"The Trump administration will launch a program to find out how much money an artificial intelligence algorithm could save the federal government by denying care to Medicare patients... "It will affect patients in AZ, OH, OK, NJ, TX, and WA starting January 1..." www.nbcnews.com/health/healt...

Oregon v Trump Complaint intro: "stated basis for federalizing members of Oregon’s National Guard is patently pretextual" "violates the Posse Comitatus Act" "violate[s] the Tenth Amendment’s guarantee that the police power ... resides with the states" www.justsecurity.org/wp-content/u...

"When people fight back and they win, like Jimmy Kimmel did recently, I feel like it actually has a good effect." - @sarahlongwell25.bsky.social to @weissmann.substack.com

The correct answer is no, it violates the posse comitatus act.

A serious and sober discussion with Sarah Longwell about all things Comey and where we are as a country. Stay engaged podcasts.apple.com/us/podcast/g...

My theory is, they thought they could ride the Kirk stuff all the way home, they started all this final game fascist stuff rolling, and. They're too excited to stop it, even realizing the political capital went poof with Kimmel. Their blood got pumping and by God they're gonna try it

1/ With President Trump's sending military to Portland. Even if one accepts a President has "protective power" (as the Office of Legal Counsel historically does), that power is to be used only if test of necessity is met (as the Office of Legal Counsel admits).

🚨BREAKING: Pennsylvania Supreme Court RULES that election officials violated voter’s rights by rejecting mail-in ballots with technical errors without notifying voters. Voters must be given notice their ballots won’t count so they can challenge the disqualification or cast a provisional ballot.

2/2 Based on the FBI Arctic Haze Investigation, will be important to see if DOJ has specific evidence that Comey authorized Richman to be anonymous source. And how they deal with this: "Richman claimed Comey never asked him to talk to the media."

1/2 With ABC News reporting Count 1 in Comey Indictment is about Comey allegedly authorizing Daniel Richman (not McCabe) to be anonymous source to media. A problem for DOJ is Comey can claim Senator Cruz's poorly worded question conflated it with McCabe, so he thought was answering about McCabe:

My take on the Comey charges and the use of DOJ as a loaded gun. open.substack.com/pub/contrari...

Comey Indictment On the left: The 3rd charge that the jury rejected In the middle: The related Comey testimony Q&A with Senator Lindsey Graham. On the right: Durham Annex saying FBI already assessed Hillary Clinton "plan" re Russia in 2016 was not credible (likely Kremlin fabrication).

It’s not even a swearing contest. Both McCabe and Comey agree: They DID NOT discuss the leak before the article published. McCabe has said *he* authorized it, not Comey. Their recollections diverge on whether McCabe told Comey that he had authorized the leak AFTER the article published.

I suspect there is a third document that has the original three count indictment properly numbered; when the grand jury did not vote to proceed on all three charges, just two, the US Attorney hastily substituted a new signature page (now marked Count Two).

Important thing to know: Grand juries only hear one side of the story. The defense doesn’t cross examine witnesses or present a case. Good prosecutors are committed to the truth & doing justice. They don’t indict cases when the defendant can contradict their case.

Sen. Lisa Murkowski was the deciding vote to not release the Epstein files. Now the survivors are striking back.

Interesting timeline insight from Andrew Weissmann: James Comey has a right to a trial within 30 days.

Reupping this thread in light of the 2-page indictment of Comey.

One of the things we’ll talk about is the extremely unusual case of vindictive prosecution this raises. Trump has made quite a record.

Jen will have @weissmann.substack.com join us tonight. 9pmET in MSNBC

Trump is moving full steam ahead with his weaponization of the Justice Department, even signaling he could get involved in the DOJ’s investigation of Fmr. FBI Dir. James Comey, but says he chooses not to. MSNBC legal analysts Mary McCord & @kristygreenberg.bsky.social join The Weeknight to discuss.

IF this is the basis for a perjury charge it would be immediately thrown Bn out by a judge for deficiency. The court would not even have to reach vindictive and selective prosecution.

4/ Cruz also appears to fudge it in letter to DOJ. He described McCabe as having said Comey "approved—effectively authorizing the leak after the fact." What is that?? Comey supposed to know that's the meaning of authorized? And when McCabe had his own authority to disclose. Good luck with that.

3/ Also note the discrepancy in Senator Cruz's letter to DOJ referring this as a criminal matter. On left: At hearing, Cruz asked Comey whether he was aware AND authorized the leak On right: Cruz letter to DOJ falsely frames it as Comey testifying he NEITHER was aware NOR authorized the leak.

Comey's testimony in 2020 On the left: In hearing, Senator Cruz erroneously claimed McCabe had said Comey "directly authorized" leak to press. Comey denied that. On the right: Cruz was wrong. McCabe did not say Comey authorized the leak (source: Inspector General Report, on which Cruz relies)

DEVELOPING: Prosecutors have presented the U.S. Attorney for the Eastern District of Virginia with a memo arguing against charging former FBI Director James Comey.

🎃🎃

Jimmy Kimmel's Monologue now has 14.3 MILLION VIEWS on YouTube. It would be a shame for you to share it www.youtube.com/watch?v=c1tj...

TONIGHT: @kendilanian-nbc.bsky.social talks to @lawrenceodonnell.msnbc.com on The #LastWord at 10pm ET.

"Trump’s handpicked U.S. Attorney in Virginia is planning to ask a grand jury in the coming days to indict former FBI Director James Comey for allegedly lying to Congress, DESPITE prosecutors and investigators determining there was insufficient evidence to charge him." 🧵

2/ "Monthslong investigation ...failed to establish probable cause ... meaning that not only would they be unable to secure a conviction of Comey by proving the claims beyond a reasonable doubt, but that they couldn’t reach a significantly lower standard to secure an indictment, the sources said."

If you are Border Czar Homans, and you did NOT take the $50,000 in a paper bag, wouldn't you been screaming at the top of your lungs that you want the FBI tape of the transaction released publicly in order to clear your name? Yet he isn't doing that. Hmmmm......

If you want to understand what Robert F. Kennedy Jr. is really doing as secretary of health and human services—and the danger to which he’s likely exposing the American public—look back at what happened over three remarkable days last week.

2/ John Yoo describes "a broad, amorphous military campaign against the illegal drug trade, which would violate American law and the Constitution." Title: A Military Campaign Against the Drug Trade Would Be Unconstitutional www.washingtonpost.com/opinions/202...

John Yoo op-ed: "As an official in the Justice Department’s Office of Legal Counsel ... I advised that the U.S. could wage war against al-Qaeda without blurring the distinction between crime and war. ... The drug cartels alone do NOT present a similar challenge that rises to the level of war." 1/

Surely, White House lawyers know there is no legal authority to designate antifa as a domestic terrorist organization. And who has standing to challenge it?  Lawless, cynical PR stunt.  www.whitehouse.gov/presidential...

Whether they're blaming vaccines and Tylenol, or selling dubious "remedies," what they're really doing is promoting the perception that families (and especially mothers) can prevent and treat Autism. And thus also the perception that people with Autism and their families don't need social support.

Certiorari "before judgment" is how #SCOTUS takes up a full appeal *before* the intermediate federal courts have heard it. It used to be exceedingly rare. For instance, there wasn't a *single* grant of such expedited review b/w August 2004 & February 2019. This is the *23rd* such grant since then.

So. Would there be legitimate reasons for the Trump administration to decide not to charge Tom Homan for accepting a Cava bag with $50k in cash in exchange for the promise to influence the Trump administration? Actually, yes. /1

There is only one way to resolve this. RELEASE THE HOMAN TAPES!!!

Q: Did the president ask the DOJ to close the Homan investigation and does he have to return the $50,000 LEAVITT: Mr. Homan never took the $50,000, so you should get your facts straight ... you had FBI agents going undercover to try and entrap one of the president's top allies and supporters