While the evidence in this and previous hearings appears to me now to fall short of establishing seditious conspiracy, it might provide evidence for a charge of insurrection (18 U.S. Code § 2383 — Rebellion or insurrection). 1/15 Or does the evidence in its totality only show that Trump suffers…

I don’t want to sound like a broken record here (my apologies for the outdated metaphor) but the seditious conspiracy statute does not imply anything about the need to establish corrupt intent, any more than the first prong of 18 U.S. Code § 371 does. 1/4 @RDEliason @gtconway3d 18 U.S…

Pro-life advocates have been trying to put on a happy face when discussing the likely political consequences of the Dobbs ruling in the midterms and later elections. 1/51 A common theme of the messaging has been that the fever over the issue has broken; that the pro-life forces have won…

Interesting. Lots of different opinions here about what the future holds on the abortion issue. I’m convinced, like Charlie Sykes, that it will intensify the political divide b/w Rs and Ds. And you? (I also agree with Robin Marty’s forecast.) 18 Ways the Supreme Court Just Changed AmericaA range of…

Trump’s Big Lie is a Big Fascist Lie. It cannot be assessed as a normal criminal lie, and it lives outside the contours of normal politics. The Big Lie is all about subverting normal politics and the norms for criminal prosecution. Thread by @twoodiac on Thread Reader App@twoodiac: Did Trump…

Did Trump know or believe the scheme was illegal? Is he crazy? Does the willful blindness principle apply to him? What all this misses is that *everything* Trump did is *exactly* what a mob boss or a fascist demagogue like Hitler would do. 1/6 Trump played (and is playing) a…

There will be two very likely and one possible charge against Trump by the DoJ. They are: committing an offense or defrauding the government (18 U.S.C. § 371); obstruction of Congress (18 U.S. Code § 1505); and seditious conspiracy (18 U.S. Code § 2384). 1/14 In this thread I will…

I am not a lawyer, but I would like to respectfully suggest that the wrong framework (establishing corrupt intent) is being applied by the lawyers and law professors who are weighing in on the question of what the DoJ would have to do to successfully prosecute Trump. 1/18 Corrupt intent…

It has been overlooked that the Trump-Eastman scheme to overturn the election had two prongs. One, the claim of widespread voter fraud, has been thoroughly debunked, and if I’m not mistaken there wasn’t a single such claim that had been shown to have any merit on Jan 6. 1/16 The…