The problem, Justice Breyer, is not those who refer to justices by the president or party that appointed them, it is the trail of 80 5-4 partisan decisions by Republican Justices giving victories to big Republican donor interests.
It is the pep rallies at the Federalist Society, the dark money, the soliciting of cases, the blind eye to the right-wing machinery producing those cases, the disregard for conservative principles when they would block the victories, and on and on...
The problem with the naked Emperor was not the child who asked why he was wearing no clothes. Yes, it was inconvenient for many when the naked Emperor was called out for his nudity. But it was true; and pretending otherwise is a convenience we cannot afford.

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More from @SenWhitehouse

13 Feb
More on untruthful Senate trial statements by Trump lawyers here.…
Yet more on the claims by Trump’s lawyers.…
And still more on Trump lawyers: “they misstated legal precedents. They invented facts. They rewrote history.”…
Read 4 tweets
13 Feb
Looks like Trump’s BS-artist attorneys may have crossed the line from BS to something much more serious.…
A review of Trump’s abominable lawyers in which the authors did not yet know about evident lies. Pretty damning stuff, even without that.…
Trump’s lawyers are likely under ethics obligation to clean this up: duty of candor to a tribunal. You don’t get as counsel to make misrepresentations; if you do, you have an affirmative duty to clean it up. Tomorrow just got a lot more interesting.
Read 4 tweets
9 Feb
Excellent job, House Managers — lawyer to lawyer, well done.
.@RepRaskin on Founders’ fear of demagogues seeking to become tyrants: “Trump may not know a lot about the Founders; but they knew a lot about him.”
.@RepJoeNeguse on creating impeachment exception for former officials: “it would put wrongdoers in charge of whether the Senate can try them.”
Read 5 tweets
3 Feb
Just reading the Trump pleading on impeachment,& it’s a headspinner. Calling the impeachment a Bill of Attainder is weird because that’s guilt of crime without trial & impeachment is (a) not criminal & (b) has a trial (coming right up).
Saying that the removal penalty is a “condition precedent” to the disqualification penalty is weird because (a) it’s a contract law term, (b) that “condition” isn’t in the Constitution & (c) it ignores Senate precedent on point (Belknap), usually something lawyers try to address.
Misstating the act in question (that Trump said “the election results were suspect”) so as to call it “unpopular” “protected” speech is weird because it ignores (a) everything we know Trump actually said, & (b) that criminal/fraudulent speech (like incitement) isn’t protected.
Read 4 tweets
11 Jan
The Senate needs to oversee federal investigation of the attack and ransacking of our national Capitol, through Judiciary and perhaps Homeland Security. We may also be the client in federal civil suits for damages and for restraining orders, likely also under Judiciary purview.
The Senate will need to conduct security review of what happened and what went wrong, likely through Rules, Homeland and Judiciary. The Senate Ethics Committee also must consider the expulsion, or censure and punishment, of Sens. Cruz, Hawley, and perhaps others.
Because Congress has protections from DOJ under separation of powers, specifically Speech and Debate Clause, significant investigation will need to be done in Senate.
Read 4 tweets
10 Jan
With dark money groups stoking mob rally, SCOTUS takes case where dark money cabal plans to create dark money right. Sometimes evil rampages, sometimes it creeps.…
I’m going to go on about this a bit because it’s really important. Fact: Big dark-money entities have started claiming a constitutional right to dark money anonymity and “pled the First” refusing to answer congressional oversight questions. It’s real.
Their problem is this: to get around the corruption consequences of unleashing unlimited money, Citizens United 8-1 required (but never enforced) transparency. Only Thomas said anonymity was protected over transparency.
Read 12 tweets

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