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12 Feb, 4 tweets, 2 min read
Today on @inlieuoffunshow I interview my partner in crime, the great @Klonick, on her @NewYorker tome on the @OversightBoard!
Join us at 5:00 pm Eastern time.
On Crowdcast: crowdcast.io/e/in-lieu-of-f…
On YouTube:
On Facebook or right here on Twitter.
Here's your homework for this evening's show: newyorker.com/tech/annals-of…
And here are some highlights from it:

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More from @benjaminwittes

Benjamin Wittes Profile picture
30 Jan
I don't want to link to the tweets in which certain people who should know better are impugning the work this week of @evelyndouek on @lawfareblog. I do want to share a few facts about the matter receiving criticism.
Evelyn received the Facebook Oversight Board's decisions this week on an embargoed basis the evening before they were made public. She did so with the knowledge and approval of her editors at @lawfareblog, myself included.
No conditions as to her writing or the substance of what she might say were placed on her receipt of the material by the Oversight Board or Facebook. And Evelyn has no financial relationship of any kind with either the Oversight Board or with Facebook--and never has had one.
Read 5 tweets
Benjamin Wittes Profile picture
24 Jan
Actually, no. It doesn’t turn on what the word “president” means at all. The command of this passage is that the president SHALL be removed on impeachment and conviction. It says nothing whatsoever about whether a former president, having already left office, is subject to...
...Senate trial, having been impeached while still in office. It actually says nothing either about whether a non-official is subject to impeachment at all. All it says is that if impeached and convicted a president SHALL be removed.
Where does the Constitution answer the question of who is subject to impeachment? It actually doesn’t. We infer that only officials are, though there may be some room to debate that around the edges. But the Constitution says only three things—none of them direct—about what...
Read 8 tweets
Benjamin Wittes Profile picture
22 Jan
It appears that I have been banned from Facebook—again!
As has @inlieuoffunshow and poor @galaxybloom_!
I confess this time I am utterly at a loss. Was it hosting @RosenJeffrey to talk about peaceful transitions of power?
Or was it hosting @Timodc and @SarahLongwell25 to celebrate #InaugurationDay?
Read 7 tweets
Benjamin Wittes Profile picture
14 Jan
If you're going through the motions with a seething rage coursing through your veins, #YourMusicOfTheDay is this particular performance of "furie terribili!" from one of my favorite Handel operas, the crazy-ass "Rinaldo." Katherine Watson is all of us.
It will literally take you 3 minutes and 24 seconds, and I promise it will make you feel good.
Read 4 tweets
Benjamin Wittes Profile picture
6 Jan
I tweeted this thread about Merrick Garland earlier today, not knowing that Lisa Monaco would—in fact—be named his deputy attorney general.
I recommended this course specifically in one of the tweets in the thread and am delighted that the Biden transition was apparently thinking along similar lines. Today's events at the Capitol offer a good illustration of why this is a good idea. So here's a thread about Lisa.
As I said in my original thread, Garland seems to be the perfect attorney general nominee for a variety of reasons which I won't repeat here. He lacks one thing: *recent* executive branch national security experience. The Justice Department has changed a lot since his service.
Read 12 tweets
Benjamin Wittes Profile picture
6 Jan
A thread with some thoughts on Merrick Garland, whom Politico is reporting has been selected as attorney general by President-elect Joe Biden... /1/
politico.com/news/2021/01/0…
Garland is principally famous outside the D.C. legal world for having been nominated to the Supreme Court by President Obama in 2016 and having been shamefully blocked by Senate Republicans for nearly the entire year. This is a shame. And his treatment ithen is not the reason /2/
why he is the perfect choice for Biden for attorney general. Indeed, his martyrdom on this point actually complicates the picture a little bit; while Republicans generally refrained from attacking him, the very fact of the nomination and their stonewalling of it makes ... /3/
Read 22 tweets

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