There were always interesting questions about that. But now Trump comes on the scene, with the power of The Word. And starts issuing Presidential orders via Tweet, some he means, some he later backs off on. We treated it as a joke but bc of the power of The Word, it's not a joke.
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We've literally rolled out a whole new jurisprudence about whether The Word issued by Tweet is legally binding, whether it's before the election or after, whether it happened during Executive Time or not.
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There are even (overblown to my mind, but then I know better than to believe Trump is only at risk for obstruction) debates about the legal status of a Tweet written by Trump's lawyer. I suspect we'll get to debates abt Tweets written by his flacks.
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Imagine impeachment coming down to whether Trump committed a high crime and misdemeanor by joining a conspiracy with Russia via a Tweeted signal that Scavino wrote, not Trump?
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Now there's the other issue: Trump aides are admitting they *steal documents from the Oval Office.* Someone has stolen The Word, and we're all applauding, bc whatever people are breaking all protocol rules, we assume, HAVE to be more sane or at least fit to govern than Trump.
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This is even showing up in the Kavanaugh hearings, where everyone admits he was really appointed by an unelected network for right wing activists and the Republican Party couldn't be happier about that.
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But EITHER, Kavanaugh was nominated by The Word, by someone who conspired with a hostile foreign power to obtain the power of The Word, in which case the nomination is illegitimate.
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OR, Kavanaugh was nominated by the Federalist Society and the Koch Brothers, which has their own magic, I'll grant you, but not the Constitutional power of The Word.
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There are a goodly number of respectable right wing lawyers, firm believers in a fiction called orignalism, who are arguing without thinking about it that it doesn't matter that Kavanaugh was selected by someone without the power of The Word because ¯\_(ツ)_/¯
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I believe the hearings are premised on it.
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Replying to @emptywheel
Sure, they're acting that way, but isn't this issue more like the, um, elephant in the room?
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