdemeanors. The felony charges include assaulting law enforcement officers by allegedly throwing an explosive device that detonated on at least 25 officers.
Mar 29 • 4 tweets • 2 min read
This is a superb explainer with graphics by @just_security fellow @KlasfeldReports
On the Manhattan DA's criminal charges against former President Trump.
link: 2/ You can (and should) read @KlasfeldReports's written analysis here.⬇️
"Butler says he told investigators that Australian billionaire Anthony Pratt repeated classified submarine secrets following a conversation with Trump in spring 2021.
Pratt met with Trump and heard from the former president about US and Russian submarines at their meeting, then relayed that information to his chief of staff while in the backseat of Butler’s car."
Trump's alleged co-conspirator Kenneth Chesebro has a new perjury problem.
On left:
Chesebro testimony to Nevada grand jury that false electors scheme was contingent on winning litigation before Jan. 6.
On right:
Chesebro Dec. 8, 2020 confidential email saying it was not. 2. The December 8 email is part of the documents released on Monday as part of a civil lawsuit settlement with Chesebro.
More on that settlement here (via @yvonnewingett):
DOJ filing: “Smirnov admitted that officials associated with Russian intelligence were involved in passing a story about Businessperson 1” ( Hunter Biden).
Misinformation on Meet the Press (@MeetThePress @kwelkernbc @gelles).
See what's missing in this screen shot? 2/ It's the ellipses. What's missing from the ellipses?
Hur report says only "evidence" of that.
Plus Hur says it was not sufficient evidence. Hur says he also found evidence that Biden did NOT do so, and Hur says he cannot refute innocent explanations. justsecurity.org/92090/the-real…
Jan 9 • 4 tweets • 2 min read
DC Circuit just wrapped up argument on Trump's claim of immunity from prosecution.
Looks destined the court will rule in favor of Special Counsel. Indeed, Trump attorney made key concessions.
The question now is timeline.
Great Charts by @NormEisen @Matt_Seligman @JoshuaGKolb 2/ The full analysis of the "short timeline scenarios" and the "long timeline scenario" are in this @just_security article published today.
What a finding by DC Circuit about a former president of the US:
"We agree ... that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding."
Upholds gag order in large part.👇 2/ Trump's "messaging daggered at likely witnesses."
"The record shows that Mr. Trump has repeatedly attacked those involved in this case through threatening public statements, as well as messaging daggered at likely witnesses and their testimony."
Dec 6, 2023 • 16 tweets • 6 min read
1/ Valuable evidence for DOJ and other criminal cases involving 2020 false electors scheme!
Plus civil case in Wisconsin now focused on Chesebro with these new, strong witnesses against him.
Most important, supports Jack Smith theory of the case...
The 10 false electors who settled the civil lawsuit, as part of the agreement:
"Agree to fully cooperate" with the Justice Department in its #January6th investigation and prosecution and with the plaintiffs as they continue their lawsuit against Kenneth Chesebro.👇
Nov 20, 2023 • 4 tweets • 2 min read
1/ Over the weekend, senior US official made remarkable comments on conditioning aid to Gaza on Hamas' release of hostages (time stamp: 34:00).
That would cross a red line under international humanitarian law.
@just_security we asked top legal experts.
2/ Text of US official's remarks.👇
Nov 13, 2023 • 5 tweets • 2 min read
1/ Solid evidence for prosecutors:
“The boss is not going to leave under any circumstances. We are just going to stay in power.'"
Trump senior aide Dan Scavino to alleged Trump co-conspirator Jenna Ellis after Supreme Court loss on Dec. 11, 2020.