I guess we’re at the point of possible derivative litigation against the White House historical association lol

What a great post here. Getting a bunch of folks to talk to each other honestly about some intellectual priors. Bluesky is good, actually

Dinos against taxation without representation

lol two AUSAs from EDNC versus Michael Dreeben is like Moldova trying to fight Russia

Yeah this. He’s assumed both tax and spend powers.

The kids are not alright

I grew up on the Post. We got it every morning at my childhood house. It was the first news subscription I ever bought. I cancelled my subscription yesterday. One, I can’t in good faith support this kind of editorial position. Two, hollowing out news means the Post keeps me less informed. Bye, Post.

Two guns and drugs prosecutors from EDNC are unprepared for the amount of paper they’re going to get on the rocket docket. Motion for bill of particulars now one of many motions, on top of CIPA, vindictive and selective prosecution, etc Not much CIPA in EDNC!

Yeah it’s hilariously bad faith. Wurman and his fellow travelers were cheering along every “ultra vires” claim that America First Legal brought against Biden qua President, but now all of a sudden there was never equitable jurisdiction for such claims in the first place? Come on.

Meeting the lonely boys where they’re at to make them even sadder, lonelier, and angrier.

I think frequently in this historical moment of the late Judge Silberman’s concurrence in Swan v Clinton, insisting his response to a lawless Clinton administration would be to head to the courthouse’s metaphorical (or perhaps literal?) “basement or [] barricades”

Brief story on clerking and judicial writing. Before drafting, I/we always thought about our audience. Brief legalese for simple issues, because only the parties would read the opinion. Slightly more abstruse writing for closer issues, because then the audience includes the court of appeals 1/

I’ve made it through about 2/3 of the opinion, skipping forward at places, and this is among the best judicial writing I’ve read, and should be considered, in my lowly opinion, some of the best legal writing of this century

Really bad. Concludes Congress has restricted judicial review where the President refuses to spend funds appropriated by Congress. Much worse than a line item veto. Continues to make Article I subordinate to Article II.

Which is why one of the many pretrial motions will focus on whether the grand jury proceedings were tainted (tho below selective and vindictive prosecution)

This is right! We don’t often make exceptions for federal officials in state laws of generally applicability. New York can absolutely pass a law tomorrow that bars law enforcement from jaywalking, but would still be barred from *enforcing* that law against an FBI chasing a bank robber.

It’s funny insofar as Maggie could not be more different. She’s actually been a state and federal prosecutor.

Moment of peace at the doggo park for my five followers who are not bots

I got to know Maggie relatively well a decade ago, before her move to Culpeper. I knew her as a principled, smart, and compassionate conservative active in northern Virginia Republican politics. Her umbrage at a false accusation of involvement in the insurrection was well founded. A good choice here

Fam myself and I’m sure tons of other big law have spent the last eight hours writing pitches and strategizing APA+ challenges

This is indeed exceptionally rare. I don’t know if I’ve seen this happen sua sponte for a complaint written by a lawyer. And motions to strike even portions of a complaint per Rule 8 are exceptionally rare, and I don’t recall having seen one granted. Only in the pro se context. This is something…

This AUSA is also a star at USAO-DC. Dude rolled up a nationwide fentanyl distribution network. Yet another insult to career prosecutors to have him handle something like this.

Indeed. Authoritarianism succeeds where it makes democratic backsliding seem an anodyne fait accompli.

To my 10th grade English teacher: sometimes, comma splices are super effective!

Also buys hook, line, and sinker post-truth narrative of crime the administration is selling: “forget the fake numbers; how safe do you *feel*” Also also, the alleged perpetrator was *immediately caught* a couple blocks away, and the gunshots were from a poorly trained Metro (not MPD) officer.

notable that they're about a block from where "big balls" was purportedly assaulted

The vast majority of the DDC bench have been DC citizens for a super long time. The administration’s assault on the District’s sovereignty also degrades all Washingtonians’ self-determination, this bench included.

Classic ACR to say that we’re here because “a DOGE employee was out at 3 o clock in the morning” and got beat up by a couple teenagers.

Good on the Mayor and AG Schwalb. Minimum escalation required. The Chief will refuse an order from the emergency commissar, and the ball will be in AG Bondi’s court on whether to sue.

I’m very interested in the geographical distribution of federal resources here. So far, we’ve seen them in highly visible places for tourists (here, the mall), Georgetown (affluent dems), and 14th street corridor (similar). I’ve seen nothing in upper NW (where I live). Will a pattern reveal itself?

Grossly unlawful and an assault on Washingtonian’ sovereignty. Home rule aside, Article I vests Congress with exclusive oversight over the District. Where is our mayor?

“No no, the government speech doctrine means YOU can’t sue US. We have inviolable speech rights that *checks notes* deletes the Free Speech Clause”

He’s really been distinguishing himself over the past couple years as an excellent SCOTUS nominee. Careful, intellectual without being abstruse, and crisp writing for multiple audiences.

Ah yes, the crime ridden streets of *checks notes* Georgetown? I think I saw someone litter recently? Activate the anti-litter DEA task force!

On the one hand, too many kids are taking folks’ cars at gunpoint. On the other hand, carjackings are not license for further degrading what little popular sovereignty Washingtonians exercise over their hometown.