Harry's Hits: Week of August 29, 2022

MEDIA HITS

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HARRY DISCUSSES REVIEW OF MAR-A-LAGO DOCS ON DEADLINE WHITE HOUSE WITH NICOLLE WALLACE

AUGUST 29, 2022

"It is all redacted but I think we have a pretty good sense of the conduct and the issue will be can they tag Trump himself with it, but given the people around and... several witnesses discussing this, I think the odds are pretty good" - @harrylitman w/ @NicolleDWallace pic.twitter.com/cUoVrtzwtO

— Deadline White House (@DeadlineWH) August 29, 2022

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HARRY APPEARS ON DEADLINE WHITE HOUSE TO DISCUSS REDACTED WHOTO OF RECOVERED DOCS IN DOJ FILING

AUGUST 31, 2022

"It really is horrifying to think about just what might have happened already, even if we assume that finally after a threat to tell Congress and a subpoena and a search, we now have all the documents" - @harrylitman w/ @NicolleDWallace pic.twitter.com/CNIsThKi6K

— Deadline White House (@DeadlineWH) August 31, 2022

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HARRY DISCUSSES MAR-A-LAGO WITH NICOLLE WALLACE AND DEADLINE WHITE HOUSE

AUGUST 26, 2022

"[Trump's] now at Mar-a-Lago with a small circle of people, none of them by the way have security clearance... There's no one to counteract the voices and we've had some reports of some of them... telling him to do the worst kind of things" - @harrylitman w/ @NicolleDWallace pic.twitter.com/vuF3aBEDoN

— Deadline White House (@DeadlineWH) August 26, 2022

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HARRY BREAKS DOWN CLASSIFIED DOCS IN MAR-A-LAGO SEARCH ON DEADLINE WHITE HOUSE

AUGUST 29, 2022

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HARRY SPEAKS WITH ANDREA MITCHELL ON TRUMP’S LATEST CLAIM OF EXECUTIVE PRIVILEGE

September 1, 2022

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TOP TWEETS THIS WEEK

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The first, and killer, argument that says it all. Trump has no standing -- legal entitlement -- to bring the motion in the first place, b/c he has no possessory interest in the docs. They belong in the Archives.

— Harry Litman (@harrylitman) August 31, 2022

Quick primer on law of evidence: if he's indicted, every word he is saying now, every crazy eruption eg it was the FBI that strew the documents, will be heard by the jury, wh or not he testifies.Will be overwhelming attack on his credibility & proof of his consciousness of guilt.

— Harry Litman (@harrylitman) August 31, 2022

Mr Cipollone, When you told the president that what he was contemplating was unlawful, what was his response?

— Harry Litman (@harrylitman) September 3, 2022

DOJ filing at 30,000 feet:
1. Facts (11 pages): Trump's assertion he cooperated is a joke; in fact he delayed access repeatedly.
2. Law: (20 pages): first principles: THESE ARE NOT HIS RECORDS. He has no legal entitlement to challenge anything.

— Harry Litman (@harrylitman) August 31, 2022

Judge Cannon forbidding any wi-fi or tweeting during hearing, so no news until over. Unusual, and possibly thin-skinned.

— Harry Litman (@harrylitman) September 1, 2022

If this holds up, it's going to require the minting of a whole new area of law for the scope and boundaries of a former Pres's executive priv interests. How the hell is a Special Master supposed to call balls and strikes? This could be huge delays. I think DOJ needs to appeal.

— Harry Litman (@harrylitman) September 5, 2022

Harry's Hits: Week of August 22, 2022

MEDIA HITS

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HARRY APPEARS ON ALEX WITT ON MSNBC TO ASSESS THE RISKS OF MAR-A-LAGO DOCUMENTS

AUGUST 28, 2022

Great being on @AlexWitt just now, tag-teaming with @harrylitman to point out that 1) the Executive Privilege claim is a dilatory tactic (as usual) and 2) completely nonsensical in the context of this case pic.twitter.com/TpVTqekRnE

— Asha Rangappa (@AshaRangappa_) August 28, 2022

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HARRY DISCUSSES FBI MAR-A-LAGO SEARCH ON CBS NEWS

AUGUST 11, 2022

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HARRY DISCUSSES MAR-A-LAGO WITH NICOLLE WALLACE AND DEADLINE WHITE HOUSE

AUGUST 26, 2022

"[Trump's] now at Mar-a-Lago with a small circle of people, none of them by the way have security clearance... There's no one to counteract the voices and we've had some reports of some of them... telling him to do the worst kind of things" - @harrylitman w/ @NicolleDWallace pic.twitter.com/vuF3aBEDoN

— Deadline White House (@DeadlineWH) August 26, 2022

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TOP TWEETS THIS WEEK

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The obstruction just keeps getting stronger and stronger. Several witnesses now saying trump went through boxes personally. That puts him 4-square in obstruction land. Moreover, looking more righteous--far from a picayune case, it captures his basic sin of thinking he is the gov

— Harry Litman (@harrylitman) August 23, 2022

Once DOJ responds to Judge Cannon, and she hopefully understands there are no documents subject to executive privilege and at most a handful subject to atty-client, she should reverse ground on her initial indication of appointing a special master. Already a fine process in place

— Harry Litman (@harrylitman) August 27, 2022

It's not his style, so you can't say he did it on purpose; but Merrick Garland has been like an Akido master or a matador to Trump's bull: while remaining passive and completely by the book, he and the DOJ have totally outmaneuvered Trump and now are seeing all his lies revealed

— Harry Litman (@harrylitman) August 26, 2022

Harry's Hits: Week of August 7, 2022

MEDIA HITS

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HARRY APPEARS ON THE LINCOLN PROJECT TO DISCUSS THE MAR-A-LAGO RAID

AUGUST 9, 2022

The Mar-a-Lago raid changes everything. Just how big is this news? (hint: BIG) What happens next? Join @TaraSetmayer and @TheRickWilson with special guest fmr. U.S. Attorney @harrylitman on The Breakdown to find out. 🕗 SPECIAL TIME: Tonight at 8 PM ET. pic.twitter.com/8CGn0roBbD

— The Lincoln Project (@ProjectLincoln) August 9, 2022

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HARRY DISCUSSES FBI MAR-A-LAGO SEARCH ON CBS NEWS

AUGUST 11, 2022

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LA TIMES: FBI CONDUCTS ‘RAID' ON TRUMP’S MAR-A-LAGO ESTATE, FORMER PRESIDENT SAYS

AUGUST 8, 2022

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CBS: FORMER PROSECUTOR ON WHY FBI SEARCH OF TRUMP’S MAR-A-LAGO RESIDENCE IS “HIGH-STAKES”

AUGUST 9, 2022

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HARRY DISCUSSES FBI RAID ON MAR-A-LAGO WITH NEWSY

AUGUST 9, 2022

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FBI seizes cell phone of Pennsylvania congress member Scott Perry, who was the conduit that brought DOJ flunky and AG-wannabe Jeff Clark to Trump’s attention. Another possible treasure trove, inc-never forget his role—Mark Meadows.

— Harry Litman (@harrylitman) August 9, 2022

They may Trump stay 4 hours and take the fifth to every question, so that they can use it as video at trial for every issue: having him say “I take the fifth” again and again, and therefore having the negative inference rammed home in front of the jury

— Harry Litman (@harrylitman) August 10, 2022

A federal magistrate judge has found probable cause to believe evidence of the crime of ESPIONAGE to be found at Mar-A-Lago. Repeat 5 times.

— Harry Litman (@harrylitman) August 12, 2022

Impossible to have “A standing order” that all materials you bring home area”deemed”I declassified. Such an order would have to be analyzed for legality by OLC and it would plainly fail

— Harry Litman (@harrylitman) August 13, 2022

No surprise: after maneuvering and dodging, Trump takes fifth in New York AG inquiry with phony and improper statement about how it’s a witchhunt. Important point: it can be used against him because it’s a civil action.

— Harry Litman (@harrylitman) August 10, 2022

11 sets of classified docs. some top secret. some compartmented. NEVER EVER supposed to be even looked at off site. he's up there w Edward Snowden, depending of course on what people think of him.

— Harry Litman (@harrylitman) August 12, 2022

Among the most revolting details: the court redacted the names of the two agents who applied for the warrant. Trump released it with their names, and now they need federal protection against death threats and the like.

— Harry Litman (@harrylitman) August 13, 2022

Harry's Hits: Week of July 31, 2022

MEDIA HITS

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RAWSTORY: TRUMP’S LAWYERS WILL TRY AND CUT A DEAL WITH THE DOJ TO AVOID 2024 CHAOS: FORMER DEPUTY AG

AUGUST 5, 2022

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HARRY APPEARS ON AYMAN MSNBC TO DISCUSS DHS INSPECTOR GENERAL’S HANDLING OF THE INVESTIGATION INTO ERASED TEXTS RELATED TO THE JAN 6TH INSURRECTION

AUGUST 6, 2022

"Biden should fire him tomorrow," @harrylitman tells @samstein in discussing DHS Inspector General Joseph Cuffari's handling of the investigation into erased text messages related to the January 6th Capitol Insurrection. pic.twitter.com/I1C7naNNaT

— AYMAN (@AymanMSNBC) August 7, 2022

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HARRY JOINS MICHAEL COHEN ON THE MEA CULPA PODCAST

AUGUST 5, 2022

The ⁦@MeaCulpaPodcast⁩ welcomes back our good friend ⁦@harrylitman⁩, former US Attorney and Deputy Assistant Attorney General, legal affairs columnist for the Los Angeles Times Opinion Page and professor of Constitutional Law at UCLA and UCSD. https://t.co/nImdnUBIyP

— Michael Cohen (@MichaelCohen212) August 5, 2022

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TOP TWEETS THIS WEEK

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It seems unlikely that official after official at separate federal agencies just decided independently to erase text message in violation of federal law. IF J6C doesn't get to bottom of the possible coordination, DOJ has to.

— Harry Litman (@harrylitman) August 2, 2022

Cipollone has a very serious decision to make, for the country and his own future. He was able to give J6C half measures knowing they couldn’t really push for more. That won’t fly with the DOJ. If he chooses to try to hide behind executive priv, it marks him as an obstructionist

— Harry Litman (@harrylitman) August 3, 2022

It may not feel like it, but the subpoenas for Cipollone and Philbin pose no separation of powers issue or big constitutional showdown. It's the exec branch looking for info about poss crimes by executive branch personnel. In that setting, law is clear that they must give it up.

— Harry Litman (@harrylitman) August 4, 2022

$44 million punitive damages for Jones -- nearly the limit of what's permitted by Texas law. Basically the jury hated him and they clobbered him.

— Harry Litman (@harrylitman) August 5, 2022

I think the jury stumbled onto the perfect maximum amount of punitive damages. Much more than the $45M and the trial court likely would reduce it. But this is w/in the legal range and given the testimony about his net worth, won't be easy for the court to reduce.

— Harry Litman (@harrylitman) August 5, 2022

per @marceelias HUGE POINTt:the records provision they're investigating carries the penalty that someone convicted "shall forfeit his office and be disqualified from holding any office under the United States." So this could be the whole enchilada in terms of DOJ resolution.

— Harry Litman (@harrylitman) August 9, 2022

Cipollone subpoena is the best and the obvious next move for DOJ, and again shows it seriousness. No one but possibly Meadows knows more about Trump’s criminal conduct, and he held back way more w/ J6C than his role as WHC required and law/facts permitted.

— Harry Litman (@harrylitman) August 3, 2022

An important side benefit of Cipollones testimony if he gives it: he can absolutely bury Meadows. And that in turn would further serve the goal of a prosecution of Trump

— Harry Litman (@harrylitman) August 3, 2022

Alex Jones is in deep deep doo-doo, and it couldn't happen to a nicer guy. He's looking at 3 sledgehammer blows in quick succession: 1) a gargantuan verdict against him for defaming the Sandy Hill plaintiffs;2) the immediate delivery of his texts to J6C; &3) a perjury prosecution

— Harry Litman (@harrylitman) August 4, 2022

Jones told jury that an award $2 million would destroy him financially. But plaintiffs put on an economist who estimated his net worth at b/t $135M-$270M.
Next stop: J6C, which will get the texts and may have a field day. And then likely perjury indictment. He might be toast

— Harry Litman (@harrylitman) August 5, 2022

Alex Jones now saying the trial was rigged. So much for his contrition about lying about the shooting.

— Harry Litman (@harrylitman) August 6, 2022

Harry's Hits: Week of July 17, 2022

MEDIA HITS

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HARRY JOINS MSNBC TO DISCUSS THE JANUARY 6 HEARINGS AND TRUMP’S 187 MINUTES OF INACTION

JULY 18, 2022

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COLUMN: THERE IS A GAP IN THE EVIDENCE WE’VE SEEN AGAINST TRUMP. WE HAVE TO RELY ON THE DOJ TO FILL IT

JULY 20, 2022

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It’s changing of the guards time at the Supreme Court – old clerks out, new clerks in. And so far as we know, the leaker has never been caught.

— Harry Litman (@harrylitman) July 18, 2022

Garland at press conference today:"We have to hold accountable every person who is criminally responsible for trying to overturn a legitimate election.And we must do it in a way filled with integrity and professionalism -- Both of these are necessary in order to achieve justice."

— Harry Litman (@harrylitman) July 20, 2022

Harry's Hits: Week of July 10, 2022

MEDIA HITS

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HARRY JOINS MSNBC TO DISCUSS STEVE BANNON AND MARK MEADOWS’ JANUARY 6 TRIALS

JULY 17, 2022

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TOP TWEETS THIS WEEK

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Remember how Bannon swaggered when he was indicted and promised to make this the “misdemeanor from hell” for the DOJ. Now that he has to face the music imminently, he’s not looking so swashbuckling.

— Harry Litman (@harrylitman) July 11, 2022

After Bannon is convicted at his trial that begins next week, there will be plenty of time for him to testify before the J6 committee, as apparently both he and Trump want him to do. And in the meantime, he can certainly turn over the documents.

— Harry Litman (@harrylitman) July 11, 2022

Meadows either breathtakingly incompetent, or criminal, or both.

— Harry Litman (@harrylitman) July 12, 2022

Wow -- Trump tried to call a witness last week. What an arrogant idiot.

— Harry Litman (@harrylitman) July 12, 2022

Secret service now on record that none of the texts the OIG was seeking were lost in the migration. Better hope that’s accurate— Won’t be able to walk it back easily if it’s wrong.Looking forward to discussing on @AliciaOnMSNBC w/ guest host @KatiePhang & @MalcolmNance at 7 pm ET

— Harry Litman (@harrylitman) July 16, 2022

Fulton County subpoenas require testimony on July 12 (tomorrow), so look for a flurry of objections and probably lousy arguments to be filed in the next day by the 7 witnesses, which include Graham, Giuliani, and Eastman.

— Harry Litman (@harrylitman) July 11, 2022

The hearing is basically teaching us the culture of the alt-right that is foreign to us and in fact hard to believe. But it's deadly serious and the former president had the power -- in a sense it was his core power -- to call them into action.

— Harry Litman (@harrylitman) July 12, 2022

Brad Parscale: " A sitting President asking for civil war"

— Harry Litman (@harrylitman) July 12, 2022

why now you might say?
Roger Stone and his wife have agreed to owing more than $2 million to the IRS to settle a suit alleging the associate of former President Donald Trump hid income from the U.S., they told a Florida federal court Friday

— Harry Litman (@harrylitman) July 15, 2022

There's a certain satisfaction is seeing Bannon, who likes to pretend he's a swashbuckling pirate, reduced to a meek supplicant before the prospect of jail and the crucible of the Court. And there will be more as he tries to smuggle in BS defenses at trial. Ever thus w/ rogues.

— Harry Litman (@harrylitman) July 17, 2022

Harry's Hits: Week of July 3, 2022

MEDIA HITS

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HARRY APPEARS ON THE LAST WORD TO DISCUSS CIPOLLONE’S JAN. 6 COMMITTEE TESTIMONY

JULY 8 2022

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TOP TWEETS THIS WEEK

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You can be sure that before Cipillone agreed to the videotaped depo, he broadly consulted other Washington establishment R types, inc Barr, who told him that especially after the Hutchinson testimony, he needed to make a better effort at cooperation.

— Harry Litman (@harrylitman) July 9, 2022

Count me as a skeptic that Steve Bannon will testify to the J6C. He'll insist on ground rules that they'd be crazy to permit, and they're not crazy. And of course it's a ploy from his standpoint to help him in his trial, scheduled to being in a week.

— Harry Litman (@harrylitman) July 10, 2022

Judging from her staunch defense of Hutchinson against the phony-baloney critiques, and her having resigned the evening of January 6, former deputy press secretary Sarah Matthews likely to be a very strong witness against Trump next week.

— Harry Litman (@harrylitman) July 9, 2022

Harry's Hits: Week of June 26, 2022

MEDIA HITS

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LA TIMES: A TERRIBLE, HORRIBLE, NO GOOD, VERY BAD SUPREME COURT DECISION

JUNE 26, 2022

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TOP TWEETS THIS WEEK

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yes all kinds of criminal behavior, but quite apart from that the former President of the United States is such a deeply deeply sick man.

— Harry Litman (@harrylitman) June 28, 2022

Secret Svc says the agent in the car when Trump supposedly lurched for the wheel will talk to the committee. Hutchinson atty says rightly it should be under oath.But the real person who sh testify is Ornato, who made the statement. Prediction: he’s an arch-loyalist and won’t show

— Harry Litman (@harrylitman) June 29, 2022

an unmitigated disaster of a Supreme Court Term. and only 25 or so more to go...

— Harry Litman (@harrylitman) June 30, 2022

According to prosecutors, Stewart Rhodes, lead Oath Keeper charged w/ seditious conspiracy, is having his legal bills paid from a fund run and furnished by ...............Sidney Powell.

— Harry Litman (@harrylitman) July 1, 2022

And one more critical detail of Hutchinson’s testimony that shouldn’t be lost in the cannon blasts: Meadows planned to go to the war room January 5. Tangible indication of connection to the Flynn Stone axis that is a possible bridge conspiracy between terrorists and White House.

— Harry Litman (@harrylitman) July 3, 2022

The dispute about whether Trump grabbed the wheel or not is a side show. In any event it does nothing to undermine Hutchinson‘s credibility. The person who needs to testify about it is the man she sent me the statement, Ornato. And he should be testifying anyway after yesterday.

— Harry Litman (@harrylitman) June 29, 2022

A small but important detail that shouldn’t get lost in the tsunami of revelations. Cipollone has to go to Hutchinson to plead with her to tell Meadows not to let Trump to the capital because Meadow’s not responding to him.

— Harry Litman (@harrylitman) June 30, 2022

A few points on the potential witness tampering charge against Meadows: 1) it is not a small matter; DOJ in particular takes it very seriously and it fires them up; 2) it is in fact the same statute -- §1512--as the potential lead charge of delaying the Jan 6 hearing;

— Harry Litman (@harrylitman) July 1, 2022

After what she achieved this week, and has come to represent, Liz. Cheney’s treatment at the hands of Kevin McCarthy is truly scandalous. It would be sweet justice if the J6 committees work winds up exposing McCarthys derelictions and keeping him from becoming speaker.

— Harry Litman (@harrylitman) July 1, 2022