emptywheel

The InfoWars Embed in the CNN First Amendment Lawsuit

45 Comments

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November 13, 2018

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While I'm happy CNN Is suing the White House for revoking Jim Acosta's press hard pass, I'm not a fan of how they've argued the case, as it seems to argue for a privilege, not a right.

2016 Presidential Election, 2018 Mid-Term Election, Mueller Probe

WSJ's Curious Mueller Editorial

87 Comments

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November 12, 2018

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Almost immediately after Trump too the rash step of firing Jeff Sessions and replacing him with Matt Whitaker, the WSJ warned him not to do any more damage to the Republican party with his efforts to undercut the Mueller investigation.

2016 Presidential Election, 2018 Mid-Term Election, Mueller Probe

Neal Katyal Helps Mueller Write Monday's Brief

44 Comments

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November 12, 2018

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Neal Katyal just provided another argument about why Matt Whitaker can't supervise the Mueller probe.

2016 Presidential Election, 2018 Mid-Term Election, Mueller Probe

Dear Lindsey: Not Even Trump Gives a Shit What You Think about the Whitaker Appointment

43 Comments

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November 11, 2018

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Apparently, Lindsey Graham and CBS' Face the Nation think the Senator and that chamber's Judiciary Committee matters in the Matt Whitaker appointment. The entire point, though, is that they do not.

2016 Presidential Election, 2018 Mid-Term Election, Mueller Probe

In Defending His Whitaker Pick, Trump Attempts to Placate Both Republicans and Lawyers

97 Comments

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November 10, 2018

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Trump's tweets trying to convince lawyers and Republicans to embrace the Whitaker appointment suggest a heavy-handed move he probably imagined would bring him salvation have just added to his headaches.

2016 Presidential Election, emptywheel, Mueller Probe

The Kremlinology (Ha!) of the Sessions' Huddle

68 Comments

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November 10, 2018

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I don't pretend to know what happened in that huddle or in the half day afterwards when Jeff Sessions uncontestedly retained his authority as Attorney General.But I'm not really bugged that Rod Rosenstein is doing what he needs to do to remain the person who, if Whitaker's appointment were illegal, would serve as the Acting Attorney General.

2016 Presidential Election, emptywheel, Mueller Probe

Did Emmet Flood Mean to Create a Legal Morass, or Is He Off His Game?

70 Comments

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November 9, 2018

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I expect basic competence out of Emmet Flood. But this whole scheme could only be judged competent if the point was to totally discredit anything DOJ does, including but not limited to the Mueller probe.

Are Mueller and Matt Whitaker Already Battling over Immunity or a Plea Deal for Jerome Corsi?

40 Comments

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November 9, 2018

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Jerome Corsi seems to suggest something is going down with Mueller today -- whom he makes veiled allusions to as Pontius Pilate. That may force Matt Whitaker to deem such an activity totally inappropriate under DOJ practices.

In Thursday Hearing, Mueller's Team Gets Specific about What They Can Do without Whitaker's Pre-Approval

18 Comments

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November 9, 2018

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In the argument over Andrew Miller's challenge of a Miller subpoena yesterday, Michael Dreeben seemed to be making the first argument about limits to how much Matt Whitaker can tamper in the Mueller investigation.

John Kelly's Legally Fraught Role in the Sessions Ouster

64 Comments

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November 9, 2018

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On top of all the potential legal problems with picking Matt Whitaker to replace Jeff Sessions, there may be legal problems that John Kelly is the one who did so.

Trump Won't Hand in His Open Book Test Until He Checks His Answers with Matt Whitaker and Putin

21 Comments

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November 8, 2018

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Trump is still trying to decide whether an open book test of questions pertaining to the Russian investigation is too hard for him or not. Before he decides, he's may consult with both Matt Whitaker and Vladimir Putin.

Trump Risks that Every Action Matt Whitaker Takes as Attorney General Can Be Legally Challenged

50 Comments

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November 8, 2018

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Both the author of the statute governing Mueller's appointment, Neal Katyal, and the people who will oversee DOJ in a few months have real questions about the legality of Whitaker's appointment. That could mean every single action vested exclusively in the Attorney General (including those pertaining to Mueller) can be challenged in court.

Matt Whitaker Has Authority to Share Proceedings of National Security Grand Jury Investigations with Trump

96 Comments

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November 7, 2018

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Under a 2002 OLC memo interpreting the PATRIOT Act, Acting Attorney General Matt Whitaker can share information about Mueller's grand jury with the President.

Has This Been the Plan Since August 2017?

77 Comments

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November 7, 2018

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While it sounds like Sessions only resigned today, it's possible this has been in the works for far, far longer.

Mueller Probe

Matt Whitaker Can't Prevent Mueller from Unsealing Any Sealed Indictments

60 Comments

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November 7, 2018

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If Mueller prepared for this very predictable eventuality of the firing of Jeff Session, then Trump may have just fired a key player in his racist agenda for naught.

2016 Presidential Election, emptywheel, Mueller Probe

Why Are We Still Talking about Randy Credico?

14 Comments

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November 7, 2018

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Mueller is not interviewing witnesses to test Credico's story about whether he really was Stone's go-between. He's interviewing witnesses to learn about Stone crafted a cover story that still makes no sense.

2018 Mid-Term Election

Mid-Terms: We're All Out of Bubblegum

166 Comments

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November 6, 2018

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Rayne

We have come here to chew bubblegum and kick ass...and we're all out of bubblegum. This is an open thread — bring the ass-kicking.

2018 Mid-Term Election

Mid-Terms: Planning is Everything

54 Comments

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November 5, 2018

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Rayne

Plans are worthless, but planning is everything — are you planning ahead?

2016 Presidential Election, Elections--Historical, emptywheel, Mueller Probe

What the Watergate Road Map Might Say about a Mueller Road Map

20 Comments

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November 5, 2018

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I've argued that to the extent Mueller has a report written on his findings, it serves just as a Road Map packaged up for the House Judiciary Committee. This post examines what we might glean about Mueller's investigation if his Road Map matches the Watergate one.