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Jed Shugerman
@jedshug
, 5 tweets, 3 min read Read on Twitter
"Thanks to Mueller, Trump can plausibly claim he has a 1st Amendment right to go to a foreign government to solicit—even...extort—valuable information against political opponents."
I agree w/ @rickhasen.
How can we the people overcome Mueller's egregious error?
Impeachment.
@rickhasen 2/ I disagree with @rickhasen that the Trump Tower meeting was criminal.
But in June, I also argued Mueller's report (either carelessly or ideologically) opened a massive loophole for unregulated "oppo research."
And Trump just walked through it.
nytimes.com/2019/06/27/opi…
3/ I wrote:
"Mueller weakened anti-corruption campaign law by validating 1st Amendment objections to basic provisions of campaign finance law, creating a loophole, getting Congress’s "coordination" statutes wrong, then declining to call out the violations he actually found..."
4/ From June: "Mueller's legal error has serious consequences. Just as Trump invitated foreign govts to help in 2016, the Mueller report is an unwitting invitation to Trump & foreign govts to use opposition research to evade campaign finance law."
nytimes.com/2019/06/27/opi…
5/ Consider the timeline:
7/24: Mueller's weak testimony
7/25: Trump called Ukraine PM to investigate Biden
7/28: Trump forced out Coats, announces hack Ratcliffe.
Mueller & Dems' weakness invited Trump's escalating criminality.
The answer now: Impeach.
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More from @jedshug see all

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Jed Shugerman
@jedshug
Inspired by Lawson & Seidman's _A Great Power of Attorney_:
@Richard_Primus @_John_Mikhail & Suzanna Sherry for @RandyEBarnett's @GUConstitution symposium.
Ethan Leib & I offer "Fiduciary Constitutionalism: Implications for Self-Pardons & Non-Delegation"
law.georgetown.edu/public-policy-…
@Richard_Primus @_John_Mikhail @RandyEBarnett @GUConstitution 2/ 1st, fiduciary constraint has implications for the legal validity of pardons that are not efforts to pursue the public interest.
2d, the analogy of a trust instrument helps explain early non-delegation doctrine, but suggests fidelity & flexibility on delegation today.
@Richard_Primus @_John_Mikhail @RandyEBarnett @GUConstitution 3/ @Richard_Primus's insightful critique of Lawson/Seidman:
"The metaphor of Const. as a power of attorney nicely highlights the principle that govt officials should act in the public interest rather than for personal benefit. But it’s only a metaphor."
Read 7 tweets
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Jed Shugerman
@jedshug
Crime of the day:
Misprision, 18 USC 4:
One, having "knowledge of the actual commission of a felony, conceals and does not as soon as possible make [it] known...to some authority."
Especially for public officials.
Cc: @SecPompeo, Barr.

My 2017 explainer:
shugerblog.com/2017/09/04/pen…
@SecPompeo 2/
Roberts v US, 445 US 552 (1980):
"Concealment of crime has been condemned throughout our history. Although the term 'misprision of felony' now has an archaic ring, gross indifference to the duty to report known criminal behavior remains a badge of irresponsible citizenship..."
@SecPompeo 3/ "This deeply rooted social obligation is not diminished when the witness to crime is involved in illicit activities. Unless his silence is protected by the privilege against self-incrim, the criminal defendant no less than any other citizen is obliged to assist authorities."
Read 5 tweets
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Jed Shugerman
@jedshug
Not sure I’m supposed to say this out loud...
Though there is no evidence Biden did anything wrong w/ Ukraine & it’s a bad faith smear, Hunter’s ethics generally & Joe’s inaction are valid political issues.
It’ll happen now or next fall.
It’s a reason to impeach now.
Air it out.
2/ It seems like obvious political malpractice to say we should avoid impeachment hearings in 2019 because it might hurt Biden.
If Joe gets the nomination by avoiding this topic of Hunter until summer 2020, he will get SwiftBoated by GOP PACs to death, fairly or unfairly.
3/ Rather than have Dem candidates awkwardly and self-destructively raise this issue (alienating Dem and indy voters)...
Or avoid it, but allow Trump to use it dishonestly in 2020...
Force the GOP to show their hand now.
It either reveals the problem or inoculates it before 2020.
Read 3 tweets

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@Z_Everson
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