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emptywheel @emptywheel Somewhere in Ireland

Abundant tweets about civil liberties & national security *** "You're like a human Westlaw” *** She/her *** Legendary potty mouth *** 🗽

4,465 Following   234,326 Followers   282,739 Tweets

Joined Twitter 8/25/08


@dragnetizen @AllMattNYT @julianbarnes Ah thanks. Raises even more questions.New U.S.P.S rules force mail carriers, truck drivers to leave without all the day’s mail, delaying deliveries, unio… https://t.co/2b48r0DwNy
Retweeted by emptywheelCoincidentally, these are the exact same odds as in our final forecast in 2016!!! (Clinton 71%, Trump 29%) As wa… https://t.co/7u2PEZyuU0
Retweeted by emptywheel @AllMattNYT @julianbarnes Q: Is there any confirmation that these protestors were actually part of the real protest… https://t.co/WT9yyrslkvCillizza is trying to figure out what destroyed punditry, y'all. https://t.co/3nxrqfg7tK
8/12
2020
Let me start the campaign today-- @RepKatiePorter to fill Kamala Harris' senate seat!
Retweeted by emptywheelCon: Biden picked someone who will protect the banks. Pro: Biden picked someone who'll kick Trump's ass. Eh. @jentaub @jgeltzer 20/ This questioning by Judge Millett shows the virtues of this "Covid" approach to oral argumen… https://t.co/i1P5buae7S
Retweeted by emptywheelJeff Wall: It Would Cause Attorney General Barr Irreparable Harm If He Had to Reveal His Secret Reason He Moved to… https://t.co/iGa1aNpmWUJeff Wall: It Would Cause Attorney General Barr Irreparable Harm If He Had to Reveal His Secret Reason He Moved to… https://t.co/ZVcrQkoHZc @joshgerstein @joeldbloom @sfoguj Why MUST that be true? That presumes a regularity not in evidence. @joke2power Because the public understanding of this case is wrong, based off lots of propaganda. @jgeltzer @jentaub @neal_katyal I don't think that's the only reason he wants a hearing. The stated reasons (multip… https://t.co/5fhdtAJb1l @sfoguj And also in a case before SDNY. They were happy to answer questions. @emptywheel When they claimed classified reasons to dismiss against Concord Management, they said so and made an ex… https://t.co/sy0LGzp431
Retweeted by emptywheelWall doesn't want to put in any evidence, but IN THIS HEARING he submitted new evidence, that Billy Barr had a secr… https://t.co/4tZFk8ilwtWall: Factual factual factual. Before the panel, Counsel backed away from factual development. Counsel seems to be… https://t.co/m2ahx8zcchPowell implies her team has put in 1000 defense hours in the petition for en banc stage. Admittedly, she seemed u… https://t.co/PGFsuqcKogPowell" He's been through this for four years for now, had to sell his house* been called a traitor for no reason.*… https://t.co/ddd7htD4fGPowell: These are completely unprecedented proceedings, they should never have happened, Usurp usurp usurp usurp.Powell: Criminal case in which man's entire life has been consumed that Exec has determined should never have been… https://t.co/qrwurEqG9BWilkinson risks pissing off Millett's concern on civil liberties. Wilkinson: Flynn could have made expediting arg… https://t.co/qX3AahSc6rMillett: Why can't separation of powers be raised by defendant? Wilkinson: Incarcerated defendant could claim irr… https://t.co/i5mOsXcG8BNote how Jordan equates PERMITTING people to vote from the safety of their own homes with NOT PERMITTING people to… https://t.co/rTQYMdZCNRGriffith: What would be permissible questioning? Wilkinson: There are still surreplies to come. If you start wher… https://t.co/FDcixcszHUWilkinson: Whether any instructions necessary for district court, so much briefing that has been instructive abt Ru… https://t.co/29jx1jDbPoRogers: You heard SG asking for instructions. A) Some aspects of record have not been fully appreciated, 2) Concern… https://t.co/oIV4zF4x2oHenderson was prepped to get Wilkinson to say Sullivan was not a party. She'll write a dissent on that.Henderson: Why Rule 35 allows him w/o any invitation from us to petition. Wilkinson, My understanding is Hender… https://t.co/qzPu2oUQJbHenderson: Trial judge was ordered not to defend any action by 3-judge panel, file a response, at our invitation.Rao seems unaware that YES THERE IS A RULE on Mandamus that if there's an alternate means of relief.Rao: Presumption of regularity. Govt has presented a lot of information about irregular behavior, reason to want to… https://t.co/QBOW5fse3FRao: Can judges in other cases file to ask that we rule en banc? Wilkinson: The court was ordered [BY YOU!!!] to respond below.Wilkinson: There are cases where District Judge moved for cert. There's not a vindication of any right. Panel made… https://t.co/EIcVAZAlIVRao: Can judges litigate? What is the judge's interest? Wilkinson: This court made him a respondent. The court ord… https://t.co/Exv2DB3hLxRao: What is the District Judge seeking to vindicate. [Rao basically waving a sign saying, "I don't understand rul… https://t.co/DE71UKfI4eRao: Maybe you can help me understand what precisely District Judge's interest is in rehearing? [Unclear on concept of public interest.]Wilkins: Range of public interest factors that district judge can properly consider? Wilkinson: A court cannot se… https://t.co/x8NCk357CLWilkinson: That's never been an example of irreperable harm, that when someone has been able to travel overseas. Th… https://t.co/zoQ5EMefj4Millett: I can't imagine keeping someone incarcerated for a few more months. Is this as fast as possible? 7 weeks.… https://t.co/3P0XglFmogMillett: Can judge wait 7 weeks before letting someone out of custody? Wilkinson: That happens all the time at the… https://t.co/9VUp4eTkObWilksinson, They chose to give explanation, they chose to make 17 page response. They didn't say this was injury to… https://t.co/KPbPSNJ6mO @getyrtrouserson @joshtpm But this poll includes CA, and a poll w/o CA would look very different.Wilkinson: I don't think it's clear and indisputable that's inappropriate. Looking and asking questions of the govt… https://t.co/D5aaN0M1RPMillett: I've been off for about 5 minutes, if I ask something already asked tell me to read the transcript. If D… https://t.co/PcvOa7Axe5Pillon: If judge said I want a new in depth fact-finding hearing, different Q if there's a clear and indisputable r… https://t.co/I6Hmb3UPEyWilkinson: In RE Aikan, this court gave multiple opportunities to act, their refusal to act was considered an actio… https://t.co/FMCML7jhyQPillard: Alternative remedy if JUdge denied or postpone? Wilkinson: Once decision is made, parties could appeal.Pillard: On Mandamus standard, could decide alternative remedies, no clear and indisputable right, which is narrowe… https://t.co/NiFLbQ9u8MGriffith: Why appoint Gleeson? Wilkinson: Court looking for opposite viewpoint, full adversarial briefing, fact tha… https://t.co/73OUOfJ9HYGriffith: If earlier in a proceeding, judge denies MTD, what then? Would it be inappropriate for Judicial to compel… https://t.co/3yiMULd8fTFTW, I was among those who got booted along with Wilkinson, which I guess is some kind of badge of honor.Griffith: Is 48A limited to protecting defendants. Wilkinson: Much debate, most focused on protecting public intere… https://t.co/rDlzx2Vub2Griffith: Maybe you should tell us what will be pursued? Wilkinson: I can't. One example, issue raised abt Acting U… https://t.co/x1fUXejw4EShorter Wilkinson: Wall made up what Sullivan was going to do.Wilkinson calls Wall on falsely claiming that bc Sullivan NOTED that there were no declarations to support the MTD… https://t.co/gRZ7w6xvZEIt sounds like Garland is on the stairmaster or something. I guess he's trying to stay healthy for his eventual SCOTUS confirmation.THE FUCKING MOTION TO DISMISS SAYS JUDGE HAS DISCRETION. IF DOJ IS WRONG ON THAT THROW OUT THE WHOLE DAMN MTD.Q (Tatel?): Does judge have discretion? If it doesn't I don't understand purpose of hearing. THE ATTORNEY GENERAL… https://t.co/zXFqwouiyjRogers: Your reading of Cheney is absent elements that SCOTUS would not have ruled as it did? Some of language in C… https://t.co/89GO8lpvzLWilkinson: Govt HAS answered questions already. I think govt misspoke when they said not going to answer 70-page br… https://t.co/9XivvJIO54Wilkinson: Cheney different bc Judge DID issue an order and give judge a chance to reconsider.Srinivasan: Nothing judge could ask, bc govt always has remedy, can decline to answer. What do you do w/SG's discussion of Cheney?Wilkinson: DC might say, You're right, I'm not going to do that. Judge could accept their answer and move on.Srinivasan: Anything a judge can do in terms of setting out what judge wants to hear further that would entitle man… https://t.co/YKtPq74cStWilkinson: Nor can govt, which did not petition for mandamus, show harm. Relied on speculation. Sullivan is not a p… https://t.co/dq42s2hJSRWilkinson: Mandamus unwarranted when Judge has yet to make a decision.Wall: How far away we are from bribery in front of judge. Also Wall: But if we had to do a hearing where it might… https://t.co/QYZq9PrpV8HAHAHAHA. Wall now saying there are other ways to deal with bribery. But doesn't much give a fuck about other wa… https://t.co/dMh4UCaxlFWilkins: Why isn't it proper interpretation of 48A and 44B in Millett's hypothetical, if judge finds a bribe in her… https://t.co/zKSlA2qkVEReminder: Billy Barr has said judge has discretion. @SecStateJohnHay Under oath, yes. And USG has affirmatively said in the case there was no abuse.Wall: I'm not saying it doesn't involved judicial integrity,Pillard is basically defending judicial integrity and Wall thinks judicial integrity has to bow to Exec.Wall is arguing that a judge is helpless at preventing rampant bribery in her courtroom.THE GOVT DOESN'T CLAIM THERE'S A BRADY VIOLATION.Millett corrects Wall by saying that a bribe IN THE COURTROOM wouldn't matter pre-plea.Millett cites Fokker that says a judge does not have to accept something that's a mocker of judicial power.Note: There also was no affidavit here.Millett: Your position is ASKING THE QUESTION is the Constitutional violation. Little surprised abt lying to court.… https://t.co/DLt5Bn6kEWWall: I think that the process itself is harmful. You could stand there and create record on your silence. [Trust… https://t.co/TfnMnDmlfxClearview AI's new lawyer Floyd Abrams has been working on free speech law for decades, dating back to the Pentagon… https://t.co/RkQqR6g2Lc
Retweeted by emptywheelMillett: There's that compels you to turn over documents. Why isn't that?Millett: Follow up on Griffith, in other criminal cases, and Cheney wasn't a criminal case. When I try to understan… https://t.co/meyqFJT7yVNow Wall is worried about a spectacle. You know. A guy working for Trump.Griffith: SoP, but help me understand, how is it to breach SoP for the govt to ask questions? Why can't govt object… https://t.co/K7lvyodExKWall: Separation of Powers doesn't require courts to stop injuries, but it does prevent courts from injuring Exec.Ultimately, Wall is arguing that all Separate Pigs Of Power are Equal, But the Executive Is More Equal.Basically, Wall is saying you can unbuild a wall w/o injury but you can't unhear a hearing.Wall: IN YOUR HYPOTHETICAL YOU CAN PAY BACK MONEY.Garland: I',m giving you the hypothetical that Constitution says Congress decides on spending. And Exec says I'll d… https://t.co/J1qVCIeeLZWall tries to dodge another ACTIVE separation of powers claim, pretending he doesn't know what JUST happened in. th… https://t.co/uDmYlJf4d8Garland: How do we draw a line bt this leading to Mandamus, and others. A lot of Sep of P that challenge actions of… https://t.co/Z0DcJHu0nnWall just did something crazyass applying pre-plea to post-plea. I can't even write it up.Wall is not answering Tatel's question. Wall; It would have been harder case if there had been no hearing, once i… https://t.co/xFTOuEE87YTatel: What's your very very best argument. [Bc the argument so far sucks?]Everyone always threats contempt as ONLY about hsi guilty pleas. It's not. Flynn's sworn statements also conflict on Turkey.Wall: Altho it's not our goose being cooked, not uncommon for defendant to withdraw his plea. [HOLY HELL SG IS ARGUING FOR DEFENDANTS]Srinivasan gets back in the record that govt relying on case where ruling already issued. Henderson: Contempt for… https://t.co/pvWjiRFI6cWall; I understand that skepticism on court bc appeal is not going to be adequate remedy. at least it needs to plac… https://t.co/kkw28vSnZb
8/11
2020

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