Professor Dan Hemel on Twitter
(Apr. 19, 2019, 12:02 PM) <https://twitter.com/DanielJHemel/status/1119315342432571393>:
“Trump told White House Counsel Don McGahn to
lie to Robert Mueller. Trump’s best
defense? That he really wanted McGahn to lie to 330 million people, of whom Mueller
was only one.” (emphasis added)
Scott R. Anderson et al., What Mueller Found on Russia and on Obstruction: A First Analysis, Lawfare (Apr. 18, 2019, 11:43 PM), <https://www.lawfareblog.com/what-mueller-found-russia-and-obstruction-first-analysis> (characterizing Mueller’s report as: “creating a rigorous factual record concerning both Russian intervention in 2016 and presidential obstruction of the effort to investigate that intervention” (emphasis added)).
On Conlawprof,
Professor AAA wrote: “Judge Wright’s findings
[from Clinton v.
Jones]
are no less damning (probably more) than those of Mr. Mueller.” (emphasis added).
Tillman responds:
I, for one, do not see
any obvious equivalence between an unbiased independent judge’s “findings” in an opinion after
the parties have had notice and opportunity to be heard, and a prosecutors office’s
report which attempts to marshal one side of the evidence—where the object of the investigation (i.e.,
investigation=failed prosecution) has no opportunity to respond. As far as I know, the Special Counsel's report is not even sworn to, as one would swear (or affirm) to any ordinary affidavit or declaration offered into evidence.
Seth
Seth Barrett Tillman, Twitter, Lawfare, and Conlawprof, New Reform Club (Apr. 19, 2019,
3:45 PM), <https://reformclub.blogspot.com/2019/04/today-on-lawfare-and-on-conlawprof.html>.
Welcome Instapundit Readers!
Have a look around New Reform Club—my co-bloggers do good work.
5 comments:
Lawfare has become a complete joke in all of this. And that is a real shame since it was a good organization doing important work. There are some lawyers and professors who at least claim to be on the right whose reputations should never recover from this debacle. Certainly, those at lawfare, the Volokh Conspiracy and Ken White are a good start on the list of people who should no longer be taken seriously again.
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