1. There is an early phase in law school where if you can't disregard your personal views and analyze a fact pattern you may not make to 2L. We all want @ejeancarroll to prevail over TFG. And we don't want to be told that the law is not on her side. Let the process go forward.
2. @TheJusticeDept defends the "presidency" not the "president" along with all federal employees who may become a target for defamation litigation if the lower court decision stands. Presidents' power is vast but this law applies equally to a guard standing watch.
3. It a bright line test. The validity of the claim is not relevant. It's the status of the speaker. 2nd Circuit may affirm but the #SCOTUS will make short work of the case. That's my opinion. But that's where the issue should be addressed. In court. Not by ad homonym attacks.
4. I have not read the briefs and the related case law, the slow laborious work of actual litigation. But this statement in the DOJ Reply Brief tells me they will win. Quoted in @washingtonpost. “Courts have thus consistently and repeatedly held that allegedly
5. defamatory statements made in that context are within the scope of elected officials’ employment — including when the statements were prompted by press inquiries about the official’s private life,” the Civil Division lawyers argued, later noting that when White
6. House reporters requested comment on Carroll’s allegations, “their questions were posed to him in his capacity as President.”

As I said, I have not read the briefs nor cases cited but this is consistent with my understanding of this law, noting that the first legal brief I
7. penned in law school as a 1L was on the Federal Tort Claims Act.

We withstood four years of a person allied with our most threatening adversary hell-bent on destroying our very system of governance. People with a bully pulpit should work towards rebuilding the tattered US
8. system and not immediately throw a bucket of gasoline in dumpster left by 45 that is already smoldering.

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More from @TimInHonolulu

9 Jun
Anyone know who Merrick Garland's chief of staff is?
2. I don't think Matt Klapper has never been a prosecutor. My guess is that this appointment came from the @WhiteHouse and not Garland's choice. I remember when Janet Reno wanted to move my brother to chief of staff after he completed the Iraq-gate investigation.
3. He and I spoke of it and the political dynamics of the job. It looked like Klapper was with the AG today. Unclear what level of involvement he will have on prosecutions. I expect that the prosecutorial decisions will be left to Lisa Monaco who coincidentally took the
Read 6 tweets
9 Jun
1. In the SDNY Stephen Caulk case regarding alleged bank fraud committed by Paul Manafort's banker, the USA submitted in camera & ex parte something highly classified. May 26 the USA wrote:
"The Government, as it has informed the Court and defense counsel, does intend to make
2. a motion under the Classified Information Procedures Act (“CIPA”), 18 U.S.C. App. 3, seeking relief not regarding the introduction of classified evidence at trial. Under the procedures set forth in CIPA, the Government will provide the Court with more information regarding
3. its requested relief."

The only thing I can think of that they may be producing is the secret annex to the Mueller Special Counsel authorization that was similarly produced in Manafort's EDVA case under CIPA protections. This secret document popped up not long ago.
Read 4 tweets
8 Jun
1. Is the Koch Machine sensing danger? Did Koch use a @CNBC asset to go on defense to cover up the payments to Manchin and the obvious quid pro quo?

Joe Manchin is opposing big parts of Biden's agenda as the Koch network pressures him cnb.cx/3g0EQzW
2. Reports are Koch money went to @JoeManchinWV This sounds like the Koch cover story conveniently teed up by @CNBC. Manchin's accounts will show the money and the timing on his position change. IMO a reasonable juror could find that Koch and Manchin
3. engaged in a quid pro quo. The fact that Koch is coming out of the shadows shows me that his lawyers are in fear that this clumsy bribery conspiracy could bring the whole thing down.
Read 5 tweets
7 Jun
1. If we enforce Title 42 expulsions like TFG did, IMO we are in violation of our international obligations in addition to our own immigration laws. @ACLU is right that the @POTUS Biden administration should reject that.
2. You can't fix the Northern Triangle irregular immigration with some more money for the ruling elite and corrupt governments. Much of the problem started with the US economy that through prohibition policies created a massive narcotrafficking economy
3. that destabilizes significant parts of the western hemisphere. For now, our focus must be on the victims of policies in these countries that are forcing them to flee. They are predominately small indigenous groups that are being eliminated in
Read 5 tweets
6 Jun
1. On General Charles Flynn regarding whom there were reports he may have had a role in not deploying the armed forces to engage US citizens at the Capitol. Who thinks that would have been a good idea? The Army does not do crowd control. They kill an opposing force. Where would
2. we be today if that had been what was happening at 9:00 pm on Jan 6 rather than completing the Electoral College count? The failure to prepare and put adequate National Guard forces in place is what allowed the attack to reach the floor of the House and Senate.
3. After General Mille had been used as stage prop by Bill Barr and TFG, the Joint Chiefs announced the military would have no role in future political activities. We survived this attempted coup because the military stayed out of it. We now want Flynn's brother to pay
Read 16 tweets
5 Jun
1. When I studied Chinese and PRC politics in the mid 1980's, we dealt with estimates of how many million peasants the CCP starved in a given year through a combination of incompetence and sociopathy. China and DPRK
2. are still birds of a feather. Just that China got better at luring the Capitalists to build the Chinese military and civilian economies. Fundamentally the game at the top has not changed since the 1980s.
3. The Reagan and Bush41 @CIA completely bought the CCP clever PR campaign. Like they did with Russia, they all just checked off a win and got high-fives from US business that could now make tons of money in former adversaries China and Russia.
Read 4 tweets

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