Harry's Hits: Week of June 6, 2022

MEDIA HITS

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HARRY SPEAKS WTH NICOLLE WALLACE ABOUT CLARK’S CRIMINAL LIABILITY REGARDING THE JAN 6 HEARINGS ON DEADLINE WHITE HOUSE

JUNE 14, 2022

"Is [Clark] looking at criminal liability? You bet, and that's why he and his lawyer have insisted on taking the 5th, because this was a scheme he was attempting to do to make... GA officials... overturn the lawful results of the election" - @harrylitman w/ @NicolleDWallace pic.twitter.com/yNg6IfwS7q

— Deadline White House (@DeadlineWH) June 14, 2022

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TOP TWEETS THIS WEEK

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DOJ charging 5 proud boys with SEDITIOUS CONSPIRACY -doesn’t get bigger or more serious than that.

— Harry Litman (@harrylitman) June 6, 2022

Seditious conspiracy- not for the faint of heart. Thanks very much as always @NicolleDWallace for including me at your great table, https://t.co/HubeyaJlfz

— Harry Litman (@harrylitman) June 7, 2022

Turns out Dr. Oz, Newly victorious Republican candidate for Senate from Pennsylvania,is registered to vote in New Jersey, not Pennsylvania, and has been registered there since the 1980s.

— Harry Litman (@harrylitman) June 7, 2022

Judge Carter’s opinion denying Eastman’s claims of privilege over 150+ docs included this pretty huge finding: the crime w/ Eastman and Trump that he previously determined probably was committed “was fully formed and actionable as early as December 7, 2020.”

— Harry Litman (@harrylitman) June 9, 2022

One of the docs that Judge Carter ordered Eastman to turn over is a 2nd piece of proof of a crime- it's an email from 12/20/20 discussing the "Jan 6 strategy" & plotting to avoid the courts because they could "tank the strategy." Also docs re communications w/ high level WH staff

— Harry Litman (@harrylitman) June 9, 2022

The best trial lawyers and prosecutors find their own voice, the one that best communicates their credibility and trustworthiness. For Liz Cheney, that's calm, direct, methodical, not flashy. And she was magisterial with it this evening.

— Harry Litman (@harrylitman) June 10, 2022

My pick for the 5 biggest new reveals from the hearing:
5.Ivanka knows he lost; 4.Jared sees threats to resign as "whining"; 3.Congress Members sought pardons; 2. Trump:"Mob doing what they should be doing," & 1. "maybe our supporters have the right idea. Mike Pence deserves it."

— Harry Litman (@harrylitman) June 10, 2022

How effective was it? Will it change hearts and minds? Ultimately, this has to be the wrong question. The Committee did an impeccable job of showing us the facts. It's to the American people to get it right and to preserve their entitlement to "a republic, if you can keep it."

— Harry Litman (@harrylitman) June 10, 2022

Many trial lawyers - I was among them / put a lot of stock in sponsorship theory, meaning a jury or audience reacts differently to evidence depending on the source. Here the Committee’s use of Barr, Ivanka, even Cheney’s starring role, draws power from that idea.

— Harry Litman (@harrylitman) June 11, 2022

Look for more damning evidence against Trump from his own people tomorrow inc his campaign manager and his US attorney in Georgia, who was fired for not endorsing the big lie. Imagining the killer cross-examination if Trump or a surrogate ever were to assert the kool aid defense.

— Harry Litman (@harrylitman) June 13, 2022

Boom there it is! DOJ charges 5 Proud Boys with seditious conspiracy. Looking forward to discussing on @DeadlineWH with @NicolleDWallace at 4:20 ET

— Harry Litman (@harrylitman) June 6, 2022

.@washingtonpost reports that Trump applied two weeks of persistent pressure on the Secret Service to devise a plan for him to join his supporters on a march to the Capitol from the park near the White House where he was leading a massive rally that he predicted would be “wild.”

— Harry Litman (@harrylitman) June 7, 2022

other shoe falls. Judge Carter orders John Eastman to turn over tranche of 159 documents, rejecting Eastman's (bogus) argument that they were covered by attorney-client privilege.

— Harry Litman (@harrylitman) June 8, 2022

Immediate dividends from cooperation of Secret Service and Robert Engel, head of Trump detail. He will testify that Trump asked him about marching to Capitol with insurrectionists.

— Harry Litman (@harrylitman) June 9, 2022

On the basic goal of working fast and putting in a huge range of evidence but also punctuating with new and indelible moments, it’s a 10 out of 10.

— Harry Litman (@harrylitman) June 10, 2022

How effective was it? Will it change hearts and minds? Ultimately, this has to be the wrong question. The Committee did an impeccable job of showing us the facts. It's to the American people to get it right and to preserve their entitlement to "a republic, if you can keep it."

— Harry Litman (@harrylitman) June 10, 2022

Jared's posture, word choice, general commentary all dripping with supreme arrogance. helped clarify his status as one of most if not most loathed figures in the Trump WH. https://t.co/dTEec5UrGA

— Harry Litman (@harrylitman) June 10, 2022

Referral or no referral, prosecution or no prosecution, last night’s hearing was the most damning and dramatic indictment of any president in US history. Looking forward to discussing with @NicolleDWallace and her all-star ensemble on @DeadlineWH at 5 pm ET.

— Harry Litman (@harrylitman) June 10, 2022

Presumably the committee is holding out hope for some kind of cooperation from the recalcitrant Republican five, perhaps because revelations shame them or increase the political pressure to intolerable levels. Why else wouldn’t they have referred them to DOJ at this point?

— Harry Litman (@harrylitman) June 11, 2022

In the meantime, it’s mid June and the Supreme Court has nearly 30 decisions left to issue including five or so barnburners. Get ready for a possibly insane week with three hearings and guns and the Court.

— Harry Litman (@harrylitman) June 13, 2022

Harry's Hits: Week of May 30, 2022

MEDIA HITS

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LA TIMES COLUMN: THE SUPREME COURT SHOULD FIND THE ROE LEAKER. BUT THAT WON’T FIX WHAT’S BROKEN

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TOP TWEETS THIS WEEK

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Sussmann not guilty. Extremely fast verdict. more or less total humiliation for Durham. Jury presumably recognized the picayune pettiness of the case.

— Harry Litman (@harrylitman) May 31, 2022

Foreperson in Sussmann case told reporters that “politics were not a factor” and that she thought bringing the case had been unwise. Ouch! One thing to vote to acquit, much harsher to say the charges never should’ve been brought.

— Harry Litman (@harrylitman) June 1, 2022

New York appeals court upholds conviction for sexual assault of 2 women and 23-year prison sentence for Harvey Weinstein.

— Harry Litman (@harrylitman) June 2, 2022

Remember, Navarro is "Mr Green Bay Sweep," the author of a whole game plan of multiple actions to overturn the election, WHICH HE PUT IN A BOOK but refused to testify to Congress about

— Harry Litman (@harrylitman) June 3, 2022

Another interesting point about Navarro: he also has been subpoenaed to testify before a DOJ federal grand jury. That's a separate action, but obviously now cross-cutting and had to have been carefully coordinated at DOJ.

— Harry Litman (@harrylitman) June 3, 2022

Navarro is a flamboyantly sketchy character somewhat in the Michael Flynn mold,but nothing about the facts of his contempt case required the DOJ to seal the indictment,arrest him, & keep him in custody.They're treating him like a severe flight risk; we'll likely find out why soon

— Harry Litman (@harrylitman) June 3, 2022

Three years ago, a white supremacist with an assault weapon murdered 51 people at two mosques in Christchurch, New Zealand. 
One week later the Prime Minister announced a nationwide ban on military-style assault weapons — and parliament passed it with near-unanimous support.

— Harry Litman (@harrylitman) June 3, 2022

A reminder that DOJ’s hands were affectively tied: for political reasons they couldn’t dump Durham. But the lengthy investigation with zero results is an even stronger repudiation.

— Harry Litman (@harrylitman) May 31, 2022

The shooting in Tulsa was with a rifle. We are an abomination where guns are concerned.

— Harry Litman (@harrylitman) June 2, 2022

BOOM there it is: Navarro indicted for criminal contempt for snubbing Congress. Also answers the question about what the subpoena was for.

— Harry Litman (@harrylitman) June 3, 2022

Two counts for Navarro, one for refusal to testify, one for refusal to produce documents.

— Harry Litman (@harrylitman) June 3, 2022

.@maggieNYT scoop: Pence's Chief of Staff warned him and his security detail on Jan 5 that Trump was going to turn publicly against him, and there could be a security risk because of it.

— Harry Litman (@harrylitman) June 3, 2022

The revelations that Pence's folks feared a physical threat of him as of 1/5 are impt evidence of TRUMP's state of mind. The worst texts from Meadows show Trump as unconcerned about Pence on 1/6; this shows Trump must at least have known about the threat and in advance.

— Harry Litman (@harrylitman) June 3, 2022

Meet your likely star witness:

Cassidy Hutchinson has recalled for the committee various episodes in the chaotic scramble to sustain Trump’s election-fraud falsehood. A mid-level aide, she kept detailed schedules of movements in the West Wing and spoke extensively with Meadows.

— Harry Litman (@harrylitman) June 5, 2022

Harry's Hits: Week of May 15, 2022

MEDIA HITS

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HARRY JOINS NICOLLE WALLACE ON DEADLINE WHITEHOUSE TO DISCUSS INSURRECTIONIST CONTEMPLATION ACCUSATIONS

May 19, 2022

Got this news just before the hit on @DeadlineWH w/ @NicolleDWallace so was quickly reacting; now on sober reflection nearly 3 hours later, it’s still absolutely that bad!! Thanks as always for letting me join the discussion, @NicolleDWallace ! https://t.co/3b9cKvQiDs

— Harry Litman (@harrylitman) May 19, 2022

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TOP TWEETS THIS WEEK

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Sussmann jury seated and evidence begins tomorrow. Government's case, brought by Special Counsel John Durham, expected to begin with Marc Elias, who worked with Sussmann at Perkins Coie election law group, and two FBI agents.

— Harry Litman (@harrylitman) May 17, 2022

Testifying in the Michael Sussmann trial, @marceelias throws water on the Durham theory, telling jurors that it wouldn't have been in Clinton campaign's interest to come forward to the FBI. "Comey was putting a thumb on the scale against Hillary Clinton: at the time.

— Harry Litman (@harrylitman) May 19, 2022

Very important development: DOJ asks 1/6 committee for transcripts of its interviews now, suggesting its Grand Jury investigation of political actors is wide-ranging and heating up quickly.

— Harry Litman (@harrylitman) May 17, 2022

Harry's Hits: Week of May 8, 2022

MEDIA HITS

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HARRY JOINS KATIE BARLOW AND DAVD ROTHKOPF ON DEEP STATE RADIO TO DISCUSS THE SUPREME COURT DRAFT OPINION LEAKS

May 16, 2022

.@katieleebarlow, @harrylitman, and @djrothkopf discuss the leaks at the Supreme Court around the draft decision overturning Roe v. Wade during our latest episode. Listen here: https://t.co/YZJfOUhgsL pic.twitter.com/QJmCAfvEil

— Deep State Radio (@deepstateradio) May 16, 2022

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TOP TWEETS THIS WEEK

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NY court rules to lift the contempt order, Trump must pay what is now a $110,000 fine, detail policies on how docs kept or destroyed, and a few final boxes are searched.

— Harry Litman (@harrylitman) May 11, 2022

Boom, there it is! The House select committee investigating the January 6 attack on the US Capitol is taking the extraordinary step of sending subpoenas to House Minority Leader Kevin McCarthy and four other Republican lawmakers--Jordan, Perry, Biggs, and Brooks.

— Harry Litman (@harrylitman) May 12, 2022

Yes if the 5 subpoenaed Members resolve to resist, the committee will not get their info before the hearings. But they can still be referred for contempt, and that won't go away. If DOJ agrees-and the 5 have no real defense-there are legal, financial, & political repurcussions

— Harry Litman (@harrylitman) May 12, 2022

As Thomas speech illustrates, the Supreme Court is broken. And while it’s more remote then with the Congress and the republican party, Trump is basically the guy who broke it. Amazing the damage one sub-mediocre sociopath has wrought everywhere.

— Harry Litman (@harrylitman) May 14, 2022

Lots of people seem to think Trump beat the rap with the civil contempt.Not sure why== he failed to comply with the court's orders and was held in civil contempt until he complied, and then he lost the motion to rescind the fines. That's how civil contempt works.

— Harry Litman (@harrylitman) May 12, 2022

There are many equally rabid supporters of the Big Lie in Congress, so why subpoena these 5. Because they are fact witnesses. They spoke with Trump on the 6th, or heard his confess responsibility, or worked up the false allegations, etc. Remember the backdrop here:

— Harry Litman (@harrylitman) May 12, 2022

Great stuff: Sweden looks likely to join Finland in applying to join NATO, after more than 200 years of neutrality and military nonalignment. Putin is reconfiguring Europe, but not in the way he anticipated.

— Harry Litman (@harrylitman) May 13, 2022

Waiting with some dread to learn how the Buffalo shooter got his firearm.

— Harry Litman (@harrylitman) May 14, 2022

Harry's Hits: Week of May 1, 2022

MEDIA HITS

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HARRY APPEARS ON DAN ABRAMS LIVE TO ANALYZE THE DRAFT OPINION TO OVERTURN ROE V. WADE

May 2, 2022

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HARRY JOINS MSNBC TO DISCUSS JUSTICE THOMAS’ COMMENTS ABOUT SCOTUS BEING ‘BULLIED’

May 7, 2022

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RAWSTORY: RUDY GIULANI WANTED ‘TRIAL BY COMBAT’ — BUT NOW HIS LEGAL BILLS ARE OVERWHELMING: LEGAL EXPERT

May 6, 2022

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RAW STORY: LEGAL EXPERT SLAMS CLARENCE THOMAS FOR COMPLAINING ABOUT BEING ‘BULLIED’

may 7, 2022

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TOP TWEETS THIS WEEK

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When Alito applied for a senior job at the DOJ in 1985, he wrote in his cover letter that as a “life-long registered Republican,” he was “particularly proud” to have worked on cases arguing “that the Constitution does not protect a right to an abortion.”

— Harry Litman (@harrylitman) May 6, 2022

I've posited that the triggering event for the leak of the Alito draft might have been the circulation of a draft dissent eviscerating Alito's reasoning. What might that have looked like?

— Harry Litman (@harrylitman) May 7, 2022

Harry's Hits: Week of April 24, 2022

MEDIA HITS

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HARRY APPEARS ON DAN ABRAMS LIVE TO DISCUSS POST-TRUMP IMMIGRATION POLICIES

April 26, 2022

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RICK HASEN WRITES ABOUT HIS APPEARANCE ON TALKING BOOKS

April 20, 2022

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TOP TWEETS THIS WEEK

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A really sinister counter explanation of Meadows’s being told that violence was likely is making the rounds. It’s that Secret Service was trying to get Pence to leave Capitol, at which point Grassley steps in, throws the election, and the coup succeeds.

— Harry Litman (@harrylitman) April 26, 2022

There have been occasional perjury prosecutions for false “I don’t recall” statements.Tough cases, and don’t hold your breath for one here;but bottom line is we now know that MTG almost certainly committed perjury when she said she didn’t recall asking Pres to impose martial law.

— Harry Litman (@harrylitman) April 26, 2022

From I Alone Can Fix it by @CarolLeonnig & @PhilipRucker: Pence's security adviser,Keith Kellogg, tells Tony Ornato,who oversees secret service detail: “You can’t [move the VP], Tony...He’s got a job to do. I know you guys too well. You’ll fly him to Alaska if you have a chance."

— Harry Litman (@harrylitman) April 27, 2022

McCarthy has now shot himself to the head of the class as the member who most needs to be subpoenaed by the committee. It’s complicated,but if they’re holding back out of concern at his vindictiveness & scandalmongering If he becomes Speaker, it’s fruitless: he’ll be rabid anyway

— Harry Litman (@harrylitman) April 28, 2022

Reading @RepRaskin ‘s “Unthinkable,” which beautifully braids together the personal and the political,and it notes his consternation at the leak of the discussion about calling Trump as a witness for impeachment II. Brings home that the leak of the Meadows emails this week doesnt

— Harry Litman (@harrylitman) May 1, 2022

At heart of issue is what exactly Pence was thinking when the Secret Service, 3 different times, tells Pence to leave Capitol and Pence, with unusual spine, says “I’m not getting in that car.”

— Harry Litman (@harrylitman) April 26, 2022

Apart from the evidence of rampant involvement, the Meadows emails display a CoS the exact opposite of what you want -- he's continually placating and sidestepping, going along w/ everyone. It was 100% his job to put all the nonsense down firmly, like squashing a cockroach.

— Harry Litman (@harrylitman) April 26, 2022

Madison Cawthorn won't let anyone outpace him for most criminal behavior by a Member of Congress. To his citation yesterday for carrying loaded gun through airport security, he adds new suspicions of an insider trading violation: https://t.co/JLbDdkeyWd

— Harry Litman (@harrylitman) April 27, 2022

Boom there it is! Oath Keepers heavy Brian Ulrich pleads to "obstruction of an official proceeding" and seditious conspiracy--the most serious charges DOJ has brought -- and agrees to cooperate with the Department's investigation.

— Harry Litman (@harrylitman) April 29, 2022

Jury takes 2 hours to convict Thomas Webster, former NYPD, of assaulting a DC, police officer with a metal flagpole during the 1/6 riot. Webster had argued self-defense.

— Harry Litman (@harrylitman) May 2, 2022

Harry's Hits: Week of April 17, 2022

MEDIA HITS

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LA TIMES: THE JAN. 6TH COMMITTEE SHOULD CALL TRUMP’S CRIME A CRIME

April 19, 2022

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HARRY JOINS STEPHANIE RUHLE ON THE 11TH HOUR TO DISCUSS THE RULINGS REGARDING MASK MANDATES ON PUBLIC TRANSPORTATION

April 18, 2022

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HARRY APPEARS ON ZERLINA. WITH ZERLINA MAXWELL TO BREAK DOWN THE RECORDINGS OF KEVIN MCCARTHY FOLLOWING THE INSURRECTION

April 22, 2022

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TOP TWEETS THIS WEEK

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Judge Mizelle's order striking down the mask mandate reads like an audition piece for Leonard Leo. She ignores the gov's dictionary for others, cites all the right judges, and invokes the "major questions" doctrine to bypass Chevron. But the part that is really hard to swallow

— Harry Litman (@harrylitman) April 19, 2022

John Eastman submits for judge's inspection -- the same judge who already held Trump more likely than not committed a crime -- 37,000 pages over which he is claiming attorney-client privilege. Good luck with that.

— Harry Litman (@harrylitman) April 19, 2022

Ruling in MTG case means there’s an administrative hearing on Friday at which she can, and the plan is that she will, be called to testify. She then needs to answer any relevant question – a very liberal standard —under penalty of perjury. Think of the possibilities.

— Harry Litman (@harrylitman) April 20, 2022

11th circuit is very conservative. If they vacate the stay, it will be quite a slap down for Judge Mizelle.

— Harry Litman (@harrylitman) April 20, 2022

Where are used to taking our politicians as a bit dishonest and more than a bit ambitious. But these reports of McCarthy and McConnell today are different in kind. They know to a certainty that the president is guilty of the most toxic and dangerous dereliction of duty

— Harry Litman (@harrylitman) April 21, 2022

Greene attorney objecting to everything, including admission of Greene's own tweets.

— Harry Litman (@harrylitman) April 22, 2022

is the nationwide injunction. She reasons that it would be impossible to extend the relief just to the plaintiffs. but why is that? It makes no sense. They can just carry around the mandate w/ them and go blissfully mask-less (though their fellow travelers wouldn't be thrilled)

— Harry Litman (@harrylitman) April 19, 2022

Fulton county DA gives interview and says grand jury in Raffensberger/Trump case will be seated May 2 and begin to hear testimony June 1. Nice to have a timeline, but puzzling that it’s so glacial.

— Harry Litman (@harrylitman) April 20, 2022

And hard to see any outlet for MTG to try to stop the hearing. She would need to show irreparable injury. Typically having to tell the truth under oath wouldn’t qualify, although in her case…

— Harry Litman (@harrylitman) April 20, 2022

The road not taken: McCarthy and McConnell were ready to tell Trump to resign after Jan 6 but chickened out. And speaking of Jan 6, lots happening, inc w/ Pence & Alex Jones. Looking forward to discussing on @DeadlineWH w/ @NicolleDWallace & her all star band at 4 PM ET.

— Harry Litman (@harrylitman) April 21, 2022

Marjorie Taylor Greene Hearing begins 9:30 AM eastern time Friday and will be live streamed on C-SPAN. Greene is expected to take the stand, and Ron Fein, who is the architect of the various 14th amendment section 3 lawsuits, says he’s loaded for bear. Could be high drama.

— Harry Litman (@harrylitman) April 22, 2022

Harry's Hits: Week of April 10, 2022

MEDIA HITS

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HARRY JOINS CNN NEWSROOM TO DISCUSS POSSIBILITY OF BANNING MARJORIE TAYLOR GREENE FROM CONGRESS

April 11, 2022

A federal judge is considering whether to keep Marjorie Taylor Greene off the ballot. @harrylitman breaks down the legal considerations and what to expect next. pic.twitter.com/U06BuVb96n

— CNN (@CNN) April 11, 2022

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RAWSTORY: ‘COPIOUS’ EVIDENCE OF TRUMP’S CRIMINALITY STILL MAY NOT FORCE MERRICK GARLAND TO ACT: FORMER PROSECUTOR

April 11, 2022

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NEWSY TONIGHT SPEAKS WITH HARRY ABOUT EVIDENCE TO REFER TRUMP FOR CRIMINAL CHARGES

April 12, 2022

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HARRY DISCUSSES CLARENCE THOMAS’ CONFLICT OF INTEREST ISSUES WITH STEPHANIE RUHLE ON MSNBC

April 1, 2022

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TOP TWEETS THIS WEEK

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Biden now discussing ghost guns. This is no political rhetoric. The facts are just that harrowing. A stunning loophole, leaving criminal conduct literally untraceable.

— Harry Litman (@harrylitman) April 11, 2022

He is in fact an indispensable figure, a general who puts himself on the front lines. With all the action in the states, and inaction in Congress, the country is damn lucky to have @marceelias on the ground. https://t.co/l1WjI5OS8j

— Harry Litman (@harrylitman) April 15, 2022

The reason we have a fed constitution is to prevent this sort of publicity stunt by Abbott,who is pretending he has power to police the border, harming his own state & US econ in the process. Per his AG: “The gov has figured out we can stop trade along the border, slow it down."

— Harry Litman (@harrylitman) April 15, 2022

That judgment is clearly beyond the power properly entrusted to any Attorney General, lonely or otherwise. The Rule of Law admits of only one answer. https://t.co/2r4YBTXOKr

— Laurence Tribe (@tribelaw) April 12, 2022

The new Meadows emails make clear that even relative GOP grownups like Lee and Roy got into the act, at least at first; and that they bailed when it was clear the White House didn't have the goods. Looking forward to discussing on @allinwithchris with @chrislhayes at 8 PM ET.

— Harry Litman (@harrylitman) April 15, 2022