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Steven Mazie @stevenmazie
, 6 tweets, 2 min read Read on Twitter
Stark claims about America's current political realty in reply brief re: @TomGoldsteinSB motion at SCOTUS to replace acting AG Matthew Whitaker with Rod Rosenstein in a pending case 1/
"This is a constitutional crisis." 2/
Trump's appointment of Whitaker is a "power grab" and an "assault on the separation of powers." 3/
SCOTUS needs to intervene in this "epic inter-branch conflict." 4/
And it's likely now or never. 5/5
Link to the reply brief, which should be up at supremecourt.gov tomorrow morning.
dropbox.com/s/xvhlvksbghoe…
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More from @stevenmazie see all

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Ever seen a football game that's, say, 3-3 at the half but winds up 63-17?

The current Supreme Court term is shaping up to be something like that. 1/

economist.com/democracy-in-a…
There were some important cases heard in the autumn — on the Double Jeopardy Clause, civil-asset forfeiture and Indian lands in Oklahoma, to name three — but overall it's been a pretty tame three months. 2/
The Court has issued three rulings, all unanimous, with nary a concurrence. A total of just 32 pages.

And the justices recently ducked a hot-button Planned Parenthood funding fight. 3/

economist.com/democracy-in-a…
Read 10 tweets
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MORE SCOTUS NEWS: CJ Roberts joins liberals in DENYING a Trump administration's request to stay lower-court ruling against his asylum ban. Justices Thomas, Alito, Gorsuch and Kavanaugh dissent.
If/when this comes to SCOTUS for full review, Roberts is anything but a sure vote to line up against the administration again. Given his uber-deferential opinion in Trump v Hawaii (the travel-ban case) last June, he's quite unlikely to halt an asylum ban on the merits.
Read 3 tweets
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Interesting data in this article on how the justices may inadvertently tip their hands with their voices
I wrote about it here a year ago
economist.com/democracy-in-a…
At my request, the researchers ran the data to try to predict the outcome of two of last year's big cases (on gay-wedding cakes and gerrymandering) by listening closely to Justice Kennedy's pitch. (Results weren't great.)
Read 3 tweets

Related threads

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1/ Two articles came out before Christmas that deserve more attention. First up is news that “Two Ukrainian officials meddled in the 2016 U.S. presidential election by leaking a secret ledger showing $12.7 million in payments” to Paul Manafort thedailybeast.com/ukrainian-offi…
2/ The 2nd article outlines the Trump Admin’s efforts to get the MSM to pay attention to Ali Chalupa’s work with Ukraine and her links to the DNC. Bizarrely, Vox argues that Chalupa’s Ukraine work wasn’t connected to her DNC work. vox.com/2018/12/14/181…
3/ Hat-tip to #RealRussiaGate sleuth @stranahan. Lee Stranahan discusses these two articles and more in this Periscope. Stranahan covers the waterfront well, but I want to dig a little deeper on the Chalupa/Manafort angle. pscp.tv/w/1yoJMjYlnXdx…
Read 35 tweets
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Acting AG Matthew Whitaker Appears to Have Misled FTC Over Actions at Miami Firm based on docs obtained in a FOIA request - FTC emails show Whitaker denied communicating with customers & officials expressed surprise at AG’s hiring of Whitaker
bloomberg.com/news/articles/…
Note - Bloomberg has corrected the headline and story 👆🏼
New headline: FTC Emails Show Whitaker Fielded Gripes on Miami Firm (Correct) & new story is in screenshot below 👇🏼
bloomberg.com/news/articles/…
Matthew Whitaker Knew of Fraud Allegations at Company He Advised - Documents show now-acting U.S. attorney general regularly emailed with firm’s CEO
wsj.com/articles/matth…
Read 3 tweets
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In a filing tonight, DOJ urges #SCOTUS not to take up the Tom Goldstein-backed challenge to Acting AG Matthew Whitaker's authority in a case over gun restrictions. Here's the filing: supremecourt.gov/DocketPDF/18/1…
Here's my previous story on the challenge to Whitaker's authority: buzzfeednews.com/article/chrisg…
Here's the #SCOTUS docket: supremecourt.gov/search.aspx?fi…
Read 3 tweets
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So this was a straight up firing and not a resignation – not even a fake resignation. Doesn't that mean that Rod Rosenstein becomes acting AG and Trump doesn't get the privilege of appointing one? @kaitlancollins @YesMomsCan @Delavegalaw
1998 Federal Vacancies Reform Act gives the president the authority to temporarily move a Senate-confirmed political appointees into a vacant position when the predecessor dies or resigns...In the case of firings, the federal govt has a succession plan.
cnb.cx/2QUW9Ea
Per @NormEisen: "Under 5 USC 3344, the president cannot fire a Senate confirmed official and replace him with a person of his choosing. Sessions was constructively fired."
Read 25 tweets
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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…
3. This is not a drill. @tribelaw @SenSchumer @NancyPelosi @NewYorkStateAG @DefenseIntel @CIA
Read 41 tweets
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BREAKING: Attorney General Jeff Sessions resigns at Trump’s request.

It's happening, Trump is going to attempt to end the Mueller probe. THIS IS NOT A DRILL.
wapo.st/2qyyRYL
Lindsey Graham in July 2017: "If Sessions is fired, there will be holy hell to pay."

How long before 2018 Lindsey is appointed Attorney General?
Trump named Matthew Whitaker, Sessions' chief of staff, as acting AG. Whitaker is now set to oversee the Mueller's probe.

Whitaker, once wrote an opinion column before joining the DOJ titled "Mueller's investigation into Trump is going too far." nbcnews.com/politics/white…
Read 29 tweets

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