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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. emptywheel‏ @emptywheel Mar 14

      emptywheel Retweeted Zoe Tillman

      This happens with every special counsel investigation (tho sometimes at a later date, bc the defendant actually thinks he--usually a he--might be found not guilty). I guess Manafort doesn't have that confidence.https://twitter.com/ZoeTillman/status/974102260631441408 …

      emptywheel added,

      Zoe TillmanVerified account @ZoeTillman
      NEW: Paul Manafort is once again challenging the validity of special counsel Robert Mueller's appointment — he just filed a motion to dismiss the DC indictment on those grounds. This is separate from the civil lawsuit that Manafort filed in January https://www.buzzfeed.com/zoetillman/paul-manafort-takes-another-crack-at-challenging-robert?utm_term=.cn6zV3KWN#.tdvmvJLqY … pic.twitter.com/VIOnx39Um0
      Show this thread
      7 replies 32 retweets 58 likes
      Show this thread
    2. emptywheel‏ @emptywheel Mar 14

      I suspect, more than expecting this will get the charges thrown out (esp since Manafort is, by his own decision, fighting charges in two districts), he's trying to get Mueller to lay out The Other Shit that's coming down the pike, which Mueller has deferred.

      3 replies 11 retweets 46 likes
      Show this thread
    3. Robert Barnes‏ @Barnes_Law Mar 14
      Replying to @emptywheel

      Actually, Manafort has a very good legal argument he is perserving for appeal & increasing #Mueller risk for continuously wayward indictments. This kind of prosecutorial behavior is what nearly got IC statute declared unconstitutional.

      1 reply 1 retweet 1 like
      emptywheel‏ @emptywheel Mar 14
      Replying to @Barnes_Law

      Hi. I just told you I covered the Libby case, which is precedential in this one. Care to explain why that precedent doesn't govern here?

      8:01 PM - 14 Mar 2018
      • 8 Likes
      • Emails Ockham'sToothbrush a Dᵢₛₑₘbₒdᵢₑd ᶠˡⁱᵏᵉ nodens Grudge Pat Riot Jeff Stoller
      1 reply 0 retweets 8 likes
        1. New conversation
        2. Robert Barnes‏ @Barnes_Law Mar 14
          Replying to @emptywheel

          This is pursuant to special counsel regulation, not IC statute. Review @AndrewCMcCarthy articles on how #Mueller appointment does not conform to statute or regs, a problem compounded by Mueller's precarious expansive interpretation of his own delegated authority.

          2 replies 1 retweet 0 likes
        3. Robert Barnes‏ @Barnes_Law Mar 14
          Replying to @Barnes_Law @emptywheel @AndrewCMcCarthy

          I litigated this in other contexts, and courts increasingly willing to entertain challenges to indictments outside delegated authorization (task force context, CLE suspended prosecutors, tax prosecutions unauthorized by Tax Division). Govt. tends to settle to avoid appellate risk

          1 reply 0 retweets 0 likes
        4. emptywheel‏ @emptywheel Mar 14
          Replying to @Barnes_Law @AndrewCMcCarthy

          Oh. You're still here! I asked you to address the Libby precedent. Care to?

          1 reply 0 retweets 9 likes
        5. Robert Barnes‏ @Barnes_Law Mar 14
          Replying to @emptywheel @AndrewCMcCarthy

          Remember how often the Libby court referenced the clearly "limited" and "discrete" authorization of that appointment. This is what is missing both from the original appointment & subsequent indictments. If they had gone after Libby for tax evasion, court likely dismisses.

          1 reply 1 retweet 0 likes
        6. emptywheel‏ @emptywheel Mar 14
          Replying to @Barnes_Law @AndrewCMcCarthy

          Oh hey!! You have read SC precedents! Congrats. Chuck is not as fucked as I was worried about. Good for him. I look forward to the filing where Mueller lays out why hiding that you're working for RU interests relates to an investigation into whether you're hiding working for RU.

          2 replies 0 retweets 6 likes
        7. emptywheel‏ @emptywheel Mar 14
          Replying to @emptywheel @Barnes_Law @AndrewCMcCarthy

          But that is, precisely, my point. This is abt forcing Mueller to lay out how hiding that you're working for RU relates to investigation into whether you were pretending to work for RU. A fair defense motion, by all means!

          2 replies 0 retweets 5 likes
        8. emptywheel‏ @emptywheel Mar 14
          Replying to @emptywheel @Barnes_Law @AndrewCMcCarthy

          Want me to translate into how this exposes poor Chuck Johnson to considerable legal jeopardy? Publicly I mean?

          0 replies 0 retweets 8 likes
        9. End of conversation

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