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Jed Shugerman
@jedshug
, 3 tweets, 4 min read Read on Twitter
"Pardons are a kind of wormhole in the Constitution that opens up absolute impunity for president & supporters" @chait writes.
But Ethan Leib & I suggest a different wormhole solution: into & the original meaning of "faithful exexcution" as fiduciary limit. h/t @andrewkent33
1/
@chait @andrewkent33 2/ Leib, @andrewkent33, and I wrote about the historical origins of "faithful execution" in the Constitution from 13th century England to the colonies and Founding: a fiduciary-like duty of fidelity & loyalty, against self-dealing. (@HarvLRev June 2019).
harvardlawreview.org/2019/06/faithf…
@chait @andrewkent33 @HarvLRev 3/ To @jonathanchait:
Fiduciary constitutionalism "has implications for the legal validity of pardons that are not efforts to pursue the public interest... Pardons in derogation of a president’s fiduciary obligation [faithless execution] are invalid."
papers.ssrn.com/sol3/papers.cf…
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More from @jedshug see all

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Jed Shugerman
@jedshug
This is not “hardball.”
This is anti-democratic beanball to exploit 9/11 so egregiously and dishonestly.
And I’ve documented how these GOP beanball tactics didn’t start with Trump. They paved the way to Trump. 1/
2/ Dems went to 9/11 memorial this AM.
@GOP promised no legislative votes until 1 pm.
@ncGOP lied and apparently waited until after yesterday’s special election to dodge voter backlash.
There is legitimate question if legislation passed by deceit is valid.
@GOP @NCGOP 3/ Here's my piece on David Pozen & Joey Fishkin, "Asymmetric Constitutional Beanball."
"I suggest a different baseball metaphor for such tactics: beanball, pitches meant to injure and knock out the opposing player, against the basic rules of the game."
columbialawreview.org/content/hardba…
Read 4 tweets
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Jed Shugerman
@jedshug
"There isn't much of a track record of Russians assassinating former spies." Yes, @KenDilanianNBC actually said this in his own defense. Dumbfounding. He and NBC owe some better answers for endangering an asset for no apparent journalistic purpose. He certainly didn't offer one.
@KenDilanianNBC *former asset.
This segment reflects terribly on Brian Williams, too. When @KenDilanianNBC says "There isn't much of a track record of Russians assassinating former spies," what journalist - or sentient being - doesn't ask, "You're joking, right? Please tell me you're joking."
@KenDilanianNBC In the clip, Ken suggested the Russians already knew, but to his credit, he also acknowledged his story put the former asset into the spotlight, thus increased the danger as a bad precedent of impunity.
But even worse, he still offered no justification for increasing this risk.
Read 7 tweets
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Jed Shugerman
@jedshug
Manafort's lawyers are right.
@cyvance made a clear double jeopardy error and has dodged answering for it...
But what about valid state tax fraud charges?
Where are the prosecutors in CA and IL on new bank fraud?
@CyVance 2/ Some background on why @CyVanceforDA charges are double jeopardy on 11 or 12 of the 16 counts:
slate.com/news-and-polit…
@CyVance @CyVanceforDA 3/ And here I discuss the valid state charges that still could be brought in NY, VA, CA, and IL against Manafort.
Ironically, the lone hold-out #MAGA juror in August left more of these charges available by hanging the jury:
slate.com/news-and-polit…
Read 3 tweets

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Here’s what’s odd about Trump’s Ratcliffe announcement:

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DUMP TRUMP
@Kegan05
A Lone #Democrat Just Introduced #ArticlesOfImpeachment Against #Trump vanityfair.com/news/2017/10/a…
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