James Burnham Profile picture
"well-known conservative attorney" - NYT. Managing Partner at King Street Legal and President at Vallecito Capital. Former @WhiteHouse @TheJusticeDept @DOGE
Aug 8 10 tweets 3 min read
Another emergency filing in the Supreme Court last night by @TheJusticeDept, this time because a district court has commandeered immigration enforcement in Los Angeles. There are multiple serious issues here, and emergency relief seems proper. 1/ Image To set the stage: ICE Agents need "reasonable suspicion" that a person is here illegally before they can stop the person for immigration-enforcement purposes. That is a low bar. Basically is it reasonable under the circumstances to suspect someone is an illegal alien? 2/
Aug 1 9 tweets 2 min read
On the heels of DC attempting to disbar @JeffClarkUS, a dark money group has escalated further--filing bar complaints against little-known lawyers who defend the Administration in court. This is a frontal assault on the Executive Branch. It must be defeated at all costs. 1/ Image Lets set the stage. First, the subjects of the complaints are the political appointee who has my old job--Deputy Assistant AG for Federal Programs, in @TheJusticeDept parlance--and two career lawyers. These are not high profile people accustomed to harassment. 2/
Jul 21 10 tweets 3 min read
The district judges in New Jersey are thinking about replacing @realdonaldtrump’s chosen US Attorney—@USAttyHabba—with someone the judges choose under a statute purporting to give them that power. But if the judges attempt that move, it should fail. Here’s why. 1/ Image First the basics. Article II vests all executive power in the President. That includes the prosecution power of U.S. Attorneys. For @POTUS to properly exercise that power, he must be able to freely hire and fire all subordinates who wield it. 2/
Jul 18 11 tweets 3 min read
The @WSJopinion has an editorial today arguing three basic things: (1) Emil Bove is a poor judicial nominee, (2) his nomination will stop other judges from retiring, (3) other Trump nominees are better and will induce more retirements. I broadly disagree. 1/ Image First, as I have written elsewhere, Emil Bove is a strong nominee right down the fairway of @realdonaldtrump’s long track record of excellent appointments. He has strong credentials and is a senior official @TheJusticeDept in the Administration. Straightforward pick. 2/ Image
Jul 16 6 tweets 1 min read
This is an important and creative suit by @USDOJ asserting @realdonaldtrump's constitutional authority over the Executive Branch. Here's why. 1/ The President removed the Board Members of the Corporation for Public Broadcasting—the infamous funding vehicle for @NPR and @PBS.  These Board Members—as other terminated federal officials have done—sued the President to hold onto their offices.  But importantly, they lost..  2/