Elizabeth de la Vega Profile picture
Sep 2, 2017 17 tweets 3 min read Twitter logo Read on Twitter
The reason threads like @SollenbergerRC ’s are so useful is that alleging a narrative based on known facts is what fed'l prosecutors do. 1/
What Feds DON'T do is try to throw as many crimes as they can into an indictment. Instead, the approach is “Whole Concept.” Why? 2/
Best indictments create a persuasive narrative thru juxtaposed facts. Also, fed’l sentences are based on conduct charged, not penalties. 3/
This is one reason why Pence would NOT be charged with Misprision of Felony based on his lies about Comey's firing. Here is the other 4/
Pence would not be charged for Misprision for lying about Comey's firing, because misprision only applies to crimes that are OVER. 5/
As @SollenbergerRC's thread shows, the White House Conspiracy to Obstruct Congressional & Grand Jury proceedings is still ONGOING 6/
All knowing participants,Trump, VP, Priebus, Kushner, McGahn, could be charged in this conspiracy if GJ finds probable cause 7/
In complex indictments, Feds allege a narrative w/introduction, background & identification of parties. Then turn to charges (counts).8/
First one is usually overall conspiracy. Conspiracy to obstruct justice is usually not one act, but many, so time frame could be months 9/
E.G., A conspiracy to obstruct justice v. Trump, Pence, Kushner etc could begin, “From no later than Jan. 23, 2017 to indictment date" 10/
Then an indictment would allege “overt acts” by conspirators spanning time period. Acts can be innocent, non-innocent, or ambiguous. 11/
An overt act cd be e.g. “On or about Jan. 27, 2017 DJT called FBI Director Comey to a private dinner & told him ‘he needed loyalty.’” 12/
Another overt act might be: “On or about May 10, 2017, VP publicly stated that DJT had fired Comey on Rosenstein’s recommendation.” 13/
Not all conspirators have to commit an overt act. Defendants can join after conspiracy starts & needn't know what everyone else is doing.14
No express agreement is needed for a conspiracy; they're proved by circumstantial evidence. Juries are told to use common sense when 15/
when evaluating facts in light of law. We all need to do that. It really helps when writers like Roger put the facts together so well. 16/
BTW, don’t worry about coming up w/all kinds of statutes. #SC & team know exactly how to do this. They’re thinking "Whole Concept." End.

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More from @Delavegalaw

Aug 30, 2018
FOLKS: Trump et al's pardon dangling is not just an impeachment issue for him. It's a criminal issue. Nixon was an unindicted coconspirator in U.S. v. Mitchell, where pardon dangling was alleged in Count I as a means conspirators used to obstruct justice & defraud the U.S. 1/
Ct I of U.S. v. Mitchell, the Watergate indictment in which Nixon was an unindicted coconspirator, charged a conspiracy to obstruct justice, defraud the U.S. and make false statements. Among the means conspirators used to execute the conspiracy, the indictment alleged, was: 2/
Par. 17(f): "The conspirators would make and cause to be made offers of leniency, executive, clemency, and other benefits to E. Howard Hunt, Jr, G. Gordon Liddy, James W. McCord and Jeb S. Magruder." These were all dangles, enticements to keep people quiet. On the tapes, Nixon 3/
Read 4 tweets
Aug 9, 2018
Yes. DJT is famously unmoved by advice. If he'd wanted to do this interview, he'd have done it. Trump/attys want it to seem this tension exists. Trump/attys want it to seem he's not doing the the interview because Mueller wouldn't meet Trump's "reasonable" demands. Both false PR.
Why do I keep objecting to claims that Trump "wants to do the interview?" Because Rudy is right to think that what the public thinks about the Mueller investigation, and Trump's "cooperation," (or lack thereof), matters. It matters a lot - not to Mueller, but to the ultimate 1/
outcome of this unprecedented morass of presidential criminality. Yet, the media for some reason (friendship with those who "report" it?) keep parroting this claim uncritically, so much so that it's taken hold. It is an assumed fact in much public discourse even tho it is, at 2/
Read 4 tweets
Aug 5, 2018
How Paul Manafort Took Over the Trump Campaign nymag.com/daily/intellig… via @intelligencer
"The shift of power from Lewandowski to Manafort began from the moment the latter arrived on the scene, in late March. Manafort exudes authority, even down to the way he calls the candidate “Donald”...Manafort also developed a bond with the Trump family." 1/
April 19, 2016: “ 'He’s calling Manafort like 20 times a day,'” one person close to the campaign says."
Read 6 tweets
Jul 15, 2018
FOLKS: In legal effect, Trump's "Russia, if you're listening" invite was no different than saying,"El Chapo, if you're listening, please deliver 8 tons of cocaine to Mar A Lago." 1/
As Mueller's RU GRU indictment demonstrates - to any clueless person who did not already know - computer hacking and stealing of info is a federal crime. Therefore, under both aiding & abetting and agency theories, Trump's urging another to do these acts may also be a crime. 2/
Under 18 USC 2(b),"Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the U.S., is punishable as a principal." Here's the Special Counsel's proposed instruction on this principle for the upcoming Manafort trial: 3/
Read 4 tweets
Jun 28, 2018
We should not ignore this fact: Justice Kennedy's son was, for *12 years* one of Donald Trump's most trusted associates at Deutsche Bank.
1998-2010, Trump borrowed over $750M from Deutsche real estate. In same period, Justin Kennedy was Managing Dir/Global Head of Deutsche Real Estate Capital Markets. Kennedy left DB in 2010. Trump began borrowing from DB private wealth bankers in 2010. theguardian.com/business/2017/…
Whoops, it appears to have been over $1B according to the New York Times. nytimes.com/2018/06/28/us/…
Read 4 tweets
Jun 26, 2018
When It’s Too Late to Stop Fascism, According to Stefan Zweig newyorker.com/books/page-tur…
Into the '30's, democratic media assured readers the Hitler movement wd soon collapse: "Prideful of their own higher learning & cultivation, the intellectual classes could not absorb the idea that, thanks to “invisible wire-pullers”—the self-interested groups and individuals 1/
who believed they could manipulate the charismatic maverick for their own gain - this uneducated “beer-hall agitator” had already amassed vast support. After all, Germany was a state where the law rested on a firm foundation, where a majority in parliament was opposed 2/
Read 6 tweets

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