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Marty Lederman
@marty_lederman
, 3 tweets, 1 min read Read on Twitter
1/ If I'm understanding the Administration rollout, the emergency declaration won't even be relevant for years, because allegedly they'll first spend $2.5 billion for implementation of 284(b)(7) authority to construct "fences" to block drug smuggling corridors.

@just_security
2/ Has anyone figured out where that $2.5 billion would be found? The most recent DOD appropriations law only appropriates $881 million for all DOD drug interdiction activities combined.
congress.gov/115/crpt/hrpt9…
3/ Perhaps it's more important we figure this out before worrying about the emergency declaration.
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More from @marty_lederman see all

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Marty Lederman
@marty_lederman
1/ The one strange note is the reference to the fact that the strike was "non-military," which I assume is a reiteration of the point in the previous graf ...

@opiniojuris @just_security @rgoodlaw @BobbyChesney @LieberCode

mea.gov.in/Speeches-State…
2/ ... that it was conducted by an intel agency ("intelligence led operation"), rather than by the Indian military. Any idea why India thought that distinction might be relevant?
3/ Many on twitter are assuming it was an IAF operation, but the statement is careful not to refer to the IAF.
Read 4 tweets
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Marty Lederman
@marty_lederman
1/ I understand the rhetorical and political value of asserting that Trump's "emergency" declaration is unconstitutional, but the pending suits aren't really about constitutional disputes, no matter how they're styled.
2/ AFAIK Trump isn't claiming any Art. II authority to act without statutory authorization, let alone to disregard a statutory obligation or constraint: He's merely arguing that he has statutory authority to build Wall/Fence.
3/ When many critics asserted that the Obama Administration acted unconstitutionally when it asserted the power to promulgate DAPA under the INA, that was a category mistake (or a canard)--see my posts below.

balkin.blogspot.com/2014/11/dispel…

balkin.blogspot.com/2016/01/two-mo…
Read 8 tweets
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Marty Lederman
@marty_lederman
When his lawyers told Trump he'd face tough sledding in court, this--and not the question of whether there's an "emergency"--is almost certainly what they had in mind.

nationalreview.com/2019/02/trump-…
To similar effect, see @CassSunstein here.

bloomberg.com/opinion/articl…
On the other hand, there's another, much more significant legal question to consider ("Where's the $2.5 billion for fence-building?") before we even get to emergency declarations, the NEA, and 2808.

Read 3 tweets

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(((AG)))
@AG_Conservative
Emergency declaration thing is a perfect example of the fight on the right over how to react to lack of standards on the left:

Some want to abandon all standards to "equal the playing field," while others would rather keep our standards and try to make others live up to them.
Aside from the obvious hypocrisy of the former, it's also a very short-term approach. Once you go down that road, there is no going back. Once you decide to just abandon the Constitution, people won't magically agree to restrain gov't again tomorrow.
You're basically throwing away our entire system of governance for a minor win because the other guys got away with it at some point. It's really not worth it. Those who choose to go down that road will really regret it in the long run.
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Mr. Azam
@mrazamtweet
#b Excellence is overrated, competence is underrated.
Competence is knowing what to do in a situation and how to do it. It is not the same as excellence.
Excellence is dependent on other people, like judges, examiners, teachers, assessors, inspectors, auditors. But we can't control these people and whether they think we're excellent or not.
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saket suryesh
@saket71
Friends, #RahulGandhi spoke in #CongressPlenarySession on @INCIndia only saviour of #judiciary from the wrath of @narendramodi . Let me tell you-

The Story of an Upright Judge
Once, decades back, when the millennial was not even in dreams, 30 years post independence, Congress PM, Indira Gandhi imposed #Emergency. Media was censured and all opposition thrown in Jail.
What it meant for young kids understanding is that you could be on your way for Tinder date at CCD and Police could pick you up under MISA and jail you for year or more before bail. #Emergency
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Tuur Demeester
@TuurDemeester
1/ In the 1860s, the advantages of petroleum had to be demonstrated and explained to skeptical buyers. Here's how A.W. Crawford created the first European export market for U.S. petroleum:
2/ Export volumes ballooned quickly: from 40 barrels to 25 million barrels in only two years time.
3/ In 1862, petroleum was shipped in barrels, or in more expensive but less leaky cans. Then in 1886 experiments with more efficient "bulk" or "tank" ships started. By 1898, 70% of petroleum exports were shipped in these early oil tankers.
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Mr. Azam
@mrazamtweet
#b 'Teknik menjawab' is not a series of rituals that you carry out to secure an A in the exam. You don't get guaranteed an A just through superficial actions like highlighting keywords or drawing meniscus or inserting isi tersirat.
The problem is students and teachers treat teknik menjawab as some sort of pseudo magical ritualistic gestures that will bring a certain outcome. Draw a pentagram, slaughter a chicken, and your wish will be granted.
Some remote Pacific Islanders in 1940s came in contact with Allied and Japanese soldiers who were more technologically advanced and thought the soldiers were gods who had many "cargo" (canned food, electronics, modern stuff)
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