southpaw Profile picture
Writer, lawyer, Dodger fan, idealist, hater. nycsouthpaw18 at gmail. RTs = endorsement or scorn. (he/him)
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16 Oct
Here's how they mirandized him ImageImageImage
Read 6 tweets
16 Oct
fun to watch the elite legal community try to smash congress's interests into powder and endorse an impossibly expansive interpretation of what the executive even is based entirely on the courts' prudential reluctance to wade into separation of powers issues in the past.
the courts have never ruled on whether a former president can assert, contrary to the wishes of the sitting president, executive privilege over his communications with a man not employed by the government about obstructing the transfer of power so this is a really thorny question
without sarcasm, I will say that the courts' historical discomfort with being the arbiters of anything touching presidents, their susceptibility to tendentious OLC memos, and the unpredictability of what a largely Republican judiciary will do with an unplowed field...
Read 4 tweets
14 Oct
Here’s a big one—A grand jury has indicted Boeing’s chief technical pilot on the 737 MAX launch for defrauding the FAA justice.gov/opa/pr/former-…
They have some receipts.
Notably for the civil plaintiffs’ bar among others, the indictment states that the FAA didn’t learn of the true operating parameters of the MCAS system until 737 MAX planes started crashing overseas. Boeing had never, apparently, corrected the bad info.
Read 4 tweets
14 Oct
*blue ribbon commissioning intensifies*
Here’s a more representative excerpt of the commission’s treatment of expansion. Still not great, imo.

A blind spot of the report is its elevation of shoring up “the court’s legitimacy” as the main goal of reform, rather than the law’s legitimacy and integrity.
Read 8 tweets
14 Oct
As usual, what’s going on here is that the Trump team is both wrong and trying to stuff it’s adversaries into a fully ass-backwards procedure. Congress needs to, but probably won’t, press forward with the right procedure to bring the matter to a head in time to do its work.
Its*

In most cases, you have three valid options when you get a subpoena: you comply fully, you work out an agreement with the issuer where you explain why some things have to be withheld and comply partially, or you get a privilege holder to sue to get the subpoena quashed.
Bannon is trying to carve out a 4th way, writing letters saying that Trump objects so he won’t disclose anything. But Trump hasn’t sued to assert his ‘privilege’ (and may never bc he’ll likely lose). What should happen absent a pending suit is Bannon gets prosecuted for contempt.
Read 6 tweets
10 Oct
I pulled the complaint; it's fascinating. The defendants allegedly mailed a cold overture offering submarine secrets to a foreign govt on April Fools Day, writing in the google-translated cover letter "this is not a hoax." documentcloud.org/documents/2108…
There's a long correspondence between the quite-candid defendants and the undercover FBI counterintelligence agent. It starts out very Burn After Reading and then heads toward a philosophy seminar about the impossibility of trusting one another.
fun to see different news orgs come to different conclusions about whether to call the secrets in question classified or not nytimes.com/2021/10/10/us/…
Read 6 tweets
8 Oct
He’s trying it. Shadow docket here we come.
Opening pages of the Trump v. Thompson complaint. ImageImageImageImage
Read 4 tweets
8 Oct
This seems like a bigger deal than whether Trump’s accountants were able to concoct a net operating loss:
The ownership structure of the Trump DC hotel. oversight.house.gov/sites/democrat…
Here’s the change.

In the Trump hotel’s statements for every year prior to 2018, it says it will start making principal payments on the DB loan on August 12, 2018.

Then in 2018, that changes without explanation to no principal payments until the loan matures in 2024.
Read 5 tweets
7 Oct
Cornyn and McConnell are hanging out in the well, chatting with the all the GOP senators who wander past. Still a lot of votes not cast yet.
GOP yes votes so far:
McConnell
Cornyn
Murkowski
Thune

Need six more.
Collins votes yes.

Five to go.
Read 16 tweets
7 Oct
The Senate Judiciary Committee report on Trump’s subversion of DOJ and the treacherous activities of DOJ official Jeffrey Bossert Clark in the aftermath of the 2020 election is out. judiciary.senate.gov/imo/media/doc/…
They dug up a draft resignation letter the Associate Deputy Attorney General prepared on January 3rd.
the most 🤌 exhibit so far
Read 7 tweets
7 Oct
I am very interested to know how the Saudi sovereign wealth fund “proved they are not a state-run entity.”
In 2017, the PIF seized a private charter company called Sky Prime Aviation on the orders of the Crown Prince, MBS. Months later, its planes were used to ferry the assassination team that killed and dismembered Jamal Khashoggi to and from Turkey. cnn.com/2021/02/24/pol…
Premier League statement that makes no sense.
Read 5 tweets
1 Oct
Again the reads on this situation that some voices at CNN choose to give its audience are wrong and pretty baffling.
This just isn’t the case. It isn’t. The effort to detach the infrastructure bill from the reconciliation bill isn’t aligned with the WH. The progressives who delayed the vote are aligned with the WH and made a reconciliation bill containing more of the Biden agenda more likely.
This is a significant analytical and explanatory failure by two major news organizations.
Read 5 tweets
29 Sep
Fielding errors play an outsized role in the congressional baseball game.
Republicans, picking on a weak center fielder, erase the Democrats’ early lead with back-to-back inside the park home runs. They now lead 5-3 as the first inning comes to an end.
By a millimeter, we just missed the most epically symbolic play at the plate imaginable in a congressional baseball contest.
Read 19 tweets
28 Sep
A letter from a month ago popped up on the Giuliani search warrant docket today. It outlines the dispute between Giuliani and SDNY, the office he used to lead, over the temporal scope of their review of the data on Giuliani’s devices. h/t @emptywheel. storage.courtlistener.com/recap/gov.usco…
A subsequent letter indicates SDNY narrowed the scope of its request, letting the Special master exclude anything that’s clearly from before a date in 2018, but disagreements remain. storage.courtlistener.com/recap/gov.usco…
Grandy Jury
Read 5 tweets
27 Sep
The Senate is voting on cloture for the motion to proceed to the CR + debt ceiling bill. 60 votes are needed under current senate rules and in all likelihood won’t be had.
On the Senate floor during this vote, the Democrats wear masks and the Republicans don’t (except Susan Collins).
Manchin was walking past a small group of Republicans and Tuberville grabbed his arm and dragged him bodily into a conversation with Cassidy and Cornyn.
Read 6 tweets
22 Sep
Eastman’s argument in Section 1 is that, on the one hand, the constitution is so strict about state legislatures controlling every aspect of election procedures that if a county exec sets up new polling locations or a court modifies a date, then Biden’s electors don’t count …
and on the other hand, any group of dudes can meet and act as Trump electors whenever and wherever and however they want, without so much as a tissue of connection to state law or state certification, send their votes to the Senate, and have them counted as equally valid.
This guy is a powerful figure in the conservative movement, a leader of the federalist society, and a professor at Claremont. And he tried to overthrow the republic—sat in the Oval Office and pressed this case to the president and vp—using an argument this stone stupid.
Read 5 tweets
17 Sep
Every year before the court gets back to work in October, the justices do some press and they typically say some media-bashing stuff like this—arguing that legal realism is something deceitful reporters made up and foisted on the people. washingtonpost.com/politics/court…
But it’s not true. Legal realism is predictive in ways that all the jewel box ideologies the Justices like to invent and lecture about are not. And it’s practiced discreetly by the clerks and lawyers who are closest to the court. The best documented example: Brett Kavanaugh.
Before he was on the court, Kavanaugh was one of the Republican lawyers who worked in the Bush White House picking right wing judicial nominees and kibitzing about what the courts were going to do. We have his emails. And they’re shot through with the views Thomas denounces here.
Read 4 tweets
16 Sep
The Michael Sussman indictment out of the Durham investigation, via the Washington Post. context-cdn.washingtonpost.com/notes/prod/def…
lol ok
To explain, the whole basis for this indictment is that (a) DOJ hazily contends that Sussman represented the Clinton campaign and (b) Jim Baker doesn't remember him saying that he did and this other guy's hearsay notes suggest he said he wasn't there on behalf of a client...
Read 5 tweets
15 Sep
As with other pre-indictment stories on federal investigations, I’ll caution this news likely comes via the defense lawyers and may reflect their particular lens on the case or their desire to position it a particular way in the public sphere. nytimes.com/2021/09/15/us/…
On the other hand, the Durham investigation has been pretty peculiar so maybe it is doing something outlandish.
So with that throat clearing out of the way, the allegation as presented in the story is that a Perkins lawyer went to the FBI to present the Alfa bank research and, in some prefatory remarks recalled by the FBI GC, misrepresented on whose behalf he was doing it.
Read 6 tweets
15 Sep
It’s apparently so little represented anywhere on the news that I guess I should spell out my own view of the recall election.
California is an idiosyncratic state. It has a truly massive Democratic supermajority in the electorate, a rump Republican party that’s given over to extremism, and a byzantine initiative and referendum system everyone responsible despises (but can’t manage to reform).
One feature of that referendum system is that it’s ridiculously easy to trigger a recall and, crucially, gain an outside chance of electing a fringe candidate. Because if the recall question succeeds, the top vote getter on the replacement question takes over the office.
Read 8 tweets
13 Sep
Sorry to nicki minaj’s cousin’s friend whose alibi for getting swollen nuts and having his wedding called off is about to fall apart under the intense scrutiny of the global media.
Trinidadian TV not impressed
Read 4 tweets