Harry's Hits: Week of October 9, 2022

MEDIA HITS

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HARRY SAYS HE BELIEVES TRUMP WILL BE INDICTED ON MSNBC

October 11, 2022

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HARRY SPEAKS ON ORNATO’S CREDIBILITY AND TRUMP’S KNOWLEDGE IN CONNECTION WITH JAN. 6 VIOLENCE ON DEADLINE WHITE HOUSE

October 12, 2022

"This isn't about Hutchinson vs. Ornato, Ornato's credibility is in tatters... but there's essentially no doubt... that of course Trump wanted to go to the Ellipse and... he spurred on the violence, he watched as the violence proliferated" - @harrylitman w/ @NicolleDWallace pic.twitter.com/mAF33XUeVo

— Deadline White House (@DeadlineWH) October 12, 2022

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TOP TWEETS THIS WEEK

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District court holds the Trump must sit for deposition next week in the Jean Carroll case. Her lawyers are no doubt preparing the testimony from hell for him, all under penalty of perjury. He’s in quite a corner. Will he suddenly try to settle?

— Harry Litman (@harrylitman) October 12, 2022

New evidence from Secret Service shows they received substantial intel of risk of violence at Capitol on 1/6

— Harry Litman (@harrylitman) October 13, 2022

DOJ has now filed its brief in the 11th Circuit appealing Judge Cannon's order. (It previously appealed from the stay, and the 11th Cir reversed the stay and the Sup Ct yesterday denied review.). It's very strong. Highlights: 1) Cannon shouldn't have exercised jurisdiction

— Harry Litman (@harrylitman) October 14, 2022

The judge in Jean Carroll’s case against Trump for defamation—growing out of his churlish denial that he raped her in the 1990s—has ordered him to sit for a deposition Wednesday. What are his options?

— Harry Litman (@harrylitman) October 16, 2022

Jury awards plaintiffs --Sandy Hook victims whom Alex Jones defamed--against of nearly 1 BILLION $. He will try to duck it for the rest of his life but he is basically ruined, and couldn't happen to a nicer guy.

— Harry Litman (@harrylitman) October 12, 2022

on a side note, I found it impressive how Pelosi totally kept her cool in talking w/ AG and everyone else. maybe more than any actor in the melodrama, she had no panic, no screaming, no outrage. just cool as a cucumber and focus on getting the job done.

— Harry Litman (@harrylitman) October 13, 2022

Is there nobody with any ability whatsoever to edit Trump’s statements before they go out? His screed in response to the subpoena today reads like the transcript of confused and tortured ramblings of a mental patient wandering the streets.

— Harry Litman (@harrylitman) October 14, 2022

Harry's Hits: Week of October 2, 2022

MEDIA HITS

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HARRY JOINS ANDREA MITCHELL TO DISCUSS THE IMPLICATIONS OF A SINKING PUBLIC APPROVAL OF THE SUPREME COURT

October 3, 2022

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HARRY APPEARS ON NBC NEW TO DISCUSS THE JAN. 6 COMMITTEE PUBLIC HEARING THAT WAS RESCHEDULED DUE TO HURRICANE IAN

October 3, 2022

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HARRY JOINS CBS EVENING NEWS TO EVALUATE THE FBI REFERRING EVIDENCE FROM HUNTER BIDEN PROBE TO PROSECUTORS

October 6, 2022

The FBI has gathered what it believes is evidence to charge Pres. Biden’s son Hunter with crimes related to his taxes and a gun purchase. The FBI sent the information to the U.S. attorney’s office in Delaware, while an attorney for Hunter Biden has hit back at the allegations. pic.twitter.com/RAkz5hoFDO

— CBS Evening News (@CBSEveningNews) October 6, 2022

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Harry's Hits: Week of September 25, 2022

TOP TWEETS THIS WEEK

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The seditious conspiracy trial that starts today is problematic for Trump, because the expected defense of Rhodes et al is that they believed Trump was going to invoke Insurrection Act and they were showing up as loyal citizens.

— Harry Litman (@harrylitman) September 27, 2022

To clarify, Trumps reckoning day with Dearie is next Friday b/c moved from this Friday b/c of the delay in finding a vendor, none of whom would agree to work with Trump. That’s the put up or shut up day on executive privilege and possibly on whole Cannon misadventure.

— Harry Litman (@harrylitman) September 28, 2022

The one credible lawyer that Trump has hired in years, Chris Kise, paying $3M up front, now has been demoted and is no longer leading the MAL defense. Must be Trump's payback for the fix he's now in w/ Judge Dearie. He thinks he's Goldfinger/Dr.No but he's really Austin Powers.

— Harry Litman (@harrylitman) September 27, 2022

DOJ appeals Cannon's order on the merits, and proposes expedited schedule. Also adds new argument - that needs there rest of the 11,000+ docs to ascertain what happened to the classified ones. If they win, it's Goodnight, Aileen...

— Harry Litman (@harrylitman) October 1, 2022

Harry's Hits: Week of September 18, 2022

MEDIA HITS

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HARRY JOINS NICOLLE WALLACE ON DEADLINE WHITE HOUSE TO DISCUSS MOVING FORWARD AFTER APPEALS COURT ALLOWS DOJ TO RESUME REVIEW OF DOCUMENTS

September 22, 2022

"[DOJ] can go forward now and do what they want both to assess intelligence damage and to pursue their investigation... Even if this separate event of the special master goes on and on... they could still indict him tomorrow" - @harrylitman w/ @NicolleDWallace pic.twitter.com/PpWAaqjLJs

— Deadline White House (@DeadlineWH) September 22, 2022

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TOP TWEETS THIS WEEK

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The wheels of justice grind slowly; but Trump is now on a short collision course w/ his lies about declassification, which he re-upped with Hugh Hewitt a few days ago. None of his lawyers will stand behind it and he won’t sign a declaration. Look for him to fold awkwardly.

— Harry Litman (@harrylitman) September 20, 2022

Team Trump now licking their wounds. Dearie seems poised to just say the 100 docs are classified, maybe w/o even looking at them, since they're so marked and Trump team gave zero evidence..

— Harry Litman (@harrylitman) September 20, 2022

Specific involvements detailed on the part of the kids, especially Ivanka. Would be a body blow to her financial and political ambitions.

— Harry Litman (@harrylitman) September 21, 2022

Boom there it is: "For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the 100 documents with classification markings. Classified documents are marked to show they are classified, for instance, with their classification level."

— Harry Litman (@harrylitman) September 21, 2022

Interesting that the opinion--unanimous by 2 trump judges and 1 Obama judge -- is a "per curiam" ie signed by all 3 w/o identifying 1 lead author. shows they're really together on this and speaking as one voice

— Harry Litman (@harrylitman) September 22, 2022

Overall highlight of hearing: Dearie common sense. Specific highlight of hearing: Dearie rejects Trump idea that have to delay asserting whether classified. Gov has made preliminary showing, Trump must rebut or "that's it."

— Harry Litman (@harrylitman) September 20, 2022

Trump tried to settle, and she rebuffed him. She really holds all the cards at this point. Trumps can't go to trial. They will need to appeal to her sense of tempered justice...

— Harry Litman (@harrylitman) September 21, 2022

11th cir grants partial stay. Has trump had a worst legal day ever?

— Harry Litman (@harrylitman) September 21, 2022

Cannon's conclusion is literally something the court of appeals "can not discern the reason for." That's a pretty strong rebuke.

— Harry Litman (@harrylitman) September 21, 2022

Cannon reinstates her order with an amendment based on the 11th circuit reversal. DOJ indicated they could live with that before, but it’s far from ideal. They can still bring an appeal on the merits now that they have the most important part taken care of.

— Harry Litman (@harrylitman) September 22, 2022

Harry's Hits: Week of September 11, 2022

HARRY APPEARS ON DEADLINE WHITE HOUSE TO DISCUSS ORNATO IN CASSIDY HUTCHINSON’S STORY

September 14, 2022

"Who's the source of the story that Cassidy Hutchinson told? Ornato. He actually was the one who she reports said these things and that he now backs away from them, means they really have to interview him" - @harrylitman w/ @NicolleDWallace pic.twitter.com/uDfUJxBCA0

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

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HARRY DISCUSSES DESANTIS SENDING MIGRANTS TO NEW YORK AND WASHINGTON TO PROTEST BORDER CONCERNS

September 15, 2022

"They ought to bring a civil action to enjoin DeSantis and enjoin anyone else from messing with what is a quintessential... tough problem... This is a quintessential problem for the federal government" - @harrylitmanw/ @NicolleDWallace pic.twitter.com/VdqDY27jnS

— Deadline White House (@DeadlineWH) September 15, 2022

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TOP TWEETS THIS WEEK

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Opinion based on an extraordinary and incoherent proposition: that government docs classified and so marked by Gov may not be classified

— Harry Litman (@harrylitman) September 15, 2022

I mean really how can you rebut this one?
“Despite multiple opportunities, Plaintiff [never said he declassified]—much less supported such a representation w/ competent evidence. The court erred in granting extraordinary relief based on unsubstantiated possibilities.”

— Harry Litman (@harrylitman) September 17, 2022

Cannon opinion is a lot of things—mostly bad—but one thing it really is is unjudicious.

— Harry Litman (@harrylitman) September 16, 2022

Harry's Hits: Week of September 5, 2022

MEDIA HITS

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HARRY DISCUSSES MAR-A-LAGO DOCUMENTS ON CBS EVENING NEWS

September 5, 2022

A federal judge decided Monday to authorize a special master to review the documents seized during the FBI search of fmr. Pres. Trump's home last month.
@CostaReports reports on this latest turn in the probe: pic.twitter.com/l1BeaTiZd3

— CBS Evening News (@CBSEveningNews) September 5, 2022

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HARRY JOINS NICOLLE WALLACE ON DEADLINE WHITE HOUSE TO DISCUSS TRUMP’S TAKING OF CONFIDENTIAL DOCUMENTS

SEPTEMBER 7, 2022

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LA TIMES COLUMN: THE SPECIAL MASTER ORDER FOR TRUMP’S MAR-A-LAGO DOCUMENTS IS PERVERSE AND POTENTIALLY DISASTROUS

September 7, 2022

"It was already outrageous and alarming that he took them in the first place. We've now moved up and up and up five alarms... We are talking about the crown jewels, we are talking about info that could have existential stakes" - @harrylitman w/ @NicolleDWallace pic.twitter.com/RNQF0GzT39

— Deadline White House (@DeadlineWH) September 7, 2022

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DEADLINE WHITE HOUSE ASKS HARRY MORE ABOUT WHITE HOUSE DOCUMENTS IN MAR-A-LAGO CASE

September 9, 2022

I'm 0 for 1 handicapping Judge Cannon, but here I go again. Thanks very much as always @NicolleDWallace for having me in the discussion, esp w/ @CarolLeonnig & @SykesCharlie. https://t.co/i4vNWGS14Q

— Harry Litman (@harrylitman) September 9, 2022

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TOP TWEETS THIS WEEK

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Cannon's opinion acknowledges that Rule 41 is reserved for exceptional circumstances and must be exercised w/ caution and restraint. Then she storms ahead like a bull in a china shop b/c it's possible that Trump may turn out to have some undefined interest down the line.

— Harry Litman (@harrylitman) September 5, 2022

Just to be clear, this is not a controversial statement: Judge Cannon has ruled that the attorney general of the United States may not look at lawfully seized fruits (nobody says otherwise) of a criminal investigation. That itself is a breathtaking overreach.

— Harry Litman (@harrylitman) September 6, 2022

New York DA indictment against Steve Bannon for essentially the same conduct – fraud in the bogus build the wall charity – the trump pardoned him on the federal side. He is due to surrender to New York authorities on Thursday. The law marches on.

— Harry Litman (@harrylitman) September 7, 2022

The DOJ filing is devastating on several of the errors in Cannon's opinion. It will tie both the judge and Trump in knots. Here are a few of the highlights.
1. She held that there could potentially be some interest for Trump in executive privilege materials.That was far-fetched

— Harry Litman (@harrylitman) September 8, 2022

They have told her that she is currently harming the national security. That must burn her, but she also must realize they’re probably right and she’s in no position to rebut it. And it’s another way of showing her complete misunderstanding of the separation of powers.

— Harry Litman (@harrylitman) September 9, 2022

Cannon gives Trump until Monday at 10 AM to file a response. She has to be hoping that he agrees to the partial stay to get her out of the mess she created. But it’s not in his DNA. But If he goes the “I declassified“ route, a cascade of troubles follow.

— Harry Litman (@harrylitman) September 9, 2022

I see the argument for not risking an even worse 11th circuit appeal but on top of everything else, her opinion casts a huge shadow over the prosecution itself because it implies he has some right to the documents. That has to be beaten back.

— Harry Litman (@harrylitman) September 5, 2022

I don’t believe that I’ve ever seen a court reject a proposed amicus brief, especially from eminent amici like the Former GOP prosecutors Cannon just refused to hear from. That’s now several bizarre & non-judicial moves, starting w/ her first announcement of intent to grant SM.

— Harry Litman (@harrylitman) September 6, 2022

Motion for stay should flush Trump out. Will he actually try to assert possessory interest in any of the classified documents? And after the public lambasting she’s taken, which she actually try to hold in his favor?

— Harry Litman (@harrylitman) September 8, 2022

This is not the sort of case that any young judge, however conservative, wants to be known by for all her career. And the DOJ is giving her a relatively face-saving out. It would be blunder on top of blunder if she doesn’t take advantage of it.

— Harry Litman (@harrylitman) September 9, 2022

Love how Trump and his lawyers have to be sweating it now. He can’t tell, or his lawyers can’t advance, his normal Orwellian whoppers, because there are serious consequences for lying in court. That fact has been as big a backstop for truth as anything in the last six years.

— Harry Litman (@harrylitman) September 9, 2022

Real headline of the filing: Trump isn’t making it easy for Cannon. She’s going to have to rule on the merits of the DOJ stay motion.

— Harry Litman (@harrylitman) September 10, 2022

Harry's Hits: Week of August 29, 2022

MEDIA HITS

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HARRY DISCUSSES REVIEW OF MAR-A-LAGO DOCS ON DEADLINE WHITE HOUSE WITH NICOLLE WALLACE

AUGUST 29, 2022

"It is all redacted but I think we have a pretty good sense of the conduct and the issue will be can they tag Trump himself with it, but given the people around and... several witnesses discussing this, I think the odds are pretty good" - @harrylitman w/ @NicolleDWallace pic.twitter.com/cUoVrtzwtO

— Deadline White House (@DeadlineWH) August 29, 2022

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HARRY APPEARS ON DEADLINE WHITE HOUSE TO DISCUSS REDACTED WHOTO OF RECOVERED DOCS IN DOJ FILING

AUGUST 31, 2022

"It really is horrifying to think about just what might have happened already, even if we assume that finally after a threat to tell Congress and a subpoena and a search, we now have all the documents" - @harrylitman w/ @NicolleDWallace pic.twitter.com/CNIsThKi6K

— Deadline White House (@DeadlineWH) August 31, 2022

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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/ @NicolleDWallace pic.twitter.com/vuF3aBEDoN

— Deadline White House (@DeadlineWH) August 26, 2022

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HARRY BREAKS DOWN CLASSIFIED DOCS IN MAR-A-LAGO SEARCH ON DEADLINE WHITE HOUSE

AUGUST 29, 2022

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HARRY SPEAKS WITH ANDREA MITCHELL ON TRUMP’S LATEST CLAIM OF EXECUTIVE PRIVILEGE

September 1, 2022

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TOP TWEETS THIS WEEK

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The first, and killer, argument that says it all. Trump has no standing -- legal entitlement -- to bring the motion in the first place, b/c he has no possessory interest in the docs. They belong in the Archives.

— Harry Litman (@harrylitman) August 31, 2022

Quick primer on law of evidence: if he's indicted, every word he is saying now, every crazy eruption eg it was the FBI that strew the documents, will be heard by the jury, wh or not he testifies.Will be overwhelming attack on his credibility & proof of his consciousness of guilt.

— Harry Litman (@harrylitman) August 31, 2022

Mr Cipollone, When you told the president that what he was contemplating was unlawful, what was his response?

— Harry Litman (@harrylitman) September 3, 2022

DOJ filing at 30,000 feet:
1. Facts (11 pages): Trump's assertion he cooperated is a joke; in fact he delayed access repeatedly.
2. Law: (20 pages): first principles: THESE ARE NOT HIS RECORDS. He has no legal entitlement to challenge anything.

— Harry Litman (@harrylitman) August 31, 2022

Judge Cannon forbidding any wi-fi or tweeting during hearing, so no news until over. Unusual, and possibly thin-skinned.

— Harry Litman (@harrylitman) September 1, 2022

If this holds up, it's going to require the minting of a whole new area of law for the scope and boundaries of a former Pres's executive priv interests. How the hell is a Special Master supposed to call balls and strikes? This could be huge delays. I think DOJ needs to appeal.

— Harry Litman (@harrylitman) September 5, 2022

Harry's Hits: Week of August 22, 2022

MEDIA HITS

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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

— Asha Rangappa (@AshaRangappa_) August 28, 2022

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HARRY DISCUSSES FBI MAR-A-LAGO SEARCH ON CBS NEWS

AUGUST 11, 2022

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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/ @NicolleDWallace pic.twitter.com/vuF3aBEDoN

— Deadline White House (@DeadlineWH) August 26, 2022

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TOP TWEETS THIS WEEK

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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

— Harry Litman (@harrylitman) August 23, 2022

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

— Harry Litman (@harrylitman) August 27, 2022

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 Litman (@harrylitman) August 26, 2022