Peter M. Shane

@petermshane.bsky.social

10K followers 1.6K following 800 posts

Constitutional and admin law prof. Author, Democracy's Chief Executive (U. Cal. 2022). Podcast host @DemChiefExecPod. @Monthly contributor. Corgi-obsessed.

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Peter Milo Shane is an American legal scholar and writer. He is currently the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at the Moritz College of Law at The Ohio State University, where he taught from 2003-2021.[1] Since 2022, he has been a Distinguished Scholar in Residence and Adjunct Professor at the New York University School of Law. [2] .. more

Political science 50%

Economics 18%

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Peter M. Shane @petermshane.bsky.social · Jul 21

“Trump’s use of executive power is not a distortion of the Roberts Court’s theory of the presidency; it is the Court’s theory of the presidency, brought to life.” My take in The Atlantic. www.theatlantic.com/ideas/archiv...

This Is the Presidency John Roberts Has Built

The country is witnessing the creation of an all-powerful institution, and one man is responsible.

www.theatlantic.com

Peter M. Shane @petermshane.bsky.social · 11h

That occurred to me, too, but, unfortunately, my would-be client had no idea of either the legal theory that elicited his acquaintance’s release or a theory that might elicit his own. In conversation, the word just seemed to have a talismanic quality he hoped I might unlock.

Peter M. Shane @petermshane.bsky.social · 16h

I once had a client via my law school’s post-conviction legal clinic who asked me to get him “a forthwith.” When I asked for specifics, he told me a buddy of his got out of Danbury with a judicial order that he be released “forthwith.” “I want one of those,” he said. Sane level of understanding.

Kevin M. Kruse @kevinmkruse.bsky.social · 17h

The president is such a bumbling idiot he thinks tweeting out the word "hereby" a couple times on his white supremacist social media site is the same thing as making an actual law.

The only story here is the one about a mentally diminished, increasingly erratic president who thinks he's a king.

Jim Lokay @jimlokay.com · 17h

It should go without saying, but the president has no authority to do this, and anyone reporting the story needs to say as such.

Peter M. Shane @petermshane.bsky.social · 16h

Equally to the point, Richard Nixon on a bad day and under the influence of alcohol, was not as deranged as this.

Jim Lokay @jimlokay.com · 17h

It should go without saying, but the president has no authority to do this, and anyone reporting the story needs to say as such.

Reposted by Peter M. Shane

Kevin M. Kruse @kevinmkruse.bsky.social · 17h

Jim Lokay @jimlokay.com · 17h

It should go without saying, but the president has no authority to do this, and anyone reporting the story needs to say as such.

Reposted by David Kaufman, Peter M. Shane, Michael D. McDonald , and 1 more David Kaufman, Peter M. Shane, Michael D. McDonald, Ann Bartow

Jim Lokay @jimlokay.com · 17h

It should go without saying, but the president has no authority to do this, and anyone reporting the story needs to say as such.

Peter M. Shane @petermshane.bsky.social · 1d

Never thought I’d be nostalgic for Alexander Haig

Peter M. Shane @petermshane.bsky.social · 3d

Please tell me this is a parody account 🙏, not the utterance of a cabinet member.

Peter M. Shane @petermshane.bsky.social · 4d

Let’s face it. Hegseth won’t give up until he has inadvertently made Kelly the leading presidential contender for 2028.

Peter M. Shane @petermshane.bsky.social · 4d

“Without prejudice” inconsequential in context because statute of limitations has passed for the acts with which Comey was charged.

Kyle Cheney @kyledcheney.bsky.social · 4d

BREAKING: Comey case dismissed without prejudice. Halligan invalidly appointed, judge rules. storage.courtlistener.com/recap/gov.us...

Peter M. Shane @petermshane.bsky.social · 4d

FBI Director releasing info without authority on eve of 2016 Election say what?

Aaron Rupar @atrupar.com · 4d

Comey: "I'm grateful the court ended the case against me, which was a prosecution based on malevolence & incompetence... I was inspired by the career people who refused to be part of this travesty. It cost some of them their jobs, but it preserved their integrity, which is beyond price"

Reposted by Steve Peers, Peter M. Shane, David R. Miller , and 2 more Steve Peers, Peter M. Shane, David R. Miller, Richard Moorhead, David Darmofal

Aaron Rupar @atrupar.com · 4d

Reposted by Brendan Nyhan, John McLaren, Peter M. Shane , and 3 more Brendan Nyhan, John McLaren, Peter M. Shane, Sanford F. Schram, Robert C. Richards, Sam Kamin

Kyle Cheney @kyledcheney.bsky.social · 4d

BREAKING: Comey case dismissed without prejudice. Halligan invalidly appointed, judge rules. storage.courtlistener.com/recap/gov.us...

Peter M. Shane @petermshane.bsky.social · 5d

Now that post-breakfast brain has kicked in, I remember that, although The Harder They Come had a long run during my Harvard undergrad years, the movie that ran *forever* was King of Hearts with Alan Bates.

Peter M. Shane @petermshane.bsky.social · 5d

This is a sad note on which to start the week. Central Square Theater ran The Harder They Come for years, as I recall, during my time in college. His voice is unforgettable. Jimmy Cliff, Reggae Icon, Dies at 81 www.nytimes.com/2025/11/24/a...

Jimmy Cliff, Reggae Icon, Dies at 81

www.nytimes.com

Peter M. Shane @petermshane.bsky.social · 5d

Jimmy Cliff, Reggae Icon, Dies at 81

www.nytimes.com

Peter M. Shane @petermshane.bsky.social · 6d

Now, do “Imagine.”

Rabbi Danya Ruttenberg @theradr.bsky.social · 7d

hey guys i made a seasonal meme

Meme: Straight ahead: Pausing to consider the meaning of Cohen's lyrics
Everyone, for some reason, takes the exit towards Singing "Hallelujah" again in religious contexts

Reposted by Peter M. Shane

Rabbi Danya Ruttenberg @theradr.bsky.social · 7d

hey guys i made a seasonal meme

Peter M. Shane @petermshane.bsky.social · 8d

There is no national story involving Harvard over the last few years about which you could not say the same thing. (Remember the railroading of Claudine Gay!) They and their predecessors have been doing exceptional work.

Peter M. Shane @petermshane.bsky.social · 8d

These seditious words are from the '24 DoD Manual for Courts-Martial: "It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful or a person of ordinary sense and understanding would have known the orders to be unlawful." (II-136)

Peter M. Shane @petermshane.bsky.social · 11d

AFAIK, no law bars the release of files relevant to open law enforcement investigation. It’s a norm DOJ has usually tried to follow but not always, e.g., the release of EPA investigation files that led to the firing of Rita Lavelle. Another norm is not shielding exec branch wrongdoing from Congress.

Peter M. Shane @petermshane.bsky.social · 12d

If Trump now supports a House vote to release all Epstein files, why not just release them?

Peter M. Shane @petermshane.bsky.social · 13d

Siri, what’s a four-word euphemism for ‘corruption?’”

Peter M. Shane @petermshane.bsky.social · 14d

I am mystified by the fierceness of Trump's behavior on the Epstein files. So many Trump misdeeds have produced only yawns or disbelief from his base. Sic-cing Pam Bondi on Democrats will only keep the story in the news. Stonewalling just reinforces speculation there is something terrible to hide.

Peter M. Shane @petermshane.bsky.social · 17d

And we thought the snowflakes were in DC

Corinne Blalock @corinneblalock.bsky.social · 17d

you guys, there are flurries in Brooklyn.

Reposted by Peter M. Shane

Corinne Blalock @corinneblalock.bsky.social · 17d

you guys, there are flurries in Brooklyn.

Peter M. Shane @petermshane.bsky.social · 18d

If you think it was a Dem victory to prevent a Trump evisceration of the Government Accountability Office, a reminder: The 15-year term of the current head of GAO, the Comptroller General, ends in December. Not holding my breath for any Trump-appointed successor to hold Trump to account.

Peter M. Shane @petermshane.bsky.social · 19d

Well, the agency is called ICE, no?

Peter M. Shane @petermshane.bsky.social · 19d

When Hakeem Jeffries was asked if Mamdani would be the face of the party, the competent answer would have been, "The Democratic Party has and will continue to have many 'faces.' Our vision for the future will be pluralist, accommodating different policy agendas in different parts of the country."

The New York Times @nytimes.com · 19d

In competitive primaries around the U.S. next year, candidates will decide the Democratic Party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision for the future.