A mini-thread on what happens in Congress.

I got a press release today from Sen. Schumer’s office heralding the inclusion of @ChrisMurphyCT’s “Law Enforcement Identification Act” in the NDAA. A good thing! Generously, the email included links to the relevant language...
On the left is the operative language of Sen. Murphy’s proposal (murphy.senate.gov/imo/media/doc/…), and on the right is an excerpt from the 4,517 page NDAA conference report. There are material differences.
Murphy’s proposal would have applied to federal personnel conducting any anti-riot activity; it’s been narrowed to federal personnel acting “in support of Federal authorities.” Does that limit the type of deployments covered? What if they’re supporting state authorities?
Murphy’s proposal required last names AND badge numbers or last names ANDranks be displayed.

The conference report changes this to names OR unique identifiers, meaning I guess that the federal personnel could put code names or long serial numbers on their uniforms.
You can’t (afaik) find the member of Congress who introduced these changes, making a good and needed piece of legislation that much worse and federal misconduct that much easier. No one voted on the amendment. It just happened in the conference committee.
I reached out to Schumer and Murphy’s offices to ask about the changed language but they haven’t gotten back to me yet.
There is a change in the other direction too, I think. They took out the limitation that this only applies within the US.

Appears to be a worldwide rule for US forces at civil disturbances now (to the extent that ‘providing support for federal authorities’ language applies).
WaPo columnist peeks behind the closed doors on another, bigger, but still opaque NDAA conference committee battle, showing how Ivanka’s signature initiative foundered and cost the State Dept its funding bill. washingtonpost.com/opinions/2020/…

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More from @nycsouthpaw

4 Dec
*pushing up glasses*

Strictly speaking, the rule requires only that gift that *can* be eaten at one “seating;” it does not require you to eat it that way, or at all. The rule permits you to take a qualifying gift to a second location.
Also, the test of whether it can be eaten is not specific to your personal eating capacity. If any one person on this earth can down it, you can keep it.
Pls forgive the garble. Should be: ...the rule requires only that the gift *can* be eaten at one “seating;”...
Read 4 tweets
2 Dec
Staff of Lawfare stop saying plainly unconstitutional things that simply haven’t happened before are “an open question under the constitution” challenge 2020-2021.
A “self pardon” is (a) not a thing, (b) contrary to the definition of a pardon as something bestowed on someone else, (c) illegible to both the historical origins of the pardon power and the American revolution, and (d) so obviously destructive to the whole constitutional design
A president who can pardon himself would be literally above the law and able to engage in any heinous criminal conspiracy at all. He could sell off all the navy’s ships and pocket the cash or murder all the senators in the Capitol, pardon himself, and walk away.
Read 4 tweets
1 Dec
You can find the consolidated Alien Tort Statute oral arguments from this morning concerning corporate liability for involvement with slavery here. c-span.org/video/?477430-…
A passage from the corporate appellants’ opening brief in the Alien Torts Statute case draws on precedents rooted in the Holocaust to argue that corporations are not people for purposes of international human rights and war crimes laws. supremecourt.gov/DocketPDF/19/1…
I question whether this is effective advocacy from @neal_katyal and his team — is a judge likely to be persuaded that refraining from indicting the entity that produced Zyklon B for the Nazis established an important tradition or that the example proves the absurdity of the idea?
Read 5 tweets
30 Nov
His policing record is he covered up a murder.
There are lots of people in the world with good experience on infrastructure spending—an incredibly important issue—who haven’t covered up any murders. Also, Rahm got to be WH COS for a long time in Obama’s first term, and he didn’t do fuck all about infrastructure spending.
To explain — there was plenty of infrastructure spending in ARRA, but afaik there was no policy work to solve the high construction cost problem that hampers infrastructure development in the US, which is why we don’t have any supertrains and poor broadband penetration etc
Read 4 tweets
29 Nov
For those asking, this purported order isn't on PACER yet, so we only have this excerpt. It appears to tell GA to preserve voting machines in their current state pending further proceedings; not an unusual interim order, but it may delay the recount the Trump camp requested.
Wood posted the full purported order here; nothing else of note in it, except the breifing schedule--which runs through the coming week to a Friday morning hearing.
Read 5 tweets
28 Nov
PA Supreme Court says adios to the Trumpy commonwealth court judge.
"It is beyond cavil that Petitioners failed to act with due diligence in presenting the instant claim. Equally clear is the substantial prejudice [that] would result in the disenfranchisement of millions of
Pennsylvania voters."
Concurrence: "There is no basis in law by which the courts may grant Petitioners’ request to ignore the results of an election and recommit the choice to the General Assembly to substitute its preferred slate of electors for the one chosen by a majority of Pennsylvania’s voters."
Read 4 tweets

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