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Former White House Counsel Don McGahn must comply with his congressional subpoena, District Judge rules.
Judge Jackson's 120 page opinion: courtlistener.com/recap/gov.usco…
The holding of the case.
In May, the Office of Legal Counsel in the DOJ gave the WH the exact opposite advice, even though this same court in DC which has jurisdiction had previously ruled the way Judge Jackson did today in 2008 in a case involving a former WH Counsel. justsecurity.org/wp-content/upl…
Everyone knew the 2008 case is still good law. An appeal was filed back then and then, after a settlement, abandoned.

But OLC doesn't like the precedent, so they advised their clients to ignore it. Now they'll try to restart the appeals process to vindicate that lawless advice.
Judge Jackson had some words for the OLC's opinions.
Judge Jackson writes that absolute immunity from congressional subpoenas for presidential aides is "a fiction that has been fastidiously maintained over time through the force of sheer repetition in OLC opinions."
Just a barn-burner of an opinion
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southpaw
@nycsouthpaw
This was a long time coming. The house voted to hold Barr and Ross in contempt in July.
(Redoing these tweets to make it a bit less cryptic) politico.com/story/2019/07/…
Just gonna post the first few pages.
Read 4 tweets
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southpaw
@nycsouthpaw
This is being called a ‘resignation letter,’ but is it one?

“I hereby acknowledge my termination,” Navy Secretary Spencer writes.
A humble request— If you are departing because you are not on the same page with the president on undermining the rule of law and the good order and discipline of the armed forces, do not go on to write that the president deserves a Navy Secretary who will undermine those things.
The president doesn’t deserve to have henchmen who will undermine the rule of law out of personal fealty to him in high office. The American people deserve civil servants who will uphold their oaths to the constitution. If that’s too wordy, just say alright I’m out.
Read 3 tweets
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southpaw
@nycsouthpaw
“Facebook and Twitter were the reason we won this thing. Twitter for Mr. Trump. And Facebook for fundraising." -Brad Parscale, Trump campaign digital director wired.com/2016/11/facebo…
“Without Facebook, we wouldn’t have won. I mean Facebook really and truly put us over the edge. Facebook was the medium that proved most successful for this campaign.” -Theresa Hong, Parscale’s lieutenant
It’s of course fine to doubt the credibility of these people; they stand to gain from claiming that their work and vast expenditures had significant impact. But imo it’s better to engage with the evidence and describe its limitations rather than deny any evidence exists.
Read 3 tweets

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Roscoe B Davis🎖⭐️⭐️⭐️
@RoscoeBDavis1
U.S. District Judge Ketanji Brown Jackson, an Obama appointee, said McGahn is obligated to comply with a House Judiciary Committee subpoena from April seeking to compel his testimony.

The White House, though, has already said it would appeal the decision.
Ketanji Brown Jackson appointed as judge in 2014 by Barry, is married to surgeon Patrick G. Jackson. Jackson is related by marriage to former U.S. House Speaker Paul Ryan. Her husband is the twin brother of Ryan's brother-in-law.
Judge Ketanji Brown Jackson said McGahn must appear before Congress but retains the ability to “invoke executive privilege where appropriate”

courtlistener.com/recap/gov.usco…
Read 8 tweets
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Zoe Tillman
@ZoeTillman
Hello from the DC federal courthouse, where a judge will hear args at 2pm in the fight over whether Dems can force former White House counsel Don McGahn to comply with a subpoena to testify.

Previously on what this has to do with the impeachment inquiry: buzzfeednews.com/article/zoetil…
Dems had subpoenaed McGahn earlier this year to testify about the Mueller report, and the White House took the position that McGahn — along with other current and former senior presidential advisers — is completely immune from being forced to do so by Congress
This argument — that current/former senior presidential advisers can't be forced to testify before Congress — is the same one the Trump administration has asserted in directing various people not to testify in the impeachment inquiry. So the McGahn case takes on new relevance
Read 54 tweets
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Roscoe B Davis🎖⭐️⭐️⭐️
@RoscoeBDavis1
Overstock CEO, Patrick Byrne, who was involved in Spygate resigns. Trading halted on shares. Said he plans on..."disappearing for some time." HRC flu season is in play
Byrne delivered to the DOJ a pile of documents, including emails and text messages, in April, regarding both the origins of the Russian investigation, and an FBI operation into Hillary Clinton with which he was personally involved during the first months of 2016
Byrne claims the documents, which have not been made public and are currently under investigation by the DOJ, are allegedly communications he had with the FBI concerning both the Clinton investigation and the origins of the Russian investigation.
Read 60 tweets
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LaserGuy
@LaserGuy3
Bigly News today from SDNY Judge - is this why Trump is freaking-out on Twitter? 🤔
(thread)
…/1
courtlistener.com/recap/gov.usco…
This is NOT just about Cohen - this is the search warrants, applications, & affidavits for the STILL ONGOING Grand Jury investigation of Cohen "and OTHERS" by SDNY! 😎 This is SAME investigation that ref'd "Individual 1". 😉Judge's orig order -
…/2
courtlistener.com/recap/gov.usco…
When Gov argued against this, they said "detailed evidence" in these materials goes "well beyond" what has been disclosed to the public! The materials ref's "other subjects of the investigation" (plural!), & would reveal the full scope & direction of SDNY's investigation🤔… /3
Read 7 tweets
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Headsnipe01
@Headsnipe011
Cummings Issues Statement on Court Ruling Against Trump Administration Citizenship Question

@drawandstrike @catesduane @rising_serpent @almostjingo @tracybeanz @TheChiIIum @Quodverum_ @DRUDGE_REPORT @thomaswictor

justtherealnews.com/2019/01/15/cum…
Washington, D.C. (Jan. 15, 2019)—Today, Rep. Elijah E. Cummings, the Chairman of the Committee on Oversight & Reform, issued the following statement after a U.S. District Court Judge ruled against the Trump Administration’s plan to add a citizenship question to the 2020 Census...
and concluded that Commerce Secretary Wilbur Ross violated federal law:
Read 16 tweets
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Patrick McKenzie
@patio11
In which an ICO promoter (and scammer, but I repeat myself) makes the argument that tokens are not securities and gets dunked on by a judge lucidly and at length:

courtlistener.com/recap/gov.usco…

(It's the September 11th document here if that link expires: courtlistener.com/docket/6317033… )
The judge kicks the ultimate issue to the finder-of-fact (summary dismissals are basically "Is there no set of alleged facts which would be sufficient to satisfy legal requirements here?") but it's a brief and pretty readable application of the Howey test.
The Howey test determines whether something is a security / security offering for the purpose of triggering the US' substantial regulations of security offerings.

Are ICOs securities offerings? Spoiler alert: yes, of course they are. There is no serious dispute of that.
Read 4 tweets

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