Harry's Hits: Week of September 11, 2022

HARRY APPEARS ON DEADLINE WHITE HOUSE TO DISCUSS ORNATO IN CASSIDY HUTCHINSON’S STORY

September 14, 2022

"Who's the source of the story that Cassidy Hutchinson told? Ornato. He actually was the one who she reports said these things and that he now backs away from them, means they really have to interview him" - @harrylitman w/ @NicolleDWallace pic.twitter.com/uDfUJxBCA0

— Deadline White House (@DeadlineWH) September 14, 2022

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HARRY DISCUSSES DESANTIS SENDING MIGRANTS TO NEW YORK AND WASHINGTON TO PROTEST BORDER CONCERNS

September 15, 2022

"They ought to bring a civil action to enjoin DeSantis and enjoin anyone else from messing with what is a quintessential... tough problem... This is a quintessential problem for the federal government" - @harrylitmanw/ @NicolleDWallace pic.twitter.com/VdqDY27jnS

— Deadline White House (@DeadlineWH) September 15, 2022

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Opinion based on an extraordinary and incoherent proposition: that government docs classified and so marked by Gov may not be classified

— Harry Litman (@harrylitman) September 15, 2022

I mean really how can you rebut this one?
“Despite multiple opportunities, Plaintiff [never said he declassified]—much less supported such a representation w/ competent evidence. The court erred in granting extraordinary relief based on unsubstantiated possibilities.”

— Harry Litman (@harrylitman) September 17, 2022

Cannon opinion is a lot of things—mostly bad—but one thing it really is is unjudicious.

— Harry Litman (@harrylitman) September 16, 2022

Harry's Hits: Week of September 5, 2022

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HARRY DISCUSSES MAR-A-LAGO DOCUMENTS ON CBS EVENING NEWS

September 5, 2022

A federal judge decided Monday to authorize a special master to review the documents seized during the FBI search of fmr. Pres. Trump's home last month.
@CostaReports reports on this latest turn in the probe: pic.twitter.com/l1BeaTiZd3

— CBS Evening News (@CBSEveningNews) September 5, 2022

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HARRY JOINS NICOLLE WALLACE ON DEADLINE WHITE HOUSE TO DISCUSS TRUMP’S TAKING OF CONFIDENTIAL DOCUMENTS

SEPTEMBER 7, 2022

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LA TIMES COLUMN: THE SPECIAL MASTER ORDER FOR TRUMP’S MAR-A-LAGO DOCUMENTS IS PERVERSE AND POTENTIALLY DISASTROUS

September 7, 2022

"It was already outrageous and alarming that he took them in the first place. We've now moved up and up and up five alarms... We are talking about the crown jewels, we are talking about info that could have existential stakes" - @harrylitman w/ @NicolleDWallace pic.twitter.com/RNQF0GzT39

— Deadline White House (@DeadlineWH) September 7, 2022

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DEADLINE WHITE HOUSE ASKS HARRY MORE ABOUT WHITE HOUSE DOCUMENTS IN MAR-A-LAGO CASE

September 9, 2022

I'm 0 for 1 handicapping Judge Cannon, but here I go again. Thanks very much as always @NicolleDWallace for having me in the discussion, esp w/ @CarolLeonnig & @SykesCharlie. https://t.co/i4vNWGS14Q

— Harry Litman (@harrylitman) September 9, 2022

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Cannon's opinion acknowledges that Rule 41 is reserved for exceptional circumstances and must be exercised w/ caution and restraint. Then she storms ahead like a bull in a china shop b/c it's possible that Trump may turn out to have some undefined interest down the line.

— Harry Litman (@harrylitman) September 5, 2022

Just to be clear, this is not a controversial statement: Judge Cannon has ruled that the attorney general of the United States may not look at lawfully seized fruits (nobody says otherwise) of a criminal investigation. That itself is a breathtaking overreach.

— Harry Litman (@harrylitman) September 6, 2022

New York DA indictment against Steve Bannon for essentially the same conduct – fraud in the bogus build the wall charity – the trump pardoned him on the federal side. He is due to surrender to New York authorities on Thursday. The law marches on.

— Harry Litman (@harrylitman) September 7, 2022

The DOJ filing is devastating on several of the errors in Cannon's opinion. It will tie both the judge and Trump in knots. Here are a few of the highlights.
1. She held that there could potentially be some interest for Trump in executive privilege materials.That was far-fetched

— Harry Litman (@harrylitman) September 8, 2022

They have told her that she is currently harming the national security. That must burn her, but she also must realize they’re probably right and she’s in no position to rebut it. And it’s another way of showing her complete misunderstanding of the separation of powers.

— Harry Litman (@harrylitman) September 9, 2022

Cannon gives Trump until Monday at 10 AM to file a response. She has to be hoping that he agrees to the partial stay to get her out of the mess she created. But it’s not in his DNA. But If he goes the “I declassified“ route, a cascade of troubles follow.

— Harry Litman (@harrylitman) September 9, 2022

I see the argument for not risking an even worse 11th circuit appeal but on top of everything else, her opinion casts a huge shadow over the prosecution itself because it implies he has some right to the documents. That has to be beaten back.

— Harry Litman (@harrylitman) September 5, 2022

I don’t believe that I’ve ever seen a court reject a proposed amicus brief, especially from eminent amici like the Former GOP prosecutors Cannon just refused to hear from. That’s now several bizarre & non-judicial moves, starting w/ her first announcement of intent to grant SM.

— Harry Litman (@harrylitman) September 6, 2022

Motion for stay should flush Trump out. Will he actually try to assert possessory interest in any of the classified documents? And after the public lambasting she’s taken, which she actually try to hold in his favor?

— Harry Litman (@harrylitman) September 8, 2022

This is not the sort of case that any young judge, however conservative, wants to be known by for all her career. And the DOJ is giving her a relatively face-saving out. It would be blunder on top of blunder if she doesn’t take advantage of it.

— Harry Litman (@harrylitman) September 9, 2022

Love how Trump and his lawyers have to be sweating it now. He can’t tell, or his lawyers can’t advance, his normal Orwellian whoppers, because there are serious consequences for lying in court. That fact has been as big a backstop for truth as anything in the last six years.

— Harry Litman (@harrylitman) September 9, 2022

Real headline of the filing: Trump isn’t making it easy for Cannon. She’s going to have to rule on the merits of the DOJ stay motion.

— Harry Litman (@harrylitman) September 10, 2022

Harry's Hits: Week of August 29, 2022

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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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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

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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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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

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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

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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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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

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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

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

JULY 17, 2022

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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