walterolson.bsky.social
Writer on law etc.; Cato Institute. Election law, Maryland civic stuff, cooking. Blogged at Overlawyered back when. No kings, no tyrants.
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Philip Zelikow: "There is a straightforward answer to the question of why Trump's lawyers didn't mention this. Well, no one cites it because this part of Smoot-Hawley was superseded long ago....The office of the U.S. Trade Representative presumably knows this."
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Philip Zelikow: "There is a straightforward answer to the question of why Trump's lawyers didn't mention this. Well, no one cites it because this part of Smoot-Hawley was superseded long ago....The office of the U.S. Trade Representative presumably knows this."
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Meanwhile Trump has threatened people wearing masks -- if they are protesters, anyway
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Well, yes. Let’s make sure we don’t go back to those days.
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Yes, there are exceptions under the law for speech that constitutes a true threat or incitement or is part of a criminal scheme, but those are quite narrow. Don’t let him scare you into silence. /3, end
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Lyons should resign. This is America, and the First Amendment guarantees our right to speak critically about what the government is doing even if that happens to lead to “anti-ICE sentiment.” /2
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Americans have become indifferent to tear gas usage. While the sight of a civilian being beaten with a baton still upsets some (but not all) Americans, tear gas is viewed as less harmful. But, if you speak to people who've experienced both, many will say the tear gas was worse.
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[end of thread for now]
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At any rate, Somin concludes, this is a win for those who've insisted the Administration must follow the law: "even a possibly questionable prosecution in a court with proper due process is far better than deportation to imprisonment with no due process at all." /5 @cato.org
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Per ABC, a high-ranking prosecutor in the Nashville, Tenn. US attorney's office, where Abrego Garcia will be tried, recently resigned because he believes the indictment... was brought for political reasons." While that doesn't prove the charges are bogus, "it should heighten our suspicions." /4
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"We shall see whether [the newly filed] charges have any merit. Perhaps I am too cynical. But I suspect that if the Admin actually had strong evidence of extensive illegal activity by Abrego Garcia, they would have revealed it a long time ago, rather than keep on suffering legal and PR setbacks." /3
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So writes my colleague @ilyasomin.bsky.social who adds that as this "case shows, Trump could easily return these people to the United States simply by asking the Salvadoran government to release them, and making clear he means it. Courts should tolerate no more excuses on that subject!" /2