1/ #Jan6thCommittee votes to hold @MarkMeadows in contempt. This is the right decision, but commentators saying that Meadows has a stronger case for ExecPriv than Bannon are wrong. Both have ZERO basis for claiming privilege. Here's why - and it's worth reading the full thread.
2/ There are many reasons why neither Bannon or Meadows has a legitimate ExecPriv claim. 1st, ExecPriv only covers convesations with the president about the job of the president. Planning a coup and overturning the results of an election are not part of the job of any president.
3/ That alone ends the issue, but there's more. 2nd, SCOTUS' #Watergate decision giving my team President Nixon's tapes also made clear that even where conversations are about policy and privileged, ExecPriv gives way to overriding national interests like those involved here.
4/ So here, even if there was a legitimate underlying privilege claim (which there isn't), it would fall because of the overwhelming national interest in learning what happened and what legislation is needed to prevent it from ever happening again.
5/ 3rd, here privilege is claimed by the ex-president, not the current president. Only the current president can assert the privilege and @Potus has waived it. He heard the ex-president's arguments & decided that the documents & testimony are necessary in the national interests.
6/ 4th, @MarkMeadows himself waived EP on the topics the #Jan6thCommittee wants answers. He gave documents to Cmtee, wrote a book & appeared on Fox talking about the subjects at issue. By giving the documents, he admitted that they cover subjects that are not privileged.
7/ Recent DC Court of Appeals decision confirms all this by ruling Trump himself has no privilege for his documents where @Potus has waived privilege. THe former president cannot keep his documents from the Committee or prevent his former aides from testifying.
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1/I was too upset by SCOTUS abortion arguments to tweet. I can't repeat Mississippi's arguments to overrule Roe because they are ridiculous. Lawyers for the clinics & the US (Rikelman & SG Prelogar) were brilliant and made almost all the points needed, but it fell on deaf ears...
2/ Here are my random reactions to Dobbs arguments:
If Roe is overruled, it would be the 1st reversal of an existing constitutional right. Past cases have expanded not contracted rights. Abortion has been a right for nearly 50 yrs - during which Republican party and Federalist...
3/ Federalist Society have worked to eliminate it. Compaing overruling segregation to overruling Roe is ridiculous. One ended a Constitutional violation, the other takes away a Constitutional right without anything changing in law, fact, or medicine...
SCOTUS disappoints -- as expected -- again. SB8 clearly deprives pregnant people of a right guaranteed to them by the Constitution and enshrined in Supreme Court jurisprudence. Why not say so or at least allow stay until you say so, which ultimately you must.
People who can be pregnant and want reproductive healthcare or an abortion include transwomen and people is therefore the properly inclusive terminology.
I have recently discovered an insightful newsletter by by @rbhubbell that lays out facts, supporting data & an optimistic take on many issues viewed as dooming Democrats. For an example, see rest of this thread and then you will want to subscribe at roberthubbell.substack.com/?utm_campaign=…
2/Today's newletter was about why Schumer was right to call the losing procedural on allowing debate on the merits of the Freedom to Vote Act, not even on its substance. Forcing all Senate Republicans to vote against it, he said it was a necessary loss...
3/It forced Republicans to take a stand on voting rights and admit that the existence of their party is dependent on voter suppression. Though the result is disappointing for Democrats, he said, "the loss was strategic." Senator Schumer knew that the vote would fail, but that
.@jbouie said so much so powerfully that I'm starting a thread with some of his best lines, but recommend reading the whole piece re SCOTUS threat to our rights and its loss of credibility. nytimes.com/2021/09/03/opi…
the court has essentially nullified the constitutional rights of millions of American women without so much as an argument...This isn’t judicial review as much as it is a raw exercise of judicial power. ...
It is common enough knowledge that the Supreme Court’s power to shape American society is a function not so much of its formal power under the Constitution as it is of its popular legitimacy. And much of that legitimacy rests on the idea that the court is acting fairly, ...
1/Today's news from the #ChauvinTrial. #GeorgeFloyd described as a vibrant, active man by his girlfriend & surviving an earlier drug overdose, but not a knee on his neck. Chauvain described by his police supervisor as using unnecessary force after Floyd was handcuffed and prone.
2/Paramedics describe Floyd's medical condition when they arrived - basically too late to save him, but say police could have done chest compressions and saved Floyd. Of course, all that was necessary to save him was for Chauvin & the others to get off him once he was handcuffed.
3/Off-duty EMT on scene earlier who wanted to help but was barred from helping also could have saved him. All the evidence is pointing to depraved indifference to Floyd's life. Defense scoring no points imho and insulting to witnesses grief and guilt and to jury with arguments...
1/Great question from @Lawssenhop about extending the Statute of Limitations to allow charging a former president who couldn't be indicted while in office. It's complex and requires a thread to answer so here goes.
2/In general, ex post facto laws are prohibited by Article 1 of the Constitution if they retroactively change the rules of evidence in a criminal case, retroactively alter the definition of a crime, retroactively increase the punishment for a past criminal act, or
3/punish conduct that was legal when committed. Courts have interpreted what can and cannot be done but have left unanswered whether extending the SOL after the conduct is over would be allowed.