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Friday, April 19, 2019

Twitter, Lawfare, and Conlawprof

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. Trumps 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 judges findings in an opinion after the parties have had notice and opportunity to be heard, and a prosecutors offices report which attempts to marshal one side of the evidencewhere 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:

John said...

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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