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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 Mar 18
      Replying to @steve_vladeck @matthewamiller and

      Instead, the next in line to be Acting AG if Rosenstein is out is Noel Francisco. That’s as opposed to replacing Sessions, where the replacement would become Acting AG themselves...

      2 replies 4 retweets 9 likes
    2. Eric Columbus‏Verified account @EricColumbus Mar 18
      Replying to @steve_vladeck @matthewamiller and

      Steve’s view — that Francisco would be acting AG for Mueller — appears to be the view that DOJ/OLC is taking. But the contrary view, i.e. that Pruitt could come in and be a double-acting, is sufficiently plausible that if Trump insisted on it he could probably get away with it.

      2 replies 3 retweets 2 likes
    3. Steve Vladeck‏Verified account @steve_vladeck Mar 18
      Replying to @EricColumbus @matthewamiller and

      Sure, but if Trump wants Mueller out that badly, why not avoid the issue by firing _Sessions_, and replacing _him_ with someone like Pruitt?

      2 replies 0 retweets 1 like
    4. Eric Columbus‏Verified account @EricColumbus Mar 18
      Replying to @steve_vladeck @matthewamiller and

      There may be a higher cost to Trump — espec among GOP members of Congress — if he fires Sessions

      2 replies 0 retweets 3 likes
    5. Ira Goldman  🦆 🦆 🦆‏ @KDbyProxy Mar 18
      Replying to @EricColumbus @steve_vladeck and

      Yep. Which suggests the "better" move from Trump's POV would be to fire Rosenstein, then name an acting for DAG who's either a confirmed sub-cabinet official or a political appointee at DOJ who's served there at least a year.

      1 reply 0 retweets 0 likes
    6. Marty Lederman‏ @marty_lederman Mar 18
      Replying to @KDbyProxy @EricColumbus and

      That person (Acting DAG) probably would not exercise AG's authority for Russia investigation -- Francisco would.

      1 reply 0 retweets 1 like
    7. Ira Goldman  🦆 🦆 🦆‏ @KDbyProxy Mar 18
      Replying to @marty_lederman @EricColumbus and

      I'm of the view the Vacancies Act can be employed here (even for a fired DAG). So how someone can be Acting and yet not have the full authority of an Acting, I don't know.

      1 reply 0 retweets 0 likes
    8. Marty Lederman‏ @marty_lederman Mar 18
      Replying to @KDbyProxy @EricColumbus and

      Yes, VRA can be employed for DAG. But Acting DAG can't exercise functions of AG.

      1 reply 0 retweets 0 likes
    9. Steve Vladeck‏Verified account @steve_vladeck Mar 18
      Replying to @marty_lederman @KDbyProxy and

      Or, more to the point, the Acting DAG can’t serve as Acting AG.

      2 replies 0 retweets 2 likes
    10. Marty Lederman‏ @marty_lederman Mar 18
      Replying to @steve_vladeck @KDbyProxy and

      Steve and I agree on this (and, I think, on the other 1001 questions floated in this thread). @emptywheel, you initiated this: Any questions still unclear that you were wondering about?

      1 reply 0 retweets 0 likes
      emptywheel‏ @emptywheel Mar 18
      Replying to @marty_lederman @steve_vladeck and

      I think I get the succession. I'm still curious about what happens after Trump replaces Rosenstein -- what happens to existing team, to any sealed indictments, etc.

      2:02 PM - 18 Mar 2018
      • 3 Likes
      • David Liu Jacob Garchik Linda
      2 replies 0 retweets 3 likes
        1. Marty Lederman‏ @marty_lederman Mar 18
          Replying to @emptywheel @steve_vladeck and

          Well, replacing RR doesn't itself affect Mueller, except to give Francisco authority to supervise him.

          0 replies 1 retweet 0 likes
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        1. Andy‏ @AndytweetM Mar 18
          Replying to @emptywheel @marty_lederman and

          Could the author of SCO regulations @neal_katyal please weigh in ? :)

          0 replies 0 retweets 0 likes
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