@OrinKerr @mattblaze @declanm Also, isn't it job of courts to balance interests? Biggest complaint is DOJ made sure AP couldn't appeal to 1
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Replying to @emptywheel
@emptywheel@mattblaze@declanm The courts are open; the AP just lacks a legal cause of action. Courts not in charge of every policy, yet.2 replies 0 retweets 0 likes -
Replying to @OrinKerr
@OrinKerr AP wouldn't have had a cause of action if DOJ had given them notice of the subpoena?@mattblaze@declanm1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel AP has no cause of action based on what actually happened. Do you disagree?@mattblaze@declanm2 replies 0 retweets 0 likes -
Replying to @OrinKerr
@OrinKerr Currently? They say they may try. But do you disagree they would have had notice been given?@mattblaze@declanm1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@mattblaze@declanm They say they may try based on what? What legal claims do they have?4 replies 0 retweets 0 likes -
Replying to @OrinKerr
@OrinKerr But it also seems if anyone is indicted based on this, there'll be ample reason to challenge AP-tied evidence@mattblaze@declanm1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@mattblaze@declanm On what ground?3 replies 0 retweets 0 likes -
Replying to @OrinKerr
@OrinKerr For one, DAG Cole didn't have documented authority to sign off on subpoenas.@mattblaze@declanm1 reply 0 retweets 0 likes -
Replying to @emptywheel
@emptywheel@mattblaze@declanm Obviously no exclusionary remedy, though; that would be a frivolous claim.1 reply 0 retweets 0 likes
@OrinKerr Libby's lawyers did not badly w/a much weaker claim on simialr delegation problems. @mattblaze @declanm
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