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15 Dec, 4 tweets, 2 min read
News: Peter Nygard indicted. justice.gov/usao-sdny/pres…
SDNY press release here: justice.gov/usao-sdny/pr/c…

Revelatory NYT story from earlier this year here: nytimes.com/2020/02/22/wor…
It’s the RICO. Image
“NYGARD was taken into custody on December 14, 2020, in Winnipeg, Manitoba, Canada by Canadian authorities after the United States requested Canada issue a Provisional Arrest Warrant pursuant to the extradition treaty between the two countries.”

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More from @nycsouthpaw

southpaw Profile picture
9 Dec
Have they.... have they read Texas’s request?
The states that are supporting this effort to throw out millions of Americans’ votes in other states.
There was some q about how much the 17 states were supporting. Was it only TX's initial request to be heard or was it also the full remedy--throwing out the votes of Americans residing in four other states? Today 6 of the 17 make it clear they're all in. supremecourt.gov/DocketPDF/22/2…
Read 5 tweets
southpaw Profile picture
9 Dec
Finally getting around to TX’s lawsuit. It’s just abysmally bad. Clear misstatements of fact; indisputable misstatements of law—e.g, 3 USC 7 has nothing to do with the *appointment* of electors, google it and look; arguments written like this... texasattorneygeneral.gov/sites/default/…
Texas’s arguments for its standing to sue other states over their adherence to their own voting procedures, even when you get past the atrocious writing, are incredibly weak. The state cites only easily distinguishable cases far afield from the topic at hand.
Texas’s arguments for the justiciability of its case are somehow even weaker. The brief ignores that the constitution commits the subject matter to a political branch, Congress, which receives, evaluates, and counts the electoral votes.
Read 5 tweets
southpaw Profile picture
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
southpaw Profile picture
4 Dec
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?
Read 8 tweets
southpaw Profile picture
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
southpaw Profile picture
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

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