My hot take on #DesignatedSurvivor scheme is that the President and Vice President should never be in the building together.

The Secretary of Health and Human Services should never be next-in-line if bad shit happens.
Now the issue is that the Vice President is the Senate President. I get that. But we delegate his or her authority on a daily basis. He or she doesn't usually preside in the Senate. And having Pro Temp preside doesn't entirely strip of VP's Senate duties.
The VP presiding for a tie breaker is essential. Same with electoral vote counting.

It's not essential for an annual glorified campaign speech. And I've always thought that continuity of government should be paramount.
Because here's the thing: If something happens to POTUS from some mass event at the Capitol, there are probably a lot of legislators incapacitated too. Maybe even some Supreme Court justices.

In that scenario the Veep should be leading, not the Secretary of Transportation.
In that horrific mass-event scenario, which likely military response including the potential for nuclear engagement, POTUS should be someone the people elected. Not someone few people can identify from a line-up.

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More from @sunnyright

21 Apr
Perhaps the feds could dedicate 1/100th of the resources they've dedicated to tracking down everyone involved in the Capitol riot to preventing the next mass murder spree.
Because when it's come to (rightfully) tracking down those responsible for that violence, they've resorted to every possible avenue and technology they can find.

Meanwhile we get yet another story about how the feds knew about a mass murderer and did nothing to stop him.
February 2018: "F.B.I. Was Warned of Florida Suspect’s Desire to Kill but Did Not Act"

nytimes.com/2018/02/16/us/…
Read 13 tweets
20 Apr
If you’re wondering what all of the “this verdict actually means little” takes are about after you heard endlessly about the importance of this verdict, it’s laying the ground work to justify potential riots after the verdict.
And it betrays a shocking lack of confidence in the rationalism or behavior of the people the hot take makers claim to support
Same here. Watch as the narrative suddenly unfolds
Read 4 tweets
13 Dec 20
Was there a popular convention of referring to HR McMaster as "Dr. McMaster"?

Dr. Ash Carter?

Dr. Ben Bernanke?

Dr. Alan Greenspan?

Dr. Tammy Duckworth?

Dr. Newt Gingrich?

Dr. David Petraeus?

Dr. Ben Sasse?
Many many people both officially in office and just in politics have had doctorates that we haven't popularly referred to as "doctor". A bit strange that now it's seen as horrible disrespect because someone with an EdD isn't called that.
Dr. Gingrich becomes Speaker Gingrich.

HR McMaster becomes General McMaster.

Dr. Bernanke becomes Chairman Bernanke.

We generally refer to people by the role they play in the government. For example, throwing a crazy one out there, Second Lady.
Read 4 tweets
24 Aug 20
The media hates when presidents have personality cults
The breathless fawning is just so unattractive to them
Read 16 tweets
16 Aug 20
"Note the absence of any requirement that willfulness be charged or proved"

Great. Elonis v. US, 2015:

"The Court does not regard “mere omission from a criminal enactment of any mention of criminal intent” as dispensing with such a requirement..."
Congress *can* enact strict liability statutes but "they didn't say anything about mens rea so we don't need one!" isn't okay. Defendants don't have to know their conduct is illegal but "must have knowledge of “the facts that make his conduct fit the definition of the offense.”"
"silence on this point by itself does not necessarily suggest that Congress intended to dispense with a conventional mens rea element...indication of congressional intent, express or implied, is required to dispense with mens rea as an element of a crime" Staples v. US
Read 5 tweets

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