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1/ This story, in which @charlie_savage quotes me and @jacklgoldsmith, is absolutely right as far as it goes--w/r/t those witnesses who aren't inclined to testify. The other half of the story, though, is that information of wrongdoing makes its way to Congress & the public ...
2/ ... when it's in the hands of government officials unwilling to comply with "do not cooperate" directives from the WH when they confront serious wrongdoing (or when the directives themselves are patently groundless), and, potentially, when the key info ...
3/ ... is in the hands of third parties, such as accountants and banks, who are willing to comply with legal process. That's why the Mazars/Deutsche Bank cases are so important--and, so far, the Court is signaling that it might decide them w/expedition.

balkin.blogspot.com/2019/11/unders…
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Marty Lederman
@marty_lederman
1/ In response to some replies (online and off), I should elaborate a bit: There are plenty of serious scholars/lawyers/etc. who've argued--and I agree!--that the conduct in question must have been plainly wrongful at the time the officer engaged in it. ...
2/ ... Ex post facto "crimes" are off-limits. It might even be--as Benjamin Curtis argued for Andrew Johnson (h/t @nikobowie, among others)--that such wrongfulness must in some sense be established by "law" ahead-of-time.

memory.loc.gov/cgi-bin/ampage…
3/ As Curtis acknowledged, however, that law can be "written *or unwritten,* express *or implied.*” It doesn't have to be in a criminal statute (which is what I tweeted). Charles Black's canonical formulation remains the best IMHO: The alleged offense must: ...
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Marty Lederman
@marty_lederman
1/ Two important details in the Cipollone letter:

First, Cipollone *still* insists Trump "has done nothing wrong"!--indeed, that the HPSCI hearings "confirm[ed]" it. Extraordinary and deeply troubling for the WHC to say such a thing.

politico.com/f/?id=0000016e…

@just_security
2/ As @benjaminwittes and I have written, this claim of propriety might well be of greater longterm concern/damage than the wrongdoing itself.

theatlantic.com/ideas/archive/…

Second, Cipollone writes that "Both Presidents [Nixon and Clinton] in th[eir] [impeachment] proceedings . . .
3/ ... asserted numerous privileges." I don't believe, however, that *any* of the examples at the pages (24-26) of the CRS report Cipollone cites involved privilege claims *in impeachment proceedings.*

fas.org/sgp/crs/secrec…
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Marty Lederman
@marty_lederman
Judges Jackson & Bates are absolutely right to reject DOJ's groundless argument that close current and former aides to the POTUS are absolutely immune from compelled congressional testimony. [1]

@just_security @adamliptak @savage @steve_vladeck @scotusreporter @AHoweBlogger
Nevertheless, the McGahn decision today is not remotely as important, as a practical matter in the short term, anyway, as the Trump v. Mazars case about to be at the SCOTUS (w/r/t which the Court stayed the mandate this evening). There are at least five reasons why not. [2]
i. It'll probably take months for the court of appeals and SCOTUS to consider the McGahn case, by which time the impeachment proceedings will be over.

ii. Although I doubt DOJ could win on the merits, ... [3]
Read 11 tweets

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Bharata ☺️
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#Story
#StoryOfReligions
#OnceUponATime,Six Blind fellows came in front of an elephant.
The first guy, Abraham by name, felt up the trunk and declared elephant is long & flexible.
When the elephant started probing with its trunk, seeking food, Abraham pushed his son to front.
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Next guy Moses, when he approached, elephant lifted up its head & trunk.
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Mangy Jay
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I say this as a huge Elizabeth Warren fan: people who are not Native *really* need to stop defining the boundaries around the ancestry/DNA story. Do not say it's silly. Do not say it's overblown. Do not say nobody cares. JUST STOP. You are grossing me out.
If you are a fan of Elizabeth Warren, as I am, you should be able to balance your admiration of her w/ the concerns voiced by Native people.

If your love of a politician requires you to stomp out Native voices, you better rethink where you lie on the political spectrum.
Native people have a v. hard time being heard in this society. B/c we are a society that is racist against Natives. Also b/c we are a society that committed *genocide* against Natives.

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Loose_Bull 🇮🇳
@loosebool
#Story ...
1.’Dada ‘ was actually the name of the Dutch company that imported Fake Ghee Called ‘vanaspati ghee ‘ into India in the 1930s as a cheap substitute for Pure ‘desi ghee ‘ Which was prepared from cow or Buffalo milk in India 🤔
2. Desi Ghee was locally made product sustaining Indian Economy-on other hand-So Called ‘Vanaspati ghee’was a type of vegetable shortening made up of hydrogenated or highly saturated vegetable oil and made to just’mimic desi Ghee’🤔!

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SEGA L’évellieur®🚨
@segalink
Since you have decided to join multitudes to do evil because of Blood Money, I will expose you and those you work for. The real Yahoo Baba will be known Nationally. Your mental issues should at least know those to avoid while malfunctioning. I pity that poor young lady. ⏰
This is what Blood Money does to your brain. It makes you forget your destiny helpers. This is someone I took in from homelessness & lack of purpose who piled bills on my account for months. I stood as parent at his 4th wedding yet he turned blackmailer because of BMC?
Wedding pictures loading. This homeless fraudulent albino seeking crumbs must be exposed for who he really is. I’m thankful my life is open and there’re no hidden secrets, what won’t these kind of murders do or say if I didn’t live right?#StayTuned
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Leena📎🧝🏼‍♀️ Alv
@LeenaJohansson
Är du oroad över att demokrati och de mänskliga rättigheterna är i fara? Utveckling i världen och här hemma tyder på det. Du som vill göra något för att lyfta fram det viktiga med samtal om demokrati kan nu att agera. Läs tråden
röstamermänskligt.se
#röstamermänskligt
Alla goda röster behövs för att komma bort från den enkelspåriga retoriken där gruppers gälla mot varann.
#röstemermänskligt är en partipolitiskt och religiöst obunden grupp från skilda bakgrunder med en gemensam nämnare: ett mänskligt samhälle
Valkampanjen är öppen för alla. Du behöver inte vara expert. Det du kan göra är att sprida kunskap, informera och samtala om mänskliga rättigheter under #röstamermänskligt eller irl, på gator och torg, med dina bekanta och familjer.
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