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

Jul 1
Trump v. US thread.
Opinion below.
Bottom line #1: I agree that a Jan 6 trial cannot happen before the election (That was almost certain when the Court took this case)

But a great idea is floating:
Jack Smith can use evidentiary hearings as a mini-trial.
supremecourt.gov/opinions/23pdf…
2/ The Court remanded the case.
Commentators are overlooking the Court's emphasis on "presumptive immunity," rather than "absolute immunity."
See Chief Justice Roberts's concise summary at p. 6 below.

This presumption still opens a big door for trial court evidentiary hearings. Image
3/ The Court holds "absolute immunity" for "core constitutional powers" (p. 6 above).
But what are those "core" powers?

p. 8: "Congress cannot act on, and courts cannot examine, the President’s actions on subjects within his 'conclusive and preclusive' constitutional authority."
Read 19 tweets
Jun 28
I'll be live-tweeting tonight's debate, to the extent that I can keep up and have the stomach for it.
🧵
1/ I note that Donald Trump has already lost the expectations pre-game, which may (or may not) be a big deal.
politicalwire.com/2024/06/27/mor…
2/ "A @nytimes Siena College poll found 60% of registered voters thought Trump would perform 'very' or 'somewhat' well in tonight’s debate. Only 46% said the same of Biden.
Overall, nearly half of voters anticipated a poor showing for Biden."
Low expectations. Maybe good news?
@nytimes 3/ I'm sorry this matters, but Biden has a frog in his throat, and even when he cleared the frog, his voice is flat and monotone. His answer on inflation is fine substantively, but the vocals are really not good.
His answer was good.
But he sounds weak.
Read 24 tweets
Apr 25
I'm tweeting now the Presidential Immunity argument (on a train to be on @CNN @andersoncooper tonight to talk about my op-ed below...)

Justice Barrett nicely pushed back on Sauer on notion a criminal law needs a clear statement to apply to presidents.
nytimes.com/2024/04/23/opi…
2/ From @RickPildes:
Trump's lawyer Sauer essentially conceded most of the case.
@RickPildes 3/ Barrett picked up on the Special Counsel's argument of the absurdity that crim statutes need a clear statement, if only a tiny number of statutes include (she said only three or so). Surely Congress did not mean for presidents to be broadly immune so generally from crim law.
Read 54 tweets
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

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