Neal Katyal
@neal_katyal
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Supreme Ct lawyer;law professor;extremist centrist. Former US Acting Solicitor General. New podcast Courtside @
WashDC TEDTalk: bit.ly/2ZxVJt9
Joined September 2016
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This is among the kindest and most generous things anyone has ever said to me. But the truth is behind every big oral argument at the US Supreme Court in a case like
#MoorevHarper
is an army of people. And I had the single best army assembled, ever.
Let me correct the record below and say that I told
@neal_katyal
yesterday after we left the Court that his was the single best oral argument I have ever heard made before the Supreme Court of the United States. He was masterful!
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Gonna be very weird if Supreme Court ends a constitutional right to obtain an abortion next week, saying it should be left to the States to decide, right after it just imposed a constitutional right to concealed carry of firearms, saying it cannot be left to the States to decide
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So
@msnbc
has just reported that Speaker Pelosi has told Pence, invoke 25th Amendment or we will take up impeachment.
Exactly right.
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Call me conservative, but I prefer Presidents who don’t have to flee the jurisdiction if they lose a re-election campaign.
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Trump just lost in Pennsylvania Supreme Court. Again. This is just embarrassing. I've never ever seen someone lose more so fast.
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Huge loss for Trump in the big federal court challenge. Scathing opinion. Calls it meritless. This thing is way over.
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Donald trump treated the debate rules the way he treated the tax code.
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9 - 0. Not a single vote for Trump. Not one.
Hugo Chavez has quite a reach.
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I have known
@jaketapper
since I was 17 years old. In the more than 12,000 days since I first met him, never prouder of him than this moment. Right here. Watch it, with sound on. It's everything.
CNN’s
@jaketapper
: “Sick and in isolation, Mr. President, you have become a symbol of your own failures. Failures of recklessness, ignorance, arrogance. The same failures you have been inflicting on the rest of us ... Get well and get it together"
#CNNSOTU
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OMG. Judge just now asks Giuliani and other Trump lawyers "you are asking me to throw out" many thousands of votes, "can you tell me how this result can even possibly be justified?" After a long pause, Giuliani...does not answer the question. Just repeats his fraud allegations
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Supreme Court just denied hearing Trump’s appeal in US v California, challenging California’s sanctuary laws.
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Is there anyone in Trump’s inner circle from his 2016 campaign who has NOT been indicted?
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I will never understand how the media has normalized a sitting President who has lost by more than 5 million popular votes, and an electoral vote of 306-232, not conceding, or at least directing GSA and others to begin transition. That's the fake news.
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Can’t indict a sitting President but you can indict an ex-one.
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Trump taxes dominates headlines, but don't forget impt other case
"The Supreme Court...ruled by a 5-4 margin that nearly half of Oklahoma is an Indian reservation...The decision was potentially one of the most consequential legal victories for Native Americans in decades. 1/2
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This special master opinion is so bad it’s hard to know where to begin:
1. She says Biden hasn’t weighed in on whether docs protected by Exec Privilege. Nonsense. The archives letter (which DOJ submitted to the Judge) makes it clear current President thinks none of this ...
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If Trump is acquitted, he can call on foreign govts tomorrow to investigate every Democrat in our nation (and do so in secret). He can ask DOJ to target every Democrat as well, too. And his legal argument,voiced by his lawyer,is that there is nothing wrong with this. Buyer beware
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Given the Supreme Court rulings today, I expect to hear shortly that the caravan is back
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The US Court of Appeals has totally destroyed Trump's claims in Pennsylvania. The opinion, written by Trump appointee Steve Bibas, is devastating. It didn't even bother holding oral argument, saying the "claims have no merit."
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I think I’m a pretty good lawyer and can defend a lot, but I have no idea how I could defend Trump given the testimony today.
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Right now i think I’ve never seen a better debate performance anywhere than
@KamalaHarris
tonight. Breathtaking
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It is unfathomable to me that a President of the United States would retweet this. Literally unfathomable. It would be outrageous for even a member of a local city council, let alone from the person who is to Take Care that the Laws be Faithfully Executed.
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Bizarre to see Trump & Co. all shocked about losing the election, when these are the same people who broke a Supreme Court confirmation process and rushed a nominee through in record time because they thought they would...lose the election.
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The US Court of Appeals has rightly decided 8-2 against Michael Flynn trying to immediately dismiss his convictions (after pleading guilty to them). It’s an important step in defending the rule of law.
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Search of Trump abusive? Law enforcement leaves a copy of the search warrant, which itemizes what they are looking for and what laws were violated
If Trump/RNC think this search signed off on by a fed judge is abusive & they have nothing to hide,release the warrant to the public
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Bill Barr Tests Negative for Integrity | The New Yorker
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Congratulations Donald Trump. You are the only President in our history be impeached twice.
You deserve it.
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Folks are asking what Justice Alito was saying. He is saying he thinks Texas has the right to file papers but that it wouldn’t matter because if they did he wouldn’t rule for them anyway.
It is a strong 9-0 loss for Trump. It’s impossible to lose more.
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Something has gone very, very wrong when it's easier to get hold of Alex Jones's text messages than texts from federal agencies (Secret Service, DOD, Homeland Security) who are legally required to preserve them.
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Just a reminder that federal criminal indictments come from the U.S. Justice Department and do not need the approval in any way of the United States Senate.
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These are two of the best political speeches I’ve ever seen.
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Don't forget. NY DA has Trump's tax returns. He lost his fight to keep them secret in the Supreme Court 9-0.
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They did. You blocked the witnesses and documents.
“Look, the House is supposed to do all of this work on witnesses and documents BEFORE they send the articles over to the Senate, not to call in new witnesses, go through new documents - that work is supposed to be done in the House.”
@KatiePavlich
@foxandfriends
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Justice Ginsburg was an American hero. The best of the best.
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Don’t stop with the bridge. We need the John Lewis Voting Rights Act of 2020.
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When I was growing up, I hid Diwali from my classmates. No one knew what it was. Now it is being celebrated at
@VP
house, with our first South Asian+African-American VP. Beyond my wildest dreams. Thx to Venk Modur and Shashank K. Gupta the brilliant designer of my outfit.
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Impt note on future: If the Senate doesn’t vote to convict Trump, or tries to monkey w his trial, he could of course be retried in the new Senate should he win re-election. Double jeopardy protections do not apply. And Senators voting on impeachment in the next months know this.
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It's not just that he stole the docs. And it's not just that he lied about them. It’s that every fact we learn makes it worse and worse
First, it was maybe some docs at Mar a Lago
Then, we learned was highly classified docs
Then we learned was human source info/electronic
1/3
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Make no mistake about it: the Trump Administration just asked the Supreme Court to gut all of the Affordable Care Act, and its insurance&protections for those with preexisting conditions. They absolutely didn't have to file such an absurd brief. They want to take it away from you
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Trump’s allies are right to say he has faced differential treatment from the FBI.
He’s been treated better. If you or I were hanging on to classified documents about nuclear weapons, I don’t think the feds would send a subpoena and wait 2 months before knocking on our doors
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My god, in the Trump Special Master appeal, I don't think I've ever heard an oral argument go worse for a litigant. The panel is 3 judges (all who happen to be appointed by Trump), and they are demolishing Trump's lawyer. It's not close.
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The last few days are not different than the last years of the Trump presidency. It’s just that he is suffering some of the consequences, instead of just the rest of us.
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Over the last 2 weeks, Trump & Co. has literally been the best advertisement for the the John Lewis Voting Rights Act imaginable.
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Impt point being made by
@JoyAnnReid
right now on
@msnbc
: That it's a massive strength, not a weakness, that
@JoeBiden
picked someone who challenged him and went after him in the debates.
Quite a contrast with
@realDonaldTrump
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This was definitely worth an unplanned surprise hearing. My god.
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I’ve never seen a federal judge say this about a sitting Attorney General. Ever.
Just Now: Seasoned judge, appointed by Republican president, says AG Barr's credibility is in doubt. Walton argues the way Barr spun Mueller investigation appeared "calculated" to help
@realdonaldtrump
and hurts DOJ credibility too.
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My heart tells me that we are steps away from this long national nightmare being over.
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Anyone who doubts why cameras are so important in federal courtrooms should watch this. The monstrosity of the Trump Administration reeks with every spoken line and a cold transcript can never capture it.
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This will be the most significant trial in our lifetimes. There will be so much disinformation and spinning. And so much that will go to the heart of who we are as a people.
All Americans should be able to see the trial for themselves. It absolutely must be televised. I very…
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Trump has lost his case against Cy Vance in federal district court, trying to block the subpoena. More details to come.
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Is he delaying the tests so he can sign his name to them?
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I think Trump is confusing the Electoral College with Trump University.
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Just coming out of court. Read Mueller’s statement. Make no mistake: this is ultimately about violation of the most core duty a President has, to take care to faithfullly execute the laws. This is about fitness for office and impeachment.
Congress, your ball. Your duty.
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It's hard to listen to Ambassador Taylor and George Kent and not feel teary. This is the American government I have always known, chock full of people like this who forgo private opportunities because they believe in what America is all about. It's that promise that ...
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Why do we have to wait more than 6 weeks for answers? If DOJ doesn’t provide them soon, the House should defund various DOJ appropriations.
NEW: House Judiciary announces that AG Barr will appear before the committee on March 31 to talk about Roger Stone case, the Giuliani "process" and the removal U.S. Attorney Jessie Liu
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This is going to be huge. DOJ& Admin are contorting themselves backwards to try to hide this. Truth will come out. There are probably tapes and transcripts documenting a gross abuse of power by Trump. Gonna be ugly.And enablers should all face consequences
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The Chief of Staff to the President ... sought a pardon from the President.
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Jim Jordan says Dems are afraid to hear from the one person who started all of this.
Um, we’d love to hear from Trump.
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This is the best thing I've read about The Retweet. (My,
@TheAtlantic
is on quite a roll.) "[T]his presidency shames and disgraces the office every minute of every hour of every day."
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These lines to vote in California are criminal. It's outrageous that voting takes this much time--taking people away from their jobs and families for so long. Anyone who believes in democracy+the promises of our Founders should condemn practices&policies that produce this result.
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"Let me assure you, the Department will not tolerate any act of retaliation or reprisal against" Col. Vindman.
It was on official Pentagon letterhead and everything. And it wasn't that long ago.
Maybe it was... satire?
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Donald Trump's lawyer says he wants the January 6 trial to be televised. Excellent. Let's do this and show the world what American justice looks like.
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This ad. Wow.
One of the most effective political ads I’ve ever seen.
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Imagine if 2 people borrowed library books and didn’t return them. 1 forgot about the book, finds it a couple years later, and then immediately gives it back.
The other person knowingly takes the books & refuses to give it back when the library sends request after request for it
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Being told Wayne County has reversed its prior lawless decision and has certified the results.
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This is from the Chair of the Federal Election Commission.
I hope you’ve been hacked,
@GovMikeHuckabee
. Trying to undermine the faith of the American people in our democracy with this baseless voter-fraud nonsense? Publicly confessing to committing felony violations of AR Code §§7-1-104(a)(11)-(12)?
Not funny. Not cool. Appalling.
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Trump facing a criminal trial on March 25 is significant. To understand, review the bidding.
First, before Trump was President, he hid his payments (the hush money) to avoid a criminal indictment then.
Second, he then became President, and said he couldn’t be indicted for his…
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Um, no wonder Trump has tried to block every document from being released to the American people.
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Not. Fit. To. Be. President.
EXCLUSIVE: Pres. Trump tells
@GStephanopoulos
he wouldn't necessarily alert the FBI if approached by foreign figures with information on his 2020 opponent: "It’s not an interference. They have information. I think I’d take it."
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I strongly hope the news about the President's health is true & he's recovering. I look forward to watching him get crushed on Nov.3 by the will of the People, and to all the criminal + civil actions that have been long delayed but that will invariably follow. Justice is coming
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That’s just a few of many more problems. Frankly, any of my first year law students would have written a better opinion.
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These people will protect a statue of Robert E. Lee faster and far more intensely than they will protect the podium in the U.S. Capitol.
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This is so awesome. Trump’s lawyers incompetence overwhelmed Trump’s corruption, so now pardons for Manafort etc not enough to prevent their prosecution.
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CNN's
@JeffreyToobin
gets it exactly right: This is the first time in our lives that a President's own DOJ -- not some special prosecutor -- is pointing the finger at the President and saying he has directed a felony.
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My 87-ish year old mom going out to party tonight as RBG.
Meanwhile I’m at my desk reading RBG opinions prepping for oral argument in my death penalty case Tuesday.
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THREAD. I’ve read the Sondland Testimony, and boy is it devastating to Trump. Remember, this is the one guy Trump pointed to to exonerate him. Excerpts and quick analysis below.
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This is meta: “But the president stumbled [reading the Constitution], trying to get out the words...The cameraman tried to calm Trump, telling him it was no big deal, to take a moment...Trump tried again, but again remarked, “It’s like a foreign language”
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Amazing that Trump lawyer Seukulow starts w/complaint Mueller cost $34mil& holds up Vol 1 of Report concluding Trump didn't collude
Sekulow must have forgot to tell us about vol 2, which found 10 instances of Trump obstructing justice. Those allegations v similar to those here
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This is the textbook definition of an impeachable offense, and the White House Chief of Staff has just admitted it.
Mulvaney concedes that Trump’s desire to investigate “DNC server” was part of the reason Ukraine aide was held up
reporter: so it was a quid pro quo
Mulvaney: we do that all the time. get over it. politics is going to be involved in foreign policy. elections have consequences
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NYT tax story has many serious political implications for Trump, but deep legal ones. It's not the millions he may owe for cheating on his taxes, the scarier issue is intersection w/NY investigation--if he's inflating assets in some papers& filing this stuff, potentially criminal
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This is a striking footnote. It’s raising seriously the possibility of criminal liability when Trump leaves office. Amazing.
#AlwaysReadTheFootnotes
MUELLER, p. 390, footnote 1991: "A possible remedy through impeachment for abuses of power would not substitute for potential criminal liability after a President leaves office."
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I hadn’t realized until now that the House warned about Cippilone 10 days ago. “You may be a material witness to the charges against President Trump, even though you are also his advocate," the House's seven impeachment managers wrote in a letter to Cipollone...
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The Georgia Indictments say there were zero "no bills." That means that the Grand Jury decided to indict in all cases that the DA (the prosecutor) sought. This is very very bad news for Trump, and likely others in his circle.
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Lin Wood’s greatest accomplishment is making Sidney Powell and Rudy Giuliani look like the sane ones.
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Our first female Vice President.
Our first black Vice President.
Our first South Asian Vice President.
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I look forward to the day when Col. Vindman returns to the National Security Council and serves our nation there again. It will happen, and this lawless retaliation will get the condemnation it deserves.
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Ask yourself 1 question: in a world where
1) 75% of Americans want to hear witnesses,
2) President’s own top guy John Bolton says he’s got impt info showing Trump lying, AND
3) Senate controlled by Rs AND
4) needs 2/3 vote to convict, why are Trump and Rs so afraid of witnesses?
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Dear Criminal Defendant Clark:
I am a Hindu. Are you suggesting I do not belong in this country?
You might be better off studying our Founders, the text of our First Amendment, and (albeit for other reasons), the Criminal Code.
I sincerely wish you the best,
Neal
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Want a great succinct answer to the absurd White House letter today stonewalling Congress on the impeachment inquiry?
It's all right here, 45 seconds long.
Oh, yeah, it's by
@LindseyGrahamSC
Lindsey Graham: A president who doesn't comply with Congressional requests for information is subject to impeachment.
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Even though this Judge’s Order appointing a special master won’t stop the very serious Trump stolen docs investigation, having been the decider of whether DOJ should appeal various cases in the past, I think DOJ has to appeal here. Sets a terrible precedent. That’s what I’d do
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