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This extraordinary memo might be more significant than the Mattis statement. Together, the message they send to the forces is unlike anything I can recall. Military resistance to the civilian CINC is *not* a welcome precedent--but Trump has left them with little choice.
To be clear, the military hasn't (yet) refused an order. The point of this memo is to send up a flare in order to try to deter Trump from issuing any unlawful orders. Remains to be seen what the response would be if and when he does so.
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Marty Lederman
@marty_lederman
Wait a sec: The reason her obsessive, multi-year coverage of the so-called "campus culture wars" (hmm: "wars" on campus; "war" in the NYT) "always mattered" was that one day, years later, part of the NYT staff would be upset because @nytopinion chose to publish, ...
... from among thousands of submissions, an Op-Ed by the most belligerent member of the Senate--someone hardly lacking for fora--urging an "overwhelming" and (probably) unlawful use of military force in the midst of a public uprising to protest . . .
... police violence against African-Americans? An Op-Ed that had the audacity to invoke 1957 Little Rock as an analogy?

Boy, she sure was prescient.
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Marty Lederman
@marty_lederman
Judge Sullivan's brief to the D.C. Circuit in the Flynn case.

justsecurity.org/wp-content/upl…

@just_security
This brief doesn't really get into the most important questions relating to Flynn--namely, whether his conduct (and the President's) respecting Russia and Turkey was problematic; whether DOJ, the FBI and the IC had reason to be alarmed by, and investigate, it; and ... /2
... why AG Barr now insists that Flynn did nothing problematic and that the FBI had no basis to investigate the threat he possibly posed. For much more on all of that, see my post from last week:

justsecurity.org/70431/understa…

/3
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Marty Lederman
@marty_lederman
@kewhittington, I agree with your primary point, namely, that the Court will (& should) be less deferential if a Governor leaves restrictions in place for many months on end, w/o reassessment. But of course they won't do--and aren't doing--any such thing: /1
The Governors are adjusting the restrictions virtually weekly as the evidence and medical needs change. As Roberts wrote, it's very dynamic.

Three objections, however:

First, Kavanaugh wasn't "raising real issues." He made unfounded assertions, ... /2
... such as that there was discrimination against church gatherings, when in fact California was treating churches more favorably than most such analogous gatherings. /3
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