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Josh Blackman
@JoshMBlackman
, 4 tweets, 3 min read Read on Twitter
1/ Has the President waived executive privilege by allowing Don McGahn to talk to Mueller? @charlie_savage suggests yes: nytimes.com/2019/05/02/us/…
2/ The President's private attorneys said no. They distinguish between when POTUS "encourage[s] complete cooperation and transparency in a criminal investigation conducted largely within the Executive Branch" and allowing congressional testimony
lawfareblog.com/document-white…
3/ I love this nugget from @charlie_savage: "Congress lacks any prison for holding someone in long-term detention, and trying to use its limited security forces to arrest an executive branch official could provoke a dangerous standoff." Maybe the #SCOTUS marshall can help?
4/ @jshaub: "even if POTUS allowed McGahn to disclose to the special counsel information that falls w/in the scope of executive privilege, POTUS retains the constitutional authority to prevent that material from being disclosed further or released to Cong" lawfareblog.com/executive-priv…
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More from @JoshMBlackman see all

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Josh Blackman
@JoshMBlackman
In NY 2nd Am case, several groups that traditionally file briefs in support of gun control regulations have filed briefs in support of neither side, urging SCOTUS not to adopt strict scrutiny. In other words, kill the NY law but don't adopt strict scrutiny
supremecourt.gov/search.aspx?fi…
Brady filed a brief that urges #SCOTUS to avoid the constitutional question, and find that the NY law is preempted by Firearms Owners Protection Act (FOPA). I've seen it all!
supremecourt.gov/DocketPDF/18/1…
The Pink Pistols amicus brief offers this conclusion: supremecourt.gov/DocketPDF/18/1…
Read 6 tweets
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Josh Blackman
@JoshMBlackman
1/ Thread on Franchise Tax Board v. Hyatt #SCOTUS
2/ Nevada v. Hall (1979) found that the text and history of the Constitution "do not answer the question whether the Constitution places any limit on the exercise of one's State's power to authorize its courts to assert jurisdiction over another State."
3/ FTB v. Hyatt (2019) found that Hall found that "the Eleventh Amendment, and our sovereign-immunity precedents did not bear on the question because they "concerned questions of federal-court jurisdiction.'"
Read 18 tweets
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Josh Blackman
@JoshMBlackman
1/ Thread on Murphy v. Collier (Texas Buddhist execution case). The Court granted the stay on March 28. #SCOTUS
2/ At the time, J. Kavanaugh wrote a two-page concurrence to explain why he voted to stay the execution. J. Thomas and Gorsuch would have denied the stay, but did not explain their reasons.
3/ Monday yielded more developments in this month-old case. It is strange for a Justice to write a dissent to explain their decision a month earlier. It is even stranger for a Justice to respond to these late additions. Yet, this is precisely what happened.
Read 36 tweets

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Tim Hogan
@TimInHonolulu
1. IMO House should open impeachment proceedings but obstruction should not be principal focus. He obstructed to conceal treason. That should be focus & what any reviewing court would have for the basis for urgency to act immediately to overrule further @WhiteHouse obstruction.
2. Where a federal officer like @stevenmnuchin1 obstructs by blocking a mandatory act the remedy is Mandamus and a preliminary injunction against obstruction. We need to tee up actions in the district court to seek an order directing him to turn it over. @RepJerryNadler needs to
3. tee that up. Also, with the open treason investigation, @RepJerryNadler files in the US district court naming either judge Jackson or Sullivan as related cases and seek a ruling that under a criminal case no executive privilege applies. Add crime fraud and move for expedited
Read 7 tweets
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Putin's Clown Prince
@putinsclown
“Trump said on Sunday that the special counsel, Robert S. Mueller III, should not testify before Congress, setting up another confrontation with Democrats over presidential authority and the separation of powers.” ⁦@nytimes⁩ nytimes.com/2019/05/05/us/…
⏰ FEAR? How are the @TheJusticeDept & @FBI dealing with all this? Everyone “just following orders"? Going along to get along? Is their allegiance to Trump, the @GOP, some ideology, or to the constitution? Are they powerless? Looking for excuses & pretexts to hide in the shadows?
“Fascism is a form of radical, right-wing, authoritarian ultranationalism, characterized by dictatorial power, forcible suppression of opposition, and strong regimentation of society & of the economy, which came to prominence in early 20th-century Europe.” - WikiPedia @Wikipedia
Read 11 tweets
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Paula Chertok🗽
@PaulaChertok
🚨Trump sues Congress to keep his finances hidden from House Oversight. Complaint sounds like it was written by Sarah Sanders: “The Democrat Party…has declared all-out political war against President Donald J. Trump. Subpoenas are their weapon of choice.” assets.documentcloud.org/documents/5973…
Trump's hiding his national security abuses, ordering Carl Kline to defy a Congressional subpoena. This will lead to a contempt order. Where their stonewall strategy must lead. As w/ financial info, it's a delay tactic. But in the end it will result in more impeachable offenses.
🚨There you have it ➡️ White House plans to fight House subpoena of former counsel Donald #McGahn for testimony on #MuellerReport. Trump & his Roy Cohn gang stonewalled Mueller, now they’ll stonewall Congress. How much contempt can democracy bear from this contemptible POTUS?
Read 5 tweets
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Tim Hogan
@TimInHonolulu
1. What's stopping @RepJerryNadler from issuing #Mueller subpoena?
Is it #ExecutivePrivilege? The idea that there is executive privilege over Mueller testifying in congress is beyond absurd. Executive privilege is to protect Presidential communications with advisers.
2. This was a criminal probe of the President. There is no possibility that Executive Privilege attached especially where it's likely he took the 5th. This is a red herring.
3. Grand Jury Rule 6(e)? Barr can easily obtain a waiver from Beryl Howell the DC chief judge. Again nonesense.
National Security? Sure, that's what redactions are for.
Read 7 tweets
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robjh1
@robjh1
What the New York Times and other MSM won't point out about the #NYTimes article, "Mr. McGahn cautioned to investigators that he never saw Mr. Trump go beyond his legal authorities, though the limits of executive power are murky."
All of this from the #NYTimes' article. Maggie Haberman writes with a slant for approval of her low informational readers. Don't be fooled by the pen.
Now the #FakeNewsMedia & cohorts are doing all it can to make Trump jaded over McGahn cooperating with Mueller. Now, mind you the president gave the ok for McGahn to speak with Mueller without any conditions. That said how the heck is McGahn going against Trump? #FAKENEWS folks.
Read 4 tweets
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NotMyPresident
@ironstowe
THREAD

MEMBERS OF TEAM #MUELLER
1.Zainab Ahmed
Ahmed is an expert in prosecuting terrorism and organized crime, Zainab Ahmad previously served as an assistant US attorney for the Eastern District of New York. She joined #TeamMueller in the summer of 2017.
1a)Ahmad has worked on the case of Flynn: She was one of two prosecutors who signed Flynn’s charging documents and was also in court for Flynn’s guilty plea in December 2017.

#MuellerTime
#TeamMueller
Read 66 tweets

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