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Daniel I. Weiner Profile picture
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25 Jan, 5 tweets, 2 min read
The Supreme Court has dismissed the remaining lawsuits against Fmr. President Trump for violating the Foreign and Domestic Emoluments clauses, constitutional provisions barring POTUS from taking benefits from foreign govts and US states. The ball is now in Congress’s court.
The Emoluments Clauses are critical safeguards whose enforcement would have stopped some of the worst corruption of the Trump years. Huge credit to the many individuals + orgs that rescued them from relative obscurity and brought them into the public consciousness.
But one-off lawsuits were always going to be an uphill battle, requiring tremendous resources. To truly give full effect to these provisions, Congress needs to establish a clear statutory framework for applying them + robust enforcement mechanisms.
This was a key recommendation in the first report of the @BrennanCenter’s National Task on Rule of Law and Democracy, co-chaired by @PreetBharara + @GovCTW. brennancenter.org/our-work/polic…
Codification of the Emoluments clauses is also included in an important rule of law package introduced last year by House leadership, the Protecting our Democracy Act (PODA), which is likely to be an important priority in the new Congress. oversight.house.gov/news/press-rel…

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More from @DanWeiner329

Daniel I. Weiner Profile picture
15 Jan
The @WSJ is out with an editorial today slamming the historic democracy reforms in #HR1 with the same tired arguments they and others have deployed many times before. Let’s take them one by one, shall we? 1/many
First, we have dog whistle arguments about “California-style election rules” —a/k/a rules that make it easier for all eligible voters to cast their ballots, even voters who — gasp — need food stamps.
Virtually all of these changes have already been adopted in many states of varying political hues. Automatic voter registration, one of the most significant, passed the Illinois House unanimously.
Read 17 tweets
Daniel I. Weiner Profile picture
23 Dec 20
Apropos of nothing, #pardon accountability is a critical rule of law reform law that needs to be a priority. Here is the proposal crafted by our bipartisan task force co-chaired by @PreetBharara and @GovCTW. #pardons #pardonpalooza brennancenter.org/our-work/polic…
Important to acknowledge that pardon abuse isn’t a new problem, but as usual this president has taken it to a new level. That’s been true for a while. brennancenter.org/our-work/analy…
Fortunately, there is excellent legislation already pending before Congress, the Protecting our Democracy Act, which addresses pardons among a number of critical issues. It deserves swift passage.
Read 4 tweets
Daniel I. Weiner Profile picture
6 Sep 20
This is called “giving in the name of another” and if knowing and willful, it’s a federal crime to do or ask others to do. washingtonpost.com/investigations…
Of course there is no way to be sure just from a news article if that’s what happened here. But even if lawbreaking wasn’t intentional, it is still deeply troubling (I’d certainly like to know which “former FEC general counsel” told them it was ok).
The problem, of course, is that we don’t have a functional regulator in this space—the @FEC is completely broken. That fosters a culture of impunity where deeply troubling conduct like this becomes a perfectly acceptable way to get ahead.
Read 5 tweets
Daniel I. Weiner Profile picture
26 Jun 20
With @FEC Commissioner Hunter resigning, we are heading into November with one of the frontline agencies charged with protecting the integrity of our elections once again immobilized, during a pandemic that has turned the whole campaign on its head. It’s like a perfect storm.
The FEC has been without a quorum for most of the last 10 months. No enforcement of campaign finance laws. No rulemakings. No guidance for candidates who are having to cope with a campaign that has shifted to being largely online.
Meanwhile the Kremlin and other foreign governments are gearing up for a disinformation campaign that could dwarf what we saw in 2016.
Read 8 tweets
Daniel I. Weiner Profile picture
27 May 20
The Constitution is not a suicide pact. During the unprecedented #COVID__19 pandemic, Congress (and its state counterparts) must be able to continue to play their essential role. It’s sad that we can’t seem to come together even around this basic principle.
The rules Leader McCarthy is suing to overturn do not allow one member to “control” another’s vote, as he argues. They allow the member who is present to cast the vote of the absent member pursuant to the absent member’s specific instructions. Big difference
As @VBass and I argued in a paper released last week, proxy voting isn’t ideal under ordinary circumstances, but it’s an acceptable short-term solution (full virtual session a la the British and Canadian parliaments would be even better) brennancenter.org/our-work/resea…
Read 5 tweets
Daniel I. Weiner Profile picture
9 Dec 19
Great piece from the AP’s @BrianSlodysko on Sen. Ernst’s apparent ties to a so-called dark $$ group. Very timely as well, given that we are approaching the 10th anniversary of the Supreme Court’s Citizens United decision. apnews.com/eeb44fc06b0cb2…
CU’s core holding was that so-called “independent” spending does not pose a sufficient risk of corruption to justify any sort of limit. To the extent there are any legitimate concerns for our political system, they could be solved through transparency.
The Court seems to have assumed that groups like Iowa Values would be truly independent from candidates, and that they would be required to disclose their sources of funding — but they were wrong on both counts, as my colleagues have previously explained. brennancenter.org/our-work/resea…
Read 7 tweets

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