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23 Jun, 3 tweets, 2 min read
Defense Secretary @SecDef Austin:

"We will work with Congress to amend the Uniform Code of Military Justice, removing the prosecution of sexual assaults and RELATED crimes from the military chain of command."

Related crimes = appears to be a significant limit here.
2. The next line in @SecDef's statement also suggests his support is limited to sexual assault and specifically related crimes.

#UCMJ #SexualAssault #PassMJIIPA
3. Link to @SecDef's full statement, which is specifically tied to the recommendations of the Independent Review Commission on Sexual Assault and Sexual Harassment.

defense.gov/Newsroom/Relea…

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More from @rgoodlaw

Ryan Goodman Profile picture
24 Jun
Giuliani's "misconduct directly inflamed tensions that bubbled over into the events of January 6"

He "communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for" Mr. Trump and the Trump Campaign. Image
2. "One only has to look at the ongoing present public discord…which erupted into violence, insurrection and death on January 6, 2021 at the U.S. Capitol, to understand the extent of the damage that can be done when the public is misled by false information about the elections."
3. Mr. Giuliani is:

"suspended from the practice of law in the State of New York, effective immediately, and until further order of this Court" and "until such time as disciplinary matters pending before the Committee have been concluded."

nycourts.gov/courts/ad1/cal…
Read 4 tweets
Ryan Goodman Profile picture
21 Jun
This has to be one of most effective analytic takedowns of another side's argument.

Jeh Johnson wrote a deeply flawed piece opposing @SenGillibrand @SenJoniErnst's legislation on #SexualAssault in military.

This by @rachelv12 is a master class.👇

justsecurity.org/77025/professi…
2. One example

Johnson rhetorically claims: "A military commander must have legal authority over those in a unit...The two must be inseparable."

VanLandingham with the facts: "Demonstrably false given the thousands of U.S. military commanders" without any such legal authority.
3. "Mr. Johnson...warns that Congress shouldn’t fix what isn’t broken, and should leave everything but sexual assault crimes alone.

Fact: Court-martialing Black service members at a rate twice that of their white counterparts is a broken system in need of repair. Period."
Read 5 tweets
Ryan Goodman Profile picture
17 Jun
<thread>

In @PostOpinions, former FBI General Counsel @AWeissmann_ and I assess FBI Director Wray's two days of testimony on #Jan6.

First, Wray failed to explain FBI policy on social media monitoring that may be "galling to lawmakers" when they find out.
washingtonpost.com/opinions/2021/…
2. Watch👇

@AOC: Does FBI monitor social media to combat violent extremism (such as threats to Capitol on social media pre-#Jan6)

Wray: DOJ policy prevents FBI without "proper predication"

DOJ policy: Can monitor social media WITHOUT predication for special events (like Jan 6)
3. Watch👇

@RepSwalwell: Does FBI have authority to monitor open source websites/social media where groups post about threats?

Wray: Att'y General Guidelines prevent FBI without "proper predication"

A.G. Guidelines: Can monitor WITHOUT predication for special events (eg #Jan6)
Read 10 tweets
Ryan Goodman Profile picture
15 Jun
One implication of emails showing how Trump-Meadows tried to overturn the election via outrageous, illegitimate pressure on Justice Department:

Sure seems to strengthen the case for the ongoing criminal investigation in Georgia, led by @FaniWillisForDA.

justsecurity.org/75032/litigati…
2. "Much of the correspondence also occurred during a tense week…when Mr Rosen and his top deputies realized that one of their peers had plotted with Mr Trump to first oust Mr Rosen and then to try to use federal law enforcement to force Georgia to overturn its election..."

NYT
3 With the Georgia criminal investigation note:

House Oversight Committee also requests transcribed interview with former US Attorney for Northern District of Goergia Byung Jin Pak who, the Committee notes, resigned on Jan 3 "reportedly under pressure from the Trump White House"
Read 5 tweets
Ryan Goodman Profile picture
11 Jun
Say what?

“I never discussed the leak cases with Trump. He didn’t really ask me any of the specifics.”

former Attorney General Bill Barr to Politico

So it was just generalities, then?

@dlippman @AndrewDesiderio @woodruffbets report

politico.com/news/2021/06/1…
2. Trying to make sense of this line given NYT's detailed reporting👇

Sounds like Barr may just be denying the records were sought under his watch.

And that Barr is not denying his knowledge the records had been sought under Sessions (and that Barr's DOJ maintained gag order).
3. Also looking back at the Times report and Barr's statements to Politico.

Barr doesn't deny he oversaw investigations of the members of Congress, and indeed revivified them.
Read 4 tweets
Ryan Goodman Profile picture
27 May
When Israel bombed apartment tower, two scholars wrote: laws of war permit such strikes.

Their (and the IDF's) view of the law is an outlier/minority.

It would support bombing a mosque if enemy put a single military landline inside.

The correct view👇
justsecurity.org/76657/the-idfs… Image
2. I should spell out what I mean by the majority and minority view, which is about the pure question of law (#IHL). Not how it cashes out in this specific strike.

Here's the majority view.👇

@ICRC report on the left; @ILA_official report on the right. ImageImage
3. In short: Targeting such dual-use structures must include the civilian parts of the structure (eg the civilian apartments) in the proportionality analysis.

Note both the ICRC and ILA reports cite to US military manuals in support of the majority view.
Read 4 tweets

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