Skip to content
By using Twitter’s services you agree to our Cookies Use. We and our partners operate globally and use cookies, including for analytics, personalisation, and ads.
  • Home Home Home, current page.
  • About

Saved searches

  • Remove
  • In this conversation
    Verified accountProtected Tweets @
Suggested users
  • Verified accountProtected Tweets @
  • Verified accountProtected Tweets @
  • Language: English
    • Bahasa Indonesia
    • Bahasa Melayu
    • Català
    • Čeština
    • Dansk
    • Deutsch
    • English UK
    • Español
    • Filipino
    • Français
    • Hrvatski
    • Italiano
    • Magyar
    • Nederlands
    • Norsk
    • Polski
    • Português
    • Română
    • Slovenčina
    • Suomi
    • Svenska
    • Tiếng Việt
    • Türkçe
    • Ελληνικά
    • Български език
    • Русский
    • Српски
    • Українська мова
    • עִבְרִית
    • العربية
    • فارسی
    • मराठी
    • हिन्दी
    • বাংলা
    • ગુજરાતી
    • தமிழ்
    • ಕನ್ನಡ
    • ภาษาไทย
    • 한국어
    • 日本語
    • 简体中文
    • 繁體中文
  • Have an account? Log in
    Have an account?
    · Forgot password?

    New to Twitter?
    Sign up
benjaminwittes's profile
Benjamin Wittes
Benjamin Wittes
Benjamin Wittes
Verified account
@benjaminwittes

Tweets

Benjamin WittesVerified account

@benjaminwittes

Senior Fellow at the @BrookingsInst. Editor in Chief of @lawfareblog. Law Analyst for @nbcnews and @msnbc. I will block you.

Washington DC
benjaminwittes.com
Joined September 2010

Tweets

  • © 2020 Twitter
  • About
  • Help Center
  • Terms
  • Privacy policy
  • Cookies
  • Ads info
Dismiss
Previous
Next

Go to a person's profile

Saved searches

  • Remove
  • In this conversation
    Verified accountProtected Tweets @
Suggested users
  • Verified accountProtected Tweets @
  • Verified accountProtected Tweets @

Promote this Tweet

Block

  • Tweet with a location

    You can add location information to your Tweets, such as your city or precise location, from the web and via third-party applications. You always have the option to delete your Tweet location history. Learn more

    Your lists

    Create a new list


    Under 100 characters, optional

    Privacy

    Copy link to Tweet

    Embed this Tweet

    Embed this Video

    Add this Tweet to your website by copying the code below. Learn more

    Add this video to your website by copying the code below. Learn more

    Hmm, there was a problem reaching the server.

    By embedding Twitter content in your website or app, you are agreeing to the Twitter Developer Agreement and Developer Policy.

    Preview

    Why you're seeing this ad

    Log in to Twitter

    · Forgot password?
    Don't have an account? Sign up »

    Sign up for Twitter

    Not on Twitter? Sign up, tune into the things you care about, and get updates as they happen.

    Sign up
    Have an account? Log in »

    Two-way (sending and receiving) short codes:

    Country Code For customers of
    United States 40404 (any)
    Canada 21212 (any)
    United Kingdom 86444 Vodafone, Orange, 3, O2
    Brazil 40404 Nextel, TIM
    Haiti 40404 Digicel, Voila
    Ireland 51210 Vodafone, O2
    India 53000 Bharti Airtel, Videocon, Reliance
    Indonesia 89887 AXIS, 3, Telkomsel, Indosat, XL Axiata
    Italy 4880804 Wind
    3424486444 Vodafone
    » See SMS short codes for other countries

    Confirmation

     

    Welcome home!

    This timeline is where you’ll spend most of your time, getting instant updates about what matters to you.

    Tweets not working for you?

    Hover over the profile pic and click the Following button to unfollow any account.

    Say a lot with a little

    When you see a Tweet you love, tap the heart — it lets the person who wrote it know you shared the love.

    Spread the word

    The fastest way to share someone else’s Tweet with your followers is with a Retweet. Tap the icon to send it instantly.

    Join the conversation

    Add your thoughts about any Tweet with a Reply. Find a topic you’re passionate about, and jump right in.

    Learn the latest

    Get instant insight into what people are talking about now.

    Get more of what you love

    Follow more accounts to get instant updates about topics you care about.

    Find what's happening

    See the latest conversations about any topic instantly.

    Never miss a Moment

    Catch up instantly on the best stories happening as they unfold.

    1. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

      Benjamin Wittes Retweeted Steve Vladeck

      This is a very good point from @steve_vladeck. The appointment itself does not comply with the regs. If Barr can appoint someone pursuant to his general statutory appointment authority and apply the regs, it is very likely that the next attorney general can rescind the order.https://twitter.com/steve_vladeck/status/1333880757153128455 …

      Benjamin Wittes added,

      Steve VladeckVerified account @steve_vladeck
      “The Special Counsel shall be selected from *outside* the United States Government.” 28 C.F.R. § 600.3(a): https://www.law.cornell.edu/cfr/text/28/600.3 … So Barr is (belatedly) announcing that he appointed a Special Counsel *inconsistently* with DOJ’s own regulation. https://twitter.com/stevennelson10/status/1333867829280563207 …
      Show this thread
      46 replies 599 retweets 2,400 likes
      Show this thread
    2. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

      That is, if the appointment is not bound by the regs, presumably rescinding the appointment is not either—and thus does not require good cause. If, by contrast, the appointment *is* bound by the regs, it violates them and thus can be rescinded as unlawful. I think.

      8 replies 46 retweets 329 likes
      Show this thread
    3. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

      Ok, having looked at this a little more carefully now, here's a first read: (1) The appointment is not made pursuant to the special counsel regulations but to Barr's general statutory authorities as attorney general:pic.twitter.com/4OvVxAe5Un

      2 replies 30 retweets 160 likes
      Show this thread
    4. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

      (2) Barr then applies the special counsel regulations to the appointment:pic.twitter.com/xsCkLlmzkd

      2 replies 22 retweets 139 likes
      Show this thread
    5. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

      Except that (3) he does NOT apply the provision of the special counsel regulations that govern the appointment of the special counsel and require that the SC come from outside the department. This provision is 28 CFR 600.3:pic.twitter.com/u64lvL61nH

      6 replies 29 retweets 172 likes
      Show this thread
    6. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

      In other words, Barr used general statutory authority to appoint someone and then by order applied the regulations—including the regulations that limit the special counsel's removal—to that appointment. Very clever.

      4 replies 33 retweets 193 likes
      Show this thread
      Benjamin Wittes‏Verified account @benjaminwittes Dec 1

      Too clever, in fact. At least as I read it, and I'll be curious if @steve_vladeck disagrees with me, all the next attorney general has to do to get rid of this investigation—if he or she wants to do so—is rescind this Barr order applying the special counsel regulations to the SC.

      1:29 PM - 1 Dec 2020
      • 51 Retweets
      • 287 Likes
      • Jlspeakup Kireau RBG08 BJ Zapf Knight2017 Mavis Rosy Mike Moo Valerie MacPherson
      11 replies 51 retweets 287 likes
        1. New conversation
        2. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

          At that point, Durham becomes a regular dude appointed by the attorney general to investigate some stuff and can be removed from that position at will. In the alternative, the next attorney general could simply amend this order and make clear that the entire slate of...

          3 replies 29 retweets 160 likes
          Show this thread
        3. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

          ...special counsel regulations apply—and then remove Durham on grounds that his appointment is not, in fact, compatible with those regulations.

          3 replies 28 retweets 156 likes
          Show this thread
        4. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

          The best course, in the real world, may be to let him finish his probe. But if the next attorney general wants to end this thing, I think he or she will have ample latitude to do so.

          8 replies 32 retweets 240 likes
          Show this thread
        5. Benjamin Wittes‏Verified account @benjaminwittes Dec 1

          That's all I got on quick inspection.

          15 replies 9 retweets 142 likes
          Show this thread
        6. End of conversation
        1. Kyle Baker  🤷🏻‍♂️ 🤦🏻‍♂️‏ @reallykylebaker Dec 1
          Replying to @benjaminwittes @steve_vladeck

          And then Republicans will have the talking point that Biden and his AG quashed an investigation, thus adding more fuel for their deranged conspiracies.

          0 replies 0 retweets 3 likes
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo
        1. New conversation
        2. Renato Mariotti‏Verified account @renato_mariotti Dec 1
          Replying to @benjaminwittes @steve_vladeck

          That may be the case, but the attorney general would nonetheless have to make the decision to do so, which could have political consequences. The purpose behind Barr's appointment appears to be creating an obstacle to the termination of the investigation by the next AG.

          3 replies 10 retweets 30 likes
        3. Trump Eviction 47 Days!‏ @RestoreDemos Dec 1
          Replying to @renato_mariotti @benjaminwittes @steve_vladeck

          Is this a shiny object for the Biden AG confirmation hearing?

          0 replies 0 retweets 2 likes
        4. End of conversation
        1. New conversation
        2. Asha Rangappa‏Verified account @AshaRangappa_ Dec 1
          Replying to @benjaminwittes @steve_vladeck

          He's also not applying 600.1, which are the grounds for appointment the Special Counsel in the first place. He is seeming to make the call that the future AG will have a conflict of interest -- or in any case substituting his evaluation for the reason for an SC for the next AG's.

          2 replies 8 retweets 74 likes
        3. Asha Rangappa‏Verified account @AshaRangappa_ Dec 1
          Replying to @AshaRangappa_ @benjaminwittes @steve_vladeck

          That seems the most problematic. If an AG appoints an SC because of the circumstances present at that moment in time (when s/he is AG), it makes sense to continue it into the next admin. But this reasoning (it seems, since he doesn't articulate it) is about a future circumstance

          4 replies 8 retweets 49 likes
        4. Show replies
        1. mickde‏ @mickde01 Dec 1
          Replying to @benjaminwittes @steve_vladeck

          Sorry I’ve had several alcoholic beverages, I’m very confused 🤪

          0 replies 0 retweets 2 likes
          Thanks. Twitter will use this to make your timeline better. Undo
          Undo

      Loading seems to be taking a while.

      Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.

        Promoted Tweet

        false

        • © 2020 Twitter
        • About
        • Help Center
        • Terms
        • Privacy policy
        • Cookies
        • Ads info