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8 Jan, 5 tweets, 2 min read
I am perplexed by Speaker Pelosi's suggestion that military officers can bar the Commander in Chief from exercising his constitutional authority under Article II. nypost.com/2021/01/08/pel…
...I know of no authority by which the nuclear codes can be withheld from the President absent a declaration under Section 4 of the 25th Amendment. Absent such a declaration, such an action would be grounds for the removal of any military officer...
...The same is true for the exercise of other executive privileges and powers. It would be akin to Trump asking the House clerk not to accept any bills or carry out legislative functions at Pelosi's request...
...Pelosi can start a 25th Amendment review from the House but the speech does not, in my opinion, constitute a basis for such an action. usatoday.com/story/opinion/…
A military officer can refuse to obey an order that is a war crime or unlawful. That is different from what Speaker Pelosi is suggesting. She is suggesting that, without a 25th Amendment declaration, the military would unilaterally bar a president from exercising executive powers

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Jonathan Turley Profile picture
9 Jan
Author Franz Kafka once wrote, “My guiding principle is this: Guilt is never to be doubted.” Congressional Democrats appear close to adopting that Kafkaesque standard into the Constitution as they prepare for a second impeachment of President Trump... thehill.com/opinion/judici…
...In seeking his removal for “incitement,” Democrats would gut not only the impeachment standard but free speech, all in a mad rush to remove Trump just days before the end of his term...
...The damage caused by the rioting was enormous, but it will pale in comparison to the damage from the new precedent of a “snap impeachment” for speech protected under the 1st Amendment. It would do to the Constitution what the rioters did to the Capitol: Leave it in tatters.
Read 4 tweets
Jonathan Turley Profile picture
6 Jan
Pence has issued a letter defying the President and will not "send back" electoral votes. He is correct in his reading of the constitutional and federal law. He has no such authority. jonathanturley.org/2021/01/06/sho…
Pence's decision is a profile of courage. He shares Trump's criticism of the election process but he is fulfilling his oath to uphold the Constitution. President Trump told him "to do the right thing." He just did.
Mitch McConnell is now adding his voice in another profile of courage in opposing the challenge. He is refusing to be "a national board of election on steroids" and insists that they must defend the constitutional process to avoid a "death spiral" for democracy.
Read 4 tweets
Jonathan Turley Profile picture
4 Jan
Martha MacCallum is doing a great interview Raffensperger, who said that he did not record the call but evaded the key details on taping and timing of the release. I was surprised by the evasive aspects of the interview by someone who has been both credible and unfairly attacked.
...MacCallum pressed him on why release the tape just a day before the election and Raffensperger deflected the questions. He did indicate that he was a party to the release the tape. He indicated that the release was a type of retaliation or response to Trump...
Many of us criticized Pres. Trump for this statement and his past attacks on Raffensperger. However, this response seemed calculated to cause maximum harm. Yet, the blowback will be felt by the Senate candidates. When pressed on that impact, Raffensperger had a curious response.
Read 4 tweets
Jonathan Turley Profile picture
3 Jan
Chuck Todd just cut off Sen. Johnson who was raising media bias by saying "I have had enough of this." Johnson was arguing for the creation of a Commission to look at the election which Todd is rejected as entirely unnecessary despite millions who view the election as rigged.
...Todd dismissed a review of the election as akin to holding a hearing on the "moon landing." After an election with an unprecedented reliance on new systems and overwhelming mail in voting, it is hard to see the principled opposition to such a commission.
...The challenge to the electoral votes will fail as did the prior Democratic challenges. However, there is value to having an commission to look at this election and the underlying allegations. I usually oppose such commissions but this is one time where there is a clear value.
Read 6 tweets
Jonathan Turley Profile picture
24 Dec 20
I have been writing for two years about Manafort's obvious pardon strategy. It just paid off. However, Manafort ranks as one of the least compelling candidates for pardon. He makes Marc Rich look like a pious, repentant petitioner.
jonathanturley.org/2018/08/24/137…
...Manafort was convicted of crimes unrelated to the Russian investigation after a life of criminal, conspicuous consumption. He joins others on a virtual rogue's gallery of corrupt Beltway figures on the pardon list.
The pardoning of Jared Kushner's father is equally objectionable. Charles Kushner was convicted of preparing false tax returns, witness retaliation, and making false statements to the Federal Election Commission. Kushner's pardon was the triumph of familial over legal criteria.
Read 4 tweets
Jonathan Turley Profile picture
23 Dec 20
Now AG James is calling Trump guilty of "sedition" despite the fact that it was Flynn who reportedly made the comment. mediaite.com/news/ny-attorn… Trump later denied any such plan for martial law. jonathanturley.org/2020/12/21/tru…
...James does care about confirming the facts or whether it was someone else who raised the issue. She simply declares "this is an act of sedition. This president is engaging in illegality." This is consistent with James' raw politicization of her office. jonathanturley.org/2020/08/10/the…
...Many of us immediately denounced Flynn for his suggestion of martial law. jonathanturley.org/2020/12/03/fly… It was a shocking and reckless suggestion. However, not only would Congress and the courts bar such a declaration, but the military has declared that it would not play such a role
Read 4 tweets

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