fun to watch the elite legal community try to smash congress's interests into powder and endorse an impossibly expansive interpretation of what the executive even is based entirely on the courts' prudential reluctance to wade into separation of powers issues in the past.

https://twitter.com/ktbenner/status/1449416074097745929

the courts have never ruled on whether a former president can assert, contrary to the wishes of the sitting president, executive privilege over his communications with a man not employed by the government about obstructing the transfer of power so this is a really thorny question

without sarcasm, I will say that the courts' historical discomfort with being the arbiters of anything touching presidents, their susceptibility to tendentious OLC memos, and the unpredictability of what a largely Republican judiciary will do with an unplowed field...

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southpaw

@nycsouthpaw

14 Oct

Here’s a big one—A grand jury has indicted Boeing’s chief technical pilot on the 737 MAX launch for defrauding the FAA justice.gov/opa/pr/former-…

They have some receipts.

Notably for the civil plaintiffs’ bar among others, the indictment states that the FAA didn’t learn of the true operating parameters of the MCAS system until 737 MAX planes started crashing overseas. Boeing had never, apparently, corrected the bad info.

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southpaw

@nycsouthpaw

14 Oct

https://twitter.com/stevenmazie/status/1448762944075018251

Man this is atrocious

https://twitter.com/stevenmazie/status/1448762944075018251

*blue ribbon commissioning intensifies*

Here’s a more representative excerpt of the commission’s treatment of expansion. Still not great, imo.

A blind spot of the report is its elevation of shoring up “the court’s legitimacy” as the main goal of reform, rather than the law’s legitimacy and integrity.

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southpaw

@nycsouthpaw

14 Oct

https://twitter.com/santucci/status/1448426706973433857

As usual, what’s going on here is that the Trump team is both wrong and trying to stuff it’s adversaries into a fully ass-backwards procedure. Congress needs to, but probably won’t, press forward with the right procedure to bring the matter to a head in time to do its work.

https://twitter.com/santucci/status/1448426706973433857

Its*

In most cases, you have three valid options when you get a subpoena: you comply fully, you work out an agreement with the issuer where you explain why some things have to be withheld and comply partially, or you get a privilege holder to sue to get the subpoena quashed.

Bannon is trying to carve out a 4th way, writing letters saying that Trump objects so he won’t disclose anything. But Trump hasn’t sued to assert his ‘privilege’ (and may never bc he’ll likely lose). What should happen absent a pending suit is Bannon gets prosecuted for contempt.

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