southpaw Profile picture
Jan 19 4 tweets 2 min read
Here’s the Supreme Court’s opinion shutting down Trump’s effort to block the 1/6 committee. Justice Thomas would’ve granted the application; Justice Kavanaugh filed a lengthy statement (which I’ve not yet read). supremecourt.gov/opinions/21pdf…
While granting the 1/6 committee what it needs, the Court has largely hollowed out the DC Circuit’s opinion in the case, criticizing it for reaching the question of the effect of Trump’s status as a former president when it had already held none of his privilege claims would fly.
Then Kavanaugh goes a step further and says if they had reached the question of Trump’s status he would’ve voted the other way, which takes some of the sting out of the criticism of the court below for writing a bunch of dicta.
No mention of the Presidential Records Act. No thought given to any circumstances in which the public’s interest in disclosure would weigh more heavily than the president’s advisers feeling all warm and cuddly. Just an ironclad rule. Kavanaugh is very bad at thinking.

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More from @nycsouthpaw

Jan 19
NY AG: TRUMP TRIPPED UP BY TRIPLING TRIPLEX ag.ny.gov/press-release/…
Eric Trump, asked to explain valuations of the Seven Springs property that exceeded independent appraisals by 10x, repeatedly took the Fifth. ag.ny.gov/sites/default/…
Ivanka Trump kept getting options to purchase apartments in Trump Park Avenue that were around 1/3 the company’s estimate of their value.
Read 8 tweets
Jan 15
Some amazing photos in this account of the eruption from Tongan geologists. matangitonga.to/2022/01/15/ton…
If I understand the timing correctly, these were taken on Friday local time, well before the massive explosion that sent shockwaves around the globe, which happened shortly before sunset on Saturday in Tonga.
That Tongan news site, as best I can tell, hasn’t posted an update since the large explosion.
Read 4 tweets
Jan 14
I don’t think it’s right to categorize this as executive unilateralism. Congress granted a clear authority to address grave dangers in the workplace to the agency in the OSH Act and Richard Nixon signed it. The conservative movement has never liked it but it’s a duly enacted law.
The extraordinary scope of the vaccine mandate arises from the pandemic itself being an extraordinary once-a-century sort of thing (knock on wood), not from it being a strained interpretation of the law.
But the court’s conservatives have jumped at the chance to entrench a fairly novel and, imo, deeply unwise principle (“major questions” doctrine) that it’s somehow wrong to adapt existing law to new and unforeseen circumstances and so you must go back to Congress.
Read 4 tweets
Jan 13
This is a really silly fallacy to find in a SCOTUS opinion. supremecourt.gov/opinions/21pdf…
Lots of occupational hazards are not solely encountered at work. People can cut themselves in their kitchens, perish in a fire at a music venue, or suffer eye damage in a high school chemistry class... does that mean OSHA can't regulate sharps, fire safety, and eye protection?
Does the Court's express reference to "air pollution" as a "universal risk" in that passage mean that OSHA's extensive indoor air quality regulations are about to be overruled?
Read 4 tweets
Jan 13
Stewart Rhodes charged with seditious conspiracy, a major development in the DOJ’s Jan. 6th investigation and the first time that charge has been filed in connection with the attack on the Capitol. nytimes.com/2022/01/13/us/…
Here is the Oathkeepers seditious conspiracy indictment. justice.gov/opa/press-rele…
“The seditious conspiracy indictment alleges that, following the Nov. 3, 2020, presidential election, Rhodes conspired with his co-defendants and others to oppose by force the execution of the laws governing the transfer of presidential power” justice.gov/opa/pr/leader-…
Read 7 tweets
Jan 6
I wouldn’t let Trump or his followers off nearly so easy. Don’t forget Trump’s deliberate seeding of the lies about mail ballots before the election and his speech claiming victory at 2a after election night, when we all knew the ballots weren’t fully counted.
And the people he deluded were the recipients of one of the broadest, loudest, and most determined efforts to convey the truth in memory. Their fellow citizens marshaled evidence and banged pots and pans for five years to let them know they were being lied to. They didn’t care.
The reason they didn’t care is what, imo, makes arguments like Bari Weiss’s sophistry. The Capitol insurrectionists were there for Trump, their attachment to him was direct and personal. They were there because he wanted them to be. It had nothing to do with truth or democracy.
Read 4 tweets

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