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Joyce, I would be interested in hearing your thoughts on this DOJ memo from May that @maddow broke on her show tonight. Seems as though twitterverse is all over the place with opinions. I know you are not 100% so only when you feel well enough!!

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Nutshell version: I didn't have the same reaction Maddow did to it. The additive effect of the memos is to put more eyes on these types of investigations, which is good for the rule of law and democracy. Prosecutors already know they need approval from the public integrity section in Washington (which has career, not political leadership) before they move ahead with one of these cases, but if we're talking about a presidential candidate or campaign falling under investigation, I think it's good to make sure the AG has eyes on it too. It won't keep matters from being pursued/prosecuted by good faith actors. But this does point to the need for DOJ to reinvent the way it educates the public about it's policies and processes - Maddow made a fair jump from the memo to the conclusions she reached, she's not a voting rights practitioner. DOJ needs to find new ways to educate more of the public about why it does what it does.

That's my off the cuff, nutshell version of this.

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Thank you thank you thank you!!! One last question….was it odd for Garland to keep that statute Barr put in place? I think my revolt was seeing that guys name included in any memo from Garland knowing what he had done to tarnish the reputation of the DOJ!

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I think that's exactly what happened - everyone sees he's retaining something from the Barr era and there's a lot of concern. In this case, the memo provides more eyes on election-related investigations and ensures they are elevated to the highest levels of the Department. In my judgment that's a good thing. You don't want someone out in the field making that judgement on their own without the experts in the public integrity section weighing in and the AG themself reviewing the evidence.

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Your insight will allow me to rest a bit easier tonight 😁 I pray that your Covid will stay minor & that the chicks are still doing well!!!!

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Sorry to hear of your COVID status. Glad your symptoms are mild. I hope all symptoms resolve quickly and completely.

Thank you for your insight into the significance of this defendant’s sentencing recommendation and it’s relation to Trump. Still hopeful here that DOJ will charge ALL who’ve participated in the big lie and insurrection. ~Colleen

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Thank you! Me too.

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This 3% MAGA lunatic threatened to kill his own kids (as traitors) if they told anyone what he'd done. He ought to get a hefty sentence for that alone. He's a danger to his own family.

Hoping you and your family are on the mend.

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Fascinating post. Feel better, Joyce.🌺

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Joyce, I hope you get better soon and your family does not get long covid, which one of my biggest fears. So far, I have not gotten covid, thankfully. BA.5 and BA.2.75 are vaccine immune evasive.

Thank you for your explanation of Federal Sentencing Guidelines.

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Again thank you for this info. Sorry you all have COVID and wish y’all a speedy and restful recovery. Chickens and cats are prescribed to accomplish this. And then there’s Biff! 💕Be still my heart.

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Biff woke me up this morning, so, there's that.

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Thank you for, yet again, your clear and careful writing on a subject most of us have pretty limited knowledge about. I hope you and your family continue to have the mildest of cases and make complete recoveries 😕

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So sorry you and your family have been hit by the virus. Please have an uneventful and swift recovery!

Thanks for continuing your insightful commentary. You are the next best thing to attending law school! Actually, much easier and fun.

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Law school really should be fun.

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Hope you all feel better soon!

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Oh Joyce! So very sorry you caught the bug, but Dingus looks highly capable of great snuggles.

The 101 on sentencing was a fantastic overview and much appreciated, especially the look forward to what must be upcoming indictments.

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I'm going to try and avoid boring y'all to death with sentencing talk, but I was the appellate chief in my office when the booker decision came down and spent a lot of time both in policy talks among the executive and judicial branch about how we'd handle the fall out as well as litigating individual cases. It's fair to say I'm obsessed with sentencing issues.

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Joyce,

This was VERY informative. I always appreciate your thoughtful and clear discussions of complex legal issues.

tom j...bluff park, al

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Very excited to read this from Joyce! But, first let me give kudos to Barb McQuade for her MSNBC oped this morning laying out the case for charging DT with manslaughter.

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Barb is one of my favorite people

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I'm sorry that you have Covid, hope the symptoms stay mild, and glad to see that you're in capable paws. It seems like the new variant is irresistible! Re: sentencing......Bannon's will be coming up. Will the custodians give him a haircut?

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HaHa!

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Another question- will he be allowed to wear three shirts in prison?

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Thank you for the clear explanation. I would also like to hear about the May DOJ memo that Rachel Maddow discussed last night. I hope that your Covid continues to be mild. We had it recently; my case pretty difficult, my husband’s very mild.

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I'm so sorry you had a tough go of it.

I took a first stab at answering your question about the memo up above, and maybe watch Maddow tonight for more?

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I hope you feel better soon, Joyce!

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Thank you!

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Hope you and your family feel better soon.

I have a question. Is there anyway that if DOJ decides not to prosecute they could still prevent him from running for any future office?

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No, I don't think this is DOJ's role. And I think even if he were convicted of something, he'd still try to litigate whether he could be on the ballot. Ultimately we need an electorate that won't tolerate a candidate with such disdain for the rule of law, the constitution and the people they're supposed to serve.

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