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Benjamin Wittes Profile picture
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30 Nov, 3 tweets, 1 min read
It's amazing: I'm listening to this #DCCircuit argument in the NARA case, and Donald Trump's lawyers seem to be arguing the case as though their client is not the incumbent president.

Almost like that whole thing about Trump's being restored to office in August wasn't true.
They are even using the words "incumbent president" to refer to Joe Biden.

I think Trump just conceded the election in court.
I wonder if he knows.

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More from @benjaminwittes

Benjamin Wittes Profile picture
27 Nov
.@anneapplebaum has done more to educate the English-speaking world about the mass crimes of the Soviet Union than any other writer of her generation. Not since Robert Conquest has there been a more important contribution, and unlike Conquest, who couldn’t write, Anne can.
Her book “Gulag” remains the single most important single volume of its kind. Here’s a story about Anne, John McCain and the book party for “Gulag” back when Poland still represented proudly democratic values.
Read 4 tweets
Benjamin Wittes Profile picture
24 Nov
Ok, folks: You ready for the real answers?
"Nightmover" is, indeed, a book about Aldrich Ames
So far, the public is 1/1.
A "Black Box Warning" is, as the public voted, a stringent FDA warning.

Public score so far: 2/2
Read 18 tweets
Benjamin Wittes Profile picture
24 Nov
Whenever I speak about Section 230, I always use the chat site Omegle as the prototype of a site that should not be immune for third-party posted content. I am so glad *someone*--the redoubtable @cagoldberglaw--is finally testing whether 230 really protects Omegle.
I have my doubts that this suit will survive a motion to dismiss under current law. But if you can read it without seething rage, and an overpowering sense that it *should* survive such a motion, I would love to hear a coherent argument that what Omegle...
does deserves blanket immunity from liability. drive.google.com/file/d/1xVR72R…
Read 7 tweets
Benjamin Wittes Profile picture
23 Nov
In honor of @HawleyMO, a poll.

The title “Nightmover” refers to:
The title “Black Box Warning” refers to:
The title “Mr. Mosquito” refers to:
Read 14 tweets
Benjamin Wittes Profile picture
21 Nov
Herein a thread of absolutely no importance whatsoever but that may amuse you.

It concerns supply chains, dog shirts, @inlieuoffunshow and correspondence with probably-bewildered customer service representatives.

It does not concern the fate of democracy.
Last month, I was texting with @eve_gaumond (whom you should follow) about an order of dog shirts I was planning from
Clothing Monster.

Dog shirts, my trademark clothing item on @inlieuoffunshow, have their detractors, and to keep @shaneharris, @petestrzok, @page88 and the…
…other haters on their toes, I try to keep a stream of new dog shirts coming on the show—a stream of ever-escalating offensiveness to the anti-dog-shirt aesthetic.

I was bouncing dog shirt ideas off of @eve_gaumond (who is a young AI scholar you should follow). We both…
Read 19 tweets
Benjamin Wittes Profile picture
14 Nov
Good question. Answer: No.
We did not publish it.
We made sure it was in appropriate hands. (It is a matter of public record that I gave it to Jim Comey after he already had it.)
And we published a VERY cautious piece on @lawfareblog about it when it became public.
lawfareblog.com/about-explosiv…
lawfareblog.com/why-are-trump-…
Read 4 tweets

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