Category: Uncategorized

Marcy Wheeler is Confused about the Charges Against Assange for Journalistic-Style Activities

I posted the below thread in response to this tweet from Marcy Wheeler (@emptywheel) promoting a blog post that mainly critiqued an article that has gotten supporters of WikiLeaks and Julian Assange excited. Her post included an aside about “propaganda” from “Pulitzer Prize winning NYT reporters” that turned out to link to this June 16 […]

Prosecutors Could Not Have Gotten the Type of Metadata People are Most Worried About With Subpoenas to Apple

Here is a short guide to the complex issue of what kinds of communications-related metadata that prosecutors could have seized from Apple with grand jury subpoenas, including about Schiff, Swalwell and McGahn: /1 These are some types of metadata that can be subpoenaed: when one used apps like Facetime & iMessage, & one’s IP addresses […]

New Leak by Daniel Ellsberg: the Risk of Nuclear War over Taiwan

Fifty years ago next month, the NYT began publishing the Pentagon Papers, a seminal moment in the history of the Vietnam War and in leaks of Top Secret information. Its source, Daniel Ellsberg, has made another unauthorized disclosure. /1 Ellsberg also copied a large amount of material about planning for nuclear war, intending to release […]

Glenn Greenwald’s Dishonest Conspiracy Theory on the CIA’s Russian Bounty Assessment

In service of his schtick, @ggreenwald is again putting forward a series of bad-faith misrepresentations re the CIA Russian bounty assessment and the NYT reporting on it. I’m going to dissect various ways he is demonstrably gaslighting, after which I’ll ignore him. /1 At a hearing last year, various lawmakers brought up the recently disclosed […]

Antonin Scalia’s 2007 remarks about national-security issues in the Ford administration

In my 2007 book, “Takeover,” I included a quote from a speech by Justice Antonin Scalia about his time as a senior Justice Department official in the Ford administration and during the Church Committee investigation. (Scalia was then the assistant attorney general for the Office of Legal Counsel.) I recently had a chance to listen […]

Read the 1986 Justice Department Report for Ed Meese “Separation of Powers: Legislative-Executive Relations”

A few days ago, I wrote a piece analyzing Attorney General Bill Barr’s Federalist Society speech on his maximalist view of executive power, which I, argued, had more to do with Ronald Reagan’s 1980s than George Washington’s 1780s. I included a cautionary quotation from an internal 1986 Justice Department manifesto on separation of powers issues […]

Congress is Litigating at a Historically Unprecedented Rate, as the Aberrational Trump Era Accelerates a Polarization-Driven Trend

It was once rare for Congress to go to court. But the number of cases House Democrats are now litigating is historically unprecedented — a Trump-era aberration that is accelerating a larger shift in governance whose seeds predate Trump. w/ @npfandos The House v. Trump: Stymied Lawmakers Increasingly Battle in the Courts It’s routine, of […]

The Gotcha Takes on Barr’s Census Question Comments Are Off, But Something Else Is Dubious

I think some gotcha takes are missing the mark re Barr’s comments about the “hysterical” media insinuating that the Trump admin was thinking about adding the citizenship question to the Census by executive fiat. There is something here worth scrutinizing, but it’s different. /1 People are citing Barr saying Monday, after being asked about an […]