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1/ Questions for those of us dubious about the legality ...

@becingber @nlubell @MonicaHakimi @oonahathaway @AdHaque110 @eliavl
@nlubell @JaninaDill @ejiltalk @just_security @lawfareblog @chesney @rgoodlaw @DebPearlstein @Schmitt_ILaw @arenda @AnthonyDworkin @TomRuys_Law
2/ ... of the Solemani strike, on constitutional and/or Charter grounds: Do we think this strike was distinguishable from Reagan's 1986 strike on Libya and Clinton's 1993 strike on Iraq, or that all three (or two of three) were unlawful? If the former, what are the distinctions?
3/ The credibility of the supporting evidence? The unlikelihood that the explanation here--unlike in '86 and '93--describes the POTUS's true reasons? The higher likelihood of escalation this time (relevant for the Art. II question, if not the 2(4) question)?
4/ That it occurred in Iraq rather than in Iran? That it targeted a particular individual? Something else?
5/ FWIW, here are the U.S. justifications to the UN in '86 (beginning on page 13) and '93-- which don't, of course, discuss the constitutional question:

undocs.org/en/S/PV.2674#p…

undocs.org/S/26003
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Marty Lederman
@marty_lederman
Can someone pls explain why the government has standing to petition in Barr v. AAPC, No. 10-631, to be argued 04/22? Court of appeals held that TCPA "robocall" prohibition was unconstitutional b/c of exemption for certain debt-collection calls ... /1

#appellatetwitter #scotus
... but purported to remedy the content discrimination by "invalidating" the exemption, so that debt-collection calls would also be prohibited--i.e., the court purported to make the prohibition *broader.* There's an interesting question in the case about whether a court ... /2
... has the power to issue such a "remedy" extending the scope of a speech restriction beyond what Congress provided. But why is the government injured by the holding? Judgment is in its favor--the plaintiff group that brought the case won't receive the requested relief ... /3
Read 4 tweets
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Marty Lederman
@marty_lederman
This column is misleading regarding several legal (constitutional & statutory) questions (see tweets 3-11, below), but none of that really matters much. @JoshMBlackman notably *doesn't* argue ... /1

washingtonpost.com/outlook/2020/0…
2/ ... that anything in the letter of the 2000+ DOJ employees is mistaken (he spends most of the column addressing a straw man argument the attorneys don't make); and, most importantly, he *agrees* that "the president should stay out of sentencing decisions, ... /2
... especially those involving his friends"--thereby confirming the principal point of the DOJ employees' letter.

FWIW, however, here are some of the column's dubious legal claims: /3
Read 12 tweets
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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, ...
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Lulu Friesdat
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Randall Eliason
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Questions for those who argue that charging the president with obstruction of justice for an executive act like firing the FBI director or shutting down an investigation into his own misconduct would impermissibly infringe on his "constitutional authority." 1/
The Speech or Debate clause in Article I provides that for purely legislative acts a Member of Congress "shall not be questioned in any other place." That's an explicit grant of immunity, and demonstrates the framers knew to grant such immunity. 2/
It would have been a simple matter for the framers to include similar immunity for the President in Art. II - "For any exercise of Executive authority under this Constitution, the President shall not be questioned in any other place." Why didn't they? 3/
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Pat Porta
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A security question is a form of shared secret used as an authenticator.

It is commonly used by banks, cable companies and wireless providers as an extra security layer. - @Wikipedia

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