To put a finer point on it: An "illegal order" is one that violates their oath to uphold the Constitution of the United States. If you think that upholding the Constitution = sedition, well...you do the math.

Them: “You don’t have to obey illegal orders.” Him: “That’s seditious! They should be hanged!” Definitely not beating the giving-illegal-orders allegations.

Them: “You don’t have to obey illegal orders.” Him: “That’s seditious! They should be hanged!” Definitely not beating the giving-illegal-orders allegations.

Well done, @theharvardcrimson.bsky.social. 💯. No notes.

Same energy.

If you'd like to read a better account of the separation of powers—understood as a political architecture rather than a legalistic doctrine—check out @trivesbell.bsky.social's wonderful new book.

Make Impeachment Great Again

When teaching First Amendment jurisprudence in my con law class, I usually tell students that it would be *very* difficult for a public official to violate the Brandenburg incitement standard. President Trump seems intent on proving me wrong.

If you'd like to read a better account of the separation of powers—understood as a political architecture rather than a legalistic doctrine—check out @trivesbell.bsky.social's wonderful new book.

Apropos of nothing in particular, today I'm thinking about the article of impeachment that the House of Representatives contemplated in 1868.

Seems like a good day to recall Teddy Roosevelt's reflections on patriotism.

Not too long from now, we will look back on these strikes as we today view the torture at Abu Ghraib: heinously immoral conduct done in the name of national security & enabled by legal & constitutional arguments designed only to justify a predetermined conclusion. www.nbcnews.com/politics/nat...

👇🎯 And not too long from now, we will be told we need to move on & none of the people involved in committing these heinously immoral crimes will go to jail or suffer consequences at all. So, as with all of the awful & illegal things since 1865 in 🇺🇸 politics, they will happen again in the future.

Good work if you can get it!

Not too long from now, we will look back on these strikes as we today view the torture at Abu Ghraib: heinously immoral conduct done in the name of national security & enabled by legal & constitutional arguments designed only to justify a predetermined conclusion. www.nbcnews.com/politics/nat...

Use common sense.

Nuzzi took out Cloudflare too?

I don’t want to ruin the jaw dropping twist at the end of this piece, written by Ryan Lizza about Olivia Nuzzi. Just read it.

Give these kids a Pulitzer.

Give these kids a Pulitzer.

Epstein Emails Reveal a Lost World of Private Jet Travel Unencumbered by Government Regulation - Tomorrow in the @nytimes.com

Epstein Emails Reveal a Lost World of Private Jet Travel Unencumbered by Government Regulation - Tomorrow in the @nytimes.com

Why must you persecute me?

The Founders were so concerned about bribery that the Constitution forbids it three separate times. Two emoluments clauses ban officials—unambiguously including the president—from accepting things of value, plus bribery is the only named impeachable offense besides treason. Unprecedentedly corrupt.

Important to remember: If the worst of the Epstein stuff had already been released, there would be no reason for Trump to keep fighting it. If he’s trying to stop it, there’s a reason why.

RGCS Lectures by PPE speakers S Ingham, The Democrat’s Dilemma K Elliott, Democracy for Busy People K Vallier, From Counter-Reformation to Counter-Revolution R Muldoon, Harnessing Diversity, Dynamism, & Discovery M Schwartzberg, Constitutionalism & Local Knowledge www.youtube.com/playlist?lis...

Important to remember: If the worst of the Epstein stuff had already been released, there would be no reason for Trump to keep fighting it. If he’s trying to stop it, there’s a reason why.

Just rawdogged "semiquincentennial." No dictionary. No spellcheck.

Thank you to the editors of the Harvard Law Review and to many commentators. harvardlawreview.org/print/vol-13...

Important—and sobering—findings about the state of the discipline and the academy.

* the promise of a vote in a single chamber the result of which we already know

Every tush push is a policy failure.

Remarkable that these pardons were announced the same day that a federal judge published this piece.

Remarkable that these pardons were announced the same day that a federal judge published this piece.

The language of this pardon is extremely broad. It includes “all United States citizens for conduct relating to the advice, creation, organization, execution, submission, support, voting, activities, participation in, or advocacy for or of any slate or proposed slate of Presidential electors…”

Bar discipline is one of the most important fora for this fight. It's really important to make it clear to the next generation of would be Eastmans and Chesebros that if they do this stuff they probably will not practice law again.

Chesebro, Clark, Eastman, Giuliani, Meadows, Powell, and 71 others.

40 day government shutdown for the promise of a vote in a single chamber on ACA subsidies?

🎉🥳 Coming soon, with @trivesbell.bsky.social.

There are 280M Americans in households making less than $200k. ~80% of those are adults. It would cost $450 billion to give each of them a $2,000 check. Treasury claims it's collected $200B in 2025.

Way-too-early 🔥 take: Shapiro-Spanberger would be a formidable ticket in '28.

🎉🥳 Coming soon, with @trivesbell.bsky.social.

Sometimes it helps to take a step (or two) back and get a sense of the big picture.

If you thought the last decade of American politics was mind-numbingly stupid, just wait till Hegseth-Greene 2028.

Neal Katyal is very good at his job.

Alito to Katyal, eliciting laughter from the other justices: “I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the nondelegation argument.”

Neal Katyal responding to Kavanaugh: "In fact, we have a Marshall McLuhan moment here…" First Woody Allen reference in SCOTUS history?