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Josh Gerstein @joshgerstein
, 3 tweets, 1 min read Read on Twitter
Chief Justice Roberts acted Saturday to keep in place (at least for now) a disputed FEC regulation that lets many dark-money group donors stay anonymous politi.co/2OqpW60
A 3-judge DC Circuit panel seemed happy to let the regulation go. 'Unlike fine wines, regulations that so materially rewrite and recast plain statutory text do not improve with age,' wrote panel w/1 GWBush judge & 2 Obama judges.
Also of note: this was a Chevron deference case with a reversal of the typical roles. Conservatives favored giving FEC broad latitude to craft their reg, while liberal-leaning group said reg was in too much tension with statute.
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More from @joshgerstein see all

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Judge just sentenced CIA contractor to 90 days for filling 60 notebooks w/classified data and taking them home. Defense asked for Petraeus probation deal but judge said 'significantly' need to deter others from similar conduct... Earlier: politico.com/story/2018/05/…
Still a mystery is why Reynaldo Regis spent years doing unauthorized database searches and recording the results. Judge O'Grady: 'The $64 question is why was he keeping these notebooks?' Neither prosecution nor defense nor Regis answered the judge's Q, but....
Defense lawyer Cary Citronberg told reporters after the hearing: 'He had no nefarious purposely' Citronberg said he was 'disappointed the judge gave [Regis] a harsher sentence than...Gen. Petraeus.'
Read 6 tweets
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Sessions on Trump: 'He calls himself a law and order president--and he means it!'
Approaching 10 references to Trump so far in this speech.
Sessions: 'We’ve had too much talk about recreational drugs. That was in the 1980s. I remember that debate well.'
Read 7 tweets
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Here's what Grassley said last November on 1 reason he was relaxing standards on prior drug use by judicial nominees: 'Maybe the word gets around that you better lie about it or you ain’t going to get a judgeship. That’s kind of worried me a lot.' politi.co/2OEAr5A
If due to some bizarre twist of fate you actually care about the judicial background check process above and beyond the current furor, I'd commend to you this video of the Sen. Judiciary Committee from last November (start 40:10 in) bit.ly/2ODalQD
You'll see the senators of both parties calmly and rationally discussing the issue of how to treat past drug use by judicial nominees. (And also Sen. Durbin praising Sen. Grassley for how fair he always is.) If we get a hearing next week, it won't look much like this, folks.
Read 3 tweets

Related threads

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Trump is Right About Judges And Roberts Is In Denial townhall.com/columnists/kur…
Call it the kind of lie that an establishment-type tells you that is what-the-hell-are-you-kidding-me false, but he/she/xe tells it to you anyway because he/she/xe really really wants it to be true and because he/she/xe doesn’t want to admit that his/her/xir institution is broken
Take Justice John Souter Roberts’s astonishingly untrue statement from last week:

“We do not have Obama judges or Trump judges, Bush judges or Clinton judges.”
Read 27 tweets
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CHIEF JUSTICE ROBERTS & ENTIRE FISA COURT WILL BE IMPEACHED

1) Speculation, but makes sense if you follow me.
Per Q 11/9/18:
A) How can arrests occur prior to removing the corruption from the DOJ & FBI?
>They can't. See THE PLAN below.
#QAnon #Sealedindictments
2) B) How can arrests occur prior to safely securing a majority in the SUPREME COURT [CONSTITUTION - RULE OF LAW]
>They can't. See THE PLAN below.
C) What is the role of the SENATE?
>To confirm appointments and to hold impeachment trials.
Role of GOODLATTE?
#QAnon #MAGA
3) >Chairman of House Judiciary Committee (Oversight of DOJ, FBI, Federal Judiciary… BUT ALSO MOST COMMONLY THE COMMITTEE WHERE IMPEACHMENT PROCEEDINGS IN THE HOUSE ORIGINATE).
#QAnon #Sealedindictments
Read 25 tweets
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Chief Justice Roberts: “I was saddened to learn that Justice Sandra Day O’Connor, like many Americans, faces the challenge of dementia. But I was not at all surprised that she used the occasion of sharing that fact to think of our country first,...” 1/
2/ “... and to urge an increased commitment to civics education, a cause to which she devoted so much of her time and indomitable energy. Justice O’Connor is of course a towering figure in the history of the United States and indeed the world...
3/“... She broke down barriers for women in the legal profession to the betterment of that profession and the country as a whole. She serves as a role model not only for girls and women, but for all those committed to equal justice under law...
Read 4 tweets
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A brief thread on this (good!) news from today.

Although Citizens United is often blamed for the explosion in dark money, this is a powerful reminder that the fault also lies with the FEC. 1/

politico.com/story/2018/09/…
SCOTUS has endorsed donor disclosure, and the laws passed by Congress say that donors to politically-active groups must be disclosed.

But the FEC adopted rules that narrowed the reach of those disclosure laws, and then declined to enforce even those narrow rules. 2/
For background, an "independent expenditure" is an ad telling viewers to vote for or against a candidate. For the last few years, dark money groups have had to report the amount spent on these ads, but have gotten away with not disclosing their donors. That could now change. 3/
Read 10 tweets
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Justice Kennedy announced he was leaving the Supreme Court a few hours ago. A dark money group is already out with an ad. Let's talk about them. 1/
Thought dark money was just about trying to buy presidential and congressional elections? Think again. JCN's going up with a million-dollar ad buy to pressure vulnerable Senate Democrats to support President Trump's next Supreme Court nominee. 2/ politico.com/story/2018/06/…
Never heard of JCN? We have. The Judicial Crisis Network is already spending big to back Kennedy's replacement. That's what they do. They're a dark money group that works to place right wing judges on the bench. 3/ citizensforethics.org/judicial-crisi…
Read 8 tweets
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Chief Justice Roberts, if you’re writing the decision in the Travel Ban case, you should know it will permanently define your Court. Read this on the govt’s sham waiver. Recall Japanese Internment and Solicitor Gen. Fahy, who had deceived the Court...1/ slate.com/news-and-polit…
2/ Solicitor General Noel Francisco has repeatedly misrepresented the facts of Trump’s animus towards Muslims and how the ban’s waiver process was just a sham, fraudulent “window dressing.”
slate.com/news-and-polit…
3/ Here’s SG Francisco’s earlier misrepresentation from oral argument. His “correction” a week later, three sentences, was so minimal that it shows how deliberately he was otherwise misleading the Court on Trump’s animus and how the ban actually worked.
slate.com/news-and-polit…
Read 16 tweets

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