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
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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.
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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.
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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 -
Replying to @emptywheel @jacklgoldsmith
Sure. But Trump circumvents them out of his own weakness and inability to control the levers of his own administration.
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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.
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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.
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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.
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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.
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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.
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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.
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