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Andrew Fleischman Profile picture
@ASFleischman
Jul 8, 2021 • 9 tweets • 3 min read • Read on X
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John Yoo with the hottest takes.

But, charging someone who knows the President with a crime probably does not do permanent damage to the Presidency.

nationalreview.com/2021/07/how-la…
Again, Yoo at no point shows how this harms the Presidency. Some state people asked for Trump's tax records. He claimed absolute immunity. He lost.

But Yoo doesn't seem to think Trump should have won that?
Did opponents of Trump use litigation in an "unprecedented way" to stop his agenda? Maybe for a very specific definition of "unprecedented," but we literally just had our third SCOTUS opinion about the ACA joined by every conservative AG in the country.
Ok, so allowing state prosecutors to investigate the President for state crimes undercuts the vitality of the Presidency.

Is there any limit here?

Does Yoo think the President should be able to, for instance, kill and eat a baby on camera, pardon himself federally, and be fine?
But of course, it wouldn't be just the President who had baby eating privileges. He could open up a baby eating restaurant, and his compatriots should also, in the name of executive power, be immune from prosecution?
Note how Yoo pivots to Hunter Biden, who is CURRENTLY UNDER INVESTIGATION FOR TAX EVASION.

Where is Yoo's piece about how that investigation undercuts the presidency?
So Yoo says Congress should have taken the constitutionally courageous step of preventing all investigation of a President, for all time.

You might ask, where does the Constitution say that's a thing that should happen?

No answer here.
I don't think there's anything in the text or history of the Constitution that exempts Presidents, or people who know Presidents, from being prosecuted for crimes that are not part of their federal duties.
As for whether Presidents will be dragged into state level trials, I wouldn't hold my breath. Anyone who's tried to get a federal agent to testify at a state court knows it's a Sisyphean task.

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More from @ASFleischman

Andrew Fleischman Profile picture
Apr 10
So my client is a paraplegic. One day, a Fulton County police department asked him to come down and answer a few questions.

A woman alleged that he KICKED her door down and assaulted her.

And they were calling him down to arrest him, not talk to him.
The client had some pretty good objections. For instance, he is paraplegic. He is physically incapable of committing the crime as alleged.

Also, he had not seen the woman in ten years.

Ahhh, the police officer said, then how did she pick you out of a lineup?
The client says "yes, we did date a number of years ago, but I have been married for ten years. We did not just break up as she said"
Read 28 tweets
Andrew Fleischman Profile picture
Feb 17
There was a NYT op ed claiming that there's a good argument that the children of illegal immigrants don't get birthright citizenship.

Before I get into why it's wrong, first, I want to talk about all the ways we know that the 14th Amendment DOES provide such citizenship.
First and foremost, there's the text of the 14th amendment:

It says that to become a citizen, you need only be born and subject to jursidiction.

And children of illegal immigrants can indeed be sued, jailed, or taxed, as needed. Image
So if we're just applying the plain text of the amendment, and the ordinary meaning of jurisdiction, it's very strongly in support.
Read 16 tweets
Andrew Fleischman Profile picture
Feb 15
This is one of my favorite historical stories.

In 1938, a Polish Jew living in Paris, Herschel Feibel Grynszpan, learned that his family had been arrested and deported.

He entered the German embassy, claiming to be a spy with valuable information, and shot an embassy official, Ernst vom Rath.Image
The Germans, of course, claimed that this was an enormous outrage--just part of the historical plot of the Jews to destroy the Aryan race.

They planned a series of pogroms in response, to be carried out by government agents out of uniform, encouraging the public to join in. Image
Initially, he was to be tried in Paris. Once war began between Germany and France, the lawyer asked for an immediate trial, figuring that an acquittal was likely. But as the German army approached, Grynszpan escaped. Image
Read 7 tweets
Andrew Fleischman Profile picture
Feb 3
Threatening to prosecute people for accurately reporting information about the government violates the first amendment.
In The Florida Star v. B. J. F, 491 U.S. 524, 526 (1989), a rape victim sued a newspaper for printing her name, arguing that it violated a Florida law protecting her privacy. Image
Even though the name of a rape victim is substantially less newsworthy than the name of a public official, the Supreme Court of the United States said that publishing that name was protected by the First Amendment. Image
Read 11 tweets
Andrew Fleischman Profile picture
Feb 3
When a public official is corrupt, you don't need to doxx them. Who they are is publicly available.
And yet good reporters still often find out embarrassing, newsworthy stuff about these people.
Now as for these private citizens doing public work, I think they should be subject to scrutiny.

For instance, would you want to know if someone was a dual citizenship Chinese national? Had gambling debts? Was secretly woke?
Read 4 tweets
Andrew Fleischman Profile picture
Jan 22
The problem is that there's no good faith definition of "jurisdiction" under which illegal immigrants aren't subject to US jurisdiction.

They have to pay taxes. They can be convicted of crimes. They can be sued. They can be deported.

That's what jurisdiction is.
When you say we don't have "jurisdiction" over them you have to come up with some tortured definition where if you can imagine a law does not apply to illegal immigrants (or people here on a visa), that means no jurisidiction.
But one problem with that is that children are also exempt from many laws, adult criminal responsibility, the draft, etcetera, and yet no one would argue that they aren't subject to American jurisdiction.
Read 5 tweets

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