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Jack Goldsmith @jacklgoldsmith
, 3 tweets, 1 min read Read on Twitter
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…
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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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1/ Bill Barr is undoubtedly very highly qualified to be AG. He is also undoubtedly committed to the unitary executive. See, e.g., justice.gov/file/24286/dow… and his fierce opposition in the 1990s to the Independent Counsel Statute. wapo.st/2rnsIiq?tid=ss…
2/ The current Special Counsel regs do not implicate the unitary executive problems of the 1990s statute. But one with a disposition toward a strong unitary executive would likely want (at least) a very tight rein on an “independent counsel” investigating the President.
3/ He would also likely take a broad view of Article II & thus a dim view of claims that POTUS obstructed justice if the acts in question were plausibly related to the exercise of an Article II power (including supervision of prosecutions and the conduct of foreign relations ).
Read 6 tweets

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Trump: Day 712
-Day 12 of the #TrumpShutdown
-Vows 2 Keep Government Shutdown
-Went on a String of Unhinged Rants
-Lied About Illegal Immigration Stats
-Claims He "Essentially" Fired Mattis
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Add...
Day 817 since Donald Trump admitted to sexual assault — yet he’s still in the Oval Office
Add...
Day 668 of NO EVIDENCE produced by Trump that his phones were tapped by Obama.

The FISA warrant Trump referenced targeted Carter Page. #TrumpLies
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Thread: @arimelber asked me last night whether #TrumpShutDown was at all related to the pressure brought to bear by the #MuellerProbe. Let’s consider this more closely. It’s a distraction & attempt to show strength at a time that #Trump has been weakened.
First, #MuellerProbe will continue full steam ahead. It is funded and not impacted by #TrumpShutDown. The shutdown isn’t wise or good for anyone. So a shutdown only serves to help Trump if it makes him look strong and like a “winner” to his base. Wrong-headed But Trumpian logic.
Things to remember as we wake up to a partial #GovernmentShutdown: You will still get Medicare, Medicaid, SSI services. Dept of State, DOJ, DOT r among the agencies that will have to shut some activities. Homeland security won’t stop border enforcement, courts will operate.
Read 18 tweets
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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.”
Read 18 tweets
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@neighbour_s #4corners #insiders @4corners @FergusonNews @abcnews @KeriPhillips3 @PhillipAdams_1 @GeraldineDoogue @RNBreakfast @zdaniel @LisaMillar On #Russiagate, award-winning investigative journalist the late Robert Parry challenges groupthink.
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Is trusting Clapper a lazy way of showing contempt for Trump?
consortiumnews.com/2017/06/15/cla…
@neighbour_s @4corners @FergusonNews @abcnews @KeriPhillips3 @PhillipAdams_1 @GeraldineDoogue @RNBreakfast @zdaniel @LisaMillar #4corners #Russia
'Mainstream liberals who despise Trump and yearn to drive him from office hold up Clapper as a man of unquestioned authority, integrity and patriotism — but no such qualities are available these days.'
salon.com/2018/05/26/jam…
Read 18 tweets
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💣BOOM💣

It’s official! Rick Gates has FLIPPED & is finalizing a plea deal with Robert Mueller‼️

h/t @traciemac_Bmore
cnn.com/2018/02/15/pol…
Gates has already spoken to Team🇺🇸Mueller about his case & has been in plea negotiations for a MONTH. 🤗 2/
Gates had a "Queen for a Day" interview👉🏼the defendant answers any questions from Team🇺🇸Mueller, including about his own case and other potential criminal activity he witnessed.

That must have been a LONG day‼️ 3/
Read 17 tweets
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Trump Hotels' website still lists Trump SoHo New York among its properties in the Our Hotels menu. Select its name though to access its page and there's a message about it being renamed

bit.ly/2EPCSy1
National politics correspondent for Newsweek, Nina Burleigh, with a fun find on a TV above the bar at the Trump Hotel DC bit.ly/2E37QRR
Two errors in the 2nd graf of Breitbart's Trump Hotel DC article:
-holdings aren't out of @realDonaldTrump's hands: trust isn't blind & he can profit from it
-Trump Org told Congress it was estimating foreign receipts—not auto donating in full
bit.ly/2CpL7z2
Read 1562 tweets

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