Noah Bookbinder Profile picture
Sep 21, 2020 5 tweets 1 min read Read on X
I worked close up on multiple Supreme Court nominations as a counsel on the Senate Judiciary Committee. There is a rigorous process that both parties have rightly insisted on. It includes a careful examination of just about everything a potential justice has written or said. 1/5
It includes a thorough FBI background investigation with a chance for senators to review it and follow up on issues raised in it. It includes a chance for senators to have private conversations with the nominee, to ask questions publicly at a hearing, to follow up in writing. 2/5
It includes public input from others who have knowledge and perspectives; it includes a review of finances and conflicts and whatever specific issues may arise in a particular nomination. It includes discussion and debate. This is a serious process. 3/5
Giving the Senate the opportunity to do a genuine, thorough review of the President's nominee for a lifetime appointment to the highest court in the land is a key part of our system of checks and balances. It is important, and it takes time. 4/5
If there is not time to do it right, in a way that preserves democratic checks and balances, before an election recasts the wishes of the American people -- and there most certainly is not -- it should not be done. Period. 5/5

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More from @NoahBookbinder

Jan 18
The U.S. Supreme Court should, and may well, affirm the Colorado Supreme Court’s decision that Donald Trump may not appear on the ballot because he is constitutionally disqualified for having engaged in insurrection. That concerns some people, but it shouldn’t. Here's why.🧵
Some are worried that the decision was unfair because Trump did not receive due process. In fact he received a great deal of process. The trial judge ruled that Trump engaged in insurrection after a lengthy evidentiary hearing.
The hearing included testimony from 15 witnesses, thousands of pages of documents, and hours of video evidence. The witnesses included members of Congress, law enforcement, experts, government officials, and organizers of the January 6, 2021 rally.
Read 11 tweets
Jul 6, 2023
The 14th amendment says that anyone who swore an oath to support the constitution and then engaged in insurrection is disqualified from holding office. That includes Donald Trump, and it does NOT require a conviction for insurrection, or even charges. Let's break that down: 🧵
This provision was put in place after the civil war to ensure that those who rose up against the United States would not then be put in charge of it. Many former confederate officials did not even try to hold office because of it; courts disqualified others who did.
Last year a court in New Mexico, in a case brought by New Mexico residents represented by @CREWcrew, disqualified a county commissioner who played a role in the Jan. 6 insurrection, including organizing and encouraging the violent mob.
Read 7 tweets
Jun 9, 2023
Some thoughts from reviewing the indictment: This is consistent with what we expected and what had been previously reported, but the details make Donald Trump's alleged conduct even worse than we knew.🧵
storage.courtlistener.com/recap/gov.usco…
The national security importance of the documents at issue is striking: documents about American and foreign nuclear capabilities and military vulnerabilities, as well as about plans for possible military action. The damage if this information was compromised is not trivial.
That Trump allegedly on two occasions showed highly classified documents to and discussed them with civilians with no security clearance is just shocking. It violates the most basic understanding of how classified information works.
Read 8 tweets
Jun 9, 2023
To be clear, there is more than enough time to take Donald Trump's national security case to trial and complete a trial well before the 2024 election. The Department of Justice will be poised to move quickly, and the case is just not that big and complicated.🧵
Of course there are unique and difficult legal questions that need to be sufficiently aired out, and the defendant has a right to bring motions and other process, but all of that should be able to be accomplished in the coming year.
The Paul Manafort and Roger Stone cases, for instance, were tried to completion within a year of indictment. It's something that can be done while giving a defendant ample chances to flesh out any appropriate legal issues.
Read 5 tweets
Apr 18, 2023
Let's be very clear about this: when Donald Trump sought to overturn an election that he lost and stay in power, that was election interference. Seeking to follow the constitution's requirements about who can serve in office is not election interference.🧵
washingtonpost.com/politics/2023/…
The 14th amendment says that anyone who swore an oath to the constitution and then engaged in insurrection is disqualified from office. That's the law of the land, just like the part that says you must be 35 to be president, and it's what Donald Trump did, so he's disqualified.
This was a key provision developed after the Civil War to ensure that those who rose up against our democracy not be entrusted with it. Enforcing this provision, as @CREWcrew and others will, is crucial work to protect our democracy.
Read 4 tweets
Apr 17, 2023
Perhaps under pressure from calls for investigation by members of Congress and by @CREWcrew's complaint, etc., Justice Thomas offered some more explanations in response to new revelations. Unfortunately, his latest explanation does not resolve anything.🧵
cnn.com/2023/04/17/pol…
Thomas reportedly spent $50,000 to $70,000 on improvements to the house and so he says he didn't make money on the sale to billionaire Harlan Crow, the same person who provided many hundreds of thousands in luxury travel to Thomas.
But Thomas was clearly required to report this real estate transaction whether or not he made money, and the fact that he was recouping money he had already spent actually suggests more urgency, which makes the omission potentially more problematic.
Read 8 tweets

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