legalnerd @alegalnerd
Attorney w/41+ Years Criminal Law & Procedure Experience in Federal & State Court Trials, Appeals & Habeas. ✡️ Joined June 2017-
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Ready for the weekend 💙 🐾
When "activism" merges with narcissism, it's less about the cause and more about the ego.
Howard Stern: I want to thank you for your compassion. We're lucky to have you in the Oval Office and serving as the father of the country. I want to thank you for providing a calming influence and an organized administration post-COVID President Biden: The American people…
Kaitlan Collins: “So you’re voting for someone…tried to subvert the peaceful transfer of power, who can't even achieve his policies, that lied about the election…Someone who’s facing 88 criminal counts?” Bill Barr: “The answer to your question is YES”
Post a picture with your dog that doesn’t involve shooting them and throwing them in a gravel pit.
Post a picture with your dog that doesn’t involve shooting them and throwing them in a gravel pit. https://t.co/qFQ63FTBQU
Short version of @StephenESachs thought-provoking post: @Harvard is permitting terrorist-loving antisemites to infest its campus and terrorize Jewish students. Biden must speak out strongly, unambiguously, against this invasion of America's college campuses.
Short version of @StephenESachs thought-provoking post: @Harvard is permitting terrorist-loving antisemites to infest its campus and terrorize Jewish students. Biden must speak out strongly, unambiguously, against this invasion of America's college campuses.
The SCOTUS is going to hold that the DOJ cannot use "official" presidential acts as the basis for a criminal prosecution of a FPOTUS. How broadly (outer perimeter) or narrowly (core Art. II powers) the SCOTUS defines "official" is the crucial issue.
The SCOTUS is going to hold that the DOJ cannot use "official" presidential acts as the basis for a criminal prosecution of a FPOTUS. How broadly (outer perimeter) or narrowly (core Art. II powers) the SCOTUS defines "official" is the crucial issue.
Should former President Trump be immune from criminal charges for actions taken while in office? SCOTUS heard oral arguments yesterday and @lawfareblog's @jacklgoldsmith and I broke it down. Listen: bit.ly/3y2Hkcv
Roberts said DCCA's reasoning was tautological. He was absolutely correct. As I pointed out almost 2 months ago.
Roberts said DCCA's reasoning was tautological. He was absolutely correct. As I pointed out almost 2 months ago. https://t.co/xaY60TC4Tr
Act-by-act immunity analysis. Chutkan & DCCA should have followed my suggestion. Instead, they issued "tautological" categorical rule that was a guarantee that SCOTUS would step in.
Act-by-act immunity analysis. Chutkan & DCCA should have followed my suggestion. Instead, they issued "tautological" categorical rule that was a guarantee that SCOTUS would step in.
Even if convicted of the 175.10 Class E felonies, the odds of Trump, as a first-time offender, being sentenced to incarceration in jail or prison are exceedingly, exceedingly low.
Even if convicted of the 175.10 Class E felonies, the odds of Trump, as a first-time offender, being sentenced to incarceration in jail or prison are exceedingly, exceedingly low.
How many of the questions @AWeissmann_ & @rgoodlaw said the SCOTUS should ask, did any justice ask?
How many of the questions @AWeissmann_ & @rgoodlaw said the SCOTUS should ask, did any justice ask?
Not "perhaps." If Trump wins = "Never"
Andrew Weissmann (wei.. @AWeissmann_
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430K Followers 141 Following Former national level tic-tac-toe player. Still play for fun, but not quite as good. Also, play a LOT of Uno.during my lovely semester at GW, my office was on this quad. it was enjoyed by all students. it's sad to see such open expressions of hate.
A few reactions to the oral argument in Trump v. United States: balkin.blogspot.com/2024/04/a-few-… #SCOTUS
@rgoodlaw @AWeissmann_ @Liz_Cheney @RickPildes My thoughts on the oral argument: balkin.blogspot.com/2024/04/a-few-…
Ignore the commentariat: the SCOTUS immunity hearing was a disaster for Trump. 1/ It is clear from the hearing, both by what the justices said and what they did not say, that they are as appalled by the conduct alleged in the case as you and I. (It may seem to be a stretch to…
Post a picture with your dog that doesn’t involve shooting them and throwing them in a gravel pit.
@GovTimWalz Chili is our rescue Yorkie we got after our big love, Samson passed away🐾❤️🔥 I rescue cats. Currently we’re caring for eighteen. I’m starting a 501(c)3 this year, Cats are Family. They’re always treated, loved and cared for like family, LIKE FAMILY.
@alegalnerd @varadmehta @StephenESachs @Harvard Yes and the wokest whitest are the ones who hate Jews the most and are taking over campuses
@rgoodlaw Someone remind Gorsuch that at the Convention, when a ban on pardoning treason was proposed (because a treasonous president could pardon his co-conspirators), the winning argument was: leave the pardon power alone; if that happens you can prosecute the president.
@alegalnerd @steve_vladeck Could be seen as presumptuous?? Also if stay is lifted narrowly only as to acknowledged unofficial acts (that ACB forced admission on) Special Counsel may not wish to go forward now on curtailed allegations. But I would strongly consider moving to lift the stay.
@alegalnerd @steve_vladeck They already issued the stay. They IMO certainly have the power to reconsider and lift the stay by applying those factors I certainly think analysis of factor 1 would be anti-stay at this point. Can special counsel bring a motion to lift the stay ? Should he ?
@alegalnerd @steve_vladeck IF they want to do that I think it would be within their inherent authority. I don't know if any precedent though - perhaps a death penalty case where stay was granted and opinion followed. BUT I don't think they will do so here. Gorsuch & Kavanaugh want an opinion for posterity
@Alex_Hortis @alegalnerd @NeemaEmam @lee_kovarsky Looks like you're both right -- he said this, but elsewhere said sending "alternate" electors was official because Grant blah blah.
@PeriodicTweet @alegalnerd @NeemaEmam @lee_kovarsky Far from "easy", this is going to depend on the facts and a ruling or verdict at trial.
@RDEliason @lee_kovarsky Brewster framework might be trickier to apply if official (if deemed so) act less separable/more integral -- e.g. if Tweets deemed "official," harder to show how obstructed vote w/o introducing these. x.com/ProfGrewal/sta…
@PeriodicTweet @alegalnerd You can mention that the bribe was for a veto, without introducing evidence of whether the veto was actually performed. If the president never even performs the veto, and even if the president never intended to, you still have a completed crime
@lee_kovarsky I agree that seemed to be his concern. Just pointing out why I think he's wrong - it's not unworkable when it comes to prosecuting members of Congress so I don't see why it would be here.
@alegalnerd I agree that a late-May or early-June decision is possible. The best evidence, in my view, is Barrett’s effective cross of Sauer on extent of private acts in indictment & the Chief’s skepticism of Sauer’s argument that official acts become inadmissible even if immunity attaches.
@PeriodicTweet @alegalnerd I might have missed some so feel free to add or subtract. I also stayed away from highlighting general statements like "Defendant conspired with co-conspirator 4 to obstruct the official proceeding" and stuck to only specific acts like meetings.
@NeemaEmam @alegalnerd OMG, I was JUST about to post this Tweet -- thanks!
@PeriodicTweet @alegalnerd drive.google.com/file/d/1-UV0g9… This is the indictment with highlights for potential official acts. I've highlighted in yellow communications with executive officials and in orange communications with state officials.
@alegalnerd My prediction: 6-3 no immunity of any kind. "Official acts" too broad, harms outweigh benefits. CJR says "core" is unworkable e.g. bribery. CT says constitution is silent (in line with his anti-qualified immunity views). Or 7-2 immunity but evidentiary use ok. Remand for trial.