Jed Shugerman Profile picture
Jul 30, 2020 5 tweets 2 min read Read on X
Steve Calabresi: "This tweet [for delaying election] is fascistic & is itself grounds for the president’s immediate impeachment & removal."

If he & Barr don't disavow, impeach both.

Better late than never, but...

A thread on timing & moral courage
1/
nytimes.com/2020/07/30/opi…
2/ We need to reckon with who stood up for the rule of law, often at personal cost.

And who conveniently shifted w/ the polls.

The true #NeverTrumpers, some of my heroes:
@chkbal
@ProjectLincoln
@ForTheRuleOfLaw
@AVindman Yovanovich, etc.
You know who you are. Thank you.
3/ Never forget which conservatives fought Trump before Covid19...

And which conservatives waited until Trump plummeted in the polls to abandon a dead pipeline to power.

Trump's tweet was nothing compared to Russia/Ukraine/Child Cages.
But its timing was a lot more convenient.
4/ Yes, Steve Calabresi deserves credit for his statement today.
Better late than never.

But the later one waited to condemn Trump while taking advantage of access to power, the harder one needs to fight now.

And the more repair one needs to do in the aftermath.
5/
Steve Calabresi swung at a softball today.
It’s easy to condemn a totally untenable legal position.

Let me know when he’s ready to stop the right-wing beanball and play hardball against Trump.

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More from @jedshug

Mar 10
At @FedSoc National Student Convention, @NoahRFeldman is telling this audience that the formalist separation of powers & Scalia’s Morrison dissent are anti-originalist and dangerous…
And he’s crushing it. He is quoting Madison Federalist 47-51 and the audience is uncomfortable.
2/ You can watch it here:
@FedSoc @Harvard_Law
twitter.com/i/broadcasts/1…
@FedSoc @Harvard_Law 3/ @NoahRFeldman says the Constitution’s original structure is functionalism and “checks and balance,” not formal “separation of powers.”
I haven’t put the point this strongly, but my research shows he’s more right than wrong.
And more historically correct than Scalia.
Read 8 tweets
Mar 8
Thank you @NotreDameLRev (Vol. 100) for accepting "Venality and Functionality: A Strangely Practical History of Selling Offices, Administrative Independence, and Limited Presidential Power."
I'm deeply honored & excited to work with you!
#newlawrevarticles
papers.ssrn.com/sol3/papers.cf…
2/ Table of Contents:
#newlawrevarticles
papers.ssrn.com/sol3/papers.cf…
Image
3/ My @SSRN draft "Freehold Offices v. Despotic Displacement" has more detail on:
The Opinions Clause;
The Ratification Debates;
Common law default rules for "good cause" removal; Charts on the Founders' Bookshelf & 18th C. English dictionaries:
papers.ssrn.com/sol3/papers.cf…
Read 6 tweets
Mar 3
As long as I am admitting my errors this week:

My good friend Jeff Cohen (@BCLAW prof. former prosecutor) persuaded me that I was wrong about a criticism of the @ManhattanDA case against Trump:

These purely internal records like paystubs could count for intent to defraud.
1/
2/ Last April, I wrote in @nytimes:
"What, in practice, is the meaning of 'intent to defraud'? If a business record is internal, it is not obvious how a false filing could play a role in defrauding if other entities likely would not rely upon it and be deceived by it."
See below: Image
@nytimes 3/ The statutes 175.05 & .10 require:
"falsifying business records...with intent to defraud."

A false tax return or FEC filing would defraud the govt, but I asked how a pay stub would defraud anyone if no one ever relies on it or even looks at it:
nytimes.com/2023/04/05/opi…
Read 18 tweets
Feb 29
Unfortunately, both @rparloff & @EricColumbus are right: Image
3/ And @stevenmazie is also right, unfortunately:
Read 4 tweets
Feb 15
I know legal commentators are saying "Judge Merchan denied Trump's motions and has scheduled a trial for March 25, and this is now real and happening."

Hang on. There is a real chance that Trump's lawyers win a stay in federal court. (This gets technical about abstention). 1/
2/ I'm not revealing anything the lawyers don't already know.
They've sought these kinds of stays and injunctions in fed court before against NY prosecutors.
See Trump v. Vance on Manhattan DA subpoena for tax records. Trump lost every stage but won a 1-year delay, 2019-2020.
3/ Trump's lawyers can seek an injunction in fed district court (and a stay) on grounds of
1) no state jurisdiction
2) federal preemption
3) selective prosecution, partisan bias, violation of 14th A.

I predicted this delay problem last year in @nytimes:
nytimes.com/2023/04/05/opi…
Read 20 tweets
Feb 8
I’ll live-tweet the 14th A. Disqualification oral arguments this morning. 🧵

I think there are 5 issues. One is easy (“officers” includes presidents), 1 is a mild problem, and I have strong concerns about 3 others, especially whether Jan 6 or speech count as “insurrection”
I’m flagging this article on 1st Amendment concerns about Colorado’s specific ruling by @Thomas_A_Berry
It raises 1 of several problems specific to Colorado’s trial court basis.

@ARozenshtein & I have published a solution in future cases.
@Thomas_A_Berry @ARozenshtein 3/ I agree w/ @Thomas_A_Berry’s 1st A. analysis.
@ARozenshtein & I had similar concerns in 2022 and argued that Trump engaged in overt acts, not just speech.

“January 6, Ambiguously Inciting Speech, and the Overt-Acts Rule”
Const Commentary (2022):
papers.ssrn.com/sol3/papers.cf…
Read 53 tweets

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