Roger Parloff Profile picture
Jul 12, 2024 7 tweets 3 min read Read on X
Many conservatives now accept with bored acquiescence the near certainty that Trump, if elected, will dismiss both federal indictments against himself. Yet it would be an abuse far greater than the Saturday Night Massacre that once shocked the nation...
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In Oct 1973, Nixon fired AG Elliot Richardson & then Dep AG Wm Ruckelshaus for refusing to fire Special Prosecutor Archibald Cox, who was subpoenaing Nixon’s White House tapes. The firings galvanized bipartisan support for impeachment proceedings ...
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... which began 10 days later. Quaint though it may now seem, US District Judge Gerhard Gesell even ruled, later on, that the Cox’s dismissal had been illegal. ...
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... Yet the SCOTUS majority in Trump v US contemptuously chided the bipartisan lower courts for trying to let justice be done before Trump has a chance to abuse power to derail it. They even purported to be acting expeditiously ...
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... though we are, right now, pointlessly counting 32 more days off the calendar for SCOTUS’s ruling to become final, because the court declined to make it immediate. (The pause permits the losing party to seek rehearing—inconceivable here as the Court well knows.) ...
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... Is the president now above the law? Half-heartedly, the majority claims (s)he is not—with asterisks galore. They say the dissents are “fear-mongering” with “extreme hypotheticals”—which they tellingly don’t deign to refute. ...
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... Justice Thomas disdains that tack. He quips that the once-revered notion has been largely meaningless all along. Immunity from prosecution for official acts *is* the law, he writes, archly. Silly Nixon, silly us, silly forefathers for imagining otherwise.
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More from @rparloff

Jan 2
Accused J6 pipebomber Brian Cole is claiming that he is entitled to release due to govt’s failure to obtain within the allotted time period either a proper grand jury indictment or a judge’s probable cause finding after a “preliminary hearing.” Odd situation. ...
1/10
Under Federal Rules, absent defense consent or “extraordinary circumstances,” you can’t detain someone > 14 days without a finding of probable cause, either by indictment or public preliminary hearing. Prosecutors prefer indictments because they’re secret. ...
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Cole has been in custody since 12/4 on a criminal complaint. His initial appearance was 12/5. The mag judge set a detention hearing for 12/15, but didn’t mention a preliminary hearing. Seems like everyone assumed the govt would indict Cole by 12/15—but it didn’t. ...
/3
Read 11 tweets
Dec 31, 2025
Re USA v Abrego Garcia: A quick summary of what Judge Crenshaw’s newly unsealed order from 12/3 shows & means: He reviewed ~3,000 govt documents in chambers. Most were irrelevant, but he ordered a few dozen key ones turned over to defense. ...
1/7
storage.courtlistener.com/recap/gov.usco…
US Atty McGuire had previously sworn that he alone decided to indict Abrego Garcia. But emails show, per Crenshaw, that @DAGToddBlanche's Office told McGuire that indicting was a “top priority”; they wanted it “sooner rather than later”; & they even oversaw its content. ...
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... Abrego’s vindictiveness claim hinges on timing. For 3 years the govt took no steps to charge him for his 11/30/22 traffic stop. It sent him to CECOT on 3/15/25 &, on 4/1/25, closed his arrest file. ...
3/7
Read 7 tweets
Dec 23, 2025
Judge Crenshaw wants to make public his 12/3 ruling discussing the key role Dep AG Todd Blanche’s office played in deciding to prosecute Abrego Garcia. But Crenshaw is giving govt 'til 12/30 to appeal his rulings rejecting govt's atty-client & other privilege claims ...
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Due to a redacting error in a defense brief, we already know that Crenshaw’s 12/3 ruling, still under seal, concluded that Blanche’s associate, Aakash Singh, played “a leading role” in deciding to prosecute Abrego. ...
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In an effort to fend off Abrego’s vindictive prosecution claims, McGuire claimed he alone made the decision, and he was untainted by the vindictive motives attributable to Trump/Blanche. (Just like Halligan claiming that she, not Trump, decided to pursue Comey & James.) ...
3/4
Read 5 tweets
Dec 22, 2025
In sealed order issued 12/3, Judge Crenshaw found that @DAGToddBlanche's deputy, Aakash Singh, played a “leading role in the govt’s decision to prosecute” Abrego Garcia. Abrego’s attys’ failed to redact that language in a brief, correcting the error shortly thereafter...
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... The DAG office’s role, Abrego’s attys argue, conflicts with multiple assertions from US Atty McBride, who initially claimed that the Office of DAG was "not involved.” Later, when DAG's role emerged, McGuire said said it was just “appropriate oversight.” ...
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Read 4 tweets
Dec 1, 2025
Today’s Third Circuit ruling that Alina Habba was unlawfully appointed casts doubt on @AGPamBondi 's back-up theory for Halligan—the notion that Bondi could appoint her a “special atty” (under 28 USC § 515) who could do everything a US atty could. ...
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... The situations were not identical. Halligan’s original appt was under 28 USC § 546; Habba’s was under Federal Vacancies Reform Act. Still, key gist—that a “special atty” appt under § 515 can’t circumvent Congress’s more specific statutory scheme—is the same. ...
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... Anticipating this, Bondi alternatively appointed Halligan under § 515 as, in effect, a hand-picked prosecutor for just Comey & James (left). That might stand. But it would strengthen Comey’s & James’s claims (right) that their prosecutions are vindictive & selective. ...
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Read 4 tweets
Oct 15, 2025
If you read the precedents Abrego Garcia is citing in seeking release from detention, you begin to realize the unreported horrors Trump's DHS/ICE is quietly committing throughout the country. Take Zavvar v Scott, for instance. ...
1/7
law.justia.com/cases/federal/…
Reza Zavvar, 52, came to the US from Iran when he was 12 (so 40 yrs ago). He was granted asylum & permanent residence. Then, in the 1990s, when he was in his 20s, he had 2 misdemeanor convictions for possession of pot. ...
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In 2004, because of those, the GWBush Adm got an order of removal against him, but removal to Iran was withheld because of threats to his life or freedom there. He was then allowed to live & work in MD without incident *for nearly 18 years.* ...
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Read 7 tweets

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