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emptywheel's profile
emptywheel
emptywheel
emptywheel
@emptywheel

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emptywheel

@emptywheel

Abundant tweets about civil liberties & national security. "Has a longer memory than an elephant & keeps more records than Jim Comey.” Legendary potty mouth.

Grand Rapids, MI
emptywheel.net
Joined August 2008

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    emptywheel‏ @emptywheel 11 Mar 2016

    Has All Writs Act ever been used against the govt? I mean, could Gladys Kessler use it to send Marshals to pick up Gitmo videos to release?

    5:47 AM - 11 Mar 2016
    • 5 Retweets
    • 12 Likes
    • Rab Kevin heyNSA Get A Warrant Mike, 👁 1️⃣ 2️⃣🐝🍁, English 🛸 Gambino-style Pete rollup Neal Sam Kyle Lady Scary Really
    5 replies 5 retweets 12 likes
      1. New conversation
      2. Susan Hennessey‏Verified account @Susan_Hennessey 11 Mar 2016
        Replying to @emptywheel

        @emptywheel I don't know of an example but, in theory, see no reason why a court couldn't use it's AWA authority to compel order on exec.

        1 reply 0 retweets 0 likes
      3. emptywheel‏ @emptywheel 11 Mar 2016
        Replying to @Susan_Hennessey

        @Susan_Hennessey Does the court get to decide or does one of the parties have to ask for it? I really want @ACLU to try. @JameelJaffer

        1 reply 0 retweets 0 likes
      4. Susan Hennessey‏Verified account @Susan_Hennessey 11 Mar 2016
        Replying to @emptywheel

        @emptywheel @ACLU @JameelJaffer My understanding from DOJ is typically a party (government) requests, but court could also issue sua sponte.

        1 reply 0 retweets 1 like
      5. Susan Hennessey‏Verified account @Susan_Hennessey 11 Mar 2016
        Replying to @Susan_Hennessey

        @emptywheel @ACLU @JameelJaffer Not sure I see a fact pattern where it'd be useful to the court, but agree it'd be a fun experiment.

        2 replies 0 retweets 3 likes
      6. emptywheel‏ @emptywheel 11 Mar 2016
        Replying to @Susan_Hennessey

        @Susan_Hennessey I could imagine Vaughn Walker having AWAed documents for al Haramain when DOJ was balking. @ACLU @JameelJaffer

        0 replies 0 retweets 0 likes
      7. End of conversation
      1. New conversation
      2. bmaz‏ @bmaz 11 Mar 2016
        Replying to @emptywheel

        @emptywheel Theoretically yes I suppose, though don't recall ever seeing it.

        2 replies 1 retweet 1 like
      3. emptywheel‏ @emptywheel 11 Mar 2016
        Replying to @bmaz

        @bmaz I would think DOJ wouldn't be dismissing import of political branches if it ever had been.

        0 replies 1 retweet 1 like
      4. End of conversation
      1. New conversation
      2. Matt Steilen‏ @MJSteilen 11 Mar 2016
        Replying to @emptywheel

        @emptywheel Aren't you just asking whether a federal court has issued a common law or prerogative writ against the government? Many times.

        3 replies 0 retweets 0 likes
      3. emptywheel‏ @emptywheel 11 Mar 2016
        Replying to @MJSteilen

        @MJSteilen No. I'm interested in AWA particularly bc of way DOJ minimizing import of what political branch (Congress) has done on this topic

        0 replies 0 retweets 0 likes
      4. End of conversation
      1. bmaz‏ @bmaz 11 Mar 2016
        Replying to @emptywheel

        @emptywheel Actually a great question. What say you @sbagen and @steve_vladeck

        0 replies 1 retweet 1 like
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      1. Matt Steilen‏ @MJSteilen 11 Mar 2016
        Replying to @emptywheel

        @emptywheel Um, Marbury v. Madison?

        0 replies 0 retweets 0 likes
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