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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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    1. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017

      Steve Vladeck Retweeted Ryan Goodman

      1. I'm going out on a limb & predicting this "review" won't actually culminate in meaningful change in policy. See following thread for why:https://twitter.com/rgoodlaw/status/893491674772643841 …

      Steve Vladeck added,

      Ryan GoodmanVerified account @rgoodlaw
      Biggest item in Sessions press conference on leaks so far: DOJ is reviewing policy on use of subpoenas against reporters and news media
      7 replies 45 retweets 66 likes
    2. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017
      Replying to @steve_vladeck

      2. Although policy is pro-journalists, it also protects DOJ. Fear has always been that line AUSAs would provoke anti-USG 1st Amend. ruling.

      1 reply 7 retweets 14 likes
    3. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017
      Replying to @steve_vladeck

      3. Limiting circumstances in which journalists can be subpoenaed/prosecuted in leak cases removes spark from powderkeg & promotes avoidance.

      1 reply 6 retweets 11 likes
    4. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017
      Replying to @steve_vladeck

      4. To be sure, reasonable folks disagree about whether/to what extent First Amendment protects journalists in leak investigations. But...

      1 reply 5 retweets 11 likes
    5. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017
      Replying to @steve_vladeck

      5. Key point is that this "benign indeterminacy" has historically been preferred by DOJ to the risk of an adverse First Amendment ruling.

      2 replies 6 retweets 16 likes
    6. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017
      Replying to @steve_vladeck

      6. And it's not at all obvious why even _this_ DOJ would be more sanguine about the prospects of prevailing in such a case...

      1 reply 5 retweets 11 likes
    7. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017
      Replying to @steve_vladeck

      7. After this "review," we may see modest, cosmetic changes to policy. But major changes would provoke very legal fight DOJ hasn't wanted.

      1 reply 7 retweets 13 likes
    8. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017
      Replying to @steve_vladeck

      8. So before we jump to conclusions re: today's news, keep in mind why preserving status quo might be just as much in DOJ's interests. /end

      3 replies 7 retweets 19 likes
      emptywheel‏ @emptywheel 4 Aug 2017
      Replying to @steve_vladeck

      Given that it is a cinch to move things through EDVA these days, don't 4thC precedents tied to Sterling case give DOJ cover?

      10:12 AM - 4 Aug 2017
      • 2 Likes
      • LocoAngryMobClown Annoyed Norwegian
      1 reply 0 retweets 2 likes
        1. Steve Vladeck‏Verified account @steve_vladeck 4 Aug 2017
          Replying to @emptywheel

          Depends on exactly what DOJ is doing / trying to compel reporters to do... and there's still the risk of #SCOTUS revisiting Sterling...

          0 replies 0 retweets 1 like
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