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emptywheel's profile
emptywheel
emptywheel
emptywheel
@emptywheel

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emptywheel

@emptywheel

Abundant tweets about civil liberties & national security. "Has a longer memory than an elephant & keeps more records than Jim Comey.” Legendary potty mouth.

Grand Rapids, MI
emptywheel.net
Joined August 2008

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    emptywheel‏ @emptywheel Jun 13

    A lot of normally smart people seem to be missing this: Trump pardoning Cohen would be the stupidest possible thing Trump could do. That's bc: 1) Up until seating of jury in federal trial, Cohen's presumed charges could be refiled in NYS, where Trump couldn't pardon.

    12:45 PM - 13 Jun 2018
    • 97 Retweets
    • 223 Likes
    • Karen M SGSwritereditor realnowthenzen Justin 👻 Boo-rown 👻 ModSquad😎Melanie Terry Buckalew Ron Willey PostimusMaximus Tom Wright
    16 replies 97 retweets 223 likes
      1. New conversation
      2. emptywheel‏ @emptywheel Jun 13

        2) If Trump pardons Cohen then he can be forced to testify against Trump. So if you're arguing that today's reports are signaling to Trump, it's more likely a request for help paying lawyers, not a pardon.

        13 replies 61 retweets 178 likes
        Show this thread
      3. emptywheel‏ @emptywheel Jun 13

        Now, Trump being Trump, it's certainly possible he's too stupid to know that pardoning Cohen will actually hurt him. But Cohen probably knows at least enough about the law to know it'd be counterproductive now.

        12 replies 28 retweets 147 likes
        Show this thread
      4. End of conversation
      1. New conversation
      2. spooky Xhosa girl Nongqawuse‏ @wspieler Jun 13
        Replying to @emptywheel @Atrios

        Why would double jeopardy apply to state court

        2 replies 0 retweets 2 likes
      3. Ryan‏ @rgfant Jun 13
        Replying to @wspieler @emptywheel @Atrios

        NY state law has broader double jeopardy protections than afforded by the Constitution

        1 reply 1 retweet 13 likes
      4. emptywheel‏ @emptywheel Jun 13
        Replying to @rgfant @wspieler @Atrios

        That (as noted in the original tweet) only kick in once a federal jury has been seated.

        1 reply 2 retweets 18 likes
      5. 1 more reply
      1. Barbara Morrill‏ @BarbinMD Jun 13
        Replying to @emptywheel @Atrios

        Shhhhhh! 🤫

        0 replies 1 retweet 11 likes
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      1. akudlac‏ @akudlac Jun 13
        Replying to @emptywheel

        Evgeny Friedman cut a deal with NY to flip on Cohen I believe. Those were decades of state charges.

        0 replies 1 retweet 2 likes
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      1. Deebo #1 (temp)Astros Fan‏ @ai002h Jun 13
        Replying to @emptywheel

        The only problem with this perfectly logical tweet is Trump isn’t a smart person..so uh 🤷🏾‍♂️

        0 replies 0 retweets 6 likes
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      1. Bob Vesterman‏ @rwv37 Jun 13
        Replying to @emptywheel

        "Trump pardoning Cohen would be the stupidest possible thing Trump could do." -> So you're saying Trump will pardon Cohen?

        0 replies 0 retweets 4 likes
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      1. New conversation
      2. RetroCrone‏ @RetroCrone Jun 13
        Replying to @emptywheel @charles_gaba

        I hv given up saying a thing is the stupidest Trump could do b/c he has unlimited capacity for outdoing himself in the stupid dept. And it doesn’t seem to matter.

        1 reply 0 retweets 2 likes
      3. Charles Ghoul-ba‏Verified account @charles_gaba Jun 13
        Replying to @RetroCrone @emptywheel

        Oh, I’d say it matters about 1/3 of the time.

        0 replies 0 retweets 1 like
      4. End of conversation
      1. New conversation
      2. Ben Bruner, JD‏ @iamthebagman2 Jun 13
        Replying to @emptywheel @Lonestarmomcom

        Cali too. And Courts will go around that seating of the jury formality if circumstances warrant. Found that out in a case I had.

        1 reply 0 retweets 2 likes
      3. beulahjetson‏ @fideldd Jun 13
        Replying to @iamthebagman2 @emptywheel @Lonestarmomcom

        How does that work?

        1 reply 0 retweets 0 likes
      4. Jeff's my brother‏ @Jeffsmybrother Jun 13
        Replying to @fideldd @iamthebagman2 and

        All you have to do is change the charge a bit, right? Not the same exact crime. Don't they sometimes hold back a few charges in case this happens? Not to mention, don't you have to admit wrong-doing to receive a pardon? Can that in turn be used to demonstrate guilt?

        1 reply 0 retweets 0 likes
      5. Ben Bruner, JD‏ @iamthebagman2 Jun 13
        Replying to @Jeffsmybrother @fideldd and

        I’m not up on this NY statute. Most states can charge separately even if it is the exact same charge. Bank Robbery is a federal crime and a state crime and if it occurs on an Indian reservation, a tribal crime. That’s the law school example.

        0 replies 0 retweets 2 likes
      6. End of conversation
      1. Stefan The Adequate‏ @StefanNotSteven Jun 13
        Replying to @emptywheel @charles_gaba

        Something else here - Trump has used the pardon like a small child who’s just found a new button (hey this is fun, I can spare kindred spirits from accountability!). But pardoning Cohen creates yet another potential obstruction charge. Likely his lawyers are advising against it

        0 replies 0 retweets 2 likes
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      1. Andrew McFarlane‏ @farlanewastaken Jun 13
        Replying to @emptywheel

        Se he's definitely doing it then, right?

        0 replies 0 retweets 2 likes
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      1. Mac‏ @TheMactastic Jun 13
        Replying to @emptywheel

        Stop giving them free legal advice.

        0 replies 0 retweets 1 like
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      1. New conversation
      2. KE‏ @Kim585 Jun 13
        Replying to @emptywheel @colonelblimp2

        Isn't the Southern District of New York in charge of the Michael Cohen investigation?

        1 reply 0 retweets 0 likes
      3. Uncle Floyd (and Oogie)  🐘‏ @gotham01 Jun 13
        Replying to @Kim585 @emptywheel @colonelblimp2

        Yes...but it's a Federal Court located in NY.

        1 reply 0 retweets 0 likes
      4. KE‏ @Kim585 Jun 13
        Replying to @gotham01 @emptywheel @colonelblimp2

        Heck, I thought one of the (admittedly unspoken) reasons Mueller punted Cohen's case to SDNY was because Trump couldn't pardon him there. Wishful thinking.

        1 reply 0 retweets 0 likes
      5. Uncle Floyd (and Oogie)  🐘‏ @gotham01 Jun 13
        Replying to @Kim585 @emptywheel @colonelblimp2

        A lot of people thought the same thing.

        0 replies 0 retweets 1 like
      6. End of conversation

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