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Marty Lederman
@marty_lederman
, 4 tweets, 2 min read Read on Twitter
1/ Questions about Giuliani's role: The recent accounts make it sound as if he--the POTUS's personal lawyer--was representing the United States in diplomacy w/a foreign nation. In what capacity? Was he hired by the federal government--and if so, to what office or employment?
2/ Was he volunteering? If so, is that a violation of 31 USC 1342, or did some other law authorize someone (Trump? Pompeo?) to accept his (uncompensated?) services? I'm not suggesting this was unlawful (not yet, anyway)--only trying to understand what happened.

@just_security
3/ Presumably he was a "special envoy" or "special agent"--see pp. 102-04:

justice.gov/file/451191/do…

and @ryanscoville:

scholarship.law.duke.edu/cgi/viewconten…

That still leaves the question (doesn't it?) of volunteer services under section 1342-- ...

HT: @MargLTaylor
4/ ... and whether there's any particular problem with the POTUS hiring his personal lawyer as a "special envoy" to represent the U.S.
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Marty Lederman
@marty_lederman
1/ @rgoodlaw, @BobbyChesney, @oonahathaway, other @just_security and @lawfareblog peeps, et al.: Can we make sense of the Syria announcement? Is this basically the gist?:

i. The U.S. is paying the SDF to detain our ISIL prisoners, and our troops are protecting the SDF. ...
2/

ii. Now, the U.S. troops will leave, inviting Erdogan to "sweep away" (@nytimes euphemism) the SDF, which Turkey views as hostile terrorists.

iii. At which point "Turkey will be responsible" for the ISIL prisoners (per WH statement)-- . . .
3/
... but presumably no one will any longer be detaining them (why would SDF bother?).

iv. So the ISIL prisoners will be let loose? Detained by Turkey even though Turkey isn't in an armed conflict w/them?

v. And that's *in addition* to the question ...
Read 4 tweets
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Marty Lederman
@marty_lederman
1/ The released OLC opinion makes it sound as if the whistleblower complaint was simply about the Trump/Zelenskyy call, which has been declassified. But then why are members reviewing the complaint in a SCIF? Must be more to it than that one call, right?

@just_security
2/ I suppose it *might* be about only the one Zelenskyy call, but also name the "WH officials" who expressed concerns to the whistleblower. But their identities wouldn't be classified--they presumably could be redacted or viewed outside a SCIF--and, anyway, ...
3/ ... the OLC opinion says the officials are "unnamed" in the complaint.

If the complaint *does* go beyond the Zelenskyy call--in a way that continues to require a SCIF--then why did the OLC opinion suggest otherwise?
Read 4 tweets
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Marty Lederman
@marty_lederman
UK Supreme Court summary of judgment and full opinion in case unanimously[?] declaring invalid the prorouging of Parliament:

supremecourt.uk/cases/docs/uks…

supremecourt.uk/cases/docs/uks…

#Brexit
The seed of 1001 forthcoming law review articles: "Every prerogative power has its limits."

@jdmortenson
The opinion has a great deal in common with the SCOTUS's State Farm and recent census opinions: "It is impossible for us to conclude, on the evidence which has been put before us, that there was any reason--let alone a good reason-- ...
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