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Jeffrey Vagle@jvagle.me |
914 followers 551 following 3591 posts
Law professor | Privacy, cybersecurity, technology ethics, national security | Veteran | There is music yet to play | tractatus.org
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Brendel
@brendelbored.bsky.social
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There’s so much of this shit with people in Trumps orbit. Stephen Miller once ran in the middle of a girls track meet to go “I am a man, I am better at sports”. No point to any of it except to be an awful human being.
19 replies 45 reposts 254 likes
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Laura Seay
@texasinafrica.bsky.social
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!!!
5 replies 22 reposts 124 likes
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Stephen Webb
@stephenwebb.bsky.social
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Props to the AP for a headline that contains the whole story
apnews.com/article/trum...
7 replies 83 reposts 303 likes
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Willie Fitzgerald
@williefitz.bsky.social
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TRUMP: I am going to drop daisy-cutter bombs on Seattle just cuz BIDEN: I'll have the Bob Salad — ha, COBB Salad, whoops. NYT: Biden's Gaffe Sends Shockwaves Through Democratic Party; Trump Pledges Infrastructure Changes to Northwest
11 replies 467 reposts 1433 likes
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Jeffrey Vagle
@jvagle.me
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As Douglas Adams wrote, "anyone who is capable of getting themselves made president should on no account be allowed to do the job."
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evacide
@evacide.bsky.social
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What you need to understand about the World Wide Web in 1994, is that it was incredibly ugly: www.fastcompany.com/91140068/how...
21 replies 34 reposts 128 likes
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Moira Donegan
@moiradonegan.bsky.social
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#Metoo ruined lives: the women’s. For the summer issue of Bookforum, I wrote about Christine Blasey Ford’s memoir “One Way Back,” the aftermath of disclosure, and what it means to be a public survivor when storytelling has proven futile. www.bookforum.com/culture/disp...
8 replies 166 reposts 618 likes
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David
@finagle-a-hegel.bsky.social
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Jesus christ almighty. Her father wrote to Brett's to express gratitude that the confirmation went through.
12 replies 85 reposts 367 likes
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Don Moynihan
@donmoyn.bsky.social
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There was no GOP party platform in 2020, and Trump wants to shrink the proposed 2024 one. He opposes providing detail on how radical his second term will be because he knows its unpopular. Make no mistake: Project 2025 was written by Trump appointees & loyalists. Its their shared agenda.
24 replies 152 reposts 441 likes
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Julian Sanchez
@normative.bsky.social
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I don’t know anything about project 2025 or who’s behind it (i.e. several of my top advisors), but also here’s my take on its contents…
3 replies 5 reposts 27 likes
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Daniel Gilmore
@gilmored85.bsky.social
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There’s no excusing the ways that news media constantly tries to help launder Trumps lies, but after nearly ten years on the scene, we should understand that a lot of voters get that Trump is a notorious liar and that Democrats will be eager to remind them of that every chance they get.
3 replies 13 reposts 40 likes
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Seth Cotlar
@sethcotlar.bsky.social
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Johnny McEntee, one of Trump's most loyal deputies who is in regular contact with him, is literally one of the people collecting resumes for staffers who would implement Project 2025. Shame on any journalistic outfit who takes this "truth" at face value.
28 replies 197 reposts 590 likes
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southpaw
@nycsouthpaw.bsky.social
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Arrogating decisions to yourself whenever your evening dose of Fox News convinces you that Trump needs protecting isn’t “statesmanship;” it’s being functionally pro-Trump.
5 replies 18 reposts 195 likes
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Jeffrey Vagle
@jvagle.me
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I'd like to know how many votes the ventriloquist act in North York received.
0 replies 0 reposts 1 likes
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Worst of the New York Times
@nytimes.wtf
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In case you're curious where the Heritage Foundation's warning that we were in the midst of a "second American revolution" that would only remain "bloodless" if the left allowed it to be ran... page 20
4 replies 45 reposts 141 likes
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Ann M. Lipton
@annmlipton.bsky.social
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This is marvelous. Class action alleges Walmart systematically puts one price on the shelf, and charges a little more at the cash register. Walmart claims consumers can see the prices actually charged, so no harm. CA7 rejects.
www.law360.com/securities/a...
10 replies 72 reposts 179 likes
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Jeffrey Vagle
@jvagle.me
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US elections need more ventriloquist acts.
0 replies 0 reposts 2 likes
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Jeffrey Vagle
@jvagle.me
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Did you get a Go or No Go from the TACs?
1 replies 0 reposts 2 likes
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Joshua Foust 🪖🎮
@joshuafoust.com
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Still weird this very plain spoken call to mass violence isn’t dominating coverage!
2 replies 23 reposts 48 likes
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Tahar 🇺🇦 🇵🇸 🇺🇳 🇪🇺
@rochaa.bsky.social
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No one—I repeat, NO ONE is contesting the outcome of the elections in the UK. Conservatives, who took a hell of beating, are talking about learning from their mistakes & promise to work harder to earn the trust of the voters. That’s something that has become rare in our country
2 replies 3 reposts 15 likes
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Karl Bode
@karlbode.bsky.social
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the consolidated, center-right billionaire owned press continues to shift the editorial overton window rightward and if you can't see it you're either complicit or oblivious
37 replies 191 reposts 933 likes
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Christopher Federico
@cmfederico.bsky.social
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Big victory for Labour — so big that the NYT just gave Sir Keir his own version of ‘Joe Biden Is Old’
42 replies 137 reposts 613 likes
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Jeffrey Vagle
@jvagle.me
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Freedom, freedom, freedom, Oy!
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Jeffrey Vagle
@jvagle.me
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This guy successfully managed two theaters of war on opposite sides of the planet, dealt with serious logistics and mobilization challenges, all while dealing with difficult people like Churchill, Stalin, and MacArthur.
0 replies 0 reposts 4 likes
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Don Moynihan
@donmoyn.bsky.social
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Man, if it turns out that the right winger telling NY Times readers that they should follow his example and not vote did in fact vote in the last two elections, the Times should add this to the piece. Better than a retraction, since it illustrates a willful hypocrisy.
41 replies 317 reposts 1605 likes
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Timothy Burke
@bubbaprog.ilovecitr.us
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1. The guy who wrote the "don't vote" essay says we're obligated as Americans to root for the Michigan Wolverines
www.nytimes.com/2022/12/08/o...
2. he lives in 3 Rivers, MI & says your vote doesn't matter "even in municipal races." I found EIGHT elections in the past 10y decided by 1 vote there
25 replies 110 reposts 570 likes
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Seth Cotlar
@sethcotlar.bsky.social
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When I first saw this I thought "no, that can't possibly be true." But alas, the Times did indeed choose today of all days to publish a right winger's recycled piece about how they don't vote, failing to mention that the author basically thinks absolutist theocracies are cool.
15 replies 81 reposts 370 likes
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Don Moynihan
@donmoyn.bsky.social
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Why I Don't Vote (OK, I Do Vote, but I Would Like to Discourage You, NY Times Reader, For Doing So For Some Reason)
Via @bubbaprog.ilovecitr.us
40 replies 608 reposts 2059 likes
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David M. Perry
@lollardfish.bsky.social
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CNN fact checked whether I in fact caught walleye while wearing a specific hat more thoroughly than the NYT checked whether the “I dont vote” guy actually voted.
14 replies 154 reposts 978 likes
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Jeffrey Vagle
@jvagle.me
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And a Happy Independence Day to the brigades from ME, NH, VT, MA, RI , CT, NY, NJ, DE, PA, WV, OH, MI, and MN who threw the secesh back from whence they came.
0 replies 1 reposts 3 likes
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Jeffrey Vagle
@jvagle.me
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Happy Independence Day, especially to the men of the 20th Maine.
0 replies 1 reposts 1 likes
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Jeffrey Vagle
@jvagle.me
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Has he no trilby stage?
0 replies 1 reposts 4 likes
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Jeffrey Vagle
@jvagle.me
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The president is presumably immune. And under the UCMJ, the soldier has a *duty* to disobey the manifestly unlawful order, so they do not face any liability either, right? Do you think a president like Trump would allow for that?
0 replies 0 reposts 1 likes
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Jeffrey Vagle
@jvagle.me
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Does the possibility of presidential pardons eliminate this process? That depends on the nature and timing of the pardons, I suppose. But what happens to the soldier who refuses to follow a manifestly unlawful (i.e., a war crime) order from a future president?
1 replies 0 reposts 0 likes
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Jeffrey Vagle
@jvagle.me
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A July 4 thread on the UCMJ, a duty to obey/disobey unlawful orders, and the effects the Trump v. US decision might have on military decision making.
0 replies 1 reposts 1 likes
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Jeffrey Vagle
@jvagle.me
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By eliminating criminal liability for official acts, the Roberts Court has created a dangerous moral hazard: A president can issue unlawful/criminal orders to the military, and all of the subsequent risk is borne by the individual soldiers. This encourages recklessness in a president.
1 replies 0 reposts 0 likes
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Jeffrey Vagle
@jvagle.me
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So which path does this framework encourage a soldier to take? It seems that there's less risk to the soldier if they just follow orders. But we've seen where this path can lead.
1 replies 0 reposts 0 likes
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Jeffrey Vagle
@jvagle.me
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Thus, unless the orders constitute a defined war crime, a soldier must either obey those orders (risking possible liability), or disobey those orders (also risking possible liability). In the latter case, a military court decides on the lawfulness of the original orders.
1 replies 0 reposts 0 likes
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Jeffrey Vagle
@jvagle.me
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But if you're reading carefully, you might notice there's something missing from this analysis: If there is a duty under the UCMJ to follow lawful orders, is there a reciprocal duty under these rules to disobey *un*lawful orders? The answer is no, unless those orders are "manifestly unlawful."
1 replies 0 reposts 0 likes
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Jeffrey Vagle
@jvagle.me
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Some Vietnam era cases met this standard, so the "just following orders" defense was not given to the jury as an option. See U.S. v. Griffen, 39 C.M.R. 586 (1968).
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Jeffrey Vagle
@jvagle.me
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"...so that a man of ordinary sense and understanding would know as soon as he heard the order read or given that it was illegal, will afford no protection for a homicide, provided the act...has all the ingredients in it which may be necessary to constitute the same crime in law.”
1 replies 0 reposts 1 likes
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Jeffrey Vagle
@jvagle.me
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From AmJur Homicide: "But an order which is illegal in itself and not justified by the rules and usages of War, or which is, in its substance, clearly illegal..."
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Jeffrey Vagle
@jvagle.me
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What reaches this level of egregiousness? Mainly war crimes as defined in military field manuals.
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Jeffrey Vagle
@jvagle.me
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One def: “Under this rule, the law presumes that the soldier obeys unlawful orders because he mistakenly believes, honestly and reasonably, in their lawfulness. This presumption is rebutted only when the acts ordered were so egregious as to carry their wrongfulness on their face."
1 replies 0 reposts 0 likes
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Jeffrey Vagle
@jvagle.me
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This is the "just following orders" defense, which is a valid defense under the UCMJ unless the orders were "manifestly unlawful." So what does "manifestly unlawful" mean, and how do military subordinates recognize it as such?
1 replies 0 reposts 1 likes
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Jeffrey Vagle
@jvagle.me
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The current rule holds that "It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful or a person of ordinary sense and understanding would have known the orders to be unlawful.” Rule for Courts-Martial 916(d)
1 replies 0 reposts 0 likes
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Jeffrey Vagle
@jvagle.me
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Thinking more about UCMJ, IHL, etc., re the Trump v. US holding, esp. in questions of law governing unlawful orders.
2 replies 0 reposts 4 likes
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Matt Gabriele
@profgabriele.com
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Matthew Walther is a tradcath weirdo who absolutely welcomes authoritarianism
3 replies 11 reposts 78 likes
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Blake E. Reid
@chup.blakereid.org
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Fantastic post from @rtushnet.bsky.social in what I’m conceiving of as The Context-Specific First Amendment (an area where we’re still doing actual law, for now)
0 replies 3 reposts 5 likes
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Jeffrey Vagle
@jvagle.me
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So much glorious facial hair in that film.
0 replies 0 reposts 1 likes