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Teri Kanefield Profile picture
@Teri_Kanefield
May 29, 2018 • 10 tweets • 4 min read Twitter logo Read on Twitter
(Thread) Last week @MichaelAvenatti filed a new motion in the Stormy-Cohen-Trump defamation case. Here’s the document:
dropbox.com/s/8wpwiw8zq6l6… …
He's trying to depose Trump. Here's an explainer.
First, the background:
#StormyDaniels
1/ Oct. 2016: #MichaelCohen worked with Stormy’s lawyer #KeithDavidson to arrange for Stormy to sign a nondisclosure agreement (NDA)
[What’s that? See this thread: ]

Jan 2018: someone leaked the agreement to the WSJ. Stormy said it wasn't her.
2/ Cohen, using “intimidation and coercive tactics, forced [Stormy] to sign a false statement” denying she had an affair with Trump. [Quotations are from her complaint, here: dropbox.com/s/ocvnkwprbs7e… ]

Cohen then issued a public statement about the hush agreement, prompting. . .
3/ . . Trump supporters to unleash a torrent of “ridicule and threats” against Stormy—but she couldn’t defend herself because of the NDA.
So Stormy hired Avenatti and sued to be released from her NDA.
Cohen (stupidly) moved the case to federal court.
4/This gave giving the chance to amend her complaint, so she did: She sued Cohen for defamation. Trump then called Stormy a liar. So she sued Trump for defamation as well.
Last month, Cohen won a victory: he told the court he'd be pleading the 5th in his criminal SDNY case . . .
5/. . .and because of the overlap between the cases, Stormy's case had to be put on hold, or he'd be forced to incriminate himself in Stormy's case in violation of his 5th Amend. rights. He got a 3 month stay.
But Trump and his "lawyer" Giuliani continued making press statements.
6/They made statements like "the 130K payment was perfectly legal" and statements about how Trump reimbursed Cohen. (Oops. Trump wasn't supposed to know about any of it.)
So Avenatti's new motion argues that because Trump (obviously) knows everything, as per these statements...
7/ Avenatti can depose Trump instead of Cohen, and no need to keep the case on hold.
[Twitter Law 101: A deposition is when a party or witness to a lawsuit answers questions under oath as part of the pre-trial evidence-gathering process.]
If the judge grants Avenatti's motion,
8/. . . Avenatti would get to depose Trump.
Pause for a moment to imagine Avenatti deposing Trump ! ! !
Now we wait to see how the judge rules on Avenatti's motion.

Avenatti's motion shows the problem with Trump's "flood the zone" strategy: It's backfiring in the Stormy case.
9/ What do I mean by the "flood the zone" strategy? See this thread:

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More from @Teri_Kanefield

Teri Kanefield Profile picture
Oct 9, 2018
(Thread) Recap: Back to the 1920s

Let’s keep our current situation in perspective.

Two things are happening.

First, we're in the midsts of a slow-motion constitutional crisis prompted by Congress failing to act as a check on presidential power.
1/ As a result, we have a president with authoritarian impulses whose instincts are not being contained.

We also have a president who has lived a life of crime being shielded from criminal liability by Congress.
2/ Second, we have an administration doing everything it can to roll back the clock to the 1920s, before social security, before minimum wage, before the 40 hour work week, before rights for blacks and women.

washingtonsources.org/gop-quietly-se…
Read 12 tweets
Teri Kanefield Profile picture
Oct 8, 2018
(Thread) Can a sitting president be indicted?

Spoiler: Most likely yes—even with Kavanaugh’s vote.

But it’s not a game-changing issue.

(It's complicated—so a long thread)

Indictment means there's basis for a criminal charge;
Guilt is found at trial.
law.cornell.edu/wex/indictment
1/ The reason some of you are worried about whether a sitting president can be indicted is because you’re worried Trump will get away with his crimes, or be placed above the law.

The Constitution outlines a procedure for when a president is suspected of criminal behavior:
2/ The House investigates, and if there’s basis, impeaches the president. (Impeach is like indict) Impeachment requires a majority of the house.

Impeachment is followed by a Senate trial. If the Senators believe the president is guilty, they remove him from office with 2/3 vote.
Read 27 tweets
Teri Kanefield Profile picture
Oct 7, 2018
(Thread) Sunday recap.

Hi, everyone. I wrote 4 threads this week plus a Slate article.

INCUMI any, here they are:

#1: Trump and his lies:
#2: Why nobody is paying attention to the NYT Trump tax fraud story:
#3: How we can get through this and save liberal democracy:

Read 6 tweets
Teri Kanefield Profile picture
Oct 6, 2018
(Thread) Trump and his lies

[First 8 tweets are some notes from the Snyder Speaks series/ YouTube]

Fascism always begins with clearing the horizon of factuality.

The fascist clears away facts & starts with myth—usually the nation’s mythic past and future destiny of greatness.
1/ Trump naturally and gracefully inhabits a world of fiction.

When Trump had to grapple with reality, he never actually succeeded. He was a business failure.

He has, however, been successful when pretending to be something he isn’t.
2/ For example, he was good at pretending to be a successful business man.

He doesn’t understand the rules of reality. When he has to deal with reality, he fails.

But he understands the rules of fiction. He knows how to create a compelling story.
Read 15 tweets
Teri Kanefield Profile picture
Oct 5, 2018
(Thread)

Tony Schwartz wants to know why nobody is paying attention to the NYT Trump tax fraud story.


I can think of a few reasons🙋‍♀️🙋‍♀️🙋‍♀️

By now Trump’s critics know he was never a “successful businessman” and that he committed a boatload of crimes.
1/ What’s more important, the GOP doesn’t care.

[If any MAGA people pop in and say, “What crimes?” click here: russia-investigation-summary.com

The drafters of the Constitution considered the possibility that a president would be elected who was guilty of high crimes and misdemeanors.
2/ That’s why they included a remedy in the Constitution: Congress acts as a check on presidential power.

At the first sign of fraud or foreign influence, Congress SHOULD have stopped everything and conducted a meaningful investigation.
Read 14 tweets
Teri Kanefield Profile picture
Oct 4, 2018
(short thread) I'll give you a quick list of my top four recommendations for understanding what is happening right now.
First on the list: The Road to Unfreedom (Timothy Snyder)
The next three, in no particular order: How Democracies Die, How Fascism Works, Can It Happen Here?
1/ My top four recommendations 👇

Snyder's book is complex. He has a series of lectures on YouTube. If you spend a day or two and listen to his lectures, then read the book, it's easier.
You'll then have almost a graduate education in how Trump happened.
Snyder is brilliant.
2/ My favorite essay in the collection Can It Happen Here is this one 👇.

I did a thread on it. My thread are like cliff notes; or rather Teri's Notes. Better to read the original, but not everyone has the time.

Read 6 tweets

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