Clark D Cunningham @ClarkGSULaw Twitter profile

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ The ruling by Judge Steve Jones rejecting Mark Meadows effort to move his prosecution to federal court "is incredibly bad news for the former president" Prof Cunningham @GeorgiaStateLaw tells Jan Wolfe @WSJ via @WSJ

Georgia Special Grand Jury Recommended Charges Against Lindsey Graham, Others in Election Probe

Separately, a federal judge has denied Mark Meadows’s request to move the Georgia charges against him to federal court.

www.wsj.com

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Clark D Cunningham

@ClarkGSULaw

7 months

1/ Having just now pled guilty, alleged Trump co-conspirator Scott Hall may become very important cooperating witness. According to the indictment, Hall was involved in much more than just Coffee County computer crimes. via @politico

Trump co-defendant pleads guilty in Georgia, becoming first to reach plea deal in election-subver...

Part of the plea deal for Scott Hall, a bail bondsman who breached election equipment, requires him to testify against other co-defendants.

www.politico.com

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Clark D Cunningham

@ClarkGSULaw

9 months

From end of CNN interview: "What Shafer filed today to get his case moved to federal court could be devastating for the former president. He explicitly places the entire responsibility for the fake electoral scheme squarely on Donald Trump."

Jeff Storobinsky

@jeffstorobinsky

9 months

8.22.23 3:25 PM ET True Legal Intelligence on Display as Brianna Keilar @brikeilarcnn hosts Professor Clark Cunningham W. Lee Burge Chair in Law & Ethics, Georgia State College of Law @ClarkGSULaw and CNN Legal Analyst Legal Analyst Norm Eisen @NormEisen (6:03 )

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ “Lately, there’s a clear trend: Trump has been on the losing side of several underlying legal battles." reports @byamberphillips @washingtonpost Prof Cunningham @GeorgiaStateLaw : The last day or two were really bad days for Donald Trump ...

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Clark D Cunningham

@ClarkGSULaw

9 months

"He is implicating Trump directly in the fake elector scheme. This seems to be a very important development in the case." Prof Cunningham @GeorgiaStateLaw thanks Jeff for the post.

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Clark D Cunningham

@ClarkGSULaw

9 months

He says, “I was acting at the direction of the President.” He does that because he's trying to get into federal court under a law that says even if you're not an officer of the United States, if you are acting under the officer's direction, you can get to federal court.

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ Prof Cunningham @GeorgiaStateLaw on Mark Meadows: "I think that the DA is making a very powerful argument against Mark Meadows' attempt to move his case to federal court."

CNN News Central - Clark Cunningham & Jamil Jaffer Panel on GA...

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Clark D Cunningham

@ClarkGSULaw

8 months

3/ “But Judge Jones states: ‘The Constitution does not provide any basis for executive branch involvement with State election and post-election procedures.’ "

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ "fewer fingerprints"?! Chesebro is the AUTHOR of many of most incriminating document in the alternate electors scheme. Lets start with the infamous Dec 6, 2020 memo:

Anthony Michael Kreis

@AnthonyMKreis

8 months

Chesebro has another benefit to standing alone: he only has conspiracy charges against him. He has fewer fingerprints on any false documents or record acts of unlawful coercion.

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ The ONLY reason given in Trump's motion to sever from co-def Chesebro whose trial is set for 10/23 is that his brand new lawyer Steve Sadow -hired 8/24 per AJC - has another trial scheduled to start in September. via @WSJ

Donald Trump Pleads Not Guilty in Georgia Election Case

www.wsj.com

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Clark D Cunningham

@ClarkGSULaw

9 months

"The indictment shows the incredible power brought to bear against Trump by using Georgia’s racketeering law - in addition to the 19 people charged, it encompassed “as many as 30 unindicted co-conspirators — over 160 separate acts in all.” Prof Cunningham @GeorgiaStateLaw said

Eric Segall

@espinsegall

9 months

My colleague Professor @ClarkGSULaw in the Times on RICO

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Clark D Cunningham

@ClarkGSULaw

8 months

4/ "And his whole argument is everything he did, he did as Chief of Staff. Well,if that's true, it appears he was breaking federal law. It's a really strong argument."

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Clark D Cunningham

@ClarkGSULaw

8 months

3/ "The District Attorney makes a really good point, which is that everything that Mark Meadows is accused of doing, she says was actually illegal under federal law, because it's illegal for a federal employee to use their official position to try to influence an election."

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Clark D Cunningham

@ClarkGSULaw

8 months

2/ “It appears that Trump’s primary defense is that as president he was obliged to assure the 2020 election was fair and free of fraud, and that his actions were justified by that duty,” Cunningham said.

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Clark D Cunningham

@ClarkGSULaw

4 months

1/ Prof Cunningham @GeorgiaStateLaw tells Atlanta's TV 11 Alive that Georgia could actually be the first place to get a trial going.

Trump legal team lodges new attempt to get Georgia election case thrown out

Donald Trump's legal team filed several new motions on Monday, the deadline for the majority of the RICO defendants to file motions in the case.

www.11alive.com

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Clark D Cunningham

@ClarkGSULaw

7 months

"Chesebro’s guilty plea is damaging for Trump’s defense because it is a “direct admission that the so-called alternate elector scheme was, in fact, a crime,” Prof Cunningham @GeorgiaStateLaw tells @WSJ cc: @espinsegall @AnthonyMKreis via @WSJ

Kenneth Chesebro Accepts Plea Deal in Trump Georgia Case

Chesebro is the second former legal adviser to Donald Trump to agree to cooperate with prosecutors in the case concerning efforts to overturn the former president’s 2020 election loss.

www.wsj.com

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Clark D Cunningham

@ClarkGSULaw

9 months

Jeffrey Clark is trying to bootstrap his attempted removal of the Special Grand Jury proceedings to removal of his indictment and claim they are a "civil-criminal hybrid" because notice to remove a civil case automatically stays the state court proceedings 28 USC 1446

Anna Bower

@AnnaBower

9 months

CLARK also says that he will be seeking "emergency relief against the State attempting to execute on any arrest warrants." This appears to be why, as eagle-eyed PACER watcher @johnhawkinson observed, Clark's attorney is seeking a TRO (temporary restraining order).

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Clark D Cunningham

@ClarkGSULaw

2 years

Feb 4 Free online attendance: Law and Corpus Linguistics Conference For online registration go to:

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Clark D Cunningham

@ClarkGSULaw

3 months

3/ As a expert witness in legal ethics I've looked at a lot of atty invoices. Nathan Wade's are the worst I've even seen. cc: @espinsegall @ChrisWTimmons @AnnaBower @stphnfwlr @katebrumback @KatiePhang @hugolowell

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Clark D Cunningham

@ClarkGSULaw

4 months

1/ Prof Cunningham @GeorgiaStateLaw tells @kaitlancollins on The Source @CNN "I think [DA Willis] should seriously consider taking a personal leave and step away from the office. That's about the only way this case just doesn't go right off the rails"

The Source With Kaitlan Collins

Kaitlan Collins is chasing the facts, asking the tough questions and connecting with her sources. - Powered by SnapStream Cloud Sharing

video.snapstream.net

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Clark D Cunningham

@ClarkGSULaw

7 months

1/ "The complaint contends Willis “improperly cherry-picked cases to further her personal political agenda” and asks the newly formed Prosecuting Attorneys Qualification Commission to initiate an investigation and take “appropriate measures” to sanction her."

Greg Bluestein

@bluestein

7 months

Just in: Top Senate Republicans seek to reprimand Willis over Trump charges, filing a formal complaint with the new DA oversight commission backed by GOP state lawmakers. #gapol

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Clark D Cunningham

@ClarkGSULaw

8 months

2/ "With luck, in federal court next Monday we'll hear Mark Meadows on the witness stand under oath being cross examined, which will make Monday a really remarkable event. "

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Clark D Cunningham

@ClarkGSULaw

4 months

1/ Clark D. Cunningham, a law and ethics professor at Georgia State University, reviewed Mr. Roman’s filing and questioned why it did not contain any proof of a relationship between the two prosecutors. Filing Claims ‘Improper’ Relationship

Filing in Georgia Trump Case Claims ‘Improper’ Relationship Between Prosecutors

A defendant in the election interference case is arguing that the district attorney overseeing it and a special prosecutor she hired should be disqualified.

www.nytimes.com

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Clark D Cunningham

@ClarkGSULaw

3 months

1/Prof Cunningham @GeorgiaStateLaw updated @maddow on Feb 12 Rachel Maddow Show @MSNBC on his Jan 24 NYT guest essay, Why Willis Should Step Aside: Gift article from NYT-can read for free without subscription.

Opinion | Why Fani Willis Should Step Aside in the Trump Case in Georgia (Gift Article)

The case is more important than any individual actor managing the prosecution.

www.nytimes.com

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ Prof Cunningham @GeorgiaStateLaw On GA electors incriminating Trump: "There are three of the so-called fake electors that are still left to be prosecuted: Latham Stills Shafer."

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Clark D Cunningham

@ClarkGSULaw

8 months

2/ "Sadow’s trial schedule isn’t a good reason to sever Trump and delay the case," Prof Cunningham @GeorgiaStateLaw told Jan Wolfe @WSJ “It’s not clear to me Sadow should have agreed to accept this employment given that conflict.”

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Clark D Cunningham

@ClarkGSULaw

3 months

3/In my view it would be an admirable, even courageous, thing if DA Willis took an absence and appointed one of her deputies as acting DA, allowing the case to stay on track and still in the control of the Fulton County DA office.

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Clark D Cunningham

@ClarkGSULaw

7 months

2/ Hall is focus of one of earliest overt acts of racketeering conspiracy alleged in indictment: email sent Nov 20 by David Shafer – then GA Rep Party chair – to Robt Sinners, lead man Trump Campaign in GA. Sinners worked hand-in-glove w/ Shafer to organize alternate electors

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Clark D Cunningham

@ClarkGSULaw

7 months

4/ Indictment further alleges Hall called former DOJ lawyer Jeffrey Clark on Jan 2, 2021 - spoke for 63 minutes.

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Clark D Cunningham

@ClarkGSULaw

4 years

1/ 4th Cir decision reinstating emolument lawsuit against Trump cites Cunningham-Egbert corpus linguistic research on original meaning of emolument, now published 36 Georgia State Law Review 465 first reported @AaronBlake

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Clark D Cunningham

@ClarkGSULaw

4 months

2/ “If Roman’s lawyer has actual evidence of an improper relationship between Willis and Wade, it was incumbent on her to make that part of her motion, such as by attaching sworn affidavits from witnesses with personal knowledge or authenticated documents,” Cunningham said

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Clark D Cunningham

@ClarkGSULaw

7 months

3/ Email says Hall “has been looking into the election ON BEHALF OF THE PRESIDENT at the request of David Bossie.” Bossie, Chair of Citizens United, was a “Senior Advisor” for Trump Campaign. Shafer asks Sinners “to help [Hall] as needed”

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ Prof Cunningham @GeorgiaStateLaw on The Source with Kaitlan Collins: On Mark Meadows case Kaitlan: "Mark Meadows, he is trying move his case to federal court. How likely do you believe it is that he is going to succeed how significant if he does?"

The Source With Kaitlan Collins - 9:02:59 pm - 9:07:15 pm

clip with Kaitlan! - Powered by SnapStream Cloud Sharing

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Clark D Cunningham

@ClarkGSULaw

3 months

1/ Prof Cunningham @GeorgiaStateLaw tells Michael Smerconish on CNN Why DA Willis should take leave of absence:

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Clark D Cunningham

@ClarkGSULaw

7 months

5/ Jan 2 is the day Clark asked top DOJ officials to send letter to GA Gov Kemp and House Speaker Ralston recommending they call special session of GA legislature that could set aside Biden win in GA.

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Clark D Cunningham

@ClarkGSULaw

7 months

6/ Indictment also ties Hall to Trump campaign atty Robt Cheeley and to conspiracy to intimidate Ruby Freeman on Jan 4. Next day, Jan 5, Hall & Cheeley allegedly exchange 4 phone calls, Cheeley then exchanges calls w/ Harrison Floyd – alleged ringleader of Freeman intimidation

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Clark D Cunningham

@ClarkGSULaw

3 years

Prof Clark Cunningham @GeorgiaStateLaw tells @DaveHWSB that Trump's attempts to pressure GA Sec of State and VP Pence should also be in Articles of Impeachment ATL TV2 Jan 8, 5pm

Dave Huddleston

@DhuddlestonAtl

3 years

A GSU law professor says one of the articles of impeachment could ban President Trump from ever running for public office again. Here the interview at 5 on ⁦ @wsbtv ⁩

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Clark D Cunningham

@ClarkGSULaw

4 years

Analysis of what was actually said at Constutional Convention makes clear that doing a complete inquiry to get at the truth is exactly the purpose of impeachment. Limiting Senate inquiry ignores Founders' intent for impeachment via @ConversationUS

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ Prof Cunningham @GeorgiaStateLaw on The Source with Kaitlan Collins: On Trump's motion to sever. Kaitlan: "We saw today Trump's attorney says he cannot go to trial in October because another trial is taking place in that timeframe."

The Source With Kaitlan Collins - 9:02:59 pm - 9:07:15 pm

clip with Kaitlan! - Powered by SnapStream Cloud Sharing

video.snapstream.net

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Clark D Cunningham

@ClarkGSULaw

7 months

7/ finally Cheeley calls Hall back cc @GeorgiaStateLaw @espinsegall @ChrisWTimmons @AnthonyMKreis @AmaraCNN @VictorBlackwell @adallos @jfritze @dalalali @byamberphillips @AaronBlake @AnnaBower @stphnfwlr @rgoodlaw @kyledcheney @katebrumback @LauraAJarrett @KatiePhang @hugolowell

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Clark D Cunningham

@ClarkGSULaw

3 years

Register for free webinar, Fri, Dec 4, 11am-2pm (ET). Actions for Congress to take NOW- hear experts in law, public health,medicine including @YanivHeled @weparmet @nicolasterry @michaelmina_lab @CarlosdelRio7 @KennethThorpe @CasonSchmit @a_rutschman

Carlos del Rio

@CarlosdelRio7

3 years

Tomorrow in collaboration with colleagues at ⁦ @GeorgiaStateLaw ⁩ we will be hosting a workshop looking at what could Congress do about #COVID ー19 by Dec 18. ⁦ @EmoryRollins ⁩ ⁦ @ClarkGSULaw ⁩

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Clark D Cunningham

@ClarkGSULaw

7 months

1/ Nice job by @KatiePhang challenging efforts by Kenneth Chesebro atty Scott Grubman to minimize significance of his client's guilty plea.

The Katie Phang Show

@katiephangshow

7 months

"[Kenneth] Chesebro is a man of his word. He will testify truthfully if called by the state... But at the same time, I will say if he's called by a defendant, he will come testify and testify truthfully." Scott Grubman after his client pleaded guilty in the Georgia case on Friday

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ This order could be very bad news for DA Willis. If I were the DA, I would ask grand jury for a superseding indictment that removes the name of Mark Meadows from Acts 5, 6, 7, and 19 of Count 1 (but continuing the allegations as to Donald Trump).

Katie Phang

@KatiePhang

8 months

JUST IN: An interesting order was just entered by Judge Jones regarding Mark Meadows’ attempt to remove his case to federal court.

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Clark D Cunningham

@ClarkGSULaw

8 months

8/ "[F]irst the federal officer [must] be in the performance of an act which he is authorized by federal law to do as part of his duty."

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Clark D Cunningham

@ClarkGSULaw

8 months

cc: @GeorgiaStateLaw @espinsegall @VictorBlackwell @carenmorrison13 @maddow @adallos @jfritze @AmaraCNN @dalalali @byamberphillips @AaronBlake @AnnaBower @stphnfwlr @rgoodlaw @kyledcheney @katebrumback @LauraAJarrett @TamarHallerman @ChrisWTimmons @AnthonyMKreis

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Clark D Cunningham

@ClarkGSULaw

3 months

1/ Clark Cunningham, law and ethics professor at Georgia State University, on MSNBC on Feb 2: on misconduct accusations against Fulton County, Georgia District Attorney Fani Willis have merit

'This is not going to go away': Debate rages over continued Willis...

Andrew Weissmann, former federal prosecutor and co-host of the "Prosecuting Donald Trump" podcast, and Clark Cunningham, law and ethics professor at Georgia ...

www.youtube.com

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Clark D Cunningham

@ClarkGSULaw

8 months

11/ "Deliberate violations of state law for federal purposes must be the rare exception, and be clearly seen to be reasonable, necessary, and proper. Otherwise, federal officers will have to be abandoned by federal courts as the Supremacy Clause will not save them."

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Clark D Cunningham

@ClarkGSULaw

3 months

1/The allegations against District Attorney Fani Willis jeopardize her case against Trump. She should step aside: OpEd: Prof Clark Cunningham @GeorgiaStateLaw Gift article from The New York Times. You can read it for free without a subscription.

Opinion | Why Fani Willis Should Step Aside in the Trump Case in Georgia (Gift Article)

The case is more important than any individual actor managing the prosecution.

www.nytimes.com

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Clark D Cunningham

@ClarkGSULaw

8 months

10/ "A dishonest public official who profanes his official trust may do more harm to our society than common criminals, and be much more difficult to investigate and convict."

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Clark D Cunningham

@ClarkGSULaw

11 months

Trump may have helped prosecutors by making false factual claims of ballot stuffing at June 10 GA GOP convention Prof Cunningham @GeorgiaStateLaw told Atlanta Journal Constitution reporter @dwickert

Did Donald Trump help prosecutors with his Georgia speech? Experts differ

Legal experts were divided over whether former President Donald Trump gave additional ammunition to prosecutors during his remarks in Georgia Saturday.

www.ajc.com

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Clark D Cunningham

@ClarkGSULaw

8 months

7/ "It is clear that a federal official does not enjoy absolute state immunity simply because of his office and his purpose."

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Clark D Cunningham

@ClarkGSULaw

7 months

2/ Prof Cunningham @GeorgiaStateLaw tells @bluestein the complaint shouldn’t go anywhere. “The law is intended to set a fairly high bar for such an extraordinary intervention. And a complaint like this seems to be an inappropriate use of the oversight process.”

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Clark D Cunningham

@ClarkGSULaw

5 years

Great to see @GeorgiaStateLaw prof @efusebrown prominently quoted in this Salon article

Erin Fuse Brown

@efusebrown

5 years

Would Medicare for All really force hospitals to shutter? The devil is in the details

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Clark D Cunningham

@ClarkGSULaw

8 months

5/“All of this is just one piece of bad news after another for Trump,” Cunningham said cc: @espinsegall @ChrisWTimmons @AnthonyMKreis

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Clark D Cunningham

@ClarkGSULaw

8 months

12/ Baucom v. Martin, 677 F.2d 1346 (11th Cir. 1982)

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Clark D Cunningham

@ClarkGSULaw

4 months

4/ Example 2:

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Clark D Cunningham

@ClarkGSULaw

8 months

1/ As @espinsegall has replied, MSW misunderstands what Kemp said or could have said. A GA Prosecuting Attorneys Qualifications Commission already exists, signed into law by Kemp last spring. It has the potential power to remove any DA, including Willis, subject to court review.

Mueller, She Wrote

@MuellerSheWrote

8 months

BREAKING: Gov Kemp WILL NOT approve a commission to remove Fani Willis as DA.

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Clark D Cunningham

@ClarkGSULaw

4 months

3/ Motion repeatedly asserts "improper relationship" as factual but relies on anonymous or undisclosed sources. Example 1:

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Clark D Cunningham

@ClarkGSULaw

8 months

2/ because nearly every possible decision that could be made by a court has gone the opposite of how he wanted it to go,” Prof Cunningham told @byamberphillips

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Clark D Cunningham

@ClarkGSULaw

5 years

Courtroom for today’s Trump Hotel emoluments case. 4th circuit court of appeals in Richmond. Lots of media presence.

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Clark D Cunningham

@ClarkGSULaw

6 years

@lsolum You may be interested in my ppt on “Teaching Lawyers About Corpus Linguistics” presented today American Association Corpus Linguistics Conference #AACL2018

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Clark D Cunningham

@ClarkGSULaw

3 months

5/ "I would say what I have been saying about for two weeks now, it is my opinion that DA Willis should seriously consider taking a temporary leave of absence and letting a career prosecutor take over the office and to take over the case."

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Clark D Cunningham

@ClarkGSULaw

4 months

4/ "The former president and his lawyers are playing a delay game. They want all of these cases to be delayed until after the November election." cc: @espinsegall @AnthonyMKreis @adallos @PadraicJudge @LauraAJarrett @jfritze @dalalali

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Clark D Cunningham

@ClarkGSULaw

8 months

16/ "In order to justify so exceptional a procedure, the person seeking the benefit of it should be candid, specific and positive in explaining his relation to the transaction growing out of which he has been indicated,

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Clark D Cunningham

@ClarkGSULaw

8 months

cc: @espinsegall @AnthonyMKreis @AnnaBower @dalalali @byamberphillips @AaronBlake

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Clark D Cunningham

@ClarkGSULaw

8 months

Top-notch criminal defense atty Chris Timmons (and @GeorgiaStateLaw adjunct law prof) is sure doing his bit also: Yesterday he was legal expert guest on PBS, CNN, MSNBC, and twice on ABC!

Chris Timmons

@ChrisWTimmons

8 months

GSU voices continuing to be heard nationwide. Nice piece Prof. Cunningham!

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Clark D Cunningham

@ClarkGSULaw

3 months

2/Now that Judge McAfee has said, at Feb 12 hearing, "It is possible that the facts alleged by Mr. Roman could result in disqualification" and denied DA's effort to avoid an evidentiary hearing starting Feb 15, it is increasingly strategic for DA Willis to take a leave of absence

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Clark D Cunningham

@ClarkGSULaw

3 months

16/ "she could make it go away five minutes from now by taking a temporary absence from the office.That's absolutely what you should do in the public interest" cc: @espinsegall @ChrisWTimmons @AnthonyMKreis @AnnaBower @stphnfwlr @kyledcheney @katebrumback @KatiePhang @hugolowell

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Clark D Cunningham

@ClarkGSULaw

6 years

New web platform helps users research meanings of words used in Constitution, Supreme Court opinions via @ABAJournal

New web platform helps users research meanings of words used in Constitution, Supreme Court opinions

A web platform that provides law-related historic linguistics information was announced Monday by Brigham Young University’s J. Reuben Clark Law School.

www.abajournal.com

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Clark D Cunningham

@ClarkGSULaw

3 months

7/But leave option may vanish if McAfee orders disqualification at end of this week's hearing cc: @espinsegall @ChrisWTimmons @AnthonyMKreis @AnnaBower @stphnfwlr @kyledcheney @katebrumback @KatiePhang @hugolowell

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Clark D Cunningham

@ClarkGSULaw

8 months

4/ "[Also] judges are making decisions to move the proceedings along as quickly as possible, Cunningham said. That’s bad for Trump because he wants everything to move as slowly as possible — ideally until after the 2024 presidential election.

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Clark D Cunningham

@ClarkGSULaw

4 months

5/ Ex 3 cc: @GeorgiaStateLaw @espinsegall @AnthonyMKreis @AmaraCNN @maddow @adallos @PadraicJudge @LauraAJarrett @jfritze @dalalali @byamberphillips @AaronBlake @AnnaBower @stphnfwlr @kyledcheney @katebrumback @alemzs @KatiePhang @hugolowell @ReardonReports @RElliotWSB

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Clark D Cunningham

@ClarkGSULaw

3 months

3/"She could make it go away five minutes from now by taking a temporary absence."

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Clark D Cunningham

@ClarkGSULaw

3 months

15/ Smerconish: "Big picture this case, in all likelihood, is not getting to trial before voters make up their mind. Fair assessment?" Cunningham: "I think that district attorney Willis is really running that risk by continuing to fight this disqualification issue."

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Clark D Cunningham

@ClarkGSULaw

8 months

9/ "Second ... whether what the officer did was no more than what was necessary and proper for him to do."

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Clark D Cunningham

@ClarkGSULaw

3 months

3/ I am scheduled to be on CNN at 7pm tonight with Erin Burnett discussing this issue.

Clark D Cunningham

@ClarkGSULaw

3 months

2/Choosing the option that has the best chance of keeping the case on track, even at a personal cost, is the right decision for Ms. Willis to make as a public-spirited official cc: @espinsegall @ChrisWTimmons @AnthonyMKreis @AnnaBower @stphnfwlr @hugolowell @KatiePhang

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Clark D Cunningham

@ClarkGSULaw

3 months

1/ Prof Cunningham @GeorgiaStateLaw tells @politico disqualifying the prosecutors probably wouldn’t end the case, but it would likely cause months of delays and disruptions, at a minimum. via @politico

Bid to remove prosecutors sets up turning point in Trump’s Georgia case

Thursday’s hearing will focus on allegations that a romantic relationship between two prosecutors has caused a conflict of interest.

www.politico.com

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Clark D Cunningham

@ClarkGSULaw

8 months

4/ If he also knew his brand new lawyer could not go to trial in September and October, this frankly could be a ploy. He could've switched lawyers just to try to avoid trial with Kenneth Chesebro at the end of October. I think it's a real possibility."

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Clark D Cunningham

@ClarkGSULaw

4 months

9/"Why she should be disqualified has to do with Georgia law that says a prosecutor cannot have a personal interest in convicting a defendant." cc: @espinsegall @AnthonyMKreis @ChrisWTimmons

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Clark D Cunningham

@ClarkGSULaw

3 months

7/"I think that her filing and that fairly vague, evasive affidavit by Mr. Wade just raises a myriad of factual issues that are going to take a long time to resolve and greatly delay the case."

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Clark D Cunningham

@ClarkGSULaw

9 months

2/Unlike removal of a criminal case, which can proceed in state court unless and until the federal court approves the removal. But even if the SPGJ was "a civil action" (which Judge McBurney has ruled it wasnt), how can Clark claim it was "against or directed" against him?

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Clark D Cunningham

@ClarkGSULaw

8 months

6/ Meadows is arguing he is immune from state prosecution as a former federal official invoking the Constitution's Supremacy Clause. Here are relevant quotes about how his claim should be decided from a federal court of appeals decision arising from a case in metro Atlanta:

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Clark D Cunningham

@ClarkGSULaw

8 months

6/And again to Eastman on Jan 4:

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Clark D Cunningham

@ClarkGSULaw

4 years

Prosecutorial ethics in spotlight after death of #AhmaudArbery @GeorgiaStateLaw law prof Clark Cunningham explains to @ABAesq conflicts of interests #DAJackieJohnson #DAGeorgeBarnhill and legislative proposal for DA Oversight Commission via @ABAJournal

Prosecutorial ethics are in the spotlight after the death of Ahmaud Arbery

www.abajournal.com

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Clark D Cunningham

@ClarkGSULaw

3 months

3/ Cunningham said the fallout from a potential disqualification would be serious “Delay is very likely But it’s also possible whoever gets appointed would take a different view of the case" @espinsegall @ChrisWTimmons @AnthonyMKreis @AnnaBower @stphnfwlr @KatiePhang @hugolowell

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Clark D Cunningham

@ClarkGSULaw

3 months

2/"There's a window where Georgia could jump in this spring and maybe just do a Trump-only trial before the general election. But that opportunity is vanishing as long as DA Willis continues to litigate this disqualification issue"

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Clark D Cunningham

@ClarkGSULaw

6 years

Students Present New Insights on Original Meaning of Constitution to Judges using “Big Data” of Corpus Linguistics See also and "This is revolutionary. It’s like Westlaw for originalism." - @JudgeDillard

Big Data Meets the Constitution in New Originalism Project | Daily Report

Georgia appellate judges evaluate cutting-edge inquiries into what the Constitution's framers meant from Georgia State University law students.

www.law.com

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Clark D Cunningham

@ClarkGSULaw

3 months

4/Those hostile to the DA might seize on such an action as a concession that the disqualification motion has merit and/or as an admission of some kind of wrongdoing. But instead taking leave should be looked at as best option to make this controversy go away immediately

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Clark D Cunningham

@ClarkGSULaw

2 years

Corpus linguistic work by NAU PhD candidate Margaret Wood Has potential of transforming traditional legal doctrine about statutory interpretation by providing new empirical basis

AACL 2022 at NAU

@aacl2022

2 years

Margaret Wood starting us off today with a presentation about situational and linguistic variation in state statutory law

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Clark D Cunningham

@ClarkGSULaw

8 months

3/ Judge [Steve Jones] denied Meadows the opportunity to move to federal court & also undermined his argument that he was just doing his job when he worked with Trump to question Georgia’s results. And that bodes poorly for any prospect of Trump trying the same legal tactic.

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Clark D Cunningham

@ClarkGSULaw

3 months

5/Putting Fulton County case back on track RIGHT NOW could be of historic importance. It is now looks increasingly unlikely that the DC case is going to trial this spring and almost certainly the Mar-a-Lago case will not be going to trial either this spring.

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Clark D Cunningham

@ClarkGSULaw

3 months

2/Disqualifying Willis would mean her entire office would be removed from the case, Cunningham said. A brand new top prosecutor would have to be appointed by the head of a state prosecutors’ council.

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Clark D Cunningham

@ClarkGSULaw

6 years

Looking forward to presenting “Teaching Lawyers About Corpus Linguistics” #AACL2018 hosted @GeorgiaStateU

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Clark D Cunningham

@ClarkGSULaw

3 months

13/"So she wants him to make money and you could just stop right there. That's a problem. But further that she directly benefits from his wealth because he takes her on lavish vacations. That's a pretty substantial claim, that the prosecutor has a personal or financial interest"

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Clark D Cunningham

@ClarkGSULaw

8 months

7/ The district attorney said, even if some of those acts were within the chief of staff responsibility, it still goes back to state court and of course Trump's lawyers said the opposite."

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Clark D Cunningham

@ClarkGSULaw

7 months

1/ Prof Cunningham @GeorgiaStateLaw comments to @dannyhakim on Powell's guilty plea and agreement to cooperate “I think it’s very bad news for Trump,” said Clark D. Cunningham, a law professor at Georgia State University.

Sidney Powell Pleads Guilty in Georgia Trump Case (Gift Article)

Ms. Powell, a member of the Trump legal team in 2020, will cooperate with prosecutors seeking to convict the former president in an election interference case in Georgia.

www.nytimes.com

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Clark D Cunningham

@ClarkGSULaw

3 months

10/ "He seems to be making this rather strange claim that they take turns paying for trips. You're a public official, a private contractor takes you on a luxury trip to Aruba and you don't reimburse your share of it? Instead you say, I'll pay for the next trip to the Caribbean?

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Clark D Cunningham

@ClarkGSULaw

11 months

“Anything he said at the GOP convention last Saturday, what he said in New Hampshire, what he says on the campaign trail --all of which is recorded -- any of those statements can be introduced against him at a criminal trial,” said Cunningham.

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Clark D Cunningham

@ClarkGSULaw

4 years

1/ Law prof Clark Cunningham @GeorgiaStateLaw on front page of today’s Atlanta Journal Constitution re DA Paul Howard

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Clark D Cunningham

@ClarkGSULaw

8 months

15/ "They do not negative the possibility that they were doing other acts than official acts at the time and on this occasion, or make it clear and specific that whatever was done by them leading to the prosecution was done under color of their federal official duty."

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