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Yoni Appelbaum
@YAppelbaum
, 4 tweets, 2 min read Read on Twitter
1. Former White House Counsel Bob Bauer lays out the advice his successor should be giving to the president—a ‘national emergency’ declaration for a wall might backfire spectacularly: theatlantic.com/ideas/archive/…
2. Some important points Bauer makes: Under the relevant statutes, there needs to be an actual national emergency before the president can recognize one; his power in this regard is not unlimited: theatlantic.com/ideas/archive/…
3. If Trump tries this, and loses, he’ll constrained his successors. Worse, from his perspective? He’s fighting a multi-front battle on executive prerogatives, and overreaching here can cost him elsewhere—including fending off House subpoenas or Mueller: theatlantic.com/ideas/archive/…
4. The key point former White House Counsel Bob Bauer makes? It’s not just that Trump may lose this fight in court. It’s that if he loses, it can cost him (and his successors) in multiple ways: theatlantic.com/ideas/archive/…
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More from @YAppelbaum see all

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Yoni Appelbaum
@YAppelbaum
1. One of the things I love about @TheAtlIdeas is the fusion of original reporting with equally original insights and arguments. A few examples from the past couple days alone:
@TheAtlIdeas 2. Here’s a vivid dispatch from @gcaw, who went to Abu Dhabi for the Pope’s first mass on the Arabian Peninsula—rich with the kind of detail you won’t find anywhere else, and with the context only Graeme can offer: theatlantic.com/ideas/archive/…
3. The situation in Venezuela is highly fluid. But @Rob_Malley and @RobertFadel went to Caracas and talked to leaders on both sides of the conflict—and they’ve found a potential way forward, if the Trump administration is willing to let it happen: theatlantic.com/ideas/archive/…
Read 3 tweets
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Yoni Appelbaum
@YAppelbaum
1. Trying to figure out where the “U-S-A” chant comes from. One of the earliest references that pops up is in Czechoslovakia in 1969, where 5,000 students defiantly chanted it at riot police.
2. Ironically, then, it seems to have been popularized in the United States during our hockey team’s miraculous 1980 run, during our match against …. Czechoslovakia.
3. But as this @p_emory thread points out, versions of the chant go back a long, long way:
Read 3 tweets
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Yoni Appelbaum
@YAppelbaum
1. It's a novel experience to be accused of alarmism by a man who’s seriously proposed invoking the 25th amendment, but I have tremendous respect for @DouthatNYT—and you should read his response to my essay: nytimes.com/2019/01/26/opi…
@DouthatNYT 2. I’ll say one brief thing in response. I tried to make a case for impeachment as a rule-bound process of discernment and discovery. To the extent that critics continue to focus on whether or not the evidence presently in the record justifies the immediate...
@DouthatNYT 3 …impeachment, conviction, and removal of the president, that is evidence of my own failure to shift the terms of this debate. I continue to think an inquiry is both necessary and healthy; that’s the argument that I wish that Ross had tackled.
Read 3 tweets

Related threads

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Renato Mariotti
@renato_mariotti
Look out tomorrow (Monday, September 10th) for the third episode of my podcast #OnTopic, an in-depth look at a timely topic.

This week we discuss Supreme Court nominee Brett Kavanaugh with @neal_katyal, the former Acting Solicitor General who has argued many Supreme Court cases.
.@PattiVasquezCHI and I asked Neal about Kavanaugh’s candor during the hearings, Kavanaugh’s view of presidential power (including his view of whether presidents can be investigated while in office), whether Kavanaugh would need to recuse from future cases, and much more.
So be on the lookout for the episode tomorrow on your favorite podcast app! I’ll tweet as soon as it’s posted. In the meantime, if you missed it, check out our prior episode featuring former White House Counsel Bob Bauer, discussing the firing of WH Counsel Don McGahn. /end
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Ryan Goodman
@rgoodlaw
The following statements by Judge #Kavanaugh were misleading or false.

The question asked by Republican and Democratic Senators was important:

Had he ever taken a position on the Constitutionality of indicting or prosecuting a sitting President? ... <thread>
1. Kavanaugh misleading/false statement to @SenFeinstein:

“I've never taken a position on the Constitution on that question.”
2. Kavanaugh misleading/false statement to @LindseyGrahamSC:

GRAHAM: "OK. Now whether or not a president can be indicted while in office ... I think you have written on this topic as well, haven't you?"

KAVANAUGH: "I have not written on the constitutionality."
Read 9 tweets
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Lawfare
@lawfareblog
The @nytimes has published letters from Trump's legal team to the special counsel's office detailing a bold vision of executive power. Here's what Lawfare writers have had to say on the legal issues raised by the letters:
The letters may foreshadow a fight over whether or not the president may be subpoenaed. @steve_vladeck and @benjaminwittes argue that Mueller would likely win a legal fight along those lines: lawfareblog.com/can-presidency…
Trump's lawyers argue the president can't obstruct justice while acting within the scope of his Article II power. Read @JoshMBlackman & @benjaminwittes's exchange on this question:
lawfareblog.com/obstruction-ju…
lawfareblog.com/obstruction-ju…
lawfareblog.com/obstruction-ju…
lawfareblog.com/how-can-presid…
Read 6 tweets
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Ryan Goodman
@rgoodlaw
<THREAD> This scoop by @KatyTurNBC and @carolelee puts the nail in the coffin of arguments that Mueller is not digging deep into potential Trump-Russia collusion and is focused on obstruction and process crimes. 1/
Mueller's questions of witnesses described in the Tur-Lee NBC story closely tracks the crimes under campaign finance law outlined by former White House Counsel Bob Bauer:

justsecurity.org/author/bauerbo… 2/
The @KatyTurNBC @carolelee report also has a lot on Roger Stone. As I said back in September, I would not want to be Stone's defense attorney given the Timeline of his statements and known interactions with Guccifer 2.0 and Wikileaks:
3/
Read 5 tweets
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Just Security
@just_security
Former White House Counsel and top election law expert Bob Bauer:

"Russia's Internet Research Agency is now revealed to have been among the largest Super PACs operating in the 2016 elections."

justsecurity.org/52591/decoding…
Former White House Counsel Bob Bauer:
"The indictment is also conclusive on a critical point: The Russians were all in for Trump. We have one half of the pairing needed to show a political alliance of a presidential campaign and foreign interest."
"Deputy AG Rosenstein told the press, 'there is no allegation in THIS INDICTMENT that any American was a knowing participant in this illegal activity.' It seems that more from Mueller lies ahead: Rosentein was careful to stress the 'special counsel’s investigation is ongoing'”
Read 3 tweets
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Andy Wright
@AndyMcCanse
THREAD on Darrell Issa’s retirement, based on my experiences with him as a committee staffer in Congress & an Obama White House lawyer.
There will be grave dancing. 1/
I served on the Democratic staff of the House Committee on Oversight & Government Reform (HOGR) from 2007-2011, where Rep. Issa (R-CA) served 2/
On HOGR, I worked for Rep. John Tierney (D-MA)’s national security subcommittee staff, our full committee Chairs were Rep. Henry Waxman (D-CA) & then Rep. Ed Towns (D-NY) 3/
Read 32 tweets

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