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Orin Kerr @OrinKerr
, 4 tweets, 2 min read Read on Twitter
Given that @AndrewCMcCarthy argued that Bill Clinton "plainly" committed high crimes & misdemeanors, and that Obama committed new high crimes & misdemeanors at a pace of "one per week," it's interesting to see his view of whether Trump has committed any. nationalreview.com/2018/08/what-t…
McCarthy's views of Clinton & Obama's high crimes and misdemeanors is here. nationalreview.com/2013/12/impeac…
It's particularly interesting that McCarthy's list of Obama's high crimes and misdemeanors included "us[ing] the federal bureaucracy to usurp Congress’s legislative powers and to punish political enemies." Phew that Trump hasn't done this, I guess.
And I am reminded, from listening to Andrew's podcast, that he wrote a relevant book: "Faithless Execution: Building the Political Case for Obama’'s Impeachment" amazon.com/Faithless-Exec…
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4th Circuit: Suspect in custody doesn't have to wait until Miranda rights are read for his assertion of the right to remain silent to have full effect (requiring officers to stop the interrogation, or in this case never to start it). ca4.uscourts.gov/opinions/17423…
As I understand the court's opinion, you can assert your Miranda right as soon as you are in custody, but you don't have to wait until you are given warnings or questioned. (This is a question that students often ask about, so good to have a case to cite to them.)
Also interesting that the 4th Circuit has a five-factor test for when an officer's post-invocation conduct sufficiently honors the assertion of the right. (For those who don't know, "five factor test" mostly means "no test at all"). CA4 right to cabin that inquiry more here.
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I saw the WWI documentary "They Shall Not Grow Old" today. Really enjoyed it. It tells the story of the typical British soldier on the western front in a remarkable way that really brings it to life. (Short thread.)
It's the visual restoration of the footage that draws you in. And indeed, it's remarkable. Brings the people to life. But it's really in aid of the telling of the story, not the focus.
The narrative consists of recordings of veterans of WWI, recorded in the 50s and 60s, telling the story of their wartime experience. They are heard, never seen, while the original footage is shown. There is no narrator, and no onscreen text to introduce themes or battles.
Read 7 tweets
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Here's an interesting example of how courts don't pay enough attention to 4th Amendment cross-enforcement issues: The 3rd Circuit's recent opinion in US v. Osorio, decided 12/20/18. Thread below . . . . www2.ca3.uscourts.gov/opinarch/17313…
Relevant issue in the case: Could municipal officers in Pennsylvania make an arrest on a federal probation warrant? Court says yes, b/c "municipal officers are authorized to execute federal arrest warrants," citing a CA2 and a CA5 case.
But if you look at the two cases, they're precedents saying that *state law* governed whether state officers could execute federal warrants -- based on a reading of US v DiRe and US v. Marsh. In the two states at issue , NY and Florida, state law okay'ed executing fed warrants.
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.@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.”
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Does AUSA Moira Kim Penza, prosecutor in the fed. #NXIVM #RICO criminal racketeering case, realize that her indictments of #NXIVM leader, Keith Raniere aka "Vanguard," last March, may have affected the outcome of the 2018 Mexican Presidential Election? #ArizonaMafia #Democrats
Moira Kim Penza is 1 of the main prosecutors in the federal #NXIVM #RICO criminal case. A #RICO case is very serious; it is 1 of the most complex types of prosecutions the U.S. Government can initiate. Moira's boss is Richard P. Donoghue, U.S. Atty for the Eastern District of NY.
Penza is a smart lawyer. According to publicly available information, she studied at Cornell Law School, a private Ivy League University located in Ithaca, New York. Cornell was ranked the #13 law school in America, out of 203 law schools, by U.S. News & World Report, in 2018.
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📢#RETWEET 📢
Facts & Oaths of Affirmation evidently don't mean anything to liberal Democrats

HILLARY clinton & "Party" indictments have begun

If #TheResistance want to #Resist these FACTS, they will join your #Resistance leader in Prison

#mondaymotivation
#KeepAmericaGreat
📢#RETWEET 📢
🚨#BreakingNews 🚨

Hillary Clinton AND "Party" Are Officially being Charged

#QAnon First called this with Great accuracy #DrainThe

I'm helping #TheResistance to #Resist The #Resistance Brainwashing with these #Facts 👇This is REAL👇
@TeamTrump @DiamondandSilk @DonaldJTrumpJr @RealCandaceO @PrisonPlanet @wikileaks @BBCBreaking @MileyCyrus @TheEllenShow @MichelleObama 📢#RETWEET 📢
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@realDonaldTrump is the ONLY @POTUS who actually kept his promise of moving the 🇺🇸 Embassy to Jerusalem!

✅Donald J Trump
🚫Bill Clinton
🚫George Bush Sr
🚫George Bush Jr
🚫Barack Obama

#Gaza
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Read 198 tweets
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New #PA Congressional map is pretty much the best one Democrats could have hoped for. At least 2 pickups in neutral environment, likely ability to win 11 in current D+6 environment. Post coming
PA redraw creates map that is almost entirely drawn from scratch. Huge shifts from 2016 plan all over the place. Dems favored to win 9 seats there in almost any national environment.
(big swings mostly from renumbering, but aggregate differences are clear)
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Oh my Alwaleed helped #Obama get into Harvard and pay for his tuition🤔😅🤣 #Saudi #Winning
One really should take a gander at Alwaleed's company quite interesting indeed kingdom.com.sa
🔎 Memory lane: Percy Sutton (Atty to Malcom X) was asked by Dr. Khalid Mansour (advisor to Alwaleed) to write to Harvard for Obama #Saudi
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#SmartWatch #FamilyCourtJudges #FakeNews #FamilyCourt #PBS #MuellerFriday #MarlonBrando #FBI #HassanAlBanna #Clinton #NYT #DWS #SundayMorning #LockThemUp #MissingKids #Director #Ukraine #TariqRamadan #TripTwo #startup #kristinemarcy #BruceSpringsteen #ElPuebloScandal #TRUMP #MakeItRain

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