Post AWrHAQB24GLru9mD8C by Teri_Kanefield@law-and-politics.online
(DIR) More posts by Teri_Kanefield@law-and-politics.online
(DIR) Post #AWqs9Sbn2nAMIojmU4 by Teri_Kanefield@law-and-politics.online
2023-06-19T13:55:26Z
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Since everyone is going to get all unglued about this, let's look at it carefully.It tells us everything we knew all along but uses language that will distress people.In fact, if we compare it to Merrick Garland's statements about how (and why) the DOJ adopted it's strategy, the article simply repeats what Garland said, changing his language.Basically the article says that "instead of starting at the top, we started at the bottom."https://wapo.st/43NM1Cf1/
(DIR) Post #AWqs9TlOkYRhsuEy6C by Teri_Kanefield@law-and-politics.online
2023-06-19T14:02:23Z
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The FBI immediately had evidence that Trump was being the insurrection, but they worried that it wasn't ENOUGH evidence to open an investigation.Trump this week said that the moment he is reelected, he will appoint a special counsel to "go after" the Bidens.See how that looks?Here is what Merrick Garland said on January 5, one year after the insurrection, when he explained what the department was doing:2/
(DIR) Post #AWqs9UTM77bk5Eo4cC by Teri_Kanefield@law-and-politics.online
2023-06-19T14:09:08Z
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Read what Garland alongside the article.The article offers these reasons for the tactic of starting at the bottom (or the rim) and working upward (or inward):🔹 A wariness about appearing partisan🔹institutional caution🔹clashes over how much evidence was sufficient to investigate the actions of TrumpThese three things basically say the same thing. I can phrase it another way. . . 3/
(DIR) Post #AWqs9VAbWKCcFN2c1g by Teri_Kanefield@law-and-politics.online
2023-06-19T14:12:00Z
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Rephrased:"If we launch investigation of Trump himself and we don't have enough evidence to convict, it could take years to get all of the evidence."What then? An investigation against Trump himself drags out for years, in public.Instead, work quietly up the ladder and gather the evidence.Right. This doesn't "appear" partisan.There are three arguments AGAINST Garland's approach. . .4/
(DIR) Post #AWqs9W0MPtbQptFwhM by Teri_Kanefield@law-and-politics.online
2023-06-19T14:16:13Z
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(1) Trump, if president, will appoint a DOJ who will set aside caution and go straight for Biden. So Garland should "fight fire with fire."(2) Going straight for Trump would have "reassured" Trump critics.(3) The insurrection was serious enough to risk starting with Trump.All of these arguments are flawed (for the reasons I talked about in my FAQs.)One thing the article doesn't mention as a factor . . .5/
(DIR) Post #AWqs9WxCt6frmOmwQC by Teri_Kanefield@law-and-politics.online
2023-06-19T14:18:59Z
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This is the question:#1: What is the best way to gather the evidence? Is it better to start with the bottom and work up, building the case?#2: Or is it better to start with the person you think is guilty (even though you don't have the evidence you need to prove it) and search for more evidence?There are lots of problems with #2.The first problem should be obvious given the way that Trump is currently using the prosecutions against him to solidify his hold on the GOP . . .6/
(DIR) Post #AWqsSGRqTq1o5d3Irg by cadenza@universeodon.com
2023-06-19T14:19:33Z
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@Teri_Kanefield yeah I didn’t join the “indict now” bandwagon because I understood that this is the same approach used when the DOJ takes down drug kingpins. You arrest all the little guys that you can prove committed crimes, get some of them to flip and work upwards. This is how El Chapo got taken down. It may take longer, but now El Chapo isn’t going to get his case thrown out due to lack of evidence.
(DIR) Post #AWrHAPGJT8yv4FEuiu by Teri_Kanefield@law-and-politics.online
2023-06-19T14:23:31Z
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It would be much harder to get witnesses to flip against him. Another problem is that it smacks a bit of "Show me the man and I'll show you the crime."Finally, making sure that an investigation doesn't appear partisan is not a bad thing."Appearing partisan" undermines the entire investigation in the public mind.The DOJ (and prosecutors) has enormous power.Using that power cautiously isn't a bad thing.On the other hand, being like Trump is bad.7/
(DIR) Post #AWrHAQB24GLru9mD8C by Teri_Kanefield@law-and-politics.online
2023-06-19T14:27:02Z
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As someone in the comments just said, the DOJ used the same tactics that it uses in taking down mafia kingpins.The evidence against the guy at the top who insulates himself is hard to get.If they started with Trump the evidence would have been even HARDER to get.Imagine this scenario:March 2021: Garland announces an investigation into Trump.Getting the evidence requires piercing attorney-client privilege and getting prominent Republicans to testify against Trump. . .8/
(DIR) Post #AWrHAR3cnI1KdTJoDw by Teri_Kanefield@law-and-politics.online
2023-06-19T14:29:17Z
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. . . it requires search warrants, seizing phones and analyzing the contents.Then, 2 years later, Trump announces his bid for president and says, "They started 2 years ago and still they don't have anything on me."Because these investigations can take two years.Surely the strength of the indictment against Trump in the special master's case shows that you better have the evidence when you file an indictment.9/
(DIR) Post #AWrHARxHSMXXQ5MFyS by Teri_Kanefield@law-and-politics.online
2023-06-19T14:32:03Z
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Quietly building up the evidence outside of the public view so as not to appear partisan and further damage democratic institutions does not seem to me to be a bad thing.The article also makes clear that there were differences of opinion within the DOJ.That means you will always have someone who thought the boss was doing it wrong.That means you will always have someone willing to say, "The boss was doing it wrong."10/
(DIR) Post #AWrHASt3zWlEJIOP2W by Teri_Kanefield@law-and-politics.online
2023-06-19T14:41:04Z
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Starting from the bottom and working up allows the prosecutors to test legal theories. Some of these statutes have rarely been used.They can build their court rulings.Oh, and by the way, the Post said this: We have evidence that prosecutors asked questions about Trump's inner circle in early January, 2022: https://www.washingtonpost.com/national-security/trump-jan-6-investigation-garland/2022/01/15/e55a3ca2-7555-11ec-b202-b9b92330d4fa_story.html11/
(DIR) Post #AWrHATkamVZwzJR9TU by Teri_Kanefield@law-and-politics.online
2023-06-19T14:53:07Z
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Now, because of this article, we will see more of this:WHY DIDN'T THEY START EARLIER?SEE?
GARLAND IS A TIMID MOUSE AND UNFIT FOR THE JOB.THEY DIDN'T WANT TO APPEAR PARTISAN WHICH MEANS THEY WERE BEING PARTISAN!There is too much 🔥 out there.Democracy requires a population with a cool head, able to weigh facts, able to distinguish "evidence" from "opinion."The DOJ weighed options and picked the one it thought was best.12/
(DIR) Post #AWrHAUdtStoZkpJJfk by Teri_Kanefield@law-and-politics.online
2023-06-19T14:58:40Z
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I wrote all of that before getting my morning coffee.(It's early in California)Think how much better I could have done if I'd had my coffee first.Now, time for ☕
(DIR) Post #AWrHGQGud05hw7O9wW by qotca@mastodon.social
2023-06-19T13:57:09Z
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@Teri_Kanefield 😐
(DIR) Post #AWrHHfiChufq73kXfk by derek@toot.thedoodleproject.net
2023-06-19T13:59:21Z
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@Teri_Kanefield agreed - we knew this all along, start at the bottom, get the little fish to make case for big fish. unfortunately title about "resisting" is gonna be clickbaity
(DIR) Post #AWrHKHCaI7dexuCZsW by JanisKay@mastodon.social
2023-06-19T14:23:36Z
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@Teri_Kanefield this in itself sure sounds dystopian. The worse he is the better they love him. “Trump is currently using the prosecutions against him to solidify his hold on the GOP . . .”
(DIR) Post #AWrHLFallKdSGHyjuC by TootTropiques@c.im
2023-06-19T16:17:00Z
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@JanisKay @Teri_Kanefield certainly the epitome of brain-dead hypocrisy for the "lock her up" crowd
(DIR) Post #AWrHLqVkUxbWlQukiW by brianvastag@sciencemastodon.com
2023-06-19T14:25:55Z
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@Teri_Kanefield EyerollThe article clearly provides reporting that despite public evidence of the fake electors' scheme, Garland, Monaco, and Wray prevented an investigation into that scheme. They wasted a year to placate Republicans.
(DIR) Post #AWrHLrLVOX0LLx85OC by Teri_Kanefield@law-and-politics.online
2023-06-19T14:27:54Z
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@brianvastag Don't use the word 'evidence.'There are no sources. Why don't you read it again, this time more carefully.
(DIR) Post #AWrHNPLqRsJl6o1iFM by GreenFire@mstdn.social
2023-06-19T15:12:36Z
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@Teri_Kanefield @brianvastag I don't know enough about the high-level (or even lower-level) to know whether Wray or Garland would be most involved in investigations, but it sure seems to me that the FBI director would be.The attacks attempting to undermine Garland seem to me to have indications of online actors working to undermine Americans' faith in our government in order to weaken democracy though imo.
(DIR) Post #AWrHNR4Y39fcRjwvZ2 by GreenFire@mstdn.social
2023-06-19T16:48:55Z
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@Teri_Kanefield @brianvastag Reading more of the article it also seems that David Axelrod had maybe the most impact on delaying the startup of the #J6 investigation into the higher up co-conspirators, but to be fair the Biden administration had a lot of national security and legislative activity to protect from being more politically attacked during its first year also.We have to remember that this largest criminal investigation in our history had no precedent for us to compare it to too.
(DIR) Post #AWrHSslmV1UZnPliEq by NorCal_Lynne@mstdn.social
2023-06-19T14:57:20Z
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@Teri_Kanefield I also hope cooler heads will prevail but it is difficult when so many are walking around with cans of gasoline. Thank you for being one of the cooler heads.
(DIR) Post #AWrmGdobN4vYWGjMrw by Humpleupagus@eveningzoo.club
2023-06-20T00:50:32.335364Z
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Tl;dr Trump makes Teri wet.