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17 Nov, 4 tweets, 3 min read
With NYT scoop on Trump's having eyed options to strike Iran, and may yet strike "Iranian assets and allies"

@EricSchmittNYT @maggieNYT @SangerNYT @helenecooper @jakesNYT report

Here are two significant legal issues...

First, just published.👇

<thread>
justsecurity.org/73412/revisiti…
2. Author of that @just_security article, Brian Finucane, is attorney-adviser in Dept of State, writing in his personal capacity.

He dissects flaws in 1989 OLC Opinion (written by Bill Barr at the time) that would allow POTUS to unilaterally use force in violation of UN Charter.
3. Finucane's longer law review article on the topic @Cornell_L_Rev is here:

papers.ssrn.com/sol3/papers.cf…
4. Second legal issue in light of NYT scoop:

The Presidential Transition Act specifically calls on Trump administration to brief Biden transition team on "pending decisions on possible uses of military force."

That's also being blocked by #GSA.

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More from @rgoodlaw

Ryan Goodman Profile picture
18 Nov
<thread> 2000 is a false precedent

@GSAEmily is claiming that the GSA delay in 2000 is a "precedent" for her inaction today (per CNN reporting).

Listen to the GSA administrator from 2000 (David J. Barram) explain why the two situations are "dramatically different."
2. In the same interview, former GSA administrator Barram explains that he delayed in year 2000 because the AP — what he calls “the gold standard of who calls it” — had not called the race.

That’s obviously also completely different in 2020.

Audio of that part of the interview:
3. To add an even stronger point to this, note that in year 2000, the AP NEVER called the race.👇

In contrast: In 2020, the AP has called the race six ways from Sunday (was first, with Fox News, to call AZ; long ago called PA and the race for Biden).

apnews.com/article/ap-exp… Image
Read 4 tweets
Ryan Goodman Profile picture
10 Nov
Republican Chair of Senate Intelligence Committee calls on @GSAEmily to do the right thing and start access for Biden #TransitionNow

@marcorubio: "We need to have that contingency in place."

Large risks to US national security. Here's what the 9/11 Commission said....

<thread>
2. The 9/11 Commission found that delay in 2000 transition may have contributed to failure to stop terrorist attacks.

Specifically identified: "loss of time hampered the new administration in identifying, recruiting, clearing, and obtaining Senate confirmation of key appointees"
3. The 9/11 Commission Report then provided strong recommendations for transition work immediately after the general election.

These are the very tools the @USGSA is now denying Biden transition and the American public.

From the Report:
Read 8 tweets
Ryan Goodman Profile picture
5 Nov
<thread> On Levin's tweet.

Here's the likely cockamamie strategy and why it should be doomed to fail.

Trump-Giuliani-Levin strategy:

Step 1: Try to delegitimize vote count in PA and elsewhere — no matter how much thinking people know their allegations are really bonkers.
Step 2: Try to gin up public outrage that resonates with the Trump base — even if the outrage is internally contradictory ('count the vote' in AZ, 'stop the count' in PA) and based on lies.
Step 3: When race is PROPERLY called for Biden in PA and elsewhere, the Levin cabal tries to put immense pressure (via Trump's outraged base) on PA Republican Legislature to select Trump electors on the (false) claim that the vote count was fraudulent

They're doomed to fail...
Read 9 tweets
Ryan Goodman Profile picture
4 Nov
#CountryOverParty

NBC collects 11/3-11/4 statements to #CountEveryVote by Republicans

Christie: "All these votes have to be counted that are in."

Sen. Portman: "Ensure that all ballots cast in accordance with state laws are counted. It’s that simple."

nbcnews.com/politics/2020-…
2.

Sen. Rubio: "The result of the presidential race will be known after every legally cast vote has been counted."

Rep. Kinzinger: "The votes will be counted and you will either win or lose."
3.

Senator Lee: "It's best for everyone to step back from the spin and allow the vote counters to do their job."

Gov. Hogan: "Most Americans really want a free and fair election process, and they want us to count the votes."
Read 4 tweets
Ryan Goodman Profile picture
28 Oct
My former boss—Robert S. Taylor, who served as Acting General Counsel at Department of Defense—with a strong warning to federal employees across departments and agencies.

Two federal laws that could punish #ElectionInterference.

#2020Election

<thread>

justsecurity.org/73083/federal-…
2. Two laws — Hatch Act and Antideficiency Act — can impose stiff penalties (including prison time) for federal employees who illegally undermine the election.

The latter could apply to federal actions that use funds that have not been appropriated by Congress for that purpose.
3. "Every federal employee should assume that if he or she carries out an activity intended to impair or impede the election... their conduct will be judged by people deeply upset over the effort to entrench a President viewed as a threat to the very foundations of our democracy"
Read 5 tweets
Ryan Goodman Profile picture
15 Oct
<thread>

With focus on Secretary Esper's failure to clearly disavow use of troops at polls...

This important nugget in June 2020:

@peterbakernyt reported: Esper SUPPORTED using Insurrection Act in Oval Office meeting (before Esper then felt pressure and publicly opposed later)
2. Baker also reported Chairman Milley strongly opposed use of Insurrection Act in that Oval Office meeting

That's consistent with Milley's strong, clear stance (in contrast with Esper) against use of military in US elections

@NPRinskeep 10/11 interview:
npr.org/2020/10/11/922…
3. Report on Esper's weak response to Congress on question of using military in the election (contrasted with General Milley's solid response to Congress).

@connorobrienNH @laraseligman reporting:

politico.com/news/2020/10/1… (discussing concerns raised by @RepSlotkin @RepSherrill)
Read 5 tweets

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