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Marty Lederman @marty_lederman
, 4 tweets, 2 min read Read on Twitter
Did you know? That Rod Rosenstein automatically *was* the "acting AG" in the first 12-24 hours after Sessions' resignation (on 11/7) and that Trump therefore *displaced* him with Whitaker (on 11/8)?
@just_security @walterdellinger @AJosephOConnell
Judge Moss stressed the displacement point at a hearing last week (and prompted the DOJ lawyer to say that no POTUS had ever done so before 2007) and the "next day" nature of the displacement was confirmed by the Trump directive to Whitaker, which DOJ just disclosed yesterday.
Here's Trump's memo to "Chief of Staff" Whitaker from 11/08/18.

justsecurity.org/wp-content/upl…
4/ Before saying this I should stress that I don't think it's of much *legal* significance--the important point is the fact of displacement, not its "next day" nature--but, even so, isn't the first sentence on p.3 of this at least a bit fast & loose?

supremecourt.gov/DocketPDF/18/1…
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1/ Wow, is this comprehensive--and, best I can tell on first read, completely dispositive on actual legislative intent (or at least the intent of all the legislators who considered how the VRA would work).

@AJosephOConnell @steve_vladeck @walterdellinger
2/ To be sure, the final language of the VRA surely could've been clearer on the question, and it left an opening for OLC's reading, but seems to me Migala has shown that the "508-controls" view is much more plausible, even before one applies the avoidance canon.
3/ He confirms--w/far greater detail than we did--much of what @walterdellinger and I wrote, including our account of the way Congress resolved the same tension in 1873 and our reasons for thinking the OLC view leads to surely unintended anomalies.

justsecurity.org/61483/initial-…
Read 4 tweets
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1/ I'm gonna play devil's advocate here. It's hardly news that Trump directed the hush money to Stormy Daniels. Duh. Indeed, although he obviously would've paid her off anyway even if he hadn't been running for POTUS, it's surely reasonable to surmise ...
@just_security
2/ ... that the payment was *higher* because of the election. I doubt Trump realized that was a campaign finance violation, but let's also assume arguendo that he knew or suspected it was illegal and didn't really care--that he was indifferent to what the law prohibited.
3/ No doubt, such indifference to law ain't a good thing in a President. And yes, it would mean Trump is, at least in theory, criminally culpable for soliciting or conspiring to violate the law. OK, but what would follow from that?
Read 13 tweets
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1/ “If they were in a Democratic administration,” Lindsey Graham said of Pompeo and Mattis, “I would be all over them for being in the pocket of Saudi Arabia.”

washingtonpost.com/politics/2018/…
2/ And *if* it were a Democratic administration--or any other administration in our history, for that matter--the President's deliberate obfuscations about a foreign leader's responsibility for the cold-blooded murder of a U.S. journalist-- . . . .
3/ ... in contradiction to what his own intelligence community has concluded, and in an effort to remain in that autocrat's good graces--and his cabinet members' efforts to mislead the congressional intelligence committees about the same, would almost certainly lead . . .
Read 4 tweets

Related threads

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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
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Add...
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BREAKING: Matthew Whitaker’s appt as Acting Attorney General challenged in new filing at SCOTUS; @TomGoldsteinSB argues Rod Rosenstein should be declared Acting AG.
Motion explains why SCOTUS should act now: to avert messy future “unwinding” of orders Whitaker issues as illegitimate AAG
Invokes Schrodinger’s Cat 🐈 thought experiment to argue that Trump administration’s view could result in double Acting AGs
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1. Big decode: “#StealthBombers and #StupidQuestions”: @POTUS just gave us a hint! Abby Phillips asks, “Do you expect Whittaker to rein in the #Mueller probe?” He replies, “That is such a stupid question.” Mueller is the #StealthBomber!!! Here’s why:
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Read 29 tweets
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1*
@realDonaldTrump
We stand with you in unity and refuse to be divided.

#WWG1WGA as a global vision NOT
The globalists vision of a 1 world gov. Currencey.
Slaves and masters as told in
#Bible #Prophecy

#RedTsunami
Is about to hit the shores
#FISA #Sessions #Declas #QAnon
2*
Jeff Sessions Resignation Letter to @POTUS

@jeffsessions
Thank you Sir for your many years of service.
3*
We are going to show you a new world.
Those who are blind will soon see the light.
A beautiful brave new world lies ahead.
We take this journey together.
One step at a time.
WWG1WGA!
Q
#QAnon #MAGA #TrustThePlan #trump
Read 12 tweets
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Let's be clear:

Since Jeff Sessions is technically "resigning", he CHOSE to give Trump the power to appoint his replacement.

If Sessions actually cared to protect Mueller's investigation, he would have forced Trump to fire him and Rod Rosenstein would have become Acting AG.
Session is NOT in any way a fucking hero. He did not protect our republic. He's a bigoted fascist and architect of some of the worst US policies in decades.
Sessions last move as AG—resigning instead of being fired—was designed to *help* Trump.

Don't forget that.
Read 4 tweets
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1. Rod Rosenstein: a DeepState puppet or an (undercover) Trump ally?
[THREAD] - Part 2

#Rosenstein #DeepState
2. Part 1 of this [THREAD] is here:

3. consider this:

If Mueller is a DeepState puppet, also Rod Rosenstein is a DeepState puppet.

If Mueller is an (undercover) Trump ally, also Rod Rosenstein is an (undercover) Trump ally.

There is no way around this.
Read 13 tweets

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