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baseballcrank's profile
Dan McLaughlin
Dan McLaughlin
Dan McLaughlin
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@baseballcrank

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Dan McLaughlinVerified account

@baseballcrank

Senior Writer @NRO. Reaganite, Catholic, Mets fan, ex-lawyer. Opinions 100% my own, but you can share them. Not the Cardinals broadcaster.

New York
nationalreview.com/author/dan-mcl…
Joined May 2009

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    1. Gabriel Malor‏ @gabrielmalor 30 Apr 2020

      Gabriel Malor Retweeted Gabriel Malor

      Here's my thread taking you through the Flynn "bombshell" that isn't. Read it, but in short, this isn't entrapment (wtf?) nor is it a "perjury trap." If FBI thinks you've committed a crime, *of course they're going to target you in an interview.*https://twitter.com/gabrielmalor/status/1255644651622739968 …

      Gabriel Malor added,

      Gabriel Malor @gabrielmalor
      Surprise, surprise, the Flynn bombshell turns out to not be as advertised. Three emails of standard interview prep and then handmade notes from an (as yet) unknown person who was apparently urging unknown others to confront Flynn with their evidence and then hand case off to DOJ.
      Show this thread
      18 replies 122 retweets 317 likes
      Show this thread
    2. Gabriel Malor‏ @gabrielmalor 30 Apr 2020

      BTW, which Twitter lawyer even introduced the term "perjury trap" to this conversation? Because Flynn didn't plead guilty to perjury. What are you even doing?

      3 replies 8 retweets 59 likes
      Show this thread
    3. Dope Right 91‏ @GMorre11 30 Apr 2020
      Replying to @gabrielmalor

      Respectfully, Gabe, the incomparable @AndrewCMcCarthy used the phrase "perjury trap" in the figurative sense to describe the wrongfulness of the less-apt Flynn interrogation—e.g.: "This kind of interrogation . . . [is] called a perjury trap."pic.twitter.com/lAXaSGdIpJ

      1 reply 0 retweets 1 like
    4. Dope Right 91‏ @GMorre11 30 Apr 2020
      Replying to @GMorre11 @gabrielmalor @AndrewCMcCarthy

      It's no different than (loosely) cross-applying terms of art and legalisms that have a narrow denotation in specific field to another. We lawyers make such cross-applications without fear of corrective snootiness because the intent for a loose construction's plain. But slay, king

      2 replies 0 retweets 0 likes
    5. Dan McLaughlin‏Verified account @baseballcrank 30 Apr 2020
      Replying to @GMorre11 @gabrielmalor @AndrewCMcCarthy

      Yeah, this is not a perjury trap in the caselaw sense (and the caselaw sets a very high bar, given what it's like being a witness under oath), but it is clearly an analogous argument if you think agents questioned someone with a deliberate plan to elicit prosecutable lies.

      1 reply 0 retweets 3 likes
    6. Gabriel Malor‏ @gabrielmalor 30 Apr 2020
      Replying to @baseballcrank @GMorre11 @AndrewCMcCarthy

      What makes this not a perjury trap is that the writer of the notes actually thought Flynn had committed a crime. He's unequivocal about that. This wasn't a case where they couldn't find the crime, so hoped to trick him into incriminating himself, as McCarthy inaccurately writes.

      3 replies 1 retweet 4 likes
      Dan McLaughlin‏Verified account @baseballcrank 30 Apr 2020
      Replying to @gabrielmalor @GMorre11 @AndrewCMcCarthy

      Which is a different argument than "this isn't a perjury trap because he wasn't charged with perjury."

      1:32 PM - 30 Apr 2020
      • 2 Likes
      • Dope Right 91
      0 replies 0 retweets 2 likes

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