With news: 8 former US troops/Blackwater guards convicted of war crimes petition for #pardons...

Read this timely analysis.👇

Brian Finucane writes on LONG-held U.S. legal position that a Commander's failure to punish war crimes can itself be a #WarCrime
justsecurity.org/72915/a-comman…
2. News via @Militarydotcom: "At least eight former service members and Blackwater security guards convicted of war crimes have filed petitions seeking pardons...including a former Army staff sergeant [Robert Bales] who pleaded guilty to killing 16 Afghan men, women and children"
3. Link to the news report (h/t @HopeSeck)

military.com/daily-news/202…
4. Also relevant is this analysis by professor @GaborRona1 from May 2019:

Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War

@ICRC #ICRC #GenevaConventions
justsecurity.org/64288/can-a-pa…

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More from @rgoodlaw

26 Nov
I'm thankful to work with professionals at @just_security who have such excellence in judgment, analysis, and intellect and who also happen to be wonderful people:

Co-Editor-in-Chief @bridgewriter
Editorial Director @K8brannen
Washington editor @violagienger

Plus ...
Plus countless reasons to be thankful for our extraordinary Just Security team.

Senior Fellow and Executive Editors:

@steve_vladeck
@jgeltzer
@JameelJaffer
@NiAolainF
@BethVanSchaack
@AndyMcCanse

Editors:

Tendayi Achiume
@DavidColeACLU
@jendaskal
Brian Egan

...
Read 4 tweets
23 Nov
#Michigan update

Republican member of Board of State Canvassers–Aaron Van Langevelde–opening remarks indicate he knows his legal obligation is to certify.👇

Caution: He might well change after public remarks, or shift to delay. But a positive sign for #democracy and rule of law
2. #Michigan - another positive development:

Republican member of the Board, Aaron Van Langevelde, appears to have equipped himself well.

Excellent Q&A with Chris Thomas, former MI election director, walking through in agreement that Board has no authority here but to certify.
3. Other Republican member of Board, Norman Shinkle, looks outgunned by legal analysis by Chris Thomas.

Shinkle probed if there are ways to read law to allow delay, but Thomas is impressive in explaining why MI law does not allow it.

Board just needs 3 of 4 votes to certify.
Read 9 tweets
23 Nov
Two issues with @GSAEmily deserve attention NOW.

Issue-1: With @Transition46 announcing senior official posts, a key part of Presidential Transition Act comes to head.

Need for expedited background investigations/clearances. THAT is what 9/11 Commission warned about.

<thread>
2. @kateashaw1 and I wrote about 9/11 Commission warnings and Presidential Transition Act provisions here👇

It's grossly unacceptable to delay with very significant risk to national security.

Senators should be asked about this, not just intel briefings

justsecurity.org/73317/the-gsas…
3. Presidential Transition Act:

"The President-elect should submit...the names of candidates for high level national security positions...AS SOON AS POSSIBLE after the date of the general elections"

Biden has done and is doing that.
Read 8 tweets
22 Nov
#CoupUpdate #Michigan

This is their play: Michigan Senate Majority Leader
@SenMikeShirkey who met with Trump now opening door to Board not certifying on Monday.👇

Despite law requiring certification, absence of fraud, and frivolous number of votes truly at issue in Detroit.
2. On the law.

"The board’s legal duty is clear and unequivocal once it has received the certified vote totals from the counties."

- top election law expert, Professor Richard Pildes

nytimes.com/2020/11/20/opi…
3. "On Friday, the State Bureau of Elections submitted its formal report recommending that the canvassing board affirm Mr. Biden’s win. Errors in some vote tabulations, which Mr. Trump has seized upon, ... 'did not affect the actual tabulation of votes.'”
nytimes.com/2020/11/21/us/…
Read 5 tweets
22 Nov
#CoupUpdate #Michigan danger signs

House Speaker Chatfield who met with Trump says:

- they gave Trump an "update"
- RNC request is to "simply delay" certification
- cites Wayne County imbalances (fact check: involves only 357 out of 1/4 million votes)

2. Michigan Democratic state lawmaker @koleszar_matt responds to @LeeChatfield's remarks on Fox News:

"Conversations about a deadlock, or postponement are encouraging violations of the Michigan constitution."

(h/t @jonathanoosting)

3. Top election law scholar, Richard Pildes (my colleague @nyulaw; formerly @UMichLaw):

"the board’s legal duty is clear and unequivocal once it has received the certified vote totals from the counties"

also "unethical" not to certify

nytimes.com/2020/11/20/opi…
Read 4 tweets
21 Nov
Who's in on the #CoupAttempt?

#Michigan state GOP and national GOP (Ronna McDaniel) ask state board of canvassers not to certify on Monday.

detroitnews.com/story/news/loc…
2. Their letter directly targets #WayneCounty (ie trying to cast doubt on hundreds of thousands of Black voters).
3. As @DNBethLeBlanc reports: "Affidavits filed in suits seeking to stop the Wayne County canvass...alleged barriers to poll challengers and irregularities...Elections officials have rebutted the claims, and a Wayne County judge and state Court of Appeals panel have agreed."
Read 5 tweets

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