Claire Finkelstein
@COFinkelstein
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Algernon Biddle Professor of Law & Professor of Philosophy; Faculty Director, Center for Ethics and the Rule of Law, University of Pennsylvania
Philadelphia, PA
Joined December 2011
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Pinned Tweet
Yesterday
@PennCERL
and
@NIMJustice
filed an amicus brief to support Al-Bahlul’s petition for certiorari before
#SCOTUS
regarding Judge Katsas’ failure to recuse on the D.C. Circuit. A former prosecutor can’t later serve as judge in the same case.
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AG Barr needs to testify before the House Judiciary Committee tomorrow! Please see my op-Ed with
@RWPUSA
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I’m a law professor who has studied presidential power for years and I filed an amicus brief in this case. Good enough for you?
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It will take many years for us to tell the full story of the Trump Administration. When all is said and done, the role of Bill Barr will not be a pretty one.
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Barr’s Friday night massacre of Geoff Berman at the S.D.N.Y. must not stand. Barr is the head of DOJ, true, but if his purpose in this firing is to obstruct an official investigation, he is risking charges for obstruction of justice.
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This is a total outrage. Jared Kushner commissioned and then abandoned a rational plan for dealing with
#COVID19
because it would only affect blue states! Or so they thought. Jared Kushner should resign.
BREAKING: My latest
@VanityFair
story, a detailed investigation into how the White House secretly drafted, then abandoned, a plan to nationalize America's broken
#COVID19
diagnostic testing system. /1
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Trump will likely be indicted after leaving office for financial crimes in New York. But he should also be investigated by the new Department of Justice for obstruction.
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Roger Stone's commutation is a profoundly concerning act of obstruction. But in the wake of
#SCOTUS
's clear indication in Vance that
@realDonaldTrump
is not above the law and can now be criminally investigated,
#POTUS
may be getting desperate.
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1/2 Wednesday’s protests were in part organized by the Republican Attorneys General Association (RAGA). Senator Hawley was himself a member of RAGA apparently.
This was no spontaneous outburst. It was part of a well-funded criminal conspiracy to commit sedition and violently overthrow the United States government. Everyone involved must be held accountable. That includes Donald John Trump.
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Yesterday I filed a Hatch Act Complaint with
@RWPUSA
asking for an investigation into Secretary Pompeo's speech at the RNC. I am pleased that the media has picked up this important story.
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This conduct should disqualify
@realDonaldTrump
from finishing his term.
@SpeakerPelosi
, now that your position is secure, let's make sure Donald Trump cannot run again in 2024!
This is criminal conduct under state and federal law.
@realdonaldtrump
should be impeached again NOW and tried and convicted after he leaves office so he can never hold public office again.
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This looks right to me, but even without the 28 U.S.C. 546(d) factor, Barr simply cannot fire Berman if the purpose is to put a stop to an ongoing investigation.
Berman is the Acting U.S. Attorney by dint of a *judicial* appointment.
There’s a pretty good argument that, per the plain language of 28 U.S.C. § 546(d), he gets to keep serving in that post until the *vacancy* is filled (through Senate confirmation of a permanent successor).
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It's worse than that. It looks as though Graham is proposing using the confirmation powers of the Senate to obstruct justice!
Lindsey Graham is threatening the Senate won’t confirm any AG who might prosecute Trump. So to be clear, he’s personally setting preconditions for what laws the nation’s chief law enforcement officer can enforce?
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This is highly disturbing and shows
@LindseyGrahamSC
in the corrupt light that has been shining brighter on him every day for the last four years.
Lindsey Graham Says Senate Will NOT Confirm Any Biden AG Nominee Who Will Investigate/Prosecute Trump. There’s a legal term for this: ACCESSORY AFTER THE FACT. 18 US Code Sec. 3. Details here . . . Because
#JusticeMatters
via
@YouTube
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Our democracy barely survived its corrupt leadership and Postmaster General Louis DeJoy was up there with the worst of them. Moreover USPS is still not functioning well.
@BillPascrell
is right.
Today I am calling on President Biden to fire the entire Postal Board of Governors for their silence and complicity in trump and dejoy’s attempts to subvert the election and destroy the Post Office.
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@LindseyGrahamSC
has abused his office as Chairman of the Senate Judiciary Committee by pressuring the Georgia of Secretary of State to invalidate ballots. See my complaint with
@RWPUSA
and
@waltshaub
, and the story on CNN.
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Seriously, how dumb does Ratcliffe think we are?!
Statement by DNI Ratcliffe: "I have confirmed that neither the President nor the Vice President were ever briefed on any intelligence alleged by the New York Times in its reporting yesterday." (1/2)
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This is appalling. Whatever the GOP thinks of her decision, Liz Cheney broke no rules or laws and voted her conscience. The brown shirts are out in force in the U.S. Congress.
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As
@RWPUSA
and I wrote, all federal officials have a civic duty to respect the offices they serve. The defilement among senior members of the current administration of their own offices is egregious. See our latest in Newsweek.
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What more proof did we really need that the White House is directly colluding with Russian aggression against U.S. interests?
@realDonaldTrump
has told us so repeatedly. When will we finally believe him?
GRU attacks Election 2016, White House attacks FBI, corrodes DOJ in response. GRU plots assassinations on 🇺🇸 Troops in AFG, White House tries bringing Russia back into G8. What if GRU kills Americans in America, what would the White House do?
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It will be a stain on Merrick Garland’s reputation, and permanently weaken the DOJ, if the Department does not take a very strong, clean stance on everyone who helped foment the 1/6 insurrection. Defending Mo Brooks would be even worse.
It is difficult to imagine an act that falls farther outside the scope of a congressman’s official duties than helping to provoke a crowd to lay siege on the center of our federal government, write
@NormEisen
,
@daniellebrian
and
@DonaldAyer6
.
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Thank you,
@MittRomney
, for being a voice of courage and integrity, all the more courageous because you are consistently alone among your GOP colleagues in the Senate.
Unprecedented, historic corruption: an American president commutes the sentence of a person convicted by a jury of lying to shield that very president.
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January 6 will be remembered as the day democracy died. Today was the funeral.
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2/2. The list of corporate donors to RAGA includes Koch Industries, Comcast Corporation, Walmart, Home Depot, Amazon, TikTok, Chevron, The National Rifle Association, Monsanto Facebook, Fox Corporation, Uber, Coca Cola, Exxon, and Google.
1/2 Wednesday’s protests were in part organized by the Republican Attorneys General Association (RAGA). Senator Hawley was himself a member of RAGA apparently.
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The question is what Berman is investigating that Bill Barr wants to impede. Epstein? The Trump Organization? The attorney general should show up and explain himself first thing Wednesday morning. See my op-Ed with
@RWPUSA
in Newsweek.
America is right to expect the worst of Bill Barr, who has repeatedly interfered in criminal investigations on Trump’s behalf. We have a hearing on this topic on Wednesday. We welcome Mr. Berman’s testimony and will invite him to testify.
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This absolutely should have been disclosed by
@AmyConeyBarrett
and should raise serious concerns about her veracity.
Signing on to an ad that calls Roe v. Wade "barbaric" is the sort of thing a judicial nominee is usually supposed to disclose to the Senate while being considered.
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This is a warning worth heeding, especially in Pennsylvania!
It’s too late to use the mails. Given Supreme Court rulings I urge everyone to now vote in person; early vote or use drop boxes. Protect your health but don’t let the Court and the deliberately crippled Postal Service deprive you of your most precious civil right. Plan your vote.
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In my interview on
#aljazeera
this morning, I said imposing Rule 11 sanctions on the Trump lawyers who brought frivolous lawsuits would have helped to prevent this massive waste of taxpayer $ and distraction from the critical issues our country faces.
It’s time for bar associations to step up to the plate and discipline attorneys who abuse the system by flooding courts with claims lacking any basis in fact or in law:
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@LeaderMcConnell
victory may end up being his biggest regret. Not only will there be a commission, but prosecutions seem increasingly likely too.
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Is there a lawyer in house? Donald Trump apparently has a problem. He has been deserted by his legal team a week before his impeachment trial begins.
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This calls for witnesses. The Senate should call them.
Wow. Trump lawyers have no explanation of what Trump knew on day of Capitol riot or what he did to stop it beyond a single tweet. Stunning.
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This article from June in The Atlantic gives a detailed and cogent narrative suggesting that the foreign interference in 2016 may have been only the appetizer. The main dish is about to come.
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I just heard a commentator say that Trump's defense was a "My Cousin Vinny" moment. Please don't insult a fabulous movie showing what ultimately was a great courtroom performance. These lawyers should watch it and take some lessons.
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When the Secretary of War, Belknap, was tried in 1876 following his impeachment and resignation, he was no longer holding office in the federal government. That is our only precedent, and it permits this case. There is no precedent on the other side.
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The Trump Campaign today filed this lawsuit in a Federal District Court in PA. They want an injunction to stop the Secretary of State from certifying the results of the election. They can huff and puff but they won't blow the house down.
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Had
@Twitter
done this in 2017, January 6, 2021 might never have happened.
BREAKING: Twitter announces that Trump’s ban is permanent— even if he runs for president in 2024.
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This is very worthy of investigation. Lot all of
@realDonaldTrump
’s policy decisions, a profit motive is usually not far to seek.
Senators are asking the DOJ IG to investigate why the Trump administration re-started federal executions.
@CREWcrew
has questions about this decision also, after our investigation found they sought a no-bid contract for the drug used in lethal injections.
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Shocking, but not surprising. Why was 45 not led away on January 20th in handcuffs?!
If you want to know who started the insurrection, ask the question we asked after 9-11: Who paid for it?
Trump.
Trump’s political operation paid more than $4.3 million to Jan. 6 organizers but questions remain about the full extent of its involvement
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Please see my op-Ed with
@RWPUSA
on Bill Barr and the importance of congressional oversight. Barr needs to come before the House Judiciary Committee to explain his actions to Congress and the American people, now!
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Rep. Mo Brooks is demanding that DOJ represent him under the Westfall Act in the suit brought by Rep. Swalwell for his role in fomenting the Capitol riot. His reason? He claims he was acting "in the scope of his employment" when he supported the BIG LIE. To DOJ: JUST SAY NO.
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Terrific piece by
@jckendall
about
@BandyXLee1
who was terminated by Yale University for trying the warn the country about the danger posed by
@POTUS45
. Yale should reinstate her and reaffirm the principle of open expression on university campuses.
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In order to invoke the 25th Amendment, all that needs to happen is for
@VP
to transmit a letter, along with a majority of Trump's cabinet, to
@SpeakerPelosi
and
@ChuckGrassley
saying that
@realDonaldTrump
is unfit for office. Pence would immediately become the Acting President.
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Merrick Garland is a fabulous choice for attorney general! And this time
@senatemajldr
cannot scuttle his confirmation.
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We will be investigating the perfidies of Trump's family and associates for many years. Biden should appoint a special counsel.
Remember that Deutsche Bank appears to have failed to monitor and report suspicious financial activity found in accounts controlled by President Trump and Jared Kushner, raising serious questions about the bank’s compliance with anti-money laundering rules
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Pennsylvania AG blasts Texas election suit as 'seditious abuse' of judicial process
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This is ridiculous. Doesn’t she know we only use our space lasers to light Chanukah candles?!
"Most Republicans are probably quite skeptical that the California wildfires were intentionally set by a Jewish space laser."
We sure hope so, but we wonder sometimes.
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No veteran can support this Commander-in-Chief without asking themselves how much they truly stand with those currently in uniform.
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The Senate must subpoena Donald Trump and enforce it in federal court if he does not comply. Now that he is no longer president, his only grounds for refusing to testify would be that he intends to take the 5th. And that, in itself, would be telling.
BREAKING: House Impeachment Managers Request Former President Trump Testify Under Oath Next Week
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BIBAS, Circuit Judge:
“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are seri-
ous. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.”
I am proud of my former colleague, now Judge Stephanos Bibas, for this wise and forceful decision.
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Former Chief of Staff to Colin Powell, Larry Wilkerson, says he would have Michael Flynn court-martialed for "incitement to insurrection." See my piece with
@RWPUSA
in
@just_security
on this same topic. via
@YouTube
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As
@RWPUSA
and I argue, Trump v. Vance makes clear a sitting president is subject to criminal indictment. Consider that,
@realdonaldtrump
, when pressuring the Secretary of State of Georgia to overturn a lawful election.
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Hanging on to the filibuster for senators is not worth losing our right to vote. We need the Senate to pass HR1.
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This is the same lawsuit a federal judge tossed out yesterday, just brought by a different party. Time for the GOP to stop wasting taxpayers’ money filing frivolous and irresponsible lawsuits.
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The ethics rules are useless if they don’t apply to a wave of 50 frivolous lawsuits to overturn a valid election.
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It is critical that this investigation proceed to completion. This may be the only accountability Trump encounters.
Memo to Cy Vance, Manhattan DA: Beef up your security team. Wear body armor. Hire a really good food-taster. Maybe two.
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Louis DeJoy needs to go. He subverted USPS to aid Trumps reelection campaign and sought to exploit it to line his pockets.
@JoeBiden
should fire the postal board and replacing it with persons of integrity who care about ensuring USPS serves the needs of all Americans equally.
Just because Trump is out doesn’t mean that all his cronies are. Like Trump-appointed Postmaster General Louis DeJoy who slowed mail and removed mailboxes right before the election with the greatest number of Americans voting by mail to date.
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Manafort can now testify at the trial of
@realDonaldTrump
for obstruction of justice.
The President looked like he may have been dangling a potential pardon to encourage his campaign chair Paul Manafort not to cooperate with investigators. Then Manafort lied to investigators about key issues, which led to an increased sentence. 1/3
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Extraordinary testimony by former GOP official Matthew Pottinger. A committed conservative, he knew the danger for the country of Trump’s attack on the peaceful transition of power — both with our enemies and with our allies. This is not a partisan matter.
#January6thHearing
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Exile-in-chief'? Trump a 'flight risk' if criminal charges are filed, experts say via
@washtimes
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So tell me, did Chuck Schumer just throw House managers under the bus?
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Amazing that
@LindseyGrahamSC
persists with efforts to reverse the election after the criticism he received for his attempt to intervene in Georgia! See the ethics complaint I filed with
@RWPUSA
and
@waltshaub
demanding that the Senate Ethics Committee.
Lindsey Graham has received intense blowback for suggesting that Georgia officials throw out legally cast ballots in the state and questioning Arizona’s mail-in voting process. We’re investigating.
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Agreed. Next steps await. Appoint a special prosecutor.
Alright. Let’s get Merrick Garland confirmed so we can begin the criminal investigations into the insurrection leaders, and in between Covid relief budget reconciliation votes, let’s get the house and senate committees to open investigations and call witnesses in those forums.
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More on the Republican attorney generals. The violence and break in of the Capitol Building on 1/6 looks more and more like a well-executed plan with high level involvement of elected and appointed officials, and less and less like a spontaneous occurrence.
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Trump just admitted his motivation for placing a loyalist like Amy Coney Barrett on the Court, and getting the Senate Republicans to rush through the confirmation process.
Trump just said it at Reading PA rally:
“If we win on Tuesday or — thank you very much, Supreme Court — shortly thereafter…"
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Favorite quote: “Perhaps the most dangerous lie . . . was that the election was stolen. Of course it wasn’t, but a huge number of Republican leaders encouraged the belief that it was. Every time that lie was repeated, the riots of Jan. 6 became more likely.
”We’ll never move forward by ignoring what happened or refusing to hold accountable those responsible. That will embolden the few who led us here and dishearten the many who know America is better than this.”
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The NY Ct. of Appeals ruled that
@PaulManafort
can't be prosecuted under NY law for crimes closely related to the federal offenses for which he was tried and pardoned. But presidents have no power over state crimes, and thus the federal pardon should free Vance up to prosecute.
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Way to go DOJ! This is a far cry from representing Trump against E. Jean Carroll. We seem to be going in the right direction.
BREAKING: Merrick Garland’s DoJ OLC has released a memo ordering the Treasury to hand trump’s taxes over to the House Ways and Means Committee.
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Trump is feeling the heat of increased public knowledge about his taxes, his business empire and the self-inflicted wound of his dishonest financial practices. When the going gets tough, the tough start suing.
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Extraordinary picture of national guardsmen asleep in the Capitol building to protect it from insurgents. How did it come to this?!
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Merrick Garland got it right! Time to rethink the decision to support Trump against E. Jean Carroll.
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Their argument is that Flynn was lying when he said he spoke to the Russians, so that he was telling the truth when he said he didn't speak to the Russians! Was he lying when he admitted he lied to investigators?! Do two lies make a truth?
The Attorney General's dismissal of the case against Michael Flynn is not just a special favor for a friend of the President, it is also part of a systematic attack on federal law enforcement and federal prosecutors who take on corruption. Truly dangerous.
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And many other charges.
#DOJ
has no choice but to act. The
#January6thCommittee
has forced its hand.
Did Trump commit a crime? "This is the smoking gun," Sol Wisenberg, a former deputy to Ken Starr, tells me about today's hearing. "There isn’t any question this establishes a prima facie case for his criminal culpability on seditious conspiracy charges."
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The more we dig the deeper the rot goes.
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Horrendous!!
The President is reportedly considering firing the FBI Director for not launching, and publicly announcing, an investigation of his political opponent. This is dictator stuff; Republicans and Democrats should be screaming about this assault on democracy.
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This op-Ed gets it exactly right. Accountability is critical. But it would help if Congress revived the special counsel law first. We need to put sensitive political investigations as much beyond the reach of partisan politics as possible.
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The president’s signature on a bill signals his acceptance of its contents as constitutional. If he truly believes it is not constitutional, his oath of office requires that he not sign it. If he does, he must abide by its contents.
#RuleOfLaw
“I believe that elements of this law are unconstitutional or infringe on my executive powers. Therefore, I am signing this into law, but I reserve the right to ignore certain parts of it or to interpret it as I see fit.”
@realDonaldTrump
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Free legal advice for DT: it would be better not to draw attention to your complicity in a crime by calling a press conference at your home on the first anniversary of its commission.
Trump officially announces January 6th anniversary press conference at Mar-a-Lago
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If
@LindseyGrahamSC
did not try to disenfranchise voters in GA by calling
@GabrielSterling
’s boss—see complaint I filed against Graham with
@waltshaub
and
@RWPUSA
—he must decry this intimidation of a Georgia election official just trying to do his job.
So this is fun...multiple attempted hacks of my emails, police protection around my home, the threats. But all is well...following the the law, following the process...doing our jobs.
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Important development in the fight to hold this and all future accountable.
Unsurprising but very welcome development: DC circuit grants rehearing en banc in both the McGahn case and the subpoena of Mueller material case. Plus Trump’s two appointees are recused. Hearing on April 28. Look for the McGahn case to be reversed and the subpoena case affirmed.
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People are stabbed and beaten up by Proud Boys in DC, the Michigan statehouse closes out of fear of violence, and
@KLoeffler
poses with a white supremacist during a reelection campaign. The US is having a dangerous romance with racism and authoritarianism.
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Faculty shouldn't comment on the behavior of former students, right. But when their students become U.S. Senators, they are open to public scrutiny. When they engage with insurrectionists who violently attack the Capitol, it is not just permissble, but obligatory, to speak up.
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Can’t imagine why Jared didn’t take care of this. I thought he already made peace in the Middle East!
Psaki says U.S. officials heavily involved in seeking ‘de-escalation’ between Israel military and Gaza militants Via
@WPJohnWagner
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As I told Newsweek today, Rudy Giuliani could face charges for criminal sedition or other crimes based on his encouragement to an angry mob to engage in “trial by combat” and assistance to Donald Trump in the run up to January 6th.
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“As Commander in Chief, President Trump ... has an obligation under both domestic and international law to at least not impede processes to hold war criminals responsible, and his pardon powers do not override that responsibility,” says Gabor Rona.
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Donald Trump remains at large and dangerous. His followers need straight talk about the crimes he has likely committed and the urgency of prosecuting him even for the most extreme of them. Read my take with
@RWPUSA
in
#washingtonpost
here.
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“I am going to do everything in my power to put this dark chapter behind us.” Senator Durbin concluding the Senate is Judiciary Committee hearings on closing Guantanamo. I cannot think of a better chair for this committee.
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Congratulations to
@KamalaHarris
and
@DouglasEmhoff
for finding happiness in love and making room for it in their lives. Part of a life worth living.
The morning after our first date,
@DouglasEmhoff
emailed me a list of his available dates for the next couple of months: 'I want to see if we can make this work.' And we did.
Dougie, happy birthday. I could not imagine anyone else I’d rather be with on this journey called life.
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Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition via
@just_security
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This report provides a roadmap to the problematic tenure of William Barr at the Department of Justice. Further investigation by Congress will be necessary to plumb the depths of his perfidy.
So what did William Barr accomplish as Attorney General?
Our 200 plus page report from
@PennLaw_CERL
and
@CREWcrew
is here. Download, read and circulate this report on the worst Attorney General in American history.
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By the same logic, Trump should not be able to pardon Michael Flynn either, since the purpose would be the self-serving one of obstructing an inquiry into his own wrongdoing.
Don’t even think about it Donny....
No, Trump can’t pardon himself. The Constitution tells us so. - The Washington Post
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It is deeply concerning that anyone who was involved with, or tried to justify, the Bush era torture program continues to be involved with public policy. John Yoo should not be consulting with
@realDonaldTrump
, and
@GinaHaspell1
should not be Director of the CIA.
If the federal government had listened to
@COFinkelstein
back in 2010 about prosecuting torture lawyers, John Yoo now might not be advising
@realDonaldTrump
on his "unitary executive" theory for authoritarian rule.
Read all about it here:
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This is hardly a surprise. Yet there has been no accountability for what can only be called a disinformation campaign, pure and simple. All of this information should be weighed and sifted by a special prosecutor. But ignoring history dooms us to repetition, as the saying goes.
Breaking News: The Trump campaign knew days after the 2020 election that wild claims of voting machine tampering — pushed by Sidney Powell and others allied with Donald Trump — were not true, court filings show. Still, they promoted the false theories.
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We must not be complacent about the ability of
#Ukraine
to hold out without outside military intervention. Economic sanctions will not do it. Heavier Russian tanks are already reportedly on their way, and Putin’s anger is a harbinger of what is surely to come.
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Lest his rejection of the Trump fraud myth about the 2020 election should cause us to rethink our criticisms of Bill Barr, here is a reminder of who he really is -- the most heartless and corrupt attorney general the US has ever had.
BREAKING: The Trump administration was in such a rush to execute people that it sought to enter into a no-bid contract with the seller of the drug used in the lethal injection, according to new documents obtained by CREW.
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Congress should hold hearings into the firing of all these IG’s. On second thought, what could they uncover if they did? POTUS is not hiding why he’s doing it ...
Yet another inspector general is fired by the most corrupt president in American history.
We'd better fire him in November or it's four more years of cover ups, retaliation, and incompetence.
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