Trump’s Legal Tweets Are Not Good

 

President Trump is tweeting once again about the Roger Stone trial and the need for a retrial. I suppose he thinks he’s clever because he is just quoting noted bonehead Andrew Napolitano. It’s bad for two reasons:

First, Barr has asked him to knock it off. If Barr ends up leaving over this it is all over – any chance of getting to the bottom of the Russia story is done. There is no Plan B at this point.

Second, Justice Department guidelines forbid prosecutors from tweeting or talking about cases outside of the pleadings and court proceedings, except in very general ways. The President, who oversees DOJ, should be abiding by the same rules.

The President has been fortunate that his enemies have made so many mistakes and consistently overreached because of their blind hatred. But the President’s lack of discipline and impulsiveness creates its own problems.

There are plenty of things the President can, and should, tweet about. This is not one of them.

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  1. Gumby Mark (R-Meth Lab of Demo… Coolidge
    Gumby Mark (R-Meth Lab of Demo…
    @GumbyMark

    I see the title of my post was changed when promoted to the Main Feed from Not Good to Trump’s Legal Tweets Are Not Good.  I wrote the post in the specific circumstances of the President’s recent tweets regarding the Stone case and Barr’s comments.  While in general I’d prefer the President to stay away from commenting on legal proceedings I’m not prepared to say as a blanket matter he should do so in all circumstances.  I don’t remember what he was tweeting about the Mueller investigation while it was ongoing but as he was a target and, at the time had no one at DOJ to defend him, tweets may have been appropriate.

    • #31
  2. cdor Member
    cdor
    @cdor

    I do not believe that every Trump tweet is some 3D chess move in a multi galactic universe. Sometimes POTUS just makes a stupid mistake. So, what’s new about that? From absolutely day one of my determination to support Trump I have known there would be cringe-worthy moments. He has not disappointed. What I didn’t know from day one was how many good things he would do and how much vile antagonism and treachery he would have to absorb and/or fend off. If tweeting is his release, then I have to cut him slack, knowing that nothing he could do would change the attitude of his totally disloyal opposition in any event.

    • #32
  3. Clifford A. Brown Member
    Clifford A. Brown
    @CliffordBrown

    Gumby Mark (R-Meth Lab of Demo… (View Comment):

    Jager (View Comment):

    I am kind of all over the place on this.

    I agree that this is not particularly wise and wish he would stop Tweeting about Stone. Barr stepped in and reduced the recommendation. If it is still a problem for Trump he can pardon Stone.

    I disagree with your discussion of Trump following DOJ regulations and “the boss needs to follow the rules”. The Constitution places sole executive power with the President. The DOJ can not produce regulations that bind the sitting President.

    He gets to say whatever he wants when ever he wants, that does not make this a good idea to tweet about.

    And when the Judiciary, a co-equal branch, reacts in a way that Trump doesn’t like and can’t do a thing about, you can thank the President.

    This assumes the Article III courts are not already politically loaded and already acting against President Trump and the voters who got out of their place and voted for him. 

    • #33
  4. Gumby Mark (R-Meth Lab of Demo… Coolidge
    Gumby Mark (R-Meth Lab of Demo…
    @GumbyMark

    Clifford A. Brown (View Comment):

    Gumby Mark (R-Meth Lab of Demo… (View Comment):

    Jager (View Comment):

    I am kind of all over the place on this.

    I agree that this is not particularly wise and wish he would stop Tweeting about Stone. Barr stepped in and reduced the recommendation. If it is still a problem for Trump he can pardon Stone.

    I disagree with your discussion of Trump following DOJ regulations and “the boss needs to follow the rules”. The Constitution places sole executive power with the President. The DOJ can not produce regulations that bind the sitting President.

    He gets to say whatever he wants when ever he wants, that does not make this a good idea to tweet about.

    And when the Judiciary, a co-equal branch, reacts in a way that Trump doesn’t like and can’t do a thing about, you can thank the President.

    This assumes the Article III courts are not already politically loaded and already acting against President Trump and the voters who got out of their place and voted for him.

    Having dealt directly with Federal judges I can assure you Trump’s recent tweets are not going to sit well with many in the judiciary regardless of political views.

    • #34
  5. Gumby Mark (R-Meth Lab of Demo… Coolidge
    Gumby Mark (R-Meth Lab of Demo…
    @GumbyMark

    cdor (View Comment):

    I do not believe that every Trump tweet is some 3D chess move in a multi galactic universe. Sometimes POTUS just makes a stupid mistake. So, what’s new about that? From absolutely day one of my determination to support Trump I have known there would be cringe-worthy moments. He has not disappointed. What I didn’t know from day one was how many good things he would do and how much vile antagonism and treachery he would have to absorb and/or fend off. If tweeting is his release, then I have to cut him slack, knowing that nothing he could do would change the attitude of his totally disloyal opposition in any event.

    I agree with everything you’ve said.  My concerns here have nothing to do with changing the attitude of the opposition.

    • #35
  6. thelonious Member
    thelonious
    @thelonious

    Does Trump know he can pardon Stone? Why make a fuss over sentencing if he can just pardon him. I was going to write Trump is being impulsive but when is he not impulsive. In this instance it’s not serving him well.

    • #36
  7. Jager Coolidge
    Jager
    @Jager

    In positive news Trump is out this afternoon praising Barr as a straight shooter and admitting that he does make Barr’s job harder.

    https://www.usatoday.com/story/news/politics/2020/02/18/donald-trump-praises-ag-william-barr-says-i-do-make-his-job-harder/4795212002/

     

    • #37
  8. Gumby Mark (R-Meth Lab of Demo… Coolidge
    Gumby Mark (R-Meth Lab of Demo…
    @GumbyMark

    Jager (View Comment):

    In positive news Trump is out this afternoon praising Barr as a straight shooter and admitting that he does make Barr’s job harder.

    https://www.usatoday.com/story/news/politics/2020/02/18/donald-trump-praises-ag-william-barr-says-i-do-make-his-job-harder/4795212002/

    Good move!

     

    • #38
  9. Henry Racette Member
    Henry Racette
    @HenryRacette

    In the Venn diagram of my life, President Trump’s tweeting remains stubbornly disjoint with the domain of my influence — and it isn’t for want of trying on my part.

    I wish he’d tweet less; I’m no longer confident that I know when his tweets are helpful and when they’re harmful. I guess I’ve grown to doubt the degree to which my own sensibilities overlap those of my compatriots.

    I’ll vote for the guy in November. I expect him to continue to alternately please and frustrate me for another five years.

    • #39
  10. The Cloaked Gaijin Member
    The Cloaked Gaijin
    @TheCloakedGaijin

    As Glenn Reynolds / Instapundit posted or quoted someone 5 days ago — before the complete cowardly McCabe sham:

    “On the other hand:

    ‘You know what would stop Trump tweeting about the DOJ?  Throw someone in ******* prison already. We can see you Deep State ********.’ — Twitter user, The OG Hillbilly”

    Barr’s Justice Department is now almost as big a disgrace as the the FBI.  I’d like to see how brilliant Mr. Barr is going to try to patch this Hindenburg-sized mess…

    • #40
  11. Henry Racette Member
    Henry Racette
    @HenryRacette

    Gumby Mark (R-Meth Lab of Demo… (View Comment):

    I see the title of my post was changed when promoted to the Main Feed from Not Good to Trump’s Legal Tweets Are Not Good. I wrote the post in the specific circumstances of the President’s recent tweets regarding the Stone case and Barr’s comments. While in general I’d prefer the President to stay away from commenting on legal proceedings I’m not prepared to say as a blanket matter he should do so in all circumstances. I don’t remember what he was tweeting about the Mueller investigation while it was ongoing but as he was a target and, at the time had no one at DOJ to defend him, tweets may have been appropriate.

    [ I also have bumped up against our Editors’ preferences vis a vis post titles. I actually changed it twice, before being told that the Editor really preferred his (her?) own formulation. I gave up, though I still disagreed. — H. ]

    • #41
  12. Stad Coolidge
    Stad
    @Stad

    Gumby Mark (R-Meth Lab of Demo… (View Comment):
    No, it’s stupid when your AG, your best line of defense, has publicly told you to knock it off.

    And when he isn’t going to prosecute someone who should be breaking rocks for 20 years (McCabe).

    Trump uses tweets as a weapon, and when his own people make questionable decisions?  Well, you shoulda known better before you took the job . . .

    • #42
  13. Clifford A. Brown Member
    Clifford A. Brown
    @CliffordBrown

    Gumby Mark (R-Meth Lab of Demo… (View Comment):

    Clifford A. Brown (View Comment):

    Gumby Mark (R-Meth Lab of Demo… (View Comment):

    Jager (View Comment):

    I am kind of all over the place on this.

    I agree that this is not particularly wise and wish he would stop Tweeting about Stone. Barr stepped in and reduced the recommendation. If it is still a problem for Trump he can pardon Stone.

    I disagree with your discussion of Trump following DOJ regulations and “the boss needs to follow the rules”. The Constitution places sole executive power with the President. The DOJ can not produce regulations that bind the sitting President.

    He gets to say whatever he wants when ever he wants, that does not make this a good idea to tweet about.

    And when the Judiciary, a co-equal branch, reacts in a way that Trump doesn’t like and can’t do a thing about, you can thank the President.

    This assumes the Article III courts are not already politically loaded and already acting against President Trump and the voters who got out of their place and voted for him.

    Having dealt directly with Federal judges I can assure you Trump’s recent tweets are not going to sit well with many in the judiciary regardless of political views.

    Yes. And that should cause them do do a bit of introspection. What have they done to police their own ranks? This is just another section of the Aegean Stables that need a high pressure wash.

    • #43
  14. Clifford A. Brown Member
    Clifford A. Brown
    @CliffordBrown

    Good for President Trump, reminding us of how the Constitution actually works. There is no such thing as an independent power or authority in an Attorney General. The president is our chief law enforcement officer, and he is the one who is held accountable by Congress and the voters.

    Q Do you have confidence in your Attorney General? First —

    THE PRESIDENT: Yeah, I have total confidence in my Attorney General.

    Q And do you agree with his statement that he — that you should stop tweeting about Justice Department issues?

    THE PRESIDENT: Well, people like that. But, you know, everybody has the right to speak their mind. And I use social media. I guess I use it well, because here I am. I’m here. And I probably wouldn’t have gotten here without social media because I certainly don’t get fair press.

    So I wouldn’t have gotten here without social media and, perhaps, with all of the hoaxes. You had the impeachment hoax, you had the Mueller hoax, you had the “Russia, Russia, Russia” nonsense. All scams. And if I didn’t have social media, I probably wouldn’t be here. So I’m very happy with social media.

    But I think he’s doing an excellent job. He’s a strong guy. I never spoke to him about the Roger Stone situation. Roger Stone, just so you know, never worked — he didn’t work for my campaign. There might’ve been a time — way early, long before I announced — where he was somehow involved a little bit. But he was not involved in our campaign at all. And I think it was a very, very rough thing that happened to Roger Stone.

    Because when you look what happened with Comey after a 78-page, horrific report, when you look at what happened to McCabe with a recommendation of prosecution, and you look at all of these other people, and then you look at what happened to General Flynn, a highly respected man — look at — I mean, his life has been destroyed. If you’re looking at Roger Stone for a tweet and some other things — you take a look at what’s happening to these people. Somebody has to stick up for the people.

    So, my social media is very powerful. I guess, Mark Zuckerberg just recently said, “Trump is number one in the world” on social media, which is a very nice statement, I guess. Certainly it’s something you can be at least a little bit proud of. But it means I have a voice so I’m able to fight the fake news.

    Q Has the Attorney General threatened to resign over your tweets? And then, also, he said that your comments on Twitter are making it “impossible” to do his job. Are you making his job impossible?

    THE PRESIDENT: Well, but it allows me — yeah, I do make his job harder. I do agree with that. I think that’s true. He’s a very straight shooter. We have a great Attorney General, and he’s working very hard. And he’s working against a lot of people that don’t want to see good things happen, in my opinion. That’s my opinion, not his opinion. That’s my opinion. You’ll have to ask what his opinion is.

    But I will say this: Social media, for me, has been very important because it gives me a voice, because I don’t get that voice in the press. In the media, I don’t get that voice. So I’m allowed to have a voice.

    Q Do you think he could still do his job with integrity, though?

    THE PRESIDENT: Oh, yeah.

    Q He says it’s making it hard for him to do his job with integrity.

    THE PRESIDENT: He’s a very — he’s a man with great integrity. The Attorney General is a man with incredible integrity.

    Now, just so you understand, I chose not to be involved. I’m allowed to be totally involved. I’m actually, I guess, the chief law enforcement officer of the country, but I’ve chosen not to be involved.

    But he is a man of great integrity. But I would be — I could be involved if I wanted to be.

    • #44
  15. The Reticulator Member
    The Reticulator
    @TheReticulator

    Bob Thompson (View Comment):
    Here’s something I see invariably when the ‘resistance’

    By “the resistance” you mean “the stonewallers,” right? 

    • #45
  16. cdor Member
    cdor
    @cdor

    I was trying to post the video of Trump’s impromptu news conference, but Jager has it posted:

    In positive news Trump is out this afternoon praising Barr as a straight shooter and admitting that he does make Barr’s job harder.

    https://www.usatoday.com/story/news/politics/2020/02/18/donald-trump-praises-ag-william-barr-says-i-do-make-his-job-harder/4795212002/

    Trump sounds like someone who knows exactly what he is doing. I hope so. Bill Barr does not seem like someone who faints with a small breeze. I think he and Trump are on the same page. The wheels of Justice grind slowly, especially when it’s the swamp being investigated. We all would like to see Barr in an accelerated mode.

    • #46
  17. The Reticulator Member
    The Reticulator
    @TheReticulator

    Henry Racette (View Comment):

    Gumby Mark (R-Meth Lab of Demo… (View Comment):

    I see the title of my post was changed when promoted to the Main Feed from Not Good to Trump’s Legal Tweets Are Not Good. I wrote the post in the specific circumstances of the President’s recent tweets regarding the Stone case and Barr’s comments. While in general I’d prefer the President to stay away from commenting on legal proceedings I’m not prepared to say as a blanket matter he should do so in all circumstances. I don’t remember what he was tweeting about the Mueller investigation while it was ongoing but as he was a target and, at the time had no one at DOJ to defend him, tweets may have been appropriate.

    [ I also have bumped up against our Editors’ preferences vis a vis post titles. I actually changed it twice, before being told that the Editor really preferred his (her?) own formulation. I gave up, though I still disagreed. — H. ]

    Just like the MSM, where the headline doesn’t always match the content of the article. 

    • #47
  18. The Cloaked Gaijin Member
    The Cloaked Gaijin
    @TheCloakedGaijin

    Speaking of Roger Stone, after the 2016 election, I remember watching countless videos of election night coverage to see how different people reacted to Trump’s 2016 victory.  Roger Stone was convinced or acted like he was convinced that the election was going to be stolen through election fraud. 

    I think Roger Stone was as surprised as anyone else that Trump won.

    I think this is part of what I watched later: (https://www.youtube.com/watch?v=VrtfTn4un40)

    • #48
  19. Bob Thompson Member
    Bob Thompson
    @BobThompson

    The Reticulator (View Comment):

    Bob Thompson (View Comment):
    Here’s something I see invariably when the ‘resistance’

    By “the resistance” you mean “the stonewallers,” right?

    Those trying to take Trump out of his elected office.

    • #49
  20. Unsk Member
    Unsk
    @Unsk

    The fact is Gumby that the jury is still out on Barr.

    He has not produced. Yet.  Maybe he will. But maybe he won’t. 

    Barr  was directed to declassify reams of documents at his discretion which would have informed the public of the unbelievable criminal behavior of our senior government officials at the FBI,CIA and DOJ. 

    He has to my knowledge not declassified one document. How can this be?  If Barr had declassified the vast majority of these documents that pertain to the assault on Trump, his job would have been much easier, but no he has chosen to remain silent which gives the impression that there is really nothing wrong when there are monumental wrongs being perpetuated in his own department under his authority.

    The illegal frame -ups of all of Trump advisors, the illegal behavior of the FBI,CIA  and DOJ, the spying on the American People and the President , the fraudulent FISA warrants,  and the conduct of all these  judges  in virtually every one of these trials is a huge almost indelible black mark  on our Justice system. 

    To be complaining about Trump’s tweets in the face of all this government criminality  is like pissing in the ocean  to put more water in it. 

    While Stone and Flynn are being tried in a courtroom, Trump is being tried in the court of Public Opinion. Hardly anyone appointed to his administration in this regard has defended Trump under the most vicious, unwarranted  and illegal assault- no -attempted coup in our history.   Trump has a right to defend himself and a duty to let the public know when our government has run afoul of the law which it most definitely has.  I would be very upset if Trump didn’t tweet about the duplicitous and illegal behavior of Barr’s  DOJ. Stone and Flynn are being unjustly tried .  Barr has to take responsibility for these phony show trials. They are on his watch. Damn you Gumby for complaining about Trump standing up for Justice.  To hell with these criminally inclined judges. 

    The fact is that Barr has a difficult choice to make. He can either choose to follow the Constitution and prosecute the mountain of criminality in the DOJ,FBI and CIA or he can cover it up with some sort  partial prosecutions here and there that don’t  reveal the extent of the all the crimes against Trump and the American People.  He seems unfortunately to be trying to find a way to thread the needle to do the second option, which he should be  forever damned for if he tries it. 

    • #50
  21. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Susan Quinn (View Comment):

    It’s stupid–you can even forget the right/wrong argument–for Trump to be tweeting. If Barr leaves, it would serve him right.

    There is no right or wrong.  Only winning and losing.

    • #51
  22. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Henry Racette (View Comment):

    In the Venn diagram of my life, President Trump’s tweeting remains stubbornly disjoint with the domain of my influence — and it isn’t for want of trying on my part.

    I wish he’d tweet less; I’m no longer confident that I know when his tweets are helpful and when they’re harmful. I guess I’ve grown to doubt the degree to which my own sensibilities overlap those of my compatriots.

    I’ll vote for the guy in November. I expect him to continue to alternately please and frustrate me for another five years.

    Why do you care what he tweets?  Do you use tweeter.

    • #52
  23. Henry Racette Member
    Henry Racette
    @HenryRacette

    Fake John/Jane Galt (View Comment):

    Henry Racette (View Comment):

    In the Venn diagram of my life, President Trump’s tweeting remains stubbornly disjoint with the domain of my influence — and it isn’t for want of trying on my part.

    I wish he’d tweet less; I’m no longer confident that I know when his tweets are helpful and when they’re harmful. I guess I’ve grown to doubt the degree to which my own sensibilities overlap those of my compatriots.

    I’ll vote for the guy in November. I expect him to continue to alternately please and frustrate me for another five years.

    Why do you care what he tweets? Do you use tweeter.

    My Faux friend, no, I began and ended my Twitter presence in 2008.

    I care what he tweets for the same reason I care what he says and does: because I want us to win — us meaning Republicans and conservatives — and I want him to make it as easy as possible for us to do that. Every good tweet helps; every bad tweet hurts. That’s why I care.

     

    • #53
  24. Jon1979 Inactive
    Jon1979
    @Jon1979

    Gumby Mark (R-Meth Lab of Demo… (View Comment):

    Jager (View Comment):

    In positive news Trump is out this afternoon praising Barr as a straight shooter and admitting that he does make Barr’s job harder.

    https://www.usatoday.com/story/news/politics/2020/02/18/donald-trump-praises-ag-william-barr-says-i-do-make-his-job-harder/4795212002/

    Good move!

     

    Trump’s the boss, but he definitely does not need to put his AG in the mood to simply walk away because he’s being treated in the same way Trump treated Jeff Sessions (and where, after today’s actions involving Blago, Kerik and the others, you know Stone’s getting a pardon from Trump before he leaves office, and probably after the November election’s over. So he’s just making Barr’s life tougher here for the fun of stirring shirt up with the Democrats and the media, and there are about 50 other ways he can do that every day).

    • #54
  25. Al Kennedy Inactive
    Al Kennedy
    @AlKennedy

    Below is a summary of the points frequently made as to whether President Trump should or should not tweet on the Department of Justice, federal judges, and trials under litigation.  The points don’t apply to tweets on other topics.  Take your choice.  I’m in the SHOULD NOT camp.

    President Trump SHOULD continue to tweet on the Department of Justice (DOJ), federal judges and trials under litigation.

    • It’s the best way to communicate his thoughts to his followers and force them to reflect on the problems of the swamp.
    • Attorney General Barr is not aggressive enough and has been too slow in bringing miscreants into court.
    • Trump is Barr’s boss and Barr should simply do what he is told.
    • The truth about the Trump-Russia scandal will never be known so what Trump tweets about is not important.

    President Trump SHOULD NOT continue to tweet on the DOJ, federal judges and trials under litigation.

    • Cases brought by the DOJ are tried in Washington D.C. The juries are peopled by individuals who are overwhelming anti-Trump.  In the case of Stone, the Grand Jury did not vote for a true bill the first time it voted.
    • The DOJ represents the entire population of the United States and must provide and encourage justice for those who support Trump and those who don’t.  Trump’s tweets encourage the belief that the DOJ is politicized, and will seek “justice” only for Trump supporters.  In the case of Stone, Barr had already made his decision to not recommend a sentence, but it was publically announced only after Trump’s tweet, so it appeared he was simply doing what Trump wanted.
    • Barr may resign. The president will have trouble finding a replacement and having them approved.  It will have a negative effect on Durham’s investigation and may delay the results.  A Barr resignation could have a negative effect on Trump’s re-election chances.
    • Trump can give his perspective to Barr privately. The president can pardon Stone if he does not like the sentence given to Stone by the judge.
    • #55
  26. Ed G. Member
    Ed G.
    @EdG

    Al Kennedy (View Comment):
    President Trump SHOULD continue to tweet on the Department of Justice (DOJ), federal judges and trials under litigation.

    Al, this isn’t really the point being argued or defended. It’s more like: President Trump should continue to tweet when it’s justified, or he shouldn’t refrain from tweeting just because the subject is DOJ, federal judges, trials under litigation, as if he has no legitimate authority or justification to do so.

    • #56
  27. Ed G. Member
    Ed G.
    @EdG

    Al Kennedy (View Comment):
    It’s the best way to communicate his thoughts to his followers and force them to reflect on the problems of the swamp.

    It’s the best way for him to communicate period. Tweeting allows him to set, alter, and maintain the national conversation without heed of gatekeepers. He’s right: without Twitter he wouldn’t be where he is and the conversation could be shaped by the legacy MSM as it used to be. That includes communicating important double standards, injustices, and weaponization of law and public function quite beyond the specifics of Roger Stone.

    • #57
  28. Ed G. Member
    Ed G.
    @EdG

    Al Kennedy (View Comment):
    Attorney General Barr is not aggressive enough and has been too slow in bringing miscreants into court.

    This is neither justification for nor argument against tweeting. It’s yet to be determined whether Barr is aggressive enough or too slow. So far we’ve heard a lot if talk and seen hard passes on real opportunities to press consequences (Comey and McCabe). Perhaps bigger us yet to come. Perhaps. We’ll  see. 

    • #58
  29. Ed G. Member
    Ed G.
    @EdG

    Al Kennedy (View Comment):
    Trump is Barr’s boss and Barr should simply do what he is told.

    This too has nothing to do with Tweeting. However, it’s true in many senses, and it’s only mentioned in response to arguments that Trump needs to follow the rules (which rules?) and arguments supporting DOJ (or state department or Pentagon or whoever) telling the president how things must proceed. Of course he should listen to counsel, but it’s his call in the end.

    • #59
  30. Ed G. Member
    Ed G.
    @EdG

    Al Kennedy (View Comment):
    The truth about the Trump-Russia scandal will never be known so what Trump tweets about is not important.

    I honestly don’t see what one has to do with the other and I don’t see anyone making this argument. 1) Yes there is pessimism about seeing real consequences for some of the biggest scandals in our history. 2) What Trump tweets is important politically as it sets and alters the conversation in the news cycle, but it really doesn’t and shouldn’t impact the rulings of a judge. 

    • #60
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