Leslie McAdoo Gordon 🇺🇸 Profile picture
Sep 21, 2020 10 tweets 3 min read Read on X
#SCt There is very little actual law that applies. Basically that the POTUS has the authority to make the nomination & the Senate has the authority to advise & consent on the nomination. That’s it. See @AndrewCMcCarthy’s good article about this. /1
Beyond that, the process is entirely political. This is contemplated by the Constitution itself. The branches are supposed to work out power struggles between themselves. There is nothing wrong with that. Each branch has moves it can make. Making those moves is constitutional. /2
Elected officials serve during the entirety of their term. Suggesting they should voluntarily not exercise their power at some point during their term is just that - a suggestion. Suggestions can be rejected or ignored. And there’s nothing wrong with doing exactly that. /3
History about how this situation was handled before is interesting. It’s not binding in any way, but it does speak to our political norm. History shows that when faced with this situation in the past, the politicians have acted like politicians & done what favored their party./4
I see no reason why the Republicans shouldn’t nominate & confirm a justice as they have the authority & power to do so. There’s no rule saying you have to, or should, do things the way your opponents want you to do them if you don’t want to. Anyone saying otherwise is a child. /5
To the contrary, a significant reason imo to seat the justice now is the threats of violence & norm breaking (packing the courts, eliminating the Electoral College) from Dems if the Republicans do seat a justice. Threats of this type are unacceptable & must always be rejected. /6
Anyone who tries to coerce behavior by threatening violence or adverse retaliation is unfit for leadership & must be opposed vigorously. They cannot be placated. Rather they must be shown that such threats produce exactly what it is that they don’t want.Repeat until they learn./7
The only question I really have is whether the confirmation vote should be scheduled before or after Nov 3. I’m not sure yet which helps the election efforts of DJT & Republican Senators chances the most. It sounds like this is where McConnell is too for now. /8
It may not make much difference for right of center voters, but I am not sure that the same is true for left of center voters or independents. It bears thinking on for a bit & observing people over the next week or so. /9
A relevant consideration on this, however, is the AZ election. McSally holds the seat currently by appointment, not election. If she loses the election on Nov 3, the Dem (Kelly) can probably force being sworn in before Jan 3. That would change the Senate count to 52R-48D. /10

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More from @McAdooGordon

Oct 11
Invoke your inner libertarian!

Step 1: Practice saying these every day:

1. To each their own.
2. So what.
3. Not my problem.
4. Doesn’t affect me.
5. Mind your own business.

Get used to thinking like that. Because for 85% (at least) of things - that’s the right answer.
Step 2: Make a list of the issues in the 15% of things where those aren’t the right answers.

Like protecting the vulnerable from bullies & predators & minority view holders from majority tyrants; free speech, freedom of conscience; US sovereignty; etc.

It’s a short list really.
Step 3: Prepare for what you’re willing and able to do to speak or act when those 15% of issues come up.

Otherwise, roll out the sayings in Step 1.

If we all acted more in a libertarian way in every day life, we’d all be better off & half our problems would disappear.
Read 4 tweets
Oct 11
Be informed & don’t be naive.

DOJ had gotten indictments on Comey & James. And I’m personally satisfied that both are likely guilty (based on the available known facts at this moment) & that their prosecutions are justified & warranted.
That by no measure means that they will be convicted. They could easily be acquitted or the cases dismissed for legal reasons not related to guilt.
There are issues with both cases. (There are issues with nearly all criminal cases.)

They have or will have good defense lawyers. There are factual and legal defenses and/or difficulties for the prosecutors in both cases. (Comey’s more than James’.)
Read 8 tweets
Oct 9
Federal judges have become so used to issuing opinions & orders that invalidate federal agency actions that they no longer recognize where the line is drawn signaling the end of their power & so they fail to see that they blew past that line miles ago.
Any federal judge thinking they can personally enjoin the POTUS (or the Congress as a body either) has totally lost the plot.

Nor does a federal court have ANY power to dictate what/how the POTUS as Commander in Chief directs active duty military personnel, esp beforehand.
It does not matter that a prior order says that POTUS cannot federalize a state National Guard. POTUS has the power to direct already federalized Guardsman from other states to assist in the carrying out of federal law. That’s not an end run around the earlier ruling.
Read 7 tweets
Sep 27
Should Comey have been charged?

As we discussed on the Spaces last night, I’ve been going back and forth in my mind on this question ever since the indictment dropped. There are competing considerations, but I’ve finally concluded that the answer is yes, he should have been.
It goes without saying that both the lawfare & the coup against Trump were totally unacceptable. And Comey is partly responsible for both. That makes him a traitor to the republic. It doesn’t necessarily mean he broke any federal criminal laws in doing so, although he might have.
Mostly tho, the federal criminal law is not designed to address that conduct. We haven’t needed criminal statutes in the past to tell people not to undermine the duly elected POTUS. Thank goodness, in a way.
Read 12 tweets
Sep 27
Will Comey be convicted?

It’s impossible for any competent lawyer to say with any degree of certainty at this stage - either way.

The indictment is not legally defective as far as I can see.

So it won’t be dismissed on that basis.
The defense has some facts on which to base a vindictive/selective prosecution motion to dismiss.

But those motions fail 99% of the time.
The facts may be weak or they might not be. There aren’t enough of them in the indictment to say at this stage.

But even if they are weak, there is no way before trial to contest them. And Comey is unlikely to plead guilty.

So it’s likely a trial.
Read 16 tweets
Aug 25
The EO banning no cash bail in DC may be legal but doesn’t address the real problem.

DC law permits judges to detain anyone who’s violent/a risk to others or a flight risk. No cash bail is only for people who aren’t. The problem is w/juveniles, not adults getting no cash bail.
And the EO may not be legal actually either. I’d need to go back and look at the authorities closely.

But the fact that the feds have power over DC doesn’t necessarily mean the federal executive branch can do whatever it wants.

Congress has the constitutional power over DC.
Congress definitely has the power to override any DC law. In fact, DC laws don’t go into effect until the Congress either exercises its right to amend them or passes on that.

So, I’m not sure that the POTUS has the authority to override a law that Congress has approved.
Read 4 tweets

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