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Steve Vladeck @steve_vladeck
, 3 tweets, 2 min read Read on Twitter
The government has filed a response in #SCOTUS to our supplemental letter in Dalmazzi, suggesting that there is “some dispute” as to whether a military officer who retired from the Army can keep serving on the #GTMO Court of Military Commission Review:

Our position all along has been that military officers appointed to the CMCR (like Judge Herring) hold _two_ offices, & can stay on the CMCR even after leaving the military. It sure seems like the government’s saying that either we’re right or he’s no longer validly on the CMCR.
And if the latter is somehow true, that will just create more headaches for the #GTMO appeals court, where defendants could presumably then challenge any ruling in which Judge Herring participates going forward (and so the court would be down yet another judge)...
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More from @steve_vladeck see all

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With no noted dissents, #SCOTUS summarily denies stay sought by the unnamed, foreign government-owned corporation arising from a contempt citation for defying a grand-jury subpoena related to the Mueller investigation:

supremecourt.gov/orders/courtor…

This is not a surprising result.
As a result, the accumulation of the contempt fine will resume—which should presumably put (increasing) pressure on the mystery foreign government-owned corporation to either comply with the subpoena or to otherwise cooperate with the Soecial Counsel in exchange for dropping it.
This doesn’t end the appeal; the mystery corporation can still ask #SCOTUS to take the case on the merits. But the denial of the stay (and the absence of any noted dissents) is a pretty strong signal that the Justices are inclined to sit this one out.
Read 3 tweets
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A reminder that we could hear from #SCOTUS as early as today with respect to whether it will continue or vacate Chief Justice Roberts’s administrative stay of the contempt citation against the unnamed foreign company that apparently defying a Mueller-related grand jury subpoena.
For a thorough explainer on how we got here and what the issues (probably) are, see this @just_security post by @KeitnerLaw:

justsecurity.org/62068/decipher…
(And if you weren’t already following her, you should follow @KeitnerLaw.)
Read 3 tweets
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There must just not have been room in the headline for “and repeatedly stalking and harassing her after she said no.”

Come on, @NRO—do better.
For the numerous ways @nro has quietly backpedaled from this preposterous headline, see @MaxKennerly’s thread:

@NRO has now deleted the tweet with the preposterous headline, but here’s a screenshot:
Read 3 tweets

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#SCOTUS, Jan. 7, 2019.
Justice Ruther Bader Ginsburg is not at #SCOTUS today for arguments, the public information office announced, but will be participating in the cases on review of the filings and transcripts from today’s arguments.
Here are this morning's orders from #SCOTUS: supremecourt.gov/orders/courtor…
Read 9 tweets
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Retired Justice Sandra Day O’Connor, the first female justice in the US, shares information about her health with the nation in a letter that her family has asked to be distributed. The Supreme Court’s public information office sent it out this morning.
My breaking report —> Sandra Day O'Connor, The First Woman On The Supreme Court, Has Dementia And Is Withdrawing From Public Life buzzfeednews.com/article/chrisg… #SCOTUS
Chief Justice Roberts, regarding Justice O'Connor (buzzfeednews.com/article/chrisg…): "Although she has announced that she is withdrawing from public life, no illness or condition can take away the inspiration she provides for those who will follow the many paths she has blazed."
Read 4 tweets
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NEW: Justice Brett Kavanaugh was confirmed to #SCOTUS, but the ethics complaints filed against him haven't gone away — per letter just made public, Chief Justice John Roberts is transferring them to the 10th Circuit buzzfeednews.com/article/zoetil…
What happens now? Judicial ethics experts have said they expect the complaints against Kavanaugh ultimately to be dismissed — the misconduct review process that applies to lower court judges doesn't cover justices, and #SCOTUS doesn't have its own system buzzfeednews.com/article/zoetil…
Notably, the 10th Circuit is where Roberts sent an ethics complaint against former DC federal district chief judge Richard Roberts, re: decades-old allegation pre-dating his time as a judge that he sexually abused a teenage witness in a case he prosecuted buzzfeednews.com/article/zoetil…
Read 5 tweets
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Hoo-Hoo-Hoo
It’s Christmas in July because late last night SC Mueller’s office filed this...document # 142
Also wait for end of the thread, because seeing Tony Fabrizio name made me squeal
One of Five
Whomp
Whomp
That’s a document heavy case
And 100% did y’all forget that Manafort’s real estate agent was compelled to testify w GJ?
Remember this re Manafort’s realtor?
dcd.uscourts.gov/sites/dcd/file…
And you betcha Yohai likely an immunized witness against Manafort
Also look at the dates of said loans...some occurred while Manafort was @realDonaldTrump campaign chairman.
Facts matter & so does evidence
Read 85 tweets
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Senate Republicans just rubber-stamped another extreme, Federalist Society-approved judicial nominee to the federal appellate bench: 39-year-old Andrew Oldham
In his confirmation hearing, Mr. Oldham refused to say that the landmark #SCOTUS case Brown v. Board of Education was correctly decided. He also refused to say whether he agreed that voter discrimination still exists in the United States.
He has also called the Supreme Court “the most dangerous branch” and told the Federalist Society that there are “particular things that I think are illegitimate in the way that we conduct modern American law.”
Read 12 tweets
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#SCOTUS, 5-4, has rejected challenges to President Trump's revised travel ban.
supremecourt.gov/opinions/17pdf…
Along the way, #SCOTUS appears to overrule Korematsu, the decision that upheld the internment of Japanese Americans during World War II. "Korematsu was gravely wrong the day it was decided."
Justice Kennedy writes separately: "An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts."
Read 4 tweets

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