As dark as today has been, I want to not lose sight of the light on the horizon. I started this thread before today's events, but share it now all the same as it will be part of the solution.
First, after the damage that has been done to the Dept and the rule of law over the past four years by Trump and Bill Barr, it was critical that the incoming AG not be a political actor -- so not someone who's held or run for office with a "D" next to their name, and also /2
..not someone who is a close long-time associate of the President's.
The AG at this point especially needs to be someone more associated with the independent application of the law, at arm's length from the WH, and above and outside of politics. /3
A retired federal judge was always, in my mind, the model type of AG for the period post-Trump.
Merrick Garland is one of the finest and most respected judges in the country.
And he has very important background at DOJ. /4
He served early in his career as an assistant to AG Ben Civiletti, who undertook a major review of the firewall that must exist between the WH and DOJ and that had been breached by Nixon. So that firewall likely was a very present consideration in Garland's early DOJ years /5
He later served as both a line prosecutor and also a political at Main Justice, giving him important experience from both the career and appointee perspectives. That will be critical for restoring the Dept. /6
And after today, it should be all the more clear that there will need to be accountability for the law breaking and, frankly, insurrection, we have seen today and over the past four years. Doing that well requires someone with Garland's bio. /7 beta.documentcloud.org/documents/2043…
Now I share some of the concerns around his judicial deference to law enforcement, but I'm less worried about that for two reasons. First, Biden has made a commitment to reducing incarceration and addressing racial inequities in the system. Garland will need to implement that. /8
Second, Biden has appointed 2 of the best civil rights lawyers and advocates in the country in @vanitaguptaCR & @KristenClarkeJD to be AAG and head of Civil Rights. They are indefatigable and brilliant warriors for reforming our crim justice system and enforcing civil rights. /9
As AAG, @vanitaguptaCR will also oversee the Office of Justice Programs and the Office of Community Oriented Policing, which are the ways by which DOJ can push local law enforcement, where the bulk of equity and justice issues lie, to reform and improve. /10
And @KristenClarkeJD will have direct responsibility for prosecuting civil rights violations by local law enforcement, and for enforcing voting rights. As the person who led the biggest voter protection effort in the nation, she's exactly right for that role. /11
And last but not least, Lisa Monaco has been at the frontlines of protecting our democracy from threats foreign and domestic both as the top Homeland Security Adviser to Pres Obama and then after. As DAG she'll oversee the National Security Division and the Criminal Division. /12
Across the board, this is an outstanding team and perfectly suited to this critical moment in our nation's history. All Americans should be proud and comforted to have them serving us all and restoring the Department of Justice. /end
• • •
Missing some Tweet in this thread? You can try to
force a refresh
I'm going to go super law nerd THREAD here and just quote this brief about why Trump's Supreme Court argument is wrong. And mind you, this is from former Republican members of congress, exec branch officials who served Republican presidents, and conservative legal experts. /1
"Since the Founding, it has been a bedrock principle in this country that nobody is above the law, not even the president. The king against whom the Founders rebelled was immune from judicial process, which was considered “incompatible with his dignity.” United States v. Burr. /2
In creating the presidency, the Founders explicitly rejected this model of leadership. See Federalist No. 69 (Hamilton) (“And it appears yet more unequivocally, that there is no pretense for the parallel which has been attempted between him and the king of Great Britain /3
@tribelaw@jennycohn1@protctdemocracy@NCSBE@MarilynRMarks1 But none of that should distract from major stride of PA shutting door on insecure paperless systems. Most PA voters live in counties that, as recently as 2018, have been using old machines running outdated software, with well-known vulnerabilities, that produce no paper record.
As I said to @chrislhayes, impeachment is the antibiotic but new laws are the vaccine. Congress has to harden the rules to prevent Trump or future presidents from abusing their office to corrupt elections. Here’s a few they should enact: #inners
The House is right to open a formal impeachment inquiry. As Benjamin Franklin told us: we have a Republic, "If [we] can keep it." It is our duty as Americans to honor that obligation and this is the step President Trump has forced on us to do that. But let us remember... /1
...Donald Trump’s admission that he used the American presidency to pressure a foreign government to interfere in an American election is not his first impeachable offense, it is merely the latest... /2
The racism.
The misogyny.
The corruption.
The stoking of hatred and violence.
The praise for dictators.
The disinformation and lying to the American people.
The attacks on our public servants.
The political interference in the enforcement of the law and ... /3
It's well covered that Trump admires some of the world's leading autocrats and aspires to emulating their misrule. One of those he has lavished praise on is Hungary's Viktor Orban, who has dismantled Hungarian democracy and its free press. /2 abcnews.go.com/Politics/trump…
Here's the Orban playbook for dismantling a free press: Step 1: Use the regulatory powers of government to investigate and fine media outlets that are critical of the government and spend state resources (ad dollars etc) to boost those media outlets that are friendly. /3
THREAD on stunning story about Trump wanting to prosecute opponents. 1st This is a very carefully written and exceptionally well explained piece by @maggieNYT and @nytmike on what happened, how comports with historical practice, and why so troubling /1: nytimes.com/2018/11/20/us/…
We @protctdemocracy have been warning about this danger since Trump took office. Autocrats historically try to turn law enforcement into a partisan weapon against opponents and shield for supporters. For tons more background on this issue see here /2: protectdemocracy.org/independent-la…
In the past, protecting law enforcement independence from WH interference was done via a set of rules that covered WH staff. Presidents voluntarily complied with the spirit of those rules as well. You can see a summary of them here /3: scribd.com/document/37144…