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Quinta Jurecic
@qjurecic.bsky.social
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Incredibly, if you make this argument today you will still be accused of overreacting
3 replies 23 reposts 100 likes
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Quinta Jurecic@qjurecic.bsky.social |
10886 followers 734 following 3002 posts
I write about law, democracy, and the internet. I'm a senior editor at Lawfare, a fellow at the Brookings Institution, and a contributing writer at The Atlantic and the Washington Post's Book World. It's KWIN-ta.
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Quinta Jurecic
@qjurecic.bsky.social
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Incredibly, if you make this argument today you will still be accused of overreacting
3 replies 23 reposts 100 likes
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ryan cooper
@ryanlcooper.com
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"viewing Trump as something like a fascist leader foresaw the violence of January 6th as a live possibility, while its critics mocked the notion as mere hysteria. Whatever its shortcomings, “Trump as fascist” remains the best guide to what Trump will try to do next"
3 replies 31 reposts 166 likes
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Nate Schenkkan
@nateschenkkan.bsky.social
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It’s demoralizing & demobilizing to speculate about extreme scenarios, even if they are plausible in a long enough timeline. Focus instead on what you can do to prevent them: building coalitions (including with those who you disagree with on other issues) & acting in solidarity
0 replies 13 reposts 33 likes
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Nate Schenkkan
@nateschenkkan.bsky.social
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Stuff takes time. Pick your example—Hungary, Turkey, Russia, wherever—they are all quite distinct and didn’t get that way in a vacuum or overnight. Focus on the next thing rather than the hypothetical drawn from a different context.
4 replies 7 reposts 43 likes
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Nate Schenkkan
@nateschenkkan.bsky.social
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I think it is wise and productive for people to take seriously the idea we are in a constitutional crisis in America. I don’t think it is wise or productive to assume what happens next is like what happens in semi consolidated or consolidated authoritarian systems.
4 replies 23 reposts 93 likes
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Jonathan Bernstein
@jonathanbernstein.bsky.social
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The best argument against Biden resigning.
4 replies 30 reposts 130 likes
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Quinta Jurecic
@qjurecic.bsky.social
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Thanks. I pointed to this “hypo” because it was raised repeatedly during oral arguments at the dc circuit and scotus and is helpful in identifying the boundaries of what the Court’s ruling allows.
0 replies 0 reposts 6 likes
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Quinta Jurecic
@qjurecic.bsky.social
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Do you think it is bad?
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Quinta Jurecic
@qjurecic.bsky.social
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I’m comfortable saying that is extremely bad.
2 replies 1 reposts 11 likes
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Quinta Jurecic
@qjurecic.bsky.social
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If you want to say that there has long existed a state of exception in confined circumstances, along the lines of Mbembe’s necropolitics, I have no disagreement with that. I would argue that this opinion is the motion of the exception swallowing the rule.
1 replies 0 reposts 14 likes
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Quinta Jurecic
@qjurecic.bsky.social
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Yes, my point is that this is an expansion beyond the protection that the Al-awlaki olc opinion provides
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Quinta Jurecic
@qjurecic.bsky.social
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Additionally, isn’t there a significant distinction between absolute or presumptive immunity for conduct and whether the conduct is legal/whether an advice of counsel defense is available?
1 replies 0 reposts 4 likes
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Quinta Jurecic
@qjurecic.bsky.social
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I haven’t thought deeply about the public authority exception, but I’m comfortable saying that this opinion goes far beyond that. What’s your view?
2 replies 0 reposts 6 likes
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Quinta Jurecic
@qjurecic.bsky.social
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Ah but do those statutes specifically name the President
3 replies 0 reposts 12 likes
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Quinta Jurecic
@qjurecic.bsky.social
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Foreign affairs power, commander in chief power, absolutely or presumptively immune
6 replies 3 reposts 64 likes
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Quinta Jurecic
@qjurecic.bsky.social
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It’s not clear, imo.
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Quinta Jurecic
@qjurecic.bsky.social
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yup
2 replies 0 reposts 22 likes
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Quinta Jurecic
@qjurecic.bsky.social
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And of course he'll be impeached and removed
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Quinta Jurecic
@qjurecic.bsky.social
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definitely not. SOTU is a core presidential power under the constitution. in fact, if he wanted to be really safe, he could order the assassination during SOTU as part of the remarks
1 replies 1 reposts 20 likes
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Quinta Jurecic
@qjurecic.bsky.social
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it says a great deal that roberts has time in his majority opinion to mock the dissents for their "tone of chilling doom" but can't actually manage to rebut this hypo. because he can't
8 replies 20 reposts 143 likes
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Quinta Jurecic
@qjurecic.bsky.social
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also, the order to have the rival killed is itself an official act (directing the military, commander in chief power) so you can't introduce evidence of that even if you could somehow find a way to prosecute the assassination
2 replies 7 reposts 70 likes
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Quinta Jurecic
@qjurecic.bsky.social
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how do you rebut presumption of immunity? nobody knows. but you can't consider the president's motive in rebutting it or the fact that murder is against the law. doesn't matter if president says to his advisors "I would like to kill rival because I hate them." inadmissible
4 replies 10 reposts 70 likes
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Quinta Jurecic
@qjurecic.bsky.social
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let's do the seal team six hypo. president orders st6 to assassinate a political rival bc rival is a threat to national security. possible this is absolutely immune under pres's commander in chief power. if it's not, then it gets presumptive immunity (which may be absolute anyway)
10 replies 15 reposts 110 likes
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Evan Bernick, a finite mode with a floof
@evanbernick.bsky.social
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Some Robert Cover to consider in light of some recent decisions
1 replies 5 reposts 16 likes
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Quinta Jurecic
@qjurecic.bsky.social
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if your instinct is "calm down, surely this is an exaggeration," allow me to assure you that it's really not
4 replies 104 reposts 323 likes
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David Noll
@david.noll.org
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"Don't worry, if the president imprisons his political enemies, you can still get a writ of habeas corpus." "But to prove that's why you've been imprisoned requires proof of..." "Presidential motive!" "And under Trump v US, presidential motive is..." "Inadmissible!"
14 replies 148 reposts 580 likes
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Media Matters for America
@mmfa.bsky.social
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Heritage Foundation president celebrates Supreme Court presidential immunity ruling: "We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be" www.mediamatters.org/project-2025...
242 replies 550 reposts 1028 likes
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Quinta Jurecic
@qjurecic.bsky.social
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Exactly!
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Quinta Jurecic
@qjurecic.bsky.social
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Who knows! It’s not clear! www.lawfaremedia.org/article/a-de...
2 replies 1 reposts 7 likes
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Quinta Jurecic
@qjurecic.bsky.social
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out of curiosity, what would the process look like here? sentencing on sept 18, then assuming he gets prison time (I defer to you on the likelihood here), how quickly does he appeal/are you thinking he wouldn't be allowed out on appeal?
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Kate Shaw
@kateshaw.bsky.social
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The more you read yesterday’s immunity decision, the more appalling it gets. My take:
www.nytimes.com/2024/07/02/o...
25 replies 255 reposts 933 likes
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Lawfare
@lawfare.bsky.social
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The Supreme Court’s decision in Trump v. United States would have been wrong and dangerous at any time. It’s uncommonly so with Trump poised to retake power, write @qjurecic.bsky.social and Benjamin Wittes.
www.lawfaremedia.org/article/a-de...
3 replies 18 reposts 54 likes
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Quinta Jurecic
@qjurecic.bsky.social
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www.lawfaremedia.org/article/a-de...
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Joshua J. Friedman
@joshuajfriedman.com
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NEW: Judge Merchan postpones Trump's sentencing till September (via Frank G. Runyeon, Law360)
20 replies 42 reposts 117 likes
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Quinta Jurecic
@qjurecic.bsky.social
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agreed, but none of them, including roberts, actually explain why the hypo is wrong!
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Quinta Jurecic
@qjurecic.bsky.social
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right, grewal is the only person I could find weighing in!
2 replies 0 reposts 13 likes
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Quinta Jurecic
@qjurecic.bsky.social
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along similar lines, has anyone actually explained *why* the seal team six hypo is ruled out by the majority opinion? all I've seen is right-leaning law profs mocking everyone who raises the issue. but nobody has explained why a president wouldn't be immune for assassinating a rival
38 replies 57 reposts 362 likes
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Paul Tobin
@paultobin.bsky.social
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Look, I'm willing to try anything at this point.
37 replies 892 reposts 2998 likes
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Quinta Jurecic
@qjurecic.bsky.social
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posting this since I distributed the original quote without context, which i have now deleted! sorry yall.
2 replies 14 reposts 102 likes
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Quinta Jurecic
@qjurecic.bsky.social
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ah damn thanks for the catch. deleting.
1 replies 0 reposts 4 likes
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Quinta Jurecic
@qjurecic.bsky.social
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there have been a lot of dunks on critics but not a lot of substantive support for the ruling, agreed
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Quinta Jurecic
@qjurecic.bsky.social
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also, from sotomayor's trump v us dissent
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Quinta Jurecic
@qjurecic.bsky.social
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the repeated citations to Trump v Hawaii were what really sent me round the bend. the sheer smugness of it!
5 replies 12 reposts 113 likes
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Quinta Jurecic
@qjurecic.bsky.social
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chin up, the trump immunity decision might create problems for these bar discipline cases as well! :)))
1 replies 0 reposts 17 likes
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Joshua J. Friedman
@joshuajfriedman.com
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NEW: Rudy Giuliani has been disbarred in New York www.nycourts.gov/courts/ad1/c...
54 replies 253 reposts 1406 likes
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Quinta Jurecic
@qjurecic.bsky.social
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The twist is that the official maga line now is that pandemics are nbd. William Scheuerman had a good article about how this complicates viewing trump as a fascist/schmittian (I still think he is, fwiw) verfassungsblog.de/schmittian-i...
1 replies 0 reposts 6 likes
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Kevin Elliott
@kjephd.bsky.social
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This is why the fascism skeptics who emphasize the weakness of Trumpism have a point: the lack of persistent nationwide crises has made it difficult for the movement to co-opt widespread fear--so they have to gin it up out of whole cloth, which is an uphill battle in ~peaceful prosperous conditions.
3 replies 7 reposts 40 likes
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Quinta Jurecic
@qjurecic.bsky.social
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Today’s weather forecast is a polar night of icy darkness and hardness
2 replies 1 reposts 46 likes
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emptywheel
@emptywheel.bsky.social
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Folks should read
Jackson Reffitt's puzzlement about how Trump can be immune.
So many judges who presided over Jan6 cases, including some Trump appointees, have talked about accountability for those who duped Jan6ers into throwing their lives away.
www.thedailybeast.com/i-turned-in-...
5 replies 35 reposts 112 likes
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Mike Masnick
@mmasnick.bsky.social
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Okay, folks, who is putting together the list of the funniest crimes that Biden should be committing between now and election day to highlight the absurdity of today's immunity ruling? Not the stuff like assassinations. Just stuff to make a point.
248 replies 93 reposts 569 likes