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Noah Feldman

Trump Can't Confess to Anything in a Tweet

His feed can be proof of political motivation, but not criminal activity.
No one knows his innermost thoughts.

No one knows his innermost thoughts.

Photographer: Mark Wilson/Getty Images

The debate over the weekend about whether President Donald Trump or his lawyer wrote a tweet saying National Security Adviser Michael Flynn was fired for lying to the FBI is fascinating -- and beside the point. Despite the enthusiasm of administration critics, a tweet can’t and shouldn’t be the basis of a “confession” of a high crime for impeachment purposes.

In other words, regardless of authorship, the tweet can’t be used to prove Trump obstructed justice because he knew about Flynn lying to the Federal Bureau of Investigation when he urged Director James Comey to go easy on Flynn and then fired Comey.