Tue 1 Aug 2023, 5:40 p.m.
I’m watching the talking heads on MSNBC. They’ve been my go-to for no better reason than I like some of the guests they get (Joyce Vance, Neal Katyal (despite many flaws during Those Four Years), …) and some of the hosts, and it’s useful to get legal insights on the idictment. My reading alone would be severely hobbled without some educated Cliff Notes.
And as with my Twitter days of following her, Teri Kanefield always has entertainging live threads as she pours through any court filings. Her live thread: @Teri_Kanefield@law-and-politics.online at 1 Aug 2023, 5:46 p.m.
Quick (paraphrased, as are all here) quotes I caught at the start watching:
- Ari Melber: “this is not a speaking indictment, it’s a shouting indictment”
- David Kelley “[this indictment is] a masterpiece”
6:14
Jack Smith comes on the scene. This is only the second time he’s publicly remarked on the investigation.
The points he makes:
- He first emphasizes the lies used by the defendant and all co-conspirators to try to steal the election
- Praises the police officers for the job they did on January 6th
- “We will continue investigating”
- “I will seek a speedy trial”
- He closes by emphasizing the principle of innocent until proven guilty. This is reiterated throughout the evening.
6:16
Jack Smith finishes after about two minutes. No one expected more.
- Neal Katyal – “This is the largest legal event in this nation’s history [and] Jack Smith has met the moment.”
There are four people around the table discussing the indictment. As two talk the other two are reading the document and furiously notating.
Ari Melber – David Kelley (United States Attorney for the SDNY) – Kristy Greenberg (Former SDNY Criminal Division Deputy Chief) – Andrew Weissman (General Counsel of the FBI)
- Andrew Weissman: “This is a masterpiece in terms of a narrative.”
- Andrew Weissman: “Mark Meadows [TFG’s Chief of Staff] definitely cooperated.” Meadows has not been revealed or guessed as one of the unnamed co-conspirator.
Teri Kanefield:
P. 21: Trump gets all the blame for the fake electors.
Heading:
The Defendant’s Use of Dishonesty, Fraud, and Deceit to Organize Fraudulent Slates of Electors and Cause Them to Transmit False Certificates to Congress
(I know through the defense bar grapevine of at least one fake elector totally cooperating.)
6:28
- Ari Melber: “Jack Smith makes the argument that TFG didn’t cause the violence but he used it to further his conspiracy. TFG had both bad criminal intent (he knew) and bad action (he acted on it)”.
This is what I continued to hear in the following days: the facts shut down the argument that TFG actually believed the lie.
6:32
AG Merrick Garland speaking (~30 sec).
Joyce Vance points out that the indictment is creating the narrative to help citizens see that the conspiracy TFG was involved in tried to take away their right to vote. This fact was reiterated many times by others in the days after (and the fact that the law against that was created to thwart the KKK from intimidating/killing black people).
Another point: TFG continued trying to convince senators even after they returned to count the votes (we knew this from the original January 6th investigation). Those actions smack of saying in effect “you see what I can do, now are you going to help me?”
Kristy Greenberg: None of the coconspirators (all lawyers) will flip because they are so untrustworthy and their testimony would be useless in court.
6:50
[taking a break]
9:16
Stephanie Ruhle – Chris Hayes – Rachel Maddow – Alex Wagner – Ari Melber – Joy Reid
Joy Reid: “Biden needs to go to all of the places where the crime was committed– Arizona, Georgia, Detroit, Wisconsin–and present his argument.” This follows directly from Joyce Vance’s comment above.
Rachel Maddow: “DeSantis and TFG talk about weaponization of the government… and yet it’s exactly what they did. But then DeSantis says he didn’t even read the indictment.” Oh let us count the logical infelicities.
(all commentators were almost dumbfounded at the bumper crop of hypocrisy)
Post-hot-take articles:
- This Is the Case (Tom Nichols, 1 Aug 2023, 7:13 p.m.)
- I Can Already Imagine T-Shirts Reading ‘My President Is In Prison’ (Charles P. Pierce, 2 Aug 2023)