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15 Oct, 4 tweets, 3 min read
What I told @SavBehrmannDC @RickRouan

Bannon "in deep legal trouble…executive privilege would at best allow him to refuse to answer specific questions. The claim of executive privilege in no way shape or form allows a witness to refuse to show up at all"
msn.com/en-us/news/pol…
2. In addition to criminal contempt, Congress could directly pursue escalating fines against Bannon.

The @USATODAY report notes this statement by the #January6thCommittee member @RepStephMurphy to @JoeNBC:

“I would recommend the full extent of consequences — jail time, fines."
3/3.

As I discussed with @USATODAY, Congress could pursue fines directly as part of inherent contempt powers.

In an article from June, @anne_tindall @g_tudor outline this course of action in context of compelling exec officials (even easier with Bannon)

justsecurity.org/77090/scaling-…
Addendum

Note the precision in this part of Trump lawyer's letter to Bannon. It does not instruct Bannon not to show up at all.

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More from @rgoodlaw

Ryan Goodman Profile picture
7 Oct
As you digest the Senate Judiciary report on Trump-Meadows-Clark effort to enlist Justice Department to overturn the election.

This prescient analysis helps frame key criminal law issue at hand.

The Political Coercion Act 18 USC 610

<thread>
justsecurity.org/77994/doj-shou…
2.
On the left:

The federal crime under the Political Coercion Act.

On the right (via @AaronBlake):

Key passages of testimony in Senate Judiciary report — showing the scheme to threaten acting Attorney General to pitch in with effort to overturn the election or be replaced.
3. Senate Judiciary Committee investigation also uncovers New Year's Eve meeting in Oval Office.

Trump directly threatens acting AG Rosen and Donoghue: threatens to fire and replace them with Clark for failing to help overturn the election.

Note: Mark Meadows involved.
Read 7 tweets
Ryan Goodman Profile picture
4 Oct
Great scoop via @AlexThomp @alexbward

Internal State Dept letter by top legal adviser Harold Koh outlining legal problems with "covid-19" expulsions of Haitians.

Koh's analysis is highly consistent with top immigration law expert analysis here:
justsecurity.org/69640/coronavi…

<thread>
2. The internal memo breaks down for policy clients the ways in which the current Trump-Biden policy raises profound legal problems both in terms of US international legal obligations and domestic law.
3. The Koh memo also outlines for administration officials several options to avoid or minimize these legal problems, including fundamentally changing the policy course.
Read 4 tweets
Ryan Goodman Profile picture
19 Sep
Two discrepancies in @SecDef Austin's vs. @CENTCOM Gen. McKenzie's statements on Friday about Kabul #DroneStrike.

- On definite nature of the intelligence failure.
- On potentially prejudicing next step of investigation.

McKenzie's statements are cause for concern.

<thread>
2. On left, Sec. Austin:

"We now KNOW that there was NO CONNECTION between Mr. Ahmadi and ISIS-Khorasan..."

On right, Gen. McKenzie:

"We now assess that it is UNLIKELY that the vehicle and those who died were associated with ISIS-K or were a direct threat to U.S. forces."

🧐 ImageImage
3. On left, Austin:

Says DoD will review Centcom investigation to consider fulness of investigation, info used in strike, need for accountability, etc.

On right, McKenzie:

Says all US operators acted “in accordance with” ROE, took “prudent steps” to avoid civilians, etc. ImageImage
Read 5 tweets
Ryan Goodman Profile picture
13 Sep
Monday @just_security:

We have dozens of questions for Congress, reporters, investigators to ask to get to bottom of what happened with U.S. #DroneStrike in Kabul on Aug 29.

cc: @EricSchmittNYT @mgordonwsj @helenecooper @barbarastarrcnn @missy_ryan @JenGriffinFNC @laraseligman
2. Example

As @ICRC explains, the presumption of civilian status is a part of binding laws of war. Isn’t it true that @DeptofDefense has highly anomalous view that considers this rule NOT part of binding laws of war? Does the US government as a whole agree with DoD’s position?
3. Who were the most senior DoD officials who authorized or signed off on the strike?

Before taking the strike, what did DoD estimate would be total number of civilian casualties killed?

What did DoD consider would have been acceptable level of civilian casualties?
Read 4 tweets
Ryan Goodman Profile picture
10 Sep
Many important insights and things that needed to be said in @BCFinucane @StephenPomper essay.

A most important read on:

War Powers
Executive Branch lawyering
Congressional oversight
National security

Should be centerpiece @ABANatSec @asilorg with @charlie_savage as discussant
2. On the list of things that needed to be said is the use of the “legally available" standard in Executive Branch lawyering to get to yes on contentious policies.

An issue that @charlie_savage spotlighted in his book Power Wars.

charliesavage.com/books/power-wa…
3. The @just_security essay then reveals new details of how that standard has supported counterterrorism warfare.

cc: @barbarastarrcnn @missy_ryan @EllieCKaufman @MarkMazzettiNYT @glubold @mgordonwsj @Meghann_MT @karendeyoung1 @GregJaffe @alexbward @joshtpm @dklaidman
Read 5 tweets
Ryan Goodman Profile picture
23 Aug
One of most important accounts to follow on #Afganistan👇

If Mr. @AmrullahSaleh2 forms a government-in-exile, it significantly changes equation on recognition of Taliban, on United Nations credentials for Taliban, on interpretation of US sanctions and their humanitarian impact.
2. To spell some of this out, if @AmrullahSaleh2 forms a competitor government, it provides countries with great flexibility in withholding recognition from the Taliban.

@FCDOGovUK @CanadaDOFA @eu_eeas @GermanyDipl

@HouseForeign @SFRCdems @SenateForeign
justsecurity.org/77794/expert-b…
3. If @AmrullahSaleh2 forms a competitor government, it provides UN Member States with great flexibility in denying Taliban a seat at the #UnitedNations.

@UKUN_NewYork @irishmissionun @franceonu @NorwayUN @EstoniaUN @EUatUN @MexOnu

justsecurity.org/77957/the-huma…
Read 5 tweets

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