HARRY APPEARS ON THE LINCOLN PROJECT TO DISCUSS THE MAR-A-LAGO RAID
AUGUST 9, 2022
The Mar-a-Lago raid changes everything. Just how big is this news? (hint: BIG) What happens next? Join @TaraSetmayer and @TheRickWilson with special guest fmr. U.S. Attorney @harrylitman on The Breakdown to find out. 🕗 SPECIAL TIME: Tonight at 8 PM ET. pic.twitter.com/8CGn0roBbD
FBI seizes cell phone of Pennsylvania congress member Scott Perry, who was the conduit that brought DOJ flunky and AG-wannabe Jeff Clark to Trump’s attention. Another possible treasure trove, inc-never forget his role—Mark Meadows.
They may Trump stay 4 hours and take the fifth to every question, so that they can use it as video at trial for every issue: having him say “I take the fifth” again and again, and therefore having the negative inference rammed home in front of the jury
Impossible to have “A standing order” that all materials you bring home area”deemed”I declassified. Such an order would have to be analyzed for legality by OLC and it would plainly fail
No surprise: after maneuvering and dodging, Trump takes fifth in New York AG inquiry with phony and improper statement about how it’s a witchhunt. Important point: it can be used against him because it’s a civil action.
11 sets of classified docs. some top secret. some compartmented. NEVER EVER supposed to be even looked at off site. he's up there w Edward Snowden, depending of course on what people think of him.
Among the most revolting details: the court redacted the names of the two agents who applied for the warrant. Trump released it with their names, and now they need federal protection against death threats and the like.
HARRY APPEARS ON AYMAN MSNBC TO DISCUSS DHS INSPECTOR GENERAL’S HANDLING OF THE INVESTIGATION INTO ERASED TEXTS RELATED TO THE JAN 6TH INSURRECTION
AUGUST 6, 2022
"Biden should fire him tomorrow," @harrylitman tells @samstein in discussing DHS Inspector General Joseph Cuffari's handling of the investigation into erased text messages related to the January 6th Capitol Insurrection. pic.twitter.com/I1C7naNNaT
HARRY JOINS MICHAEL COHEN ON THE MEA CULPA PODCAST
AUGUST 5, 2022
The @MeaCulpaPodcast welcomes back our good friend @harrylitman, former US Attorney and Deputy Assistant Attorney General, legal affairs columnist for the Los Angeles Times Opinion Page and professor of Constitutional Law at UCLA and UCSD. https://t.co/nImdnUBIyP
It seems unlikely that official after official at separate federal agencies just decided independently to erase text message in violation of federal law. IF J6C doesn't get to bottom of the possible coordination, DOJ has to.
Cipollone has a very serious decision to make, for the country and his own future. He was able to give J6C half measures knowing they couldn’t really push for more. That won’t fly with the DOJ. If he chooses to try to hide behind executive priv, it marks him as an obstructionist
It may not feel like it, but the subpoenas for Cipollone and Philbin pose no separation of powers issue or big constitutional showdown. It's the exec branch looking for info about poss crimes by executive branch personnel. In that setting, law is clear that they must give it up.
I think the jury stumbled onto the perfect maximum amount of punitive damages. Much more than the $45M and the trial court likely would reduce it. But this is w/in the legal range and given the testimony about his net worth, won't be easy for the court to reduce.
per @marceelias HUGE POINTt:the records provision they're investigating carries the penalty that someone convicted "shall forfeit his office and be disqualified from holding any office under the United States." So this could be the whole enchilada in terms of DOJ resolution.
Cipollone subpoena is the best and the obvious next move for DOJ, and again shows it seriousness. No one but possibly Meadows knows more about Trump’s criminal conduct, and he held back way more w/ J6C than his role as WHC required and law/facts permitted.
An important side benefit of Cipollones testimony if he gives it: he can absolutely bury Meadows. And that in turn would further serve the goal of a prosecution of Trump
Alex Jones is in deep deep doo-doo, and it couldn't happen to a nicer guy. He's looking at 3 sledgehammer blows in quick succession: 1) a gargantuan verdict against him for defaming the Sandy Hill plaintiffs;2) the immediate delivery of his texts to J6C; &3) a perjury prosecution
Jones told jury that an award $2 million would destroy him financially. But plaintiffs put on an economist who estimated his net worth at b/t $135M-$270M. Next stop: J6C, which will get the texts and may have a field day. And then likely perjury indictment. He might be toast
Garland at press conference today:"We have to hold accountable every person who is criminally responsible for trying to overturn a legitimate election.And we must do it in a way filled with integrity and professionalism -- Both of these are necessary in order to achieve justice."
HARRY JOINS MSNBC TO DISCUSS STEVE BANNON AND MARK MEADOWS’ JANUARY 6 TRIALS
JULY 17, 2022
TOP TWEETS THIS WEEK
Remember how Bannon swaggered when he was indicted and promised to make this the “misdemeanor from hell” for the DOJ. Now that he has to face the music imminently, he’s not looking so swashbuckling.
After Bannon is convicted at his trial that begins next week, there will be plenty of time for him to testify before the J6 committee, as apparently both he and Trump want him to do. And in the meantime, he can certainly turn over the documents.
Secret service now on record that none of the texts the OIG was seeking were lost in the migration. Better hope that’s accurate— Won’t be able to walk it back easily if it’s wrong.Looking forward to discussing on @AliciaOnMSNBC w/ guest host @KatiePhang & @MalcolmNance at 7 pm ET
Fulton County subpoenas require testimony on July 12 (tomorrow), so look for a flurry of objections and probably lousy arguments to be filed in the next day by the 7 witnesses, which include Graham, Giuliani, and Eastman.
The hearing is basically teaching us the culture of the alt-right that is foreign to us and in fact hard to believe. But it's deadly serious and the former president had the power -- in a sense it was his core power -- to call them into action.
why now you might say? Roger Stone and his wife have agreed to owing more than $2 million to the IRS to settle a suit alleging the associate of former President Donald Trump hid income from the U.S., they told a Florida federal court Friday
There's a certain satisfaction is seeing Bannon, who likes to pretend he's a swashbuckling pirate, reduced to a meek supplicant before the prospect of jail and the crucible of the Court. And there will be more as he tries to smuggle in BS defenses at trial. Ever thus w/ rogues.
HARRY APPEARS ON THE LAST WORD TO DISCUSS CIPOLLONE’S JAN. 6 COMMITTEE TESTIMONY
JULY 8 2022
TOP TWEETS THIS WEEK
You can be sure that before Cipillone agreed to the videotaped depo, he broadly consulted other Washington establishment R types, inc Barr, who told him that especially after the Hutchinson testimony, he needed to make a better effort at cooperation.
Count me as a skeptic that Steve Bannon will testify to the J6C. He'll insist on ground rules that they'd be crazy to permit, and they're not crazy. And of course it's a ploy from his standpoint to help him in his trial, scheduled to being in a week.
Judging from her staunch defense of Hutchinson against the phony-baloney critiques, and her having resigned the evening of January 6, former deputy press secretary Sarah Matthews likely to be a very strong witness against Trump next week.
Secret Svc says the agent in the car when Trump supposedly lurched for the wheel will talk to the committee. Hutchinson atty says rightly it should be under oath.But the real person who sh testify is Ornato, who made the statement. Prediction: he’s an arch-loyalist and won’t show
According to prosecutors, Stewart Rhodes, lead Oath Keeper charged w/ seditious conspiracy, is having his legal bills paid from a fund run and furnished by ...............Sidney Powell.
And one more critical detail of Hutchinson’s testimony that shouldn’t be lost in the cannon blasts: Meadows planned to go to the war room January 5. Tangible indication of connection to the Flynn Stone axis that is a possible bridge conspiracy between terrorists and White House.
The dispute about whether Trump grabbed the wheel or not is a side show. In any event it does nothing to undermine Hutchinson‘s credibility. The person who needs to testify about it is the man she sent me the statement, Ornato. And he should be testifying anyway after yesterday.
A small but important detail that shouldn’t get lost in the tsunami of revelations. Cipollone has to go to Hutchinson to plead with her to tell Meadows not to let Trump to the capital because Meadow’s not responding to him.
A few points on the potential witness tampering charge against Meadows: 1) it is not a small matter; DOJ in particular takes it very seriously and it fires them up; 2) it is in fact the same statute -- §1512--as the potential lead charge of delaying the Jan 6 hearing;
After what she achieved this week, and has come to represent, Liz. Cheney’s treatment at the hands of Kevin McCarthy is truly scandalous. It would be sweet justice if the J6 committees work winds up exposing McCarthys derelictions and keeping him from becoming speaker.
HARRY APPEARS ON MSNBC TO DISCUSS THE COMMITTEE ASKING GINNI THOMAS TO TESTIFY
JUNE 18, 2022
HARRY JOINS NICOLLE WALLACE ON DEADLINE WHITE HOUSE TO DISCUSS A JUDGE DENYING AN ATTEMPT BY FOX CORPORATION TO DISMISS A $1.6 BILLION DEFAMATION LAWSUIT FROM DOMINION
JUNE 22, 2022
RAWSTORY: TRUMP ACCUSED OF ‘REVVING’ UP THE JAN 6TH CROWD INTO A ‘MURDEROUS RAGE’ BY FORMER DOJ OFFICIAL
How will the Court, highly solicitous of free exercise rights, handle this one? Fla synagogue challenges abortion law, which lacks excep for rape and incest, as viol’nof Jewish law, which requires abortion “if necc to woman’s to protect the health, mental or physical well-being”
Hearing starts tomorrow at 1 PM ET. Supreme court issues opinions at 10 AM. If it issues one of the big remaining ones-& the odds grow stronger with each passing issuance day-the committee will hope that the first wave of news will have passed. In any event, fasten your seatbelts
A large part of this hearing was just illustrating the general thuggery of the Trump criminal syndicate. Lying, tough-talking, knee-breaking, sociopathic jerks. Back to @juliettekayyem : he is a loser with a capital L.
If you haven't been in the DOJ, might be hard to imagine how outrageous it is that Clark went to the White House on 12/22/20, with Scott Perry, without notifying the AG and DAG. It is an instant firing offense. It is completely beyond the pale.
You can bet there is serious freaking out w/in the ranks of Republican Congressmen, who have been conspicuously silent these last few weeks, in particular whoever among them broached the idea of getting a pardon.
Jeff Clark and John Eastman have this week become very dangerous figures for Mark Meadows and Donald Trump. They have the information and the motivation: Trump played them both for ambitious stooges.
Harsh but irrefutable words from the dissent that go straight to core: decision "based on nothing more than the new views of new judges.The majority has overruled Roe & Casey for 1 and only 1 reason: because it has always despised them, and now it has the votes to discard them."
Justices Kavanaugh and Alito might try to reassure us that other rights are not on the chopping block and Justice Thomas might Insist they are. But it’s not really up to them. The trigger will be state legislatures that pass draconian laws that harm people who then sue.
Hearing starts tomorrow at 1 PM ET. Supreme court issues opinions at 10 AM. If it issues one of the big remaining ones-& the odds grow stronger with each passing issuance day-the committee will hope that the first wave of news will have passed. In any event, fasten your seatbelts
Breyer: “Court has never previously held what the Court holds today, namely, that a State must (not may) use state funds to pay for religious education as part of a tuition program designed to ensure the provision of free statewide public education."
Pence got high marks for eventually not violating the Constitution but he prevaricated all along and since has been mealy. Compare this guy-Bowers-just straightforward strong, I took an oath to the Constitution, full stop.
Lawdy lawdy there are notes- of Trump's talk with Donoghue. including "just say the election was corrupt and leave the rest to me and the Republican congressmen." Donoghue: this is an exact quote.
The meeting in the first place w/ Clark and Perry with Trump was a rank violation of clear DOJ policy. In every way, Clark was sneaking around and increasingly emboldened by Trump's support and the heady prospect of being named the AG.
WTF? Jeff Clark went on Fox/Tucker Carlson today. That is a textbook inane move for someone who just had a search warrant served on him. And who has been taking the 5th. He calls service of search warrant"Stasi like." A self-respecting attorney would resign the representation.
If Manchin and Collins are genuinely surprised and irate, there's an easy fix: suspend filibuster, enlarge court, add 4 justices, overrule Dobbs. It would blow up Court, and I'm not saying I'm for it; but OTOH the Court is now positioned to be a regressive force for a generation.
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/ @NicolleDWallacepic.twitter.com/yNg6IfwS7q
HARRY APPEARS ON CBS’S RED AND BLUE TO DISCUSS WHETHER THE JAN 6 HEARINGS COULD PROMPT THE DOJ TO LAUNCH A CRIMINAL INVESTIGATION INTO TRUMP
JUNE 14, 2022
TOP TWEETS THIS WEEK
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.
Listen to Trump's tone, just dripping with arrogance: "we were getting ready to win this election. Frankly we did win this election." This should be played on a loop at the Trump library. He's a classic sneering two-bit criminal, just doubling and redoubling down on a total lie
Seeing Rudy, Sidney Powell, Jenna Ellis a second time around looking into the camera and spouting lie after brazen lie, with the impact of tearing this country apart, is infuriating.
Barr: Trump was generally "the weak element on the PA ballot." got to be killing Trump to hear that in particular. Barr is deftly and repeatedly twisting the knife.
Interesting that the Republican rotten peanut gallery – McCarthy, Jordan et al– have been basically silent this last week. It’s not out of goodwill or courtesy. Presumably they’ve concluded they would look like idiots trying to rebut the tidal wave of evidence. Thank you, J6C!
Wow--new reporting makes clear how close we came to a coup-by-law (ie DOJ). But for threat of mass resignations by honorable public officials, all might have been lost. Looking forward to discussing on @DeadlineWH w/ @NicolleDWallace + @woodruffbets & @nickconfessore at 4 PM ET.
There’s a lot of maneuvering going on involving the DOJ/Jeff Clark hearing, which was supposed to be tomorrow. I’m thinking we’re going to learn that the postponement is not just a matter of more time for tired aides to put the slides together.
End of the road for Trump -- and Ivanka and Jr -- trying to evade the deposition in NY AG James's civil action. The highest court in NY turned down his appeal. Absent a ridiculous & quickly denied cert pen to Sup Ct, look for him to have to raise his right hand in a month or so
Wow. Details of Loudermilk tour far more sinister than he has admitted. Here is video from Committee combining tour on Jan 5-you can see the guy taking pictures of unusual places—and then in rally next day saying they are coming to get Pelosi Schumer etc https://t.co/nXUQiaKVXq
Eastman clerked for Luttig. Luttig is much revered and was perhaps the single most prominent conservative judge on the court of appeals. Eastman is a pipsqueak and rogue. Today is going to be like Luttig taking down Eastman’s pants and spanking him in front of the whole country.
Imagine Luttig saying these things about a former clerk of his. Just a complete disgrace & public shellacking. Either Eastman a blithering idiot--he'd probably prefer that--or a rank criminal willing to pur a coup. He is 100% forever toast now; Q is just can he avoid jail.
Not clear if you could convict him of attempted murder of the Vice President but not clear you couldn't. This has to be the darkest moment in Presidential history.
Lots of Trump lawyers have had lots of bad days -- Giuliani license suspended, Powell under DOJ investigation for fraud, Ellis totally unmasked -- and hopefully there will be more to come. But I don't think any Trump lawyer has had as bad a day as John Eastman had today.
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.
Love this former Fox News guy -- he's so jazzed and enthusiastic about the technical details of making the call, beating the competition, having the right model. Lofgren: what were Trump's chances after losing Arizona (which Fox called first)? A: None.
Barr: When Trump tell him about the Dominion machine "I became demoralized because I thought if he really believes this stuff he's lost touch with reality." The Attorney General of the United States concludes that the President of the United States has lost touch with reality.
Here you go: normally no litigation would occur past 12/14, but they continued to do it b/c they were able to raise millions of dollars from it. b/t Election Day and jan 6, campaign sent up to 20 emails/day to supporters. soliciting to a non-existent fund. Raised $250 million!
And another rage inducing revelation is the bombardment of supporters to cough up an other $20 for an "election fund" that he never even used for the election. He is just a grifter, and no grift too big or too small.
Wow -- no wonder Clark took the 5th. Next hearing should be wild. "As Rosen and Donoghue listened, Clark told Trump that he would send the letter if the president named him attorney general.
The fundraising fraud revealed by the Committee on Monday--soliciting $250 M in donations for a non-existent election fund--is very similar to the conduct for which Steve Bannon was indicted (fraud for his "We Build the Wall" scam) and for which Sidney Powell now under DOJ inves.
Bannon, scheduled to go to trial July 18 on contempt charges, in court today seeking to dismiss them, w/ lousy & rejected arguments: 1) Cong lacks authority; 2) Trump told him to assert privilege; and 3) DOJ internal policies preclude the charges. Look for trial to stay on track
Forget her marriage. The drip drip drip of involvement of Ginny Thomas continues, and she is now looking more and more like a full fledged potential co-conspirator of her own accord. Committee now has correspondence between her and John Eastman.
Luttig seems almost pained to have to give such a simple and fundamental civics lesson. If Trump had prevailed, it would have been a revolution and the first constitutional crisis since the founding of the Republic.
Luttig and Short both talk slow and in lawyer-speak. But that's sort of the point here. They are representing the rule of reason and sobriety, of law in a word; compare the frothing wild-eyed ravings of Giuliani and Eastman at the rally.
This scheme, among the 7, may seem a little dry and lawyerly to many -- although there is pretty high drama and dastardliness in Trump's many-pronged pressure campaign--but for lawyers this is maybe the most breathtaking and offensive, b/c it's a straight up constitutional coup
As was clear to everyone, Judge Luttig is a serious man not given to hyperbole. So just so Luttig's tag line is not missed: “Donald Trump and his allies and supporters are a clear and present danger to American democracy. “That’s not because of what happened on Jan. 6,...”