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becingber.bsky.social
Law prof at Cardozo Law. Former U.S. State Dept a few times over. Writes on international law, war powers and national security, presidential power and bureaucracy.
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Ukraine is Europe! We stand by Ukraine. We will step up our support to Ukraine so that they can continue to fight back the agressor. Today, it became clear that the free world needs a new leader. It’s up to us, Europeans, to take this challenge.

JD Vance 2/19/22: “I got to be honest with you, I don’t really care what happens to Ukraine one way or the other.” x.com/ronfilipkows...

NEW: Career DOJ spokesman — a Marine Corps vet — is resigning, saying “basic decency” has come to an end and there’s a “hostile and toxic work environment” inside DOJ. Reporting from NBC News:

The Trump admin has figured out that govt lawyers — even in many cases the very lawyers he himself chose in his first term — are the first line of defense against flagrant illegality.

Not everything is zero sum.

Riveting essay by Burt Neuborne on the 1973 case he argued involving the President's power to continue a bombing campaign without authorization from Congress, and the courts' power to stop him. The gist: "the universal understanding was that respect for the rule of law would compel compliance."

“There is a similar chill now in Washington. Every day someone who used to feel free to speak publicly against Mr. Trump says they will no longer let journalists quote them by name for fear of repercussions, both Democrats and Republicans.”

Amazing

“Rule of law” and “democratic norms” may feel abstract to some. But the President persecuting individuals for political purposes, browbeating the media, and empowering prosecutors to threaten people for political speech — this is exactly the stuff of our nightmares. This is not American.

"We want to put them in trauma." -Russell Vought

Statement from @abilaofficial.bsky.social "to express grave concern that ... the Trump Administration has taken and threatened actions that will fundamentally alter the United States role in the international legal order and impair the international legal order itself."

Have to assume they’ve all been considering the same question — about US

And imagine the not irrational terror that you would be left there forever.

Now up to 92 cases and counting.

We have now joined the ranks of pariah nations.

As an American international lawyer who has served my country for much of my professional life, I feel a responsibility to say, this does not speak for me.

This is crushing

FED. WORKERS: Thank you to everyone who has responded. I have data for ~40 agencies. I understand that some employees are waiting guidance and/or have not received instructions. If you receive new emails, please let me know. Anonymize anything sent. I'm deleting messages after reading.

We (@knightcolumbia) are launching a new research initiative on "Federal Funding and the First Amendment"--a topic that has suddenly become hugely significant. The call for proposals is here: knightcolumbia.org/blog/call-fo...

Essential questions for the future of international law:

This is where we are

Fascinating and extremely useful thread:

Strong and important statement by ASIL President Mélida Hodgson. Fair to say these views are shared broadly among ASIL leadership, myself included.

Exactly this. Courts are a critical check but they are far from a wholistic solution to a president seeking total power. What makes it to court is the tip of the iceberg of what happens inside the halls of power. (And there is no guarantee the courts won't rubberstamp some democratic backsliding.)

From across the pond, can confirm

This is pretty rich coming from an unelected official with unclear lines of authority or accountability who has asserted power to raze the government in violation of laws passed by actual elected officials, and who has hired his own mini me bureaucracy to do the same. But he raises a common myth--

This interview with the extraordinary @qjurecic.bsky.social is well worth your time. Grateful for her focus on Trump and Musk’s assault on the civil service, which I fear may be getting lost given all of the competing bids for attention.

Exactly this. It’s a phenomenon familiar to international lawyers — for many, law is only law if there’s a judge with a gavel and someone ends up in jail at the end of the day.

Holds up

"With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations." A re-read of Justice Jackson in Youngstown never fails to reward.