HARRY APPEARS ON ALEX WITT ON MSNBC TO ASSESS THE RISKS OF MAR-A-LAGO DOCUMENTS
AUGUST 28, 2022
Great being on @AlexWitt just now, tag-teaming with @harrylitman to point out that 1) the Executive Privilege claim is a dilatory tactic (as usual) and 2) completely nonsensical in the context of this case pic.twitter.com/TpVTqekRnE
HARRY DISCUSSES MAR-A-LAGO WITH NICOLLE WALLACE AND DEADLINE WHITE HOUSE
AUGUST 26, 2022
"[Trump's] now at Mar-a-Lago with a small circle of people, none of them by the way have security clearance... There's no one to counteract the voices and we've had some reports of some of them... telling him to do the worst kind of things" - @harrylitman w/ @NicolleDWallacepic.twitter.com/vuF3aBEDoN
The obstruction just keeps getting stronger and stronger. Several witnesses now saying trump went through boxes personally. That puts him 4-square in obstruction land. Moreover, looking more righteous--far from a picayune case, it captures his basic sin of thinking he is the gov
Once DOJ responds to Judge Cannon, and she hopefully understands there are no documents subject to executive privilege and at most a handful subject to atty-client, she should reverse ground on her initial indication of appointing a special master. Already a fine process in place
It's not his style, so you can't say he did it on purpose; but Merrick Garland has been like an Akido master or a matador to Trump's bull: while remaining passive and completely by the book, he and the DOJ have totally outmaneuvered Trump and now are seeing all his lies revealed
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.