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❀°。der Siebenschläfer *.ﾟ✿ ⋆@sababausa.bsky.social |
788 followers 592 following 7015 posts
30-something Jewish 🇺🇸 🇦🇹 dual-citizen biologist patent lawyer who grew up in South Jersey, Delaware, and Geneva 🇨🇭. Now in Northern Virginia
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Just dreamscrolling properties for-sale in Europe where I can quit my job and abscond to become a kindly innkeeper, and behold this fairytale
www.sloveniaestates.com/vipava-valle...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Ppl remember 2016 as the But Her Emails campaign, but the emails narrative was part of a nebulous cloud of anti-Clinton narrative including the She Had A Cold story Even if there had never been an email server, there still would have been a media fix against Clinton
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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"Maybe it's not that bad" presumes future rulings in which federal courts cabin the reach of this one, but SCOTUS has of course left us with no reason to be sanguine
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Anyway, it's tempting to say maybe it's more complicated than it seems or in practice it's perhaps not that bad, but all indications are it is that bad "Under this ruling the president can freely accept bribes in exchange for federal pardons" is one of the things Sotomayor mentions in her dissent
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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"Could an FBI agent be prosecuted for following an illegal presidential directive?" hypos stemming from Trump v. US of course assume Donald Trump is somehow out of office and a future not-illiberal president wanted to pursue accountability
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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If the FBI agents say they were objectively & subjectively acting in good faith following a lawful directive, and then NY tries to subpoena Trump WH and/or DoJ officials to ascertain what the discussions had been, they can all say it's absolutely privileged & immune, relating to an official act
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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The problem is Roberts said a president's official act is not admissible as evidence in any circumstances. Suppose Trump orders the FBI to arrest Hillary Clinton & seize her Chappaqua home, says he'd fire anyone who refuses New York tries arresting the FBI agents, but can't prove improper motive
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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As for states prosecuting federal agents, it's held since the 1890s states can't prosecute federal agents so long as the agent "reasonably believed the act to have been necessary & proper under the circumstances"
See Idaho v. Horiuchi (9th Cir. 2000)(the Ruby Ridge case)
casetext.com/case/idaho-v...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Roberts said the power to pardon federal crimes & remove federal officials are the president's "conclusive and preclusive" authority, meaning he's absolutely immune for criminal acts in the form of pardons (eg, obstruction of justice), and failed to address whether a prior *promise* is immune too 🤷♂️
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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on-screen disclaimer: *ʀᴇᴍᴜɴᴇʀᴀᴛɪᴏɴ ɪɴ ᴇxᴄʜᴀɴɢᴇ ꜰᴏʀ ᴛʜᴇ ᴘʀᴏᴍɪꜱᴇ ᴏꜰ ᴀ ᴘʀᴇꜱɪᴅᴇɴᴛɪᴀʟ ᴘᴀʀᴅᴏɴ ɪꜱ ᴍᴇʀᴇʟʏ ᴀ ɢʀᴀᴛᴜɪᴛʏ ᴀɴᴅ ɪɴ ɪꜱ ɴᴏ ᴡᴀʏ ᴀ ʙʀɪʙᴇ.
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Does sound extremely fraught, and details are scant
The offense would be "wilfully misleading the parliament or the public" but not applying to "opinion, belief or future intention", and proposal would impose a penalty of a 4-year ban from Welsh parliament
www.theguardian.com/politics/202...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Bet Walter Nixon and the ghost of Alcee Hastings are kicking themselves they’d never considered arguing the judicial branch needs absolute immunity & privilege from criminal liability in official acts
www.chicagotribune.com/1986/02/10/u...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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"Gee I wonder if federal judges are partisan"
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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"The Court has no problem applying evenhanded principles of statutory interpretation in a case on whether willful violations of foreign bank account reporting requirements accrue on a per-report basis or per-account basis" is as vindicating as saying "Congress can pass Post Offices renaming bills"
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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"Everything" is a very high hurdle to clear, and not exactly exonerating of the Court's pattern of behavior (after all the Court handles many mundane not-so-partisan matters of statutory interpretation, resolving arcane circuit splits, etc.) "They behave predictable partisan" is 💯 true
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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😐
newrepublic.com/article/1834...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Except for the few states that do runoffs, in which case we get, e.g., $829 million pouring in two Georgia races to decide control of the US senate (that's the actual number)
www.opensecrets.org/news/2021/01...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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What a concept
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Incidentally, why should anyone identify Hans Heinrich Thyssen-Bornemisza as "the Baron"? He was born into his title under the Kingdom of Hungary, which has not existed since 1946. His title is "Mr.".
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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If you spend enough time around elite law professor and appellate lawyer circles, they are completely delusional about what they're doing
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Labour just gained 6 seats in Wales even though their % vote share was *down* 3.9% from the previous election
en.wikipedia.org/wiki/2024_Un...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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IIRC it's reliably reported O'Connor hoped to retire bc her husband had worsening dementia, but after Bush v. Gore she decided she must stay for a few more terms as to avoid the appearance she'd hand-picked a Republican president to choose her successor, and that she came to regret the whole thing
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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"Isn't it weird how my independent jurisprudential philosophy keeps giving conservative interests whatever they want?"
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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It's not just Roberts of course, too We have -two pro-Trump partisan idealogues, -one pro-Trump libertarian, -Kav who has been saying for 25 years the Nixon Tapes case was wrongly decided, and -then the most confounding of all is Barrett and IDK what the heck she was thinking
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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One way it comes full-circle: there's no way a majority of SCOTUS in 1974–75 was going to hold Richard Nixon immune for obstruction for ordering HR Haldeman to order the CIA to obstruct the FBI's Watergate burglary investigation
And such precedent would not be reversed IMO
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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I did kinda share Baude's sense of Roberts' smugness that he's convinced himself he's performed an act of civic grace that will save politics from itself
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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"Chief Justice Roberts is not pro-Trump, he just thinks Democratic-operated institutions are captured by a corrosive anti-Trump derangement" is a distinction without a difference IMHO
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Charles de Gaulle was president of the 5th Republic from age 68 to 78 Winston Churchill served as PM from age 76 to 80 Konrad Adenauer was chancellor of West Germany from age 73 to 87 All 20th century men outlets like The Economist revere
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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All were very old or wheelchair bound or both
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Or Winston Churchill, Konrad Adenauer, Charles de Gaulle, (or RBG, or Mitch McConnell, or Greg Abbott, or …)
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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One of the forgotten secrets of the 2004 Swift Boat affair is the SWVFT barely bought any ads On Aug. 5, 2004 they spent ~$500k on small markets in WI, Ohio, and WV; bought a few more through August, and got incalculable free media (See also Harlan Crow cameo)
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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*with a crucial assist
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Yes, people don’t remember how much Swiftboating wasn’t a « Karl Rove Gambit »,
it was a « Karl Rove Gambit a crucial assist from the flagship media »
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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In other words, there’s no silver bullet to escape bad-faith media narratives, and if people are suggesting Harris would be a better candidate than Biden bc she isn’t bogged down with the “too old to do the job?” narrative, it fails to appreciate the media would come to browbeat Harris too
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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People are saying Biden should drop out and Harris is the horse to bet on because she’s marginally better enough to win in November My concern is her polling is inflated by being out of the media hotseat and if she were the nominee the bad-faith “Biden=Old!!” would shift to bad-faith “Harris=DEI!!”
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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It was so abjectly blatant that June Medical was a do-over of Whole Women’s Health v. Hellerstedt to see if the court would arrive at a different answer with Kavanaugh and Gorsuch instead of Kennedy and [vacant] Reversing a year-old precedent would have made it obvious the court isn’t doing “law”
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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His June Medical opinion is like it’s from another planet
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Yascha Mounk tipping his hand that he and the rest of the centrist & right-of-center media would 100% run the Claudine Gay playbook on Kamala Harris
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Weird soft-peddling tone in this whole paragraph
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Yeah this is impossible to verify but the poster seems like a legit social worker; the “I gotta keep my hair short for the laser removal” excuse
It does kinda look like a square is shaved right around the tattoo. But sorry man you absolutely gotta find a way to cover that
x.com/myusara/stat...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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I’ve felt the “cameras and/or audio: yes or no?” debate is trickier than some transparency advocates tend to assert, but it could be resolved with a Middle Way solution (release recordings on a delay)
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Next book on my reading list Thought I’d interest myself in a deeper dive in something kinda obscure (Why is the jacket green of all colors?)
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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I do have a habit of live-blogging stuff I find interesting or amusing from my books Apologies if it’s annoying but then from where would you get quips like this?
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Last summer my wife and I visited a beautiful 11th-to-12th-century stavechurch in Norway with some gorgeous inlays (the bell tower and some other features are later additions)
Would love to go back to explore Finland & the Baltics
www.stavechurch.com/urnes-stavki...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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The NY Times isn’t a solo influence on media consumers but it’s a bellwether and powerful influence of media herding effects Their editorial line gives permission to other outlets to parrot similar narratives, and it snowballs (I think this is very evident from the 2016 Emails saga!)
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Finally finished all 808 pages of this I found Darwin at his most charming when enmeshed in childlike curiosity about a little question, like when he became an obsessive pigeon breeder to learn more about heritability, or when studying sex selection he painted live dragonflies different colors
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Enjoyed this little vignette of an elderly Charles Darwin invited to participate in a séance and in the middle, at the limit of his patience, he got up and excused himself like Lisa Simpson: If anyone needs me I’ll be in my room
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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What was the big problem with Franken's resignation? Tina Smith is a good senator and won Minnesota's 2018 special US senate election and 2020 US senate election
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Just stamp "unreviewable" on the end of every statute and pollution regulation
bsky.app/profile/saba...
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❀°。der Siebenschläfer *.ﾟ✿ ⋆
@sababausa.bsky.social
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Trump went corrupt machinations to browbeat Marie Yovanovitch out as US ambassador to Ukraine when he always had presidential power to just remove her, bc he wanted to keep his hands off it
After Monday, he'd be able to freely engage in all manner of backdoor orders
abcnews.go.com/Politics/rec...
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