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1/ Another important executive privilege piece from @jshaub. Whatever you might think about whether EP should *ever* outweigh congressional need in an impeachment proceeding--and the historical answer *of the Executive branch* to that question has been "no"-- this much is clear:
2/ If the communication in question *will be published in a Simon & Schuster book on March 17,* there's absolutely no justification for any Senator voting to prevent the Senate from hearing it on EP grounds in an impeachment trial, assuming it's relevant.

@just_security
3/ Sorry, here's the Shaub piece:

lawfareblog.com/executive-priv…
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More from @marty_lederman see all

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Marty Lederman
@marty_lederman
1/ Yes, there ought to be significant protests and resignations in DOJ, following the lead of the deeply principled Kravis & Zelinsky. Unfortunately, however, it won't make a (practical) difference. Even if, e.g., Chris Wray & Noel Francisco & Brian Benczkowski & Jeff Wall ...
2/ ... & Tim Shay & Jeffrey Rosen all resigned, and together with, e.g., Jeff Sessions, Rod Rosenstein, Bob Mueller, Rachel Brand, Dana Boente, Don McGahn--hell, let's add Jim Mattis, John Kelly, H.R. McMaster, John Bolton, Kirstjen Nielsen, Dan Coats, Rex Tillerson, et al.-- ...
3/ ... issued a powerful, unequivocal condemnation of Trump/Barr's aggressive & unapologetic shredding of decades-old norms, not only at DOJ but also at State, DOD, NSC, etc., it wouldn't move 50+ GOP Senators an inch, ...
Read 5 tweets
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Marty Lederman
@marty_lederman
1/ Iran response to UNSC re: Soleimani targeting.

@becingber @nlubell @MonicaHakimi @oonahathaway @AdHaque110 @eliavl
@nlubell @ejiltalk @just_security @chesney @rgoodlaw @DebPearlstein @Schmitt_ILaw @arenda @AnthonyDworkin @TomRuys_Law

undocs.org/en/S/2020/81
2/ Notice how the entire dispute, at least insofar as this letter is concerned, is about whether Iran was responsible for the series of 2019 militia attacks on U.S. forces/bases in Iraq. And *neither* side offers the UNSC any evidence on which to assess that factual dispute.
3/ Notably, Iran doesn't deny that targeting Soleimani would've been lawful if Iran *were* responsible for the militia attacks (although it doesn't expressly concede it, either).
Read 4 tweets
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Marty Lederman
@marty_lederman
1/ Thanks for this fine paper, @eliavl--very helpful and thought-provoking. Curious whether & to what extent the forthcoming @nlubell paper will concur. It prompted at least two sub-questions that I'd be interested in hearing about from you both, ...

papers.ssrn.com/sol3/papers.cf…
2/... if you have any thoughts. First, doesn't there have to be a discrete, focused ad bellum proportionality calculation w/r/t force used by A against B *in a third state C*? Second, does either of you have have any sense how, if at all, states themselves assess ....
3/ ... "continuing" ad bellum proportionality? That is to say, are these papers predominately for an academic audience or are they designed to have practical application--and, if the latter, how closely do they reflect actual practice?
Read 3 tweets

Related threads

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Heidi Przybyla
@HeidiNBC
.@senatemajldr statement:

"A majority of the U.S. Senate has determined that the numerous witnesses and 28,000-plus pages of documents already in evidence are sufficient to judge the House Managers’ accusations and end this impeachment trial.

1/
@senatemajldr There is no need for the Senate to re-open the investigation which the House Democratic majority chose to conclude and which the Managers themselves continue to describe as “overwhelming” and “beyond any doubt.”

2/
@senatemajldr Never in Senate history has this body paused an impeachment trial to pursue additional witnesses with unresolved questions of executive privilege that would require protracted litigation.

3/
Read 5 tweets
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Tom von Alten
@fortboise
Alrighty, then, my live #impeachment thread for you.

Let's start with the GOP's Rules guy.
"Hearsay"
Adam Schiff
Unfair
Don't actually rise to an impeachable offense
Shut down by the rules

Blah blah blah WE DO NOT HAVE, OR KNOW OF ANY EXCULPATORY EVIDENCE so
we're going to spend all day pettifogging.

NOT ENOUGH TIME!
If you can't stick around for the whole day, your shorter #impeachment:

1) The president abused his power for personal gain.
2) The president obstructed Congress' investigation of his abuse.
Read 48 tweets
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Oeishik M.G.C. JD
@TributeProjects
A note on #impeachment #Ukraine

Below you will find what the Constitution of the United States says about the impeachment process.

Something to remember as we wade into this sacrosanct constitutional process: Congress has unchecked power to impeach. The House of Representatives
has 'sole' power of impeachment. Sole = belonging only to. Nixon v. Fitzgerald, a landmark case that established executive privilege & presidential immunity also ruled that impeachment & the press were inherent powers of the public to check presidential abuse of power.
The Constitution does not give the judicial or executive branch any jurisdiction to limit or obstruct the impeachment process. In fact, doing so would contravene the express mandate of the Constitution and all following judicial & legislative actions in this matter. So what's
Read 22 tweets
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Oeishik M.G. C. JD
@TributeProjects
A note on #impeachment -

In a court of law, under non-presidential circumstances, impeachment is a tool litigation attorneys use to discredit the opposing side's witnesses at trial. When said witness takes the stand under oath attys. present evidence contrary to what the witness
claims. This weakens the other side's case by discrediting impeached witnesses's testimony. Once a witness has been impeached - by presentment of inconsistent testimony - the judge/jury can no longer use the impeached witnesses's testimony in reaching a verdict.
Simply put, they aren't trustworthy. In the case of Presidential impeachment that broad definition of impeachment applies, but the impeachment tool is used for a very different purpose. Under the Constitution, a sitting President cannot be tried in a court of law for anything.
Read 25 tweets
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Joseph Britt
@Zathras3
Vigorous #impeachment discussion yesterday between polls and elections expert @NateSilver538 (con) and former Harry Reid person @AJentleson (pro). The subject is worth a thread.
2. As with most issues before Congress, substance and politics are closely related but distinguishable. As to substance, the argument -- persuasive to me -- is that obstruction of justice, contacts with Russians seeking to influence a US election, corruption and the rest...
3...will do mortal damage to American democracy if tolerated. Not proceeding toward impeachment proceedings means tolerating all of these things, though it is possible to deceive oneself on that point. The political argument @NateSilver538 makes is about American voters.
Read 27 tweets
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ystriya
@ystriya
Man who decided a few months ago that he's actually a woman got called a man by a @Lyft driver. The man almost cried, but is now relieved that @Lyft has deactivated the driver for this grievous crime, thereby depriving him of his livelihood .
#Privilege

threadreaderapp.com/thread/9917075…
Yes and it's this man, more of a man than you'll ever be, who got a man fired today for calling him a man.
Man who decided a few months ago that he's actually a woman now calls the police on a latino bar for noticing he's a man and not letting him into the women's toilets, which are reserved for women.

Guy seems hellbent on putting people out of business for hurting his feelings.
Read 23 tweets

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