I expect some Republicans will argue that Trump can't be impeached because he was engaged in "free speech."

That is utter constitutional nonsense. It gets the First Amendment wrong. It gets the Impeachment Clause wrong. And it gets the facts of what actually happened wrong.
"Among the most foolish ideas circulating right now is that Donald Trump cannot be impeached and removed for his role in fomenting an insurrection aimed at Congress because he engaged in constitutionally protected freedom of speech" @dorfonlaw

dorfonlaw.org/2021/01/dont-a…
"The First Amendment doesn't protect high-ranking government officials from being removed from office because of their speech." @IlyaSomin

reason.com/volokh/2021/01…
"The First Amendment imposes no constraint on Congress's ability to impeach and remove President Trump not to disqualify him from holding future office." @jadler1969

reason.com/volokh/2021/01…

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More from @JoshuaMatz8

3 Jan
I'm a lawyer who worked on the impeachment. Trump was charged with a plot to subvert democratic elections and sabotage checks & balances. We *expressly* alleged this was a pattern in his behavior. And we *expressly* urged removal because it was clear he'd attack democracy again.
As the House Judiciary Committee pointedly noted in its report supporting impeachment, "Every day that this Committee fails to act is thus another day that the President might use the powers of his office to rig the election while ignoring or injuring vital national interests."
And once more here: "A President who acts this way believes he stands above the law ... Unless he is stopped, President Trump will continue to erode our democracy and the fundamental values on which the Nation was founded."
Read 8 tweets
6 Oct 20
"There is not a single person in the United States—not the President and not anyone else—whose job description includes slandering women they sexually assaulted."

Tonight, @kaplanrobbie & I filed our brief opposing DOJ's effort to hijack @ejeancarroll's case against Donald Trump
You can read the brief here:

kaplanhecker.com/sites/default/…

As is always true of filings at @KaplanHecker, it reflects a team effort and vital contributions from many extraordinary colleagues.
Last month, @LeahLitman published a powerful @PostEverything analysis of the case (which we quote in our brief), explaining why DOJ's motion to substitute the United States as the defendant is both meritless and deplorable

washingtonpost.com/outlook/2020/0…
Read 4 tweets
23 Apr 20
Today was @tribelaw's last day in the classroom at Harvard Law School

Of course, he will continue to teach us all in op-eds, essays, tweets, TV appearances, and many other settings

Still, I'd like to mark the occasion & celebrate my friend, mentor, hero, and co-author
Without exaggeration, @tribelaw is one of the most important legal thinkers in American history. His legacy and contributions are hard to overstate. Few judges -- indeed, few #SCOTUS justices -- come anywhere close to matching his influence or mastery of the Constitution.
Yet in many ways, @tribelaw has been just as influential through his teaching as his scholarship and advocacy

Generations of bright-eyed students at @Harvard_Law have explored the Constitution -- its secrets, structure, harmony, and history -- under his masterful tutelage
Read 11 tweets
20 Mar 20
BREAKING: Major opinion from the Second Circuit in Federal Defenders of New York v Bureau of Prisons

"The Defenders describe a course of events that demands the attention of all components of the system that our country relies on for meting out justice."

ca2.uscourts.gov/decisions/isys…
In its powerful, unanimous decision -- authored by all three judges on the panel (Walker, Parker, Carney) -- the Second Circuit emphasizes the importance of "real-time, comprehensive solutions" to healthy & safety crises at federal prisons.
This lawsuit was filed after the Metropolitan Detention Center in Brooklyn lost heat and power last winter, causing a humanitarian crisis & illegal limits on attorney access

Here, the Second Circuit also highlights the "drastic challenge" to prison safety "presented by COVID-19"
Read 7 tweets
7 Feb 20
On October 15, I joined the staff of the House Judiciary Committee to serve among counsel for the impeachment inquiry. Since then, I've worked alongside extraordinarily talented lawyers, officials & public servants in defense of our democracy. Today was my last day in that role.
I am eternally grateful to @RepJerryNadler and his team for welcoming me aboard. It was an honor to share offices with @NormEisen, @BarryBerke, @SarahIstel, and many other brilliant, hardworking members of the Judiciary Committee staff.
I am also grateful to the House Managers—@RepAdamSchiff, @RepJerryNadler, @RepJeffries, @RepSylviaGarcia, @RepZoeLofgren, @RepValDemings & @RepJasonCrow—for their zealous advocacy, grace under pressure, and inspirational leadership of the Senate trial team.
Read 4 tweets
5 Jul 19
A thread with some thoughts on DOJ's letter in the #Census2020 case, which can be found (alongside some great analysis from @rickhasen) here.

electionlawblog.org/?p=106089
First, it's unsurprising for DOJ to assert that any "new" decision to add the Q must be assessed w/o reference to the history of the policy

As I noted at @ShallTakeCare, it's a standard, oft-repeated move in the Trump DOJ's 'animus-laundering' playbook

takecareblog.com/blog/thoughts-…
Indeed, amid debate over the #TransBan and #TravelBan, I wrote an op-ed for @PostOpinions in *March 2018* identifying this animus-laundering strategy and warning that we could expect to see a lot more of it

washingtonpost.com/opinions/getti…
Read 15 tweets

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