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‼️WTF Is Trump’s Former AG Matt Whitaker Doing Meddling in Kosovo’s Election?

Trump’s former appearing Attorney General appears to be celebrating his freedom from the searing highlight of the Trump adm by involving himself in… Kosovo’s election.
simplenews.co.uk/foreign/wtf-is…
Whitaker, maybe extra well-known for his previous position with a “scam” firm that promoted time journey tech & the hunt for Bigfoot than for something he did throughout his quick stint on the DOJ, hit the Kosovo marketing campaign path w/ gusto this week.
simplenews.co.uk/foreign/wtf-is…
The short-lived AG stumped for Kadri Veseli, a Trump-supporting candidate Tuesday in an look that was rapidly met with a assertion from the U.S. embassy in Kosovo stressing Washington’s neutrality in the nation’s Oct. 6 elex.

#SureJan

@RepAdamSchiff ^^
simplenews.co.uk/foreign/wtf-is…
Read 24 tweets
Okay, this is a blockbuster article you just have to sit down and read through slowly.

You gotta believe @nytimes fact-checked the hell out of it before printing.

Here are the highlights (or lowlights):
nytimes.com/2019/02/19/us/…
Creepy acting AG #Whitaker told people his role at @TheJusticeDept was to “jump on a hand grenade” for @realDonaldTrump.

His real job is exactly the opposite: rule of law, fearlessly followed.

This merits further investigation. OPR/@JusticeOIG are you awake?
.@realDonaldTrump tried to put a “loyalist” in charge of the SDNY investigation (doing Cohen case and more), obviously to protect himself.

This is strong evidence of an attempt to obstruct justice, also meriting further investigation.
Read 7 tweets
#Whitaker takeaways:

Is it just me, or did the guy look more like a lost bouncer in a suit than an acting Attorney General of the United States?
Whitaker did political hit work for a front group called FACT that does not reveal its donors.

Today he admitted that its donor was Donors Trust, an entity that hides the identity of right-wing donors.

That means the unknown real donor hid behind two entities.
Double-layered deception? Who tries that hard to hide? Not anyone up to any good.

We need to keep digging — “follow the money.” And look how touchy #Republicans were about this!!
Read 5 tweets
Some of the news in today's #TrumpRussia avalanche:
-Mueller investigation close to completion—Whitaker
-Cohen to testify to House Feb 8, w/ new legal team
-Manafort sentencing hearing delayed
-Trump doesn't rule out pardon for Roger Stone
-Barr discussed Mueller probe w/ Pence
Watch #Whitaker sweat up a storm announcing he’s been “fully briefed” on Mueller investigation & “thinks” it’s “close to being completed.” Seems very anxious to get his hands on it to “review.” And Wray? They look like my kids up to no good. #maddow #inners
It's alarming Whitaker's even commenting on the Mueller investigation/report. Is he pressing or hoping for no more indictments? The "review decisions" remark is very alarming. Is he saying someone's reviewing HIS decisions? Or that he's (already?) reviewing Mueller's decisions??
Read 3 tweets
Thread: @arimelber asked me last night whether #TrumpShutDown was at all related to the pressure brought to bear by the #MuellerProbe. Let’s consider this more closely. It’s a distraction & attempt to show strength at a time that #Trump has been weakened.
First, #MuellerProbe will continue full steam ahead. It is funded and not impacted by #TrumpShutDown. The shutdown isn’t wise or good for anyone. So a shutdown only serves to help Trump if it makes him look strong and like a “winner” to his base. Wrong-headed But Trumpian logic.
Things to remember as we wake up to a partial #GovernmentShutdown: You will still get Medicare, Medicaid, SSI services. Dept of State, DOJ, DOT r among the agencies that will have to shut some activities. Homeland security won’t stop border enforcement, courts will operate.
Read 18 tweets
.@GerryConnolly “Today, as one of their last acts in the majority, our Republicans are holding their latest partisan hearing to air unsubstantiated allegations against the Clinton Foundation.”
“So, let’s look at these latest allegations. On our next panel two private individuals, both Republicans will explain how they submitted a complaint to the IRS and FBI against the #Clinton Foundation.”
“They have already conceded that they are not whistle blowers. Instead, they are would-be plaintiffs in a lawsuit looking to make money.”
Read 18 tweets
Wow. Here’s a headline. No collusion? washingtonpost.com/news/politics/…
This is the pleading. Smells of collusion to me. assets.documentcloud.org/documents/5331…
This is a good capsule summary, providing some factual context regarding @realDonaldTrump’s recent Twitter rants against the Special Counsel investigation. cnn.com/2018/11/29/pol…
Read 5 tweets
1/ SG filing in SCOTUS on #Whitaker appointment. Leads with nonjusticiability. W/r/t the merits, nothing new.

justsecurity.org/wp-content/upl…
2/ On VRA as "alternative" to 508, SG focuses, as expected, primarily on use of the adjective "exclusive" in 3347(a) and on the elimination of the express AG carve-out between the Senate and conference versions of the VRA.
Read 3 tweets
The OLC’s constitutional argument for #Whitaker as Acting AG is entirely based on historical precedent.
They don’t acknowledge that it can’t find a precedent *ever* for a non-Senate-confirmed acting Attorney General as a "head of a department." 1/ shugerblog.com/2018/11/20/the…
2/
The only OLC precedent for an unconfirmed Acting AG is
1) from 1866,
2) for just a week
3) under the chaotic Andrew Johnson
4) who is infamous for flouting Congress and was impeached for it,
5) before the AG was even a “department head,” b/c DOJ did not yet exist.
3/ The Constitution identifies “Head of a Department” and “the principal officer of an executive department” as meaningful categories, whose significance is overlooked by OLC. Whitaker would be the head of DOJ. And thus he’d be a principal officer, needing Senate confirmation.
Read 9 tweets
My op-ed in @washingtonpost: "Think Whitaker is a hack? He's one of many."
The past century has been full of corrupt crony AGs.
A historical argument for making the Attorney General and DOJ structurally independent from the president. 1/
washingtonpost.com/opinions/think…
2/ For more historical detail, including categorization of every long-term Attorney General in US history, plus a discussion of the Founding's original understanding of prosecution and AGs - against the unitary executive theory, see my paper here: shugerblog.com/2018/11/10/cro…
3/ For my historical argument about Congress's creation of the DOJ in 1870 as a way to reduce cronyism in the government and to promote professional independence (but also a fraught relationship with black civil rights), see my longer article here: stanfordlawreview.org/wp-content/upl…
Read 4 tweets
I think I caught a major legal error on p. 5 of the OLC memo on #Whitaker.
OLC argues that the Vacancies Act applies to DOJ statute 28 USC 508, because the DOJ statute cross-refers to the VRA.
That would be difficult b/c Congress passed 28 USC 508 before the VRA. See my thread:
This is the part of the memo with the error. This DOJ statute (28 USC 508) was passed and amended in the 1940s, 50s, 60s, 70s, 80s. No later changes. The 3345 reference pre-dated the VRA.
VRA passed in 1998.
It would be impossible for the DOJ statute to “cross-reference” the VRA.
Here’s my better mark-up of the OLC memo and its legal error at p. 5:
Read 12 tweets
More reasons why Whitaker appointment as AG is illegal: Vacancies Reform Act arguably does not apply to the AG.
Please read this report by the Senate Committee on Govt Affairs on the VRA, linked below. 1/ h/t @JamesDissent
Adding to my earlier post: shugerblog.com/2018/11/09/whi…
2/ Senate Committee Report, summary on p. 2:
"The bill applies to all vacancies in Senate-confirmed
positions in executive agencies with a few express exceptions.
...
Second, current laws...that provide for the President or..." congress.gov/congressional-…
3/ "...the head of an executive department to designate an officer to perform the functions and duties of a specified office in an acting capacity are maintained, as are those statutes that themselves stipulate who shall serve in a specific office in an acting capacity."
Read 14 tweets
1. DOJ Chief of Staff. The day after my brother John finished his last case as Janet Reno's Dade County Chief Asst prosecutor he was at a ceremony at Bobby Kennedy's grave in Arlington as Janet Reno's guest. After the ceremony Ethel Kennedy held a private reception.
2. The only non-Kennedy's there were Janet and John, Bill and Hillary Clinton. John was soon tasked as a prosecutor in Janet's office as Counselor to the AG. On his first day Janet came into his office with a stack of files with claims of wrongdoing during Reagan and Bush41 that
3. might implicate the DOJ. Janet told him, "Investigate them, charge them or close them." I think only one of his investigations was ever made public. Given the title IraqGate John was tasked with trying to determine if Reagan and/or Bush ever armed Saddam Hussein with WMD.
Read 12 tweets
@ericgarland @ThomasS4217 1/ Whitaker has a GOP rap sheet as long as your arm. This sounds *exactly* like the playbook used by Bannon/Mercer for their *fraudulently* named Government Accountability Institute" (more on GAI downthread):
@ericgarland @ThomasS4217 2/ Foundation for Accountability and Civic Trust, Neil Corkery, Treasurer @saysdana:
opencorporates.com/companies/us_v…
@ericgarland @ThomasS4217 @SaysDana 3/ Downthread quote from @SaysDana: "Wellspring is run by Ann Corkery, a Washington lawyer who is married to JCN’s longtime treasurer, Neil Corkery. Daniel Casey, a director for JCN, is the father of Wellspring director Michael Casey."
Read 20 tweets
1. 90% a coup is under way. Whitaker had same job my brother had. AG Chief of Staff. Not Senate confirmed. Cannot be AG. Whitaker was US attorney but not now. I think he his not qualified to act meaning FISA now shut down. @NSAGov @FBIWFO @neal_katyal can you chime in please?
2. Congress addressed this in 28 USC 508. Whitaker is not the lawful AG. Mueller should unseal all the indictments. Do it now while you can. @FBIWFO law.cornell.edu/uscode/text/28…
Read 41 tweets

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