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Russian Embassy in USA @benjaminwittes
@alegalnerd Sorry, just seeing this thread. Was reading your other one. I would be interested in seeing this argument fleshed out. Have you detailed it non-Twitter prose anywhere? FYI @rparloff — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@alegalnerd @theconnorlynch @ScottGreenfield @shoefaceblue @emptywheel @lawfareblog Clear statement rule does or does no limit application of the statute—however you understand its elements—to the specific person. Whether DOJ has already decided this question or whether it will do so only at the point at which it has finished its evidence collection is not clear — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@alegalnerd @theconnorlynch @ScottGreenfield @shoefaceblue @emptywheel @lawfareblog I agree with this. I would only add that if you are contemplating an indictment of the former president for conduct that took place while he was president, and you are a federal prosecutor employed by the US Department of Justice, you have an addition question—which is how the — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@naughtfollowers @WWorld2019 @alegalnerd @shoefaceblue @emptywheel @lawfareblog Yeah, I can be accused of a lot of things. But being a promoter of the Steele stuff is just not one of them. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich @alanfeuer in any event, gotta run and do tonight's show. I look forward to continuing the conversation. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich @alanfeuer I will be very interested to talk with you next week about what you mean by "tailored for evidence against Trump." — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@naughtfollowers @WWorld2019 @alegalnerd @shoefaceblue @emptywheel @lawfareblog Check it out. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@naughtfollowers @WWorld2019 @alegalnerd @shoefaceblue @emptywheel @lawfareblog I didn't publish it. When it came out, I wrote a very cautious piece about why I hadn't published it and why people needed to be very careful about it. I commented on it on television virtually not at all. And I never took its allegations as true on any matter. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@naughtfollowers @WWorld2019 @alegalnerd @shoefaceblue @emptywheel @lawfareblog You will not find a single article anywhere in which I was gung ho for the Steele material. Go look. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich @alanfeuer As I say, I will--though I read it the day it came out. That said, still trying to isolate the area of disagreement. Do we agree that, fetish or not, there has been no investigative step directed at Trump? — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@sallyagale that guy's bad news. watch out for him. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@sallyagale he's bad news. watch out of that guy. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich @alanfeuer oh, okay, but that's an inference. It may well be a correct one, but it's an inference. When I say overt investigative steps, I mean a subpoena for HIS records, process to telco's about HIS stuff or a warrant of some kind. Do we agree that there has been none of that? — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich @alanfeuer Ok, will do both and look for evidence of overt investigative steps directed at trump himself. Let's pause until I have had a chance to review. I will ping you when I've done so. I'm not moving at full speed these days because of COVID, so give me a little slack on time. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich ...so far, anyway, no overt investigative step directed AT Trump. (3) We both agree that that is consistent with a normal bottoms-up investigative strategy. Let me pause here to see if there is any disagreement yet. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich OK, we are zeroing in on agreement here... leaving aside the fact that car keys don't get drunk. ;) Am I characterizing you fairly here? (1) We both agree that there is a 1-6 investigation that focused on lots of activity around Trump. (2) We both agree that there has been... — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich ...of a criminal investigation that is in some meaningful sense focused on them--as opposed to others--than you can't say that the bottoms-up approach to tracking the investigation has answered the question my piece tried to address. So what is the dispute here? — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @regalbutojane @mandalorchick @mrbromwich In that case, though, I don't know what we're arguing about. If your point is that your bottoms-up look at the investigation has value, I FULLY agree. You notice all kinds of things all the time that we miss. But if you're not confidence that Trump and Eastman are subjects... — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel You are dramatically over-reading Pearce here, in my view. He was asked a hypothetical by a judge in an oral argument that did not by its terms involve the president—and therefore does not implicate the clear statement rule. One can't conclude from this that Trump is a subject. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@regalbutojane @mandalorchick @mrbromwich @emptywheel 0n the subject would be fun and valuable. And I'm delighted she will be joining @GenevieveDFR and me to chew over the matter a week from today on @inlieuoffunshow. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@regalbutojane @mandalorchick @mrbromwich @emptywheel ...and her anger at me and my colleagues for not sharing her confidence and for asking the questions we are asking--doing the homework we are doing--seems to me misplaced. That said, because I admire Marcy and think she's doing important work, I think a conversation... — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@regalbutojane @mandalorchick @mrbromwich @emptywheel that activity in the January 6 investigation surround both Eastman and Trump. Yet I still know of no overt investigative activity directed against either specifically. There are a number of possible answers to the puzzle of why that is. But her confidence as to the answer... — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@regalbutojane @mandalorchick @mrbromwich @emptywheel And in the presence of not a single investigative step directed against either Trump or Eastman, she simply seems too confident to me that they are subjects of an open investigation. I agree with her that she has documented a great deal of reason to believe — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@regalbutojane @mandalorchick @mrbromwich @emptywheel Again, agree that her insights are valuable. She often confuses "not doing their homework" with not doing the specific homework that she has done. Not all questions can be answered using her admittedly encyclopedic tracking of the Jan. 6 investigation. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@sallyatticum In his capacity as a litigant against FBI for wrongful termination and violation of his right under the Privacy Act. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@mandalorchick @She_OfTheWild @emptywheel To my knowledge, Garland has never testified about the state of OLC's views of the clear statement rule. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@She_OfTheWild @mandalorchick @emptywheel My piece is not about the Moss memo. It is about a series of OLC opinions dealing with a COMPLETELY different issue. There is no question in the world that OLC regards a sitting president, and not a former president, as immune from criminal indictment. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
This is interesting: https://t.co/fzDTdIFKZJ — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @mechisian @inlieuoffunshow @GenevieveDFR We will book you for next Wednesday. I will announce it on the show tonight. — PolitiTweet.org
Russian Embassy in USA @benjaminwittes
@emptywheel @mechisian @inlieuoffunshow Next week it is! @GenevieveDFR — PolitiTweet.org
