Eric Muller
@elmunc
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More than anyone could possibly want to know at . DO NOT mention XTC or Squeeze unless you want an earful. You've been warned.
Chapel Hill, NC USA
Joined September 2008
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Today's the release of "Lawyer, Jailer, Ally, Foe," a tale novelist
@JamieFord
calls "a fascinating look into...the conflicted minds of 3 men who participated in the imprisonment of Japanese Americans."
This thread shows a few of the people you'll meet:
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When will people wake up to the fact that our former NC Chief Justice, while dean of an accredited law school (Regent) was advising the president on how to overthrow an election?
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UNC's Board of Governors shuttered our Poverty Center and our Civil Rights Center, but is funding a headquarters for the Sons of Confederate Veterans.
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"Can Donald Trump pardon himself? That’s not the question the Constitution requires us to ask. Can Donald Trump *grant himself* a pardon? The evidence, at least according to the text of the Constitution & its original meaning, says no."
Me in
@TheAtlantic
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This is my statement on the decision of the
@UNC_System
Board of Governors not to approve my reappointment to the Board of Governors of the
@UNC_Press
.
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Stay tuned (tomorrow morning) for a piece by me in The Atlantic presenting a new argument for why the Constitution doesn't allow a president to pardon himself.
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Oh,
@RepMTG
! The things the gazpacho police would do to the juice! In their tortilla chambers!
#gazpacho
#gazpachopolice
Just to clear things up,
@RepMTG
Gazpacho: a vegetable-based Spanish cold soup
Gestapo: Nazi Germany's secret police
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So you got taken.
Trump's good at that.
No need to feel ashamed or to make any big announcement.
You can make it right in private.
@ProjectLincoln
@Will_Bunch
@TPM
@joshtpm
@GeorgeTakei
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.
#RudyGiuliani
on the need for state-level
#Racketeering
(
#RICO
laws).
How very right you were,
#Rudy
.
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In 1828, NC Supreme Ct Judge Thomas Ruffin wrote that a slaveowner must have "uncontrolled authority over the body" of a slave to "render the submission ... perfect." Today Thomas Ruffin's body, in statue, was removed from the Court of Appeals.
Perfect.
#confederatemonuments
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I'm not really like this generally. But tonight I want to say this: as a member of the
#UNC
faculty executive committee, I pressed relentlessly for 3 things since April: (1) a clear & *specific* public statement of the off-ramp criteria *before* the beginning of the semester. /1
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Is this the star to which
@HighPointU
really wants to hitch its new law school? What will accreditors think?
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@rocketfantastic
@nhannahjones
I got sacked by the Board of Governors from a position w/UNC Press for writing about Silent Sam and the law in ways that displeased them... and I've heard nothing from any UNC administrator at the university level or the level of my school (the Law School). Disheartening. Very.
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Thanks to
@steve_vladeck
, I learned DoD is trying to rehabilitate the discredited Hirabayashi case of 1943. (It upheld a racial curfew against Japanese Americans.) Just wrote the linked blog post elaborating on why this is so worrisome. Pls share widely.
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@brianbeers
This was a laugh-out-loud hilarious end to your thread. All this stuff about life's meaning and it's all so you can make a pitch.
Amazing.
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I failed on all 3 counts. If this weren't so serious, I'd be feeling a certain Schadenfreude tonight. But all I am feeling is anger & disgust. All of this so far, & the much worse to come, was foreseeable to anyone not looking at the world thru Carolina-blue-colored glasses. /end
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My dad, Jim Muller, passed away today at age 90 of pancreatic cancer and its complications. Here's his obit.
I try to be the old man with the umbrella. I think my dad did. You should too.
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They were government
#lawyers
stationed in America’s WWII concentration camps for Japanese Americans. They knew the camps were wrong but helped run them anyway.
Why?
That’s what my forthcoming book from
@UNC_Press
(Spring 2023) explores.
I’m thrilled today to share its cover.
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Of
#Kristallnacht
and
#MIGRATION
: a🧵
My dad asked to be buried with his passport.
This was the one wish he expressed after his cancer diagnosis in May. We honored it when we buried him at the end of September.
Passport in his inner jacket pocket.
Strange, no?
Let me explain.
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Well, we learned today that sources in the UNC System - including a member of the Board of Governors - *admitted* it was because of my expression.
UNC law professor Eric Muller thinks his public comments on matters of race, law and history at UNC are behind the fact that he wasn’t reappointed to the UNC Press Board.
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This hit me hard. The "Jewish shop" at that address was my great-uncle Leo's.
Leo was murdered in 1942, so nobody ever got to ask them about his experience of Kristallnacht.
Who would've imagined that, 85 years later, an old document would give me a glimpse? /end
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This is from the head of the Sons of Confederate Veterans. Note the last line.
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85 yrs ago this morning, the synagogue in the Bavarian spa town of Bad Kissingen looked like this.
By the following morning, it was a burned-out shell, and the Jewish men of the town, like my great-uncle Leopold, were under arrest.
It was the pogrom we know as
#Kristallnacht
. /1
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.
@UNC
's provost said today he was surprised by the resolution of the Board of Trustees creating a new school w/in the university on "civic life & leadership" - which the Board chair calls a "remedy" for the left-of-centerness of the faculty.
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Did you know the WWII Japanese American camps had law offices? Run by progressive white lawyers who saw the injustice of the camps & did their jobs anyway? On 7/15 @ 5 pm EDT, I'll introduce this untold, ethically complex story. Register via this page. /1
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It's a good thing knowledge of the branch of government is not an element of the offense!
#MensReaForDummies
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(2) the inclusion of *ethicists* in the core decision-making group, rather than just scientists and physicians, & (3) a program of testing *all* people as they return to campus, to find infected people & to establish a baseline of infection from which spread can be assessed. /2
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My parents took me and my brother to Berlin in the summer of 1972. I recently found these photos from that trip, and share them in anticipation of this week's anniversary of the falling of the
#BerlinWall
.
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In past 7 yrs, UNC System:
§ shut UNC Poverty Ctr b/c of the public views of its director Gene Nichol
§ gutted the Ctr for Civil Rights b/c of its work on behalf of poor & minority litigants
§ pushed back on tenure for
@nhannahjones
b/c of her account of slavery in US history...
In an email to campus, Chancellor
@KevinGuskiewicz
discusses the University’s role in defending academic freedom as a foundational responsibility
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The
#NikoleHannahJones
case, & my sacking by the
@UNC_System
Bd of Governors, are moments in a longer story of subordinating Black ppl & *ideas* about Black ppl at
@UNC
, writes
@GoSallyGreene
in
@TheAmScho
. An erudite, potent account of why this matters.
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@JoeHjelt
@TheAtlantic
If a federal grand jury were to indict him and he moved to dismiss the indictment on the strength of the pardon, I'd imagine the validity of the pardon would be a question that could validly be litigitated up the chain.
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You know who I feel saddest about right now? The
#UNC
first-year students. I remember my own first weeks of college--the anxiety and the homesickness. It was *hard*. I simply can't imagine what our more homesick and/or anxious students are feeling right now. We've betrayed them.
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A sorry story about the state of free speech at UNC:
In September a freelance writer interviewed me at length for a Carolina Alumni Review feature "about
#AcademicFreedom
and
#FreeSpeech
at
#UNC
, going beyond the
@NHannahJones
saga to explore larger issues." (freelancer's words)
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Eighty-three years ago tonight, at
#Kristallnacht
, my dad watched his dad get arrested by the Gestapo.
Six weeks ago, we buried my dad with his passport--at his request.
Would you take a moment to read this thread? It explains why.
& if you're so inclined, please share/retweet.
Of
#Kristallnacht
and
#MIGRATION
: a🧵
My dad asked to be buried with his passport.
This was the one wish he expressed after his cancer diagnosis in May. We honored it when we buried him at the end of September.
Passport in his inner jacket pocket.
Strange, no?
Let me explain.
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It says: "Finally, witness K, who owns a drugstore at Untere Marktstrasse 13, testifies truthfully that his father was asked from the street that night whether a shop window belonged to him. When his father said no (the window belonged to a Jewish shop), it was smashed in."
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My friend John Allore was struck and killed on his bike yesterday morning by a car moving in the same direction as he was. This is what the spot looks like.
45 mph speed limit. Not a hint of a shoulder.
OUR ROADS kill cyclists in places they have every right to be.
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Wow, this simple tweet is really making the rounds. Lots of retweets! Unexpected!
Would y'all consider retweeting? Thx!
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Here's a thing that I'm not sure it is fully enough understood at
@UNC
in this moment: we *will* lose many of our Black faculty colleagues and students. And find it *very* difficult to recruit others.
#SilentSham
#SilentSam
/1
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This
#UNC
email soliciting feedback on the campus response to the *last* shooting on campus arrived just as we received word of *another* armed and dangerous person on campus.
I'm locked down in my office, so I guess I have time to fill it out.
#ChapelHill
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We got our first Jewish Supreme Court Justice in North Carolina history yesterday and the occasion passed without comment (besides mine). While nationally it's no big deal, in our southern context it does seem worthy of at least some note, doesn't it?
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The week before the semester began at
#UNC
, the positive rate was just under 3%.
The first week of the semester, it jumped to over 13%.
The second week, it jumped to over 30%.
OVER THIRTY PERCENT.
There are people responsible for this.
And it's not the students.
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We put up with the business meetings on Yom Kippur & the crappy Publix "bagels" & casting a British-Irish woman as Midge Maisel so the least you could do is let the Jews jump the line at the Chinese restaurant on Christmas.
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Watch UNC provost express hope faculty "aligns itself" w/boards that shut Poverty Ctr & Ctr for Civil Rts, kept up Confederate monument, paid $2.5 mill. to neoconfederate grp, resisted tenure for
@nhannahjones
, & canned me for speaking abt law & race.
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"'The decision vindicates a strategy of applying careful, reasoned pressure to an injustice,' said UNC law professor Eric Muller, who’s been questioning the legality of the settlement from the beginning." /1
#SilentSham
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Just learned of the passing of US historian Roger Daniels at age 95. He was a towering figure, one of the small handful of historians who created the field of Asian American history. All my work has had his as a foundation.
A big loss.
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In 1950, the German government brought criminal charges against 14 Bad Kissingen men for the destruction of the synagogue. The judges acquitted 13 of them. They convicted just one, Emil Otto Walter, who was the local Nazi Party leader. /2
#Kristallnachtherdenking
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I am so exhausted from living in the version of the future where the Biff Tannens of the world aren't getting their comeuppance.
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From here on out at
@UNC
, distinguished professorships are available only to faculty in STEM fields.
And they save a special little kick for us at
@unc_law
and
@UNCHussman
(journalism).
Their pettiness knows no bounds.
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I only came across this court decision quite recently. It's a fascinating read, in part because the court summarized the testimony that had been offered against each of the defendants.
As I went through it, this passage stood out. /3
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... is that our Board of Trustees must have thought you were a more important audience than the university's faculty & students. And that's why they tipped you off while saying nothing to us.
Glad to have the chance to clarify this for you.
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We have reached the chapter of the dystopian novel in which Art Pope is appointed to the UNC System Board of Governors.
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@OrinKerr
@AshaRangappa_
@JimLHorn1
@4everNeverTrump
@YaleLawSch
@Harvard_Law
Isn't this an opportune moment for leaders of the nation's law schools to make a statement--individually or collectively--condemning the most intense efforts to undermine the rule of law any of us has seen in our lifetimes? Without naming individual alums? It's one thing ...
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Leadership at
@UNC
has seen internal projections of 850 to 1650 covid infections PER DAY??? And they're moving forward w/normal resumption of classes anyway? And not disclosing these projections to us on campus?
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This should come as a surprise to ... no one. All but one of the shots came as Brown was driving *away*. The "use of the car as a deadly weapon" was Brown pulling out to get away.
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@neal_katyal
@MichaelSteele
@TheBeatWithAri
@MSNBC
This is called dehumanization.
Its tolerance, even acceptance, by ordinary G̶e̶r̶m̶a̶n̶s̶ Americans is a big step along a road to worse places.
I do not recognize my country.
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@EdWhelanEPPC
Come on, Ed.
(1) Brennan reported the gifts. One of them he didn't have to report yet, but accelerated declaring.
(2) You don't mention that $60K of the $140K came AFTER HE RETIRED.
(2) The gifts before retirement came w/in 6 mos. of retirement. Most of them w/in 2 mos.
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@united
@USAnonymous
Obviously the passenger did not choose the "assault-free" option ($35) when buying his ticket.
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In this case, as in that one, I'm sure there's some pretext at the ready, one best appreciated in the glow of a gaslight.
/end
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History's rhyming at
#OleMiss
with the apparently politically motivated firing of
@garrett_felber
, a scholar of race & incarceration. 60 years ago they sent lawprof Bill Murphy packing for defending school desegregation & the
@ACLU
.
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@JonathanTurley
I understood that you weren't actually arguing that the Bidens have criminal genes.
But I don't understand what you *were* suggesting.
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@gtconway3d
Ah, but the original public meaning of "offenses against the United States" includes offenses against any of "𝔱𝔥𝔢 𝔱𝔥𝔦𝔯𝔱𝔢𝔢𝔫 𝔣𝔬𝔯𝔪𝔢𝔯 𝔠𝔬𝔩𝔬𝔫𝔢𝔶𝔰 𝔩𝔬𝔫𝔢 𝔞𝔫𝔡 𝔰𝔢𝔳𝔢𝔯𝔞𝔩𝔩𝔶".
There's a good piece on this coming out in Pepperdine.
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So heartening to see a big turnout - in the rain! - at the
@UNC
protest of the refusal of tenure to
#nikolehannahjones
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If there's a nat'l award for university-level student journalism,
@bycharliemcgee
and
@dailytarheel
should be the odds-on favorites for their investigative work on the Silent Sam settlement at UNC. They've been game-changers.
**retweet if you agree**
@BGrueskin
@LisaArmstrong
The UNC System paid the Sons of Confederate Veterans $74,999 in an agreement $1 short of needing state approval. Both parties have been hiding the deal's larger purpose -- to facilitate a third-party payoff crucial in a larger plot of legal collusion:
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@JeremyTate41
This will produce citizen-scholars poised to contribute meaningfully to the early-19th-century debate about the spread of slavery to the western territories.
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I am touched by this resolution by the Undergrad Senate at
@UNC
protesting the
@UNC_System
Board's rejection of my reappointment to the
@UNC_Press
Board of Governors on ideological grounds. Touched... and *surprised*, as these are undergrads & I teach mostly law students. 🙏🙏
Last night, UNC-CH's Undergraduate Senate adopted a resolution addressed to the UNC System Board of Governors concerning their failure to reappoint Prof. Eric Muller (
@elmunc
) to the UNC Press Board; read it here
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§ booted me off UNC Press's governing board, which I chaired, b/c of my public views
§ suffered censure by the
@AAUP
for violations of academic freedom due to partisan political control
It's in this context that we must understand the current call for respect for free speech.
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Congratulations to
#nikolehannahjones
on tenure! And thanks to the Board of Trustees for doing your duty and acting on the case. And congratulations to all in the community who pressed the Board to do just that.
Board takes public vote. 9-4 for approval of tenure for Nikole Hannah-Jones.
#ncpol
#unc
#NikoleHannahJones
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@RubleHistory
you did your undergrad at Panera?
(sorry, it was too tempting) 😁
Congratulations on the book!
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Coming out of mtg abt the univ's developing plan for campus-based instruction, I'm struck by its relentless optimism. At each point where technology can work or fail, it'll work. Each time people can adhere to safety rules or break 'em, they'll adhere. Life doesn't work like that
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@allinwithchris
@ForwardCarolina
@chrislhayes
@JeffJacksonNC
I had the good fortune to have Jeff as a student in law school years ago. If you didn't know he was going places back then, you weren't paying attention. Genuinely smart. Genuinely caring.
Just genuine.
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@aaronsibarium
@WilliamBraff
Alum here, and I'd like to offer a correction to your tweet.
The purest distillation is that the YLS student scrawled this *anonymously* so as not to undermine their chances for a Supreme Court clerkship.
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@AdamMortara
"Judges don’t let you put up the red light when you don’t want to answer."
That's because it's ... not a courtroom. It's a classroom.
Judges also don't let you raise your hand while they're talking. Or walk up to them without first asking permission.
Teachers do.
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Don't be fooled: there is no 90-day deadline for reinstalling
#SilentSam
.
@Move_Silent_Sam
@RealSilentSam
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When my dad told me the one thing he wanted to be buried with was his passport, he was smiling.
I figured he was just playing with the absurdity of the idea.
Smiling back, I said, “Your passport, Dad? Do you really think you’ll need that where you’ll be?”
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Those following the efforts of the
@UNC_System
Bd of Governors to drive me off the Board of Governors of the
@UNC_Press
will be interested in this letter of resignation I sent to the Director & Vice Chair of the Press this afternoon.
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