Seth Barrett Tillman: The Mystery of Blumenthal v. Trump

…In other words, in the District of Columbia action, Judge Sullivan’s standing-only ruling did not dispose of the DOJ’s motion to dismiss. The customary or target deadline for resolving such a motion is 6 months—i.e., the 6-month target to resolve the motion was December 7, 2018. December 7 has come and gone. We are now 3 months post-deadline. There has been no call by the court for further clarification, renewed briefing, or renewed oral argument. Yet the DOJ’s motion to dismiss remains unresolved.
 
Why?
Why the delay?
Where is the decision?
What is going on?

Read Seth’s entire post.
 
 
UPDATE: Part II: The Mystery of Senator Richard Blumenthal v. President Donald J Trump

The Whites of Their Eyes

It seems that Ruling Class lackey and unfunny comedian Bill Maher has unburdened himself of a particularly snide monologue this week just past, outlining what he sees as the difference between the residents of blue and red states to the denigration of the red states, of course. This monologue was delivered to applause and laughter at every line especially the one about the Blues (AKA Our Kind, Darling!) having Wolfgang Puck and those lamentable, deplorable Reds only having Chef Boyardee, har, har, har! (We have Paula Deen, the Pioneer Woman, and Guy Fieri … and anyway, isn’t Wolfgang Puck so 80ies? He was a laugh line in Northern Exposure sub-plot involving Adam the anti-social master chef for pete’s sake.) There was also another laugh line, about how we all in flyover country were living in a state of frustrated envy, because the Blues are the British Royal Family, and the Red Staters are Meghan Markle’s dad.

Read more

Seth Barrett Tillman: Conlawprof, Voters, and Brexit

Professor BBB wrote: “Not to mention the lies and manipulation of the Leave campaign, which just exacerbated the problem [for voters].” Notice how Professor BBB feels no need to explain what those lies were or how voters were manipulated or how significant the misinformation was. But just so there is no confusion—there were lots of people on hand to argue the other side. Look at the list. I wonder how is it that they were unable to make themselves understood in a publicly funded vote?
 
Who Supported Remain?
Her Majesty’s Government was for Remain.
The leading opposition parties were for Remain.
 
[. . .]
 
[long list]
 
[. . .]
 
The Bar and the legal profession were for Remain. But …. I repeat myself.
 
Now ask yourself: precisely, who was on the Leave side?
Just some voters—and what do they know?
 
But here at Conlawprof—we are all good democrats—honest & true.

Read the entire post.

“Governments behaving badly: The battle of our time is being waged right now”

From a characteristically astute column by J.E. Dyer:

The point of the Treaty of Westphalia was not that religion is ugly and divisive, or that it must be subordinated to the political. The point was that the armed force of the nation-state, which is useful and does good service for the right purposes, must not be used to enforce universalist philosophies or settle their irreconcilable disputes.
 
The Westphalian commitment is that universalism will not take precedence over national sovereignty. Instead, national sovereignty will protect nations from movements for overweening universalism.
 
In 1648, the conscious commitment to this principle helped end the wars of Catholic and Protestant monarchs on the European continent (although the effect was not immediate). In the Napoleonic era, it was instrumental in beating back Bonaparte’s encroaching supranational vision: a hybrid of Roman imperial concepts and French revolutionary declarations.
 
The Westphalian commitment to respect for national sovereignty was also a key enabling factor for the success of the United States, once we established the “national” and “sovereignty” conditions. America is not possible without Westphalianism.
 
And in the 20th century, it was the continued commitment to the Westphalian nation-state that allowed the free West to face down ruthless, radical, universalist Communism, even though the latter expanded with each decade into more and more territory, and became equipped with vast conventional armies, nuclear weapons, and seats in the United Nations. The UN was useless for defeating state-armed Communist aggression. It was a specific group of nations acting in their own right, led by the United States, that achieved that goal.
 
In 2019, the confrontation is in some ways harder to discern than in earlier centuries. It isn’t between nations; it’s within them. Urban “elites” align with each other across borders, the leaders of the biggest cities consciously identifying not with their compatriots from the hinterlands but with the leaders of foreign megalopolises. Conversely, many of the people outside the “elite” circles, wherever in the world they are, take to the streets cheering America’s Donald Trump. His brand of politics cares about them.
 
The nation-state is what makes the protection of liberty and rights possible. Undermining the nation-state is the project of today’s universalist collectivism, and the government crises in the U.S., UK, and France are visible signs of that battle being waged. This is not a battle over theory or mere programmatic choices. It’s a battle for the future of mankind.

In a way that seems psychologically analogous to price trends in financial markets, the civil war is what’s happening now while people focus on lurid predictions that don’t materialize.

Read the whole thing.

Seth Barrett Tillman: Free Speech in Andrew McCabe’s America: A Post on Conlawprof

Important points:

In his 60 Minutes interview, former acting FBI director McCabe said:

There were a number of things that caused us to believe that we had adequate predication or adequate reason and facts, to open the investigation. The president had been speaking in a derogatory way about our investigative efforts for weeks, describing it as a witch hunt… publicly undermining the effort of the investigation.

https://www.lawfareblog.com/thoughts-andrew-mccabes-60-minutes-interview (emphasis added).
 
Is not this statement troubling, if not Orwellian? Think or speak the wrong thing—and the government investigates you? In a 2017 blog post on New Reform Club, I wrote about this issue as follows:

Read Seth’s full post.