Modern pres - esp Trump - is always in campaign mode. So shouldn't stmts in office be off-limits too under this arg?
.@marceelias here's the Kozinski McCutcheon reference in Trump EO dissentalpic.twitter.com/yQjw4pmKjz
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I have to respectfully disagree with Kozinski's view as applied to this case. 1/
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These are not the equivalent of stray statements in legislative history. Here they are the most authoritative statements of purpose. 2/
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That is especially true because as
@BobLoeb just wrote the fit is so poor between means and "official" purpose. 3/ -
Kozinski would have us ignore this unusual reality because he's worried about application to normal cases. I think that's backwards. /fin
End of conversation
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An exec order is issued by one person-the president. So looking at what pres said (before or after taking office) is proper.
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Does he differentiate between speech by applicant-to-presidency and speech made by POTUS him/her-self?
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Prior to Trump, wasn't campaign speech generally chilled by the prospect of being held accountable for one's words?
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