Bannon indictment!
Get yer Bannon indictment here!…
I have only had a chance to scan the indictment quickly, but on first glance, it appears to me carefully crafted to deal with the issues that @jshaub and I flagged in our article yesterday.…
Specifically, note that the indictment does not take issue with any previous DOJ position with respect to the scope of executive privilege.
It does not allege that Bannon could not have had a privileged relationship with Trump because Trump was no longer president, for example.
It also does not contend that Bannon could not have had a privileged relationship with the president because he was a private citizen—though it implies that.
It says only that the failure to appear in response to the subpoena was a willful violation of a lawful order, and that the failure to produce or even provide a log of documents withheld was as well.
If you read this document carefully, alongside @jshaub and my piece, you will see a lot of care and thought that went into crafting the indictment.

That's what took a few weeks, and it was time very well spent.
That's all I got--for now.

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More from @benjaminwittes

3 Nov
Why aren’t more people following @BryceKlehm, @jacob_r_schulz, and @rohini_kurup?
They are the day-to-day backbone of @lawfareblog, and you should all be following them. Get on it, peeps.
A word about each of them to begin my campaign: @BryceKlehm does an incredible Donald Trump impersonation, which we featured on the “After Trump” podcast.
@jacob_r_schulz has turned himself into an expert on French counterterrorism and knows a shocking amount about this history of prosecutions under the seditious conspiracy law.
Read 5 tweets
28 Oct
Let us collectively make a list of words that can grammatically appear next to one another in a sentence. I will start:
Had—as in “He had had a good time that evening but was tired.”

Is—as in “It depends what the meaning of ‘is’ is.”
Buffalo—as in “Buffalo buffalo buffalo Buffalo buffalo.”
Read 5 tweets
21 Oct
Is it just me or are a lot of volcanos erupting around the world right now?
Read 4 tweets
14 Oct
The terms of the McCabe settlement seem, in first glance, highly favorable to McCabe. He got everything—even the cuff links—except the apology. Will have more to say on this after I’ve had a chance to study the settlement.…
One very clear take-away is that the department did not want David Bowdich or Rod Rosenstein or Candace Will or Jeff Sessions deposed.
Also note that DOJ is paying McCabe’s legal fees….
Read 6 tweets
9 Oct
The former Director of National Intelligence and ambassador to Germany thinks my promotion of a young woman law student in public is "getting creepier by the day."

He also doesn't like my relationship with my dog:
Also, dude, it's the Brookings Institution,
Read 4 tweets
18 Aug
.@Liz_Wheeler is accusing me lying about her position on smallpox vaccination mandates in our recent @Newsweek debate. All I can do is lay out the record clearly, and let readers decide whether I am mischaracterizing what she said—or whether she is.
At timestamp 20:44 of the podcast, I posed Ms. Wheeler the question of a vaccine mandate for smallpox. Smallpox killed about 30 percent of people it infected. It was wiped out through a worldwide program of vaccine mandates. I asked her: Was that wrong?…
And if it wasn't wrong, then aren't we really arguing not about whether mandates are ever appropriate, just about when they are—ie, whether COVID is more like flu (where we don't require vaccination) or more like smallpox (where we did)?
Read 7 tweets

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