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Benjamin Wittes Profile picture
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25 Nov, 4 tweets, 2 min read
And by disputed, the Gentlewoman from Colorado means freakin’ false!
@DanCrenshawTX this statement you made is not constitutionally defensible, as @nancyleong gently intimates. You should not peddle in such nonsense.
FYI @OrinKerr
A prosecution is neither a search nor a seizure. It may be that SEARCHING someone’s house to determine if she is celebrating Thanksgiving with too much family would not be a reasonable search. And it may be that one could make religious liberty or due process claims...
...against the substance of such a prosecution. But the way you have stated this is just not true. You should take down your tweet.

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More from @benjaminwittes

Benjamin Wittes Profile picture
26 Nov
A Thanksgiving story to warm your pluralistic hearts:
It was the early 1990s, the days before Washington DC had meters in taxis. A famine was raging in Somalia. And I was working in my first job out of college: a brief stint working for an organization that focused on the Middle East peace process.
I was heading to my parents’ house. I was standing in front of a mailbox near my office. I was holding a stack of papers with Hebrew writing on them. I hailed a cab.
Read 19 tweets
Benjamin Wittes Profile picture
22 Nov
Bolero is a neato warhorse, but it is actually one of Ravel's less impressive works. I remember at Oberlin wandering into @CarlaKihlstedt's practice room when she was practicing the "blues" movement from his sonata for violin and piano. It blew my mind. I've loved Ravel since.
Here's @JoshuaBellMusic playing it with @jeremydenk, who was also at Oberlin with us:
The rest of the sonata is baller too.
Read 4 tweets
Benjamin Wittes Profile picture
22 Nov
Lisa Monaco would be an excellent choice for attorney geberal. Unlike Yates, she has not been on a lot of people's lists in rumoring about the role. It's good that she *is* apparently on Biden's list. She is diversely qualified. She is also a very serious person.
The reason, speaking candidly, that she has not been on my list is that I have assumed the incumbent president was going to fire Chris Wray and that Lisa would be a leading candidate for FBI Director. She would be excellent in either role.
Incidentally, the FBI Director role is a much harder one to fill than the attorney general. There are many fewer people qualified to do that job. Lisa is VERY well qualified that role. So if Biden expects Wray to be removed or expects to remove him, he might plausibly...
Read 5 tweets
Benjamin Wittes Profile picture
21 Nov
Does anyone seriously believe that senators would be lining up to preemptively oppose @AmbassadorRice if she looked a little more like, say, Tom Donilon?
She is overwhelmingly qualified. The reasons for opposition to her--at least as I understand them--are nonsense.
So to all senators who are lining up to denounce her, I issue a challenge: articulate clearly why you think she is not an appropriate nominee. I'm open to persuasion here. Really. But if you're going to declare an overwhelmingly well-qualified black woman as DOA as a nominee...
...you should able to make a clear case based on disqualifying facts, positions, or views.

So what is it?
Read 7 tweets
Benjamin Wittes Profile picture
20 Nov
To everyone flipping out on Twitter right now. Stop. Breath. And let’s go over what’s going to happen. Tomorrow, the electoral result in Georgia will be certified. Monday, the results in Michigan and Pennsylvania will be certified.
Arizona will follow in a week.
Nevada and Wisconsin will certify on December 1.

The electors will cast their votes on December 14.

Congress will count those votes on January 6.

That is what’s going to happen.

All the rest is antidemocratic noise.
The reason you are hearing nothing but calm seriousness from the president-elect and his team is that they know this.
Read 9 tweets
Benjamin Wittes Profile picture
18 Nov
A challenge to those inclined to dismiss this statement as rhetorical hyperbole: Show me the evidence-free challenge that Republicans are making to any sizable contingent of white votes in any of the states at issue.
I know of none. Maybe @KristenClarkeJD or @marceelias or @emilybazelon can help me out here. Or maybe some of the Trumpists can point me to an example.
But remember: 40 percent of white people voted for Biden. If you want a huge pool of votes to delegitimization, you should be interested in counting only the legal ballots among those votes. Why are Republicans not fishing in those waters?
Read 4 tweets

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