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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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    1. Jed Shugerman Vote 11/6‏ @jedshug Sep 13
      Replying to @jedshug @emptywheel @joshgerstein

      6. "Treasury can't issue a refund—even if that person is later exonerated. For Libby to get back his 250 Gs, Congress would need to pass a law to make the funds available. Or it's possible that President Bush could issue a customized presidential pardon that specifies a refund."

      4 replies 2 retweets 7 likes
    2. bmaz‏ @bmaz Sep 13
      Replying to @jedshug @emptywheel @joshgerstein

      Also, the form of "clemency" means a great deal. Is it just commutation? If so then likely little to no effect on financial portions of sentence. If full pardon, then it gets more complex, but even there forfeiture protection may not be complete at all.

      1 reply 0 retweets 2 likes
    3. Jed Shugerman Vote 11/6‏ @jedshug Sep 13
      Replying to @bmaz @emptywheel @joshgerstein

      One observation: If Trump goes beyond a simple pardon to a "customized pardon" to return millions to Manafort, I think the strength of an obstruction of justice and bribery case against Trump increases - both legally and politically. Has to part of the calculus.

      2 replies 2 retweets 15 likes
    4. emptywheel‏ @emptywheel Sep 13
      Replying to @jedshug @bmaz @joshgerstein

      All that assumes he has anyone who could pull this off competently. I don't see his one competent lawyer, Flood, even attempting this, bc it is legally stupid, up to and including for power of the president.

      2 replies 2 retweets 14 likes
    5. Josh Gerstein‏Verified account @joshgerstein Sep 13
      Replying to @emptywheel @jedshug @bmaz

      Hey Obama had good lawyers and didn't do the advance commutation for Cartwright that he arguably shoulda done instead of a pardon. Very few experts in the nuances of clemency.

      2 replies 0 retweets 3 likes
    6. Josh Gerstein‏Verified account @joshgerstein Sep 13
      Replying to @joshgerstein @emptywheel and

      1 of those few experts just emailed: The Laura, 114 US 411, 414 (1885)(“the president, under the general, unqualified grant of power to pardon offenses against the United States, may remit fines, penalties, and forfeitures of every description arising under the laws of congress”)

      2 replies 1 retweet 4 likes
    7. bmaz‏ @bmaz Sep 13
      Replying to @joshgerstein @emptywheel @jedshug

      The Laura! I assume any criminal forfeiture as noticed in the indictments, would be covered by a full pardon. That said, there are other forfeiture vehicles. Now the Feds "may" have served themselves by not concurrently noticing civil forfeiture (real parallel proceedings!!"

      1 reply 0 retweets 1 like
    8. Josh Gerstein‏Verified account @joshgerstein Sep 13
      Replying to @bmaz @emptywheel @jedshug

      we know there were separate legal actions to seize/freeze some of his accounts...how precisely they're linked I'm not clear since that info still under seal..but it seems like a move to freeze assets allegedly subject to forfeiture in the DC criminal case https://politi.co/2NamWy0 

      2 replies 0 retweets 1 like
    9. emptywheel‏ @emptywheel Sep 13
      Replying to @joshgerstein @bmaz @jedshug

      You said discussions on some of that was unsealed in prior transcripts though?

      2 replies 0 retweets 2 likes
    10. Josh Gerstein‏Verified account @joshgerstein Sep 13
      Replying to @emptywheel @bmaz @jedshug

      Yes. I didn't buy them but they were unsealed a few weeks ago. It's during the back and forth about bail issues. Jackson said she's done some things to address defense concerns about paying legal fees. And I think there was passing discussion of the forfeiture cases.

      1 reply 1 retweet 4 likes
      emptywheel‏ @emptywheel Sep 13
      Replying to @joshgerstein @bmaz @jedshug

      Yeah, I saw they were unsealed but haven't looked. Curse you Gerstein, there goes my afternoon and about $30 in transcript PACER fees.

      9:56 AM - 13 Sep 2018
      • 4 Likes
      • Jana🗽⚖I believe Dr. Ford⚖🗽 Judy Davies DroseraAndNepenthes IBrake ForAnts
      2 replies 0 retweets 4 likes
        1. New conversation
        2. Josh Gerstein‏Verified account @joshgerstein Sep 13
          Replying to @emptywheel @bmaz @jedshug

          I don't think you can get them on pacer, but I could be wrong. I'd have sprung for that.

          1 reply 0 retweets 1 like
        3. emptywheel‏ @emptywheel Sep 13
          Replying to @joshgerstein @bmaz @jedshug

          Arent't they from January and February?

          1 reply 0 retweets 0 likes
        4. Josh Gerstein‏Verified account @joshgerstein Sep 13
          Replying to @emptywheel @bmaz @jedshug

          right but access through pacer depends not on the date of the event but the date the transcript was filed. These were filed last month so won't be cheap until November.

          1 reply 0 retweets 4 likes
        5. emptywheel‏ @emptywheel Sep 13
          Replying to @joshgerstein @bmaz @jedshug

          Well surely you had nothing better to do with your afternoon than go sit in Prettyman's Clerk Office?

          2 replies 0 retweets 2 likes
        6. Josh Gerstein‏Verified account @joshgerstein Sep 13
          Replying to @emptywheel @bmaz @jedshug

          I'm there a couple times a week. You know there is a high-profile grand jury meeting there? So this is a side trip.

          1 reply 0 retweets 0 likes
        7. emptywheel‏ @emptywheel Sep 13
          Replying to @joshgerstein @bmaz @jedshug

          That's just one day a week, tho.

          1 reply 0 retweets 0 likes
        8. Josh Gerstein‏Verified account @joshgerstein Sep 13
          Replying to @emptywheel @bmaz @jedshug

          I'm pretty sure there have been times where it was two. CNN is there every day.

          0 replies 0 retweets 0 likes
        9. End of conversation
        1. New conversation
        2. bmaz‏ @bmaz Sep 13
          Replying to @emptywheel @joshgerstein @jedshug

          Free the PACER!!

          1 reply 1 retweet 3 likes
        3. 1 more reply

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