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Marty Lederman @martylederman.bsky.social · 19h

Even so, it'd be unfair to prosecute in a case where the POTUS himself has determined that it was lawful. Trump is the one who should be held accountable -- ideally by Congress. But the system is far too broken for that now.

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Marty Lederman @martylederman.bsky.social · 19h

If there were a prosecution, no, there'd be no "public authority" defense. Whether there'd be a DP defense would depend upon whether it was reasonable to rely upon the POTUS's say-so here. I've tried to explain that no, it wouldn't be reasonable based on what we know now. [1]

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Marty Lederman @martylederman.bsky.social · 19h

Are you asking whether there'd be a defense to a prosecution against the DOD personnel who are involved? If so, that's the wrong question, because they'll never be prosecuted (nor should they be). See

www.justsecurity.org/120296/many-...

@jamalgreene.bsky.social

The Many Ways in Which the Caribbean Strike was Unlawful

Legal expert on domestic authority and law most relevant to the US strike on alleged Venezuelan drug boat

www.justsecurity.org

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Marty Lederman @martylederman.bsky.social · 1d

www.facebook.com/watch/?v=117...

Redirecting...

www.facebook.com

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Marty Lederman @martylederman.bsky.social · 1d

www.youtube.com/watch?v=DuU-...

Reds (1981) - Train Station Reunion Clip #1 HD

YouTube video by Paesito Paez

www.youtube.com

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Marty Lederman @martylederman.bsky.social · 3d

I must have watched that film 50 times in high school and college. Today I keep coming back to this scene, in which she entirely transforms it by conveying the sublimity and deep wells of feeling lurking just beneath the surface of the (wonderful) Annie persona.

www.youtube.com/watch?v=p32O...

Annie Hall (11/12) Movie CLIP - Seems Like Old Times (1977) HD

YouTube video by Movieclips

www.youtube.com

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Marty Lederman @martylederman.bsky.social · 3d

www.youtube.com/watch?v=p32O...

Annie Hall (11/12) Movie CLIP - Seems Like Old Times (1977) HD

YouTube video by Movieclips

www.youtube.com

Marty Lederman @martylederman.bsky.social · 3d

www.youtube.com/watch?v=p32O...

Annie Hall (11/12) Movie CLIP - Seems Like Old Times (1977) HD

YouTube video by Movieclips

www.youtube.com

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Marty Lederman @martylederman.bsky.social · 3d

That's right -- both Oregon and Illinois have chosen not to make. Illinois doesn't even mention it on appeal!

(perhaps the reason is that it would imply that Nixon acted without authority in the 1970 postal strike)

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Marty Lederman @martylederman.bsky.social · 3d

I wonder whether Oregon & Illinois are overlooking potentially the strongest arguments against Trump's use of the National Guard--i.e., that he can't do so unless it'd be lawful for the regular armed forces to act (10 USC 12405) and those regular forces were "unable" to execute federal laws (12406).

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Marty Lederman @martylederman.bsky.social · 3d

Even though it's entitled ... Ennui on the Mountain?!

(and contains this multiple groaner: "You and me are just Ponce de Leon-y.")

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Marty Lederman @martylederman.bsky.social · 3d

"The average listener is not under the impression that a diss track is the product of a thoughtful or disinterested investigation, conveying to the public fact-checked verifiable content."

Discuss.

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Reposted by Marty Lederman

Sam Bagenstos @sbagen.bsky.social · 4d

It’s considered impolite to use language like this, but “evil” is the best word for what these folks are doing. It’s bad enough to screw over workers to attack political enemies. But here, doing so will literally kill people and lead to avoidable disease.

open.substack.com/pub/insideme...

BREAKING NEWS: CDC employees terminated in apparent Friday night massacre.

The Trump administration is using the shutdown to further weaken the our national public health infrastructure.

open.substack.com

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Marty Lederman @martylederman.bsky.social · 3d

Curious what percentage of my followers on bluesky would recognize immediately the suit in which this line in a judicial opinion appears: "[T]he final line of this passage plays on the dual meaning of minor—a person under the age of 18 and a musical scale.”

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Marty Lederman @martylederman.bsky.social · 5d

This is excellent.

Isaac! At the Butler! @isaacbutler.bsky.social · 8d

I finally got a chance to write one of my dream assignments, an in depth evaluation of Daniel Day-Lewis, an actor whose achievements and methods cast a long shadow over the field, and whose work is often misunderstood.

slate.com/culture/2025...

Only One Performer Has Won Three Best Actor Oscars. Is It Fair That He’s Also a Joke?

He might be the greatest actor of all time—and the most misunderstood.

slate.com

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Marty Lederman @martylederman.bsky.social · 5d

Hasn't Hegseth *already* deployed the Texas Guard to Illinois?

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Marty Lederman @martylederman.bsky.social · 5d

Ah, thanks -- it's Exhibit C, not D (which is what the DOJ brief says), and it's not referenced in the paragraphs of the Nordhaus declaration cited by DOJ.

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Marty Lederman @martylederman.bsky.social · 5d

Anyone know where one might find Trump's alleged Oct. 4 determination that the "regular troops" are unable to execute federal laws in Chicago and/or his activation of the National Guard for Chicago?

@justsecurity.org

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Marty Lederman @martylederman.bsky.social · 5d

Judge Nelson repeatedly references alleged presidential findings and determinations that there's no evidence in the record Trump ever made.

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Marty Lederman @martylederman.bsky.social · 5d

It is great analysis. And of course universities shouldn't consider accepting the "compact." But don't underestimate the enormous costs: What's driving the trepidation is the fact that the executive agencies have the (de facto, even if not de jure) power to turn the spigots off *prospectively.*

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Marty Lederman @martylederman.bsky.social · 6d

Materially less speculative--and thus more of a "substantial risk"--that the statute could affect the outcome of at least one election in the state, and therefore it saves the Dems some costs of getting those voters to the polls. Or so said the Court in Crawford (affirming Posner), anyway.

Marty Lederman @martylederman.bsky.social · 6d

As if the Trump immunity decision weren't indefensible enough, @philippesands.bsky.social explains how corrosive it could be w/r/t head-of-state immunity for international law crimes, which the U.S. (Robert Jackson, in particular) worked for decades to eradicate.

www.theatlantic.com/ideas/archiv...

How Far Does Trump’s Immunity Go?

The Supreme Court’s 2024 decision threatens the system of international justice.

www.theatlantic.com

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Marty Lederman @martylederman.bsky.social · 6d

As Justice Kagan rightly noted, it's much ado about nothing b/c parties can bring pre-election challenges (and voters should be able to, as well). The good news is that *if* the Court holds that candidates can, too, it should (at least implicitly) repudiate much of Clapper's rationale.

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Marty Lederman @martylederman.bsky.social · 6d

www.execfunctions.org/p/president-...

@jacklgoldsmith.bsky.social @richardprimus.bsky.social

President Trump Holds the Legal Cards on the Use of the Military in the Domestic Sphere

The protective power for the regular military, and the Insurrection Act, lie in the wings

www.execfunctions.org

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Marty Lederman @martylederman.bsky.social · 6d

Justice Alito's line of questioning about possible-but-speculative harms in Bost, in light of his opinion for the Court in Clapper, is ... a bit rich.

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