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27 Dec, 4 tweets, 2 min read
Fitzmagic with one of most amazing plays ever, due to a flagrant facemask while throwing blind...
But also the dumbest Raiders coverage imaginable w/ 18 seconds left, no TOs, needing 50 yards...
espn.com/video/clip?id=…
2/ The Raiders should want the Dolphins to try a short pass or anything in the middle of the field.
Instead, CB Damon Arnette (20) plays WR Hollins close to the line, fails to bump him, and lets him run right by.
Meanwhile LB Cory Littleton plays the short middle of the field...
3/ Here is Arnette letting Hollins get behind him, but the key error is LB Cory Littleton inexplicably breaking toward the middle of the field at the 40 (where he should want the pass to be caught!) instead of breaking to the deep sideline (the only place that matters!)
4/ The final Raiders mistake: Safety Isaiah Johnson at the snap was covering the sideline, then slid inside for no good reason, while Hollins had broken free on the sideline (w/ Arnette bizarrely just jogging), leaving Hollins wide open for a 32-yd sideline catch/stop clock:

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More from @jedshug

Jed Shugerman Profile picture
28 Dec
Republicans file another delusional lawsuit today:
Gohmert v. Pence.
Text of complaint linked here.
Last week, I explained why Pence can't overturn the 2020 election b/c of the 12th A. & the Electoral Count Act.
This GOP complaint is nonsense.
/Thread/
electioncases.osu.edu/wp-content/upl…
2/ My thread last Friday here:
"I've been getting inquiries worrying that Pence will block the Biden electoral college win when he presides in the Senate on Jan 6.
Don't worry.
Neither the 12th A nor the Electoral Count Act gives him that power."
3/ I turned the thread into this blogpost linked below (for easier sharing with my non-Twitter-using anxious older relatives).
Next, I'll explain why this new lawsuit is baseless and moot.
shugerblog.com/2020/12/26/pen…
Read 16 tweets
Jed Shugerman Profile picture
25 Dec
I've been getting inquiries worrying that Pence will block the Biden electoral college win when he presides in the Senate on January 6th.
Don't worry.
Neither the 12th A nor the Electoral Count Act does not give him that power.
*Short* thread 1/
2/ The 12th Amendment merely designates the President of the Senate (the VP) to "open all the certificates." But then uses the passive voice: "the votes shall then be counted."
Implicitly, Congress does the counting.
The Electoral Count Act is more detailed on the count process.
3/ Sorry for the double negative in the first tweet.
I meant:
"Neither the 12th A nor the Electoral Count Act gives [the Vice President] that power."...
Read 12 tweets
Jed Shugerman Profile picture
24 Dec
A worthy 3d option if Trump self-pardons, @eliehonig @AshaRangappa_:
3) DOJ's Office of Legal Counsel writes the first in-depth memo explaining why self-pardons are invalid. New AG says declining to prosecute is discretion, not acceptance.
Then let state prosecutors indict Trump.
I get the need to negate the damage Trump has done.
But sometimes "negating" doesn't mean prosecuting.

We can undo Trump's damage by restoring DOJ independence, using executive power thoughtfully, & embracing federalism.
Let's avoid Pardon Panic:
To all of you celebrating Christmas, merry Christmas.
As a progressive Jew, I'll embrace Christmas & mercy:

Let's stop hating on pardons.
Yes, Trump is abusing this power, and I've proposed moderate judicial checks, but let's not over-react/ over-correct.
More mercy, not less.
Read 5 tweets
Jed Shugerman Profile picture
21 Dec
Read this by Erica Newland, who worked in DOJ's Office of Legal Counsel 2016-18, showing a glimpse of Steve Engel's disastrous role.

Sessions & Barr are household-name villains, but it's time to examine other lawyers who enabled Trump's crimes.
/Thread. nytimes.com/2020/12/20/opi…
2/ In this thread, I focus on one pivotal episode in which Engel covered up key facts about Trump's Ukraine bribery/conspiracy felony.
Engel tried to bury the whisteblower complaint.
Some background/reminder first:
cnn.com/politics/live-…
3/ The phone call was July 25, 2019.
The whistleblower filed a complaint w/ IG Atkinson Aug 12, who found it "an urgent concern" on Aug 26.
Under the Intelligence Community Whistleblower Protection Act, the DNI (Maguire) should have sent it to Congress w/in 7 days...
Read 9 tweets
Jed Shugerman Profile picture
18 Dec
Self-pardons are bad, but the unprecedented suggestion of "un-pardons" is worse.
Lord have mercy, so to speak.
This op-ed is also yet another example of the "pardon panic" genre that gets pardon law and Burdick embarrassingly wrong:
Pardons are not confessions of guilt.
@CBHessick:
I am calling for a complete and total shutdown of pardon op-eds until breathless pundits take a deep breath, actually read Burdick, and figure out what is going on.
(I'm tagging Carissa because she has been so right on these questions. She did not write this op-ed, to be clear!)
Read 4 tweets
Jed Shugerman Profile picture
8 Dec
This thread on Doug Jones as AG raises problems of the modern Crony AG model, as opposed to what I’ve called the Professional or Politico model - at precisely the time we need more professional independence at DOJ.
Jones would be a Crony mistake, either real or perceived.
2/ My article here from 2019 on the Professional/Politico/Crony models for AG in US history.

If I hadn't seen this thread, I'd have set Jones more as "professional" (long-term background w/in DOJ). But Biden picks Jones, how can he not be seen as a Crony?
ir.lawnet.fordham.edu/flr/vol87/iss5…
3/ Democrats picked more Crony AGs in the first half of the 20th century. But since Nixon, Republicans generally picked Crony AGs.
No Democrat has appointed a Crony AG since JFK had his brother RFK.

I sincerely hope Biden does not make a Cronyist mistake.
Read 5 tweets

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