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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. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31

      P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡ Retweeted Adam Schiff

      Op-ed by HPSCI ranking member Adam Schiff in the ongoing Nunes memo nonsensehttps://twitter.com/RepAdamSchiff/status/958869046568669185?ref_src=twcamp%5Ecopy%7Ctwsrc%5Eandroid%7Ctwgr%5Ecopy%7Ctwcon%5E7090%7Ctwterm%5E0 …

      P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡ added,

      Adam SchiffVerified account @RepAdamSchiff
      The decision by Nunes to employ an obscure rule to release classified information for partisan political purposes crossed a dangerous line, and increases the risk of a constitutional crisis and another Saturday Night Massacre. My oped on Washington Post: http://wapo.st/2DRqdOd 
      6 replies 89 retweets 227 likes
      Show this thread
    2. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31

      Not sure the procedure for disclosure used here (House Rule X 11(g)) really qualifies as "obscure" - it's been discussed a couple of times before eg in the joint SSCI/HPSCI 9/11 report - but its never actually been deployed SFAICT.

      3 replies 5 retweets 53 likes
      Show this thread
    3. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31

      Normally classified info is given to the exec branch for classification review before release. X/11(g) is being used to circumvent that process, and Schiff is right it's being used in a novel and broken way.

      3 replies 19 retweets 63 likes
      Show this thread
    4. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31

      The purpose of X/11g is really about congress saying what to do if exec branch and HPSCI eventually disagree. So e.g. with the 9/11 review, some congressmen didn't like the Saudi pages being withheld, hence the X/11g discussion

      2 replies 7 retweets 48 likes
      Show this thread
    5. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31

      But this is different: this isn't Nunes et al disagreeing with the exec branch and asserting their superiority under X/11g; it's them denying the exec branch the opportunity to do that determination in the first place.

      4 replies 11 retweets 75 likes
      Show this thread
    6. emptywheel‏ @emptywheel Jan 31
      Replying to @pwnallthethings

      Trump doesn't count as executive branch?

      2 replies 0 retweets 5 likes
    7. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31
      Replying to @emptywheel

      The rule is they notify the president and give him 5 days notice that they are releasing it. It's not a request for his input.

      1 reply 0 retweets 9 likes
    8. emptywheel‏ @emptywheel Jan 31
      Replying to @pwnallthethings

      You miss my point. This is Nunes doing the will of POTUS to deny the institutional bureaucracy its input. It's a way Trump might bypass the controls @jacklgoldsmith laid out yesterday.

      2 replies 2 retweets 13 likes
    9. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31
      Replying to @emptywheel @jacklgoldsmith

      Sure. But Trump circumvents them out of his own weakness and inability to control the levers of his own administration.

      1 reply 0 retweets 7 likes
      emptywheel‏ @emptywheel Jan 31
      Replying to @pwnallthethings @jacklgoldsmith

      If it works is it weakness? Would a court challenge this? It's especially smart bc he's hiding behind Nunes' S&D.

      5:45 PM - 31 Jan 2018
      • 6 Likes
      • Eva Ziessler AnnieW Mike Mildred chetan QED lushperson
      3 replies 0 retweets 6 likes
        1. New conversation
        1. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31
          Replying to @emptywheel @jacklgoldsmith

          It's House rules, so courts won't get involved. And even if the rules were broken, the recourse would be to the speaker, and Ryan seems perfectly happy to let all of this continue; he could shut a lot of this nonsense down in an instant if he chose to do so.

          1 reply 2 retweets 20 likes
        2. emptywheel‏ @emptywheel Jan 31
          Replying to @pwnallthethings @jacklgoldsmith

          No. It's also that Nunes might be at risk of obstruction if he weren't protected as another branch. Nunes is the one Trump flunkie who--probably correctly--hasn't exposed himself to legal risk.

          1 reply 2 retweets 3 likes
        3. P̵̛wn̷̕̕ A̶͡ll͜͝͝ T̡̛̕h̷̶̀͠͡e̷̵̶̷ T̵͜͢h̸̸́͟i̕ng͝s͡‏ @pwnallthethings Jan 31
          Replying to @emptywheel @jacklgoldsmith

          The house rules are whether Nunes would be sanctioned by the house for disclosure; he could disclose under S&D even if doing so was grossly against the rules without taking on criminal liability.

          2 replies 1 retweet 6 likes
        4. emptywheel‏ @emptywheel Jan 31
          Replying to @pwnallthethings @jacklgoldsmith

          Again, I'm not talking about that. I'm talking about the deference DOJ gives to investigations implicating Congress and Congress' ability to shield its own.

          1 reply 0 retweets 2 likes
        5. emptywheel‏ @emptywheel Jan 31
          Replying to @emptywheel @pwnallthethings @jacklgoldsmith

          Know who got to decide SSCI wasn't going to cooperate w/FBI's investigation of Merlin leak, in which SSCI staffer was top suspect, over Jeffrey Sterling? SSCI Chair.

          1 reply 3 retweets 4 likes
        6. 1 more reply
        1. MT‏ @Lazertrade Jan 31
          Replying to @emptywheel @pwnallthethings @jacklgoldsmith

          Especially filthy is a better description.

          0 replies 0 retweets 1 like
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        1. Lemon Slayer‏ @LemonSlayerUS Jan 31
          Replying to @emptywheel @pwnallthethings @jacklgoldsmith

          Wonderd about S&D's specifics. Seems not applicable for actual crimes. Crimes like obstruction of justice for example. https://www.heritage.org/constitution/#!/articles/1/essays/26/privilege-from-arrest …pic.twitter.com/KBPjchIO6t

          0 replies 0 retweets 0 likes
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