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Jack Goldsmith @jacklgoldsmith
, 3 tweets, 1 min read Read on Twitter
OLC has released its 2014 opinion for Obama's airstrikes in Iraq against Islamic State. documentcloud.org/documents/5030…. Much of interest here, a more-important-than-usual OLC opinion in support of unilateral Article II war powers. Hope to explain this weekend.
This 2014 opinion was an important precedent for Trump's humanitarian strikes in Syria. lawfareblog.com/new-olc-opinio…
More background here, though it is worth noting that the 2014 strikes, it is now clear, were justified in part on self-defense as well as humanitarian grounds. lawfareblog.com/legal-stakes-a…
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From a constitutional perspective, it’s amazing that POTUS decides on his own judgment, or whim, whether and how to go in to Syria and whether and how to leave, and everything else about the sprawling global war against IS and AQ, and associates, and associates of associates, etc
Our 17-year war is entirely under control of POTUS. Congress authorized a relatively narrow use of force on 9/14/01 & has appropriated & hand-waived ever since while presidents—Bush, Obama, Trump—have determined practically everything else.
Eg: Heavy footprint in Afghan. and Iraq, plus surge; light footprint in Iraq and Afghanistan plus expanded drones; expanding war geographically to many nations; expand to associates and their associates; expanding to ISIS; expand to Syria; leave Syria; when/how to use cyber; etc.
Read 3 tweets
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This extraordinarily honest and insightful essay by @samuelmoyn is a must-read for law students and especially law professors and law school deans. It is a fundamental critique of the role of law schools in American society in less than 2500 words. chronicle.com/article/Law-Sc…
The piece is addressed to progressives who dominate law school culture. It criticizes court-centrism and the sharp clinical turn in law schools, and chides super elite-seeking law students who complain about the elitism of their institutions, which aim to perpetuate elitism.
Sam’s primary prescription, with details in the essay: “[L]aw schools will need to consider how to reset their missions for those students no longer able to suspend disbelief about how their ideals and their training fit together.”
Read 5 tweets
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One month after Trump appointed Whitaker as Acting AG, Mueller and SDNY are still plunging ahead, including Friday’s filing that implicated POTUS in criminal activity. Whitaker hasn’t, as many feared, interfered.
It’s yet another remarkable success story for DOJ independence despite the machinations of the President who nominally, but only nominally, controls DOJ. This Executive branch is unitary in theory but not in practice.
I'll soon be adding the reaction to Whitaker to this list. lawfareblog.com/cycles-panicke…
Read 3 tweets

Related threads

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(Thread) New Flynn memo

Remember Flynn’s sentencing memo when he asserted, as a mitigating factor, that the FBI didn’t warn him that lying was a crime before they asked him questions?

Yeah, I know. Appropriate reaction=🤦‍♀️

Mueller (SC) has responded 👇
documentcloud.org/documents/5628…
1/ ICYMI, Here's my thread on Flynn's argument👇
…
SC responds, asking the court to “reject” Flynn’s “attempt to minimize the seriousness of the false statements to the FBI.”

SC then gives a list of reasons for rejecting his attempt to minimize the lies:
2/ Reasons:

Flynn lied to lots of other people, including the WaPo, and he allowed the lies to be broadcast on national TV.

He made the false statements in filings to other branches of the DOJ—and he made these while represented by counsel.
Read 17 tweets
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ISLAMIC BLOODBATH N GENOCIDE IN WORLD
themuslimissue.wordpress.com/2015/06/15/mus…
Genocide of Hindus by Muslims in Kashmir
GENOCIDE OF HINDUS BY KASHMIRI MUSLIMS
ikashmir.net/history/genoci… … … …
Ethnic cleansing of Kashmiri Hindus
en.wikiquote.org/wiki/Ethnic_cl… … … … … …
bbc.com/news/world-asi…
Islamic Invasion Of India: The Greatest Genocide of Hindus In History,The Muslims have recorded with great glee n pride about their deeds in their books
themuslimissue.wordpress.com/2015/08/31/isl…
Read 52 tweets
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Oh Hai @nra @DLoesch!

What's this?

"NRA paid an OFFICIAL visit"

Oops.

facebook.com/mvbutina/posts…
@Cc: @spicyfiles
Her Twitter @Maria_butina
Her FB: facebook.com/mvbutina
Her VK

👇
archive.is/szgDH
Read 56 tweets
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Over the past couple of days, journalists have been reminded of steps we need to take to safeguard our comms and protect our sources while working on news reports

It's also impt to note what happens after news stories are published that are based on nonpublic/classified info 1/
Every government agency on a near daily basis scrutinizes news stories for classified, secret or non public information. 2/
Personnel at the government agency fills out a media leaks questionnaire and identifies the nonpublic/classified info contained in the news report.

(I obtained a copy of one such questionnaire and example of some media leaks via FOIA: documentcloud.org/documents/3859…) 3/
Read 15 tweets
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1/ Sedition Timeline - This thread chronologically reviews Trump and his campaign’s crimes against the United States.
2/ Trump has laundered dirty Russian money for decades (THREAD):
3/ Manafort has lived in Trump Tower since 2004. He was paid millions to further Kremlin agenda in the US and abroad. He laundered Russian money through Trump businesses: twitter.com/i/moments/8681…
Read 189 tweets
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JUST IN: DOJ releases Office of Legal Counsel opinion by AAG Steven Engel, dated today, concluding POTUS can appoint acting director of CFPB under the Vacancies Reform Act. justice.gov/sites/default/…
Here is @marty_lederman's cogent response (via thread) to the OLC opinion:
Engel and Lederman both basically agree that this comes down to a question of whether the Dodd-Frank language that the deputy director "shall" serve as acting director makes (or can make) that the sole basis for filling a vacancy — eliminating the VRA (which Trump is using).
Read 5 tweets

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