@admitsWrongIfProven@qoto.org That is very kind of a stranger on the internet to say.

@admitsWrongIfProven@qoto.org i think there’s a lot of truth to it, which is why i think the way contemporary arrangements (in the US) try to discipline people with poverty and desperation to be sure they devote themselves to market work, however valuable or useless the job, is a hindrance to arts and progress.

@admitsWrongIfProven@qoto.org i hope it doesn’t come to that. we’ve loved our visits, though.

@admitsWrongIfProven@qoto.org gack ! wrong link! sorry! zirk.us/@interfluidity/1127707

@LouisIngenthron

NATO logo, including:

NATO
OTAN NATO logo, including: NATO OTAN

@admitsWrongIfProven@qoto.org zirk.us/@interfluidity/1127707

Is it fair to describe Biden as having released his delegates, when he answered they can do what they want?

@Geoffberner I don’t think there’s ever been a more perilous moment. But you are more certain than I am about how it resolves.

@Geoffberner as I said, I am not sure what will or should happen.

@Geoffberner no. my baselines were the debate and the Stephanopoulos interview, and this was much better than either.

i don’t know what will or should happen, and sure there were stumbles, but Biden substantially outperformed my expectations in this press conference.

NAAN
OTTO

@nicholas yes. by “the law was fine with it” what i meant is that even absent formal immunity, the bar to prosecution has always been extraordinarily high and a “public action” affirmative defense at the ready, so that Presidents, as Kissinger quipped, “do immediately” what is illegal but can be justified on public grounds, and have never been prosecuted for it. the only real risk they have faced when they use official power for reasons not colorably intended to advance a public interest.

@realcaseyrollins@noauthority.social @volkris @realcaseyrollins@social.teci.world @AltonDooley @Hyolobrika yes.

@realcaseyrollins@noauthority.social @volkris @realcaseyrollins@social.teci.world @AltonDooley @Hyolobrika i guess read the memo. (i did, but years ago, i can’t recapitulate it for you now.) i thought the whole thing, the whole drone assassination program, let alone of a US citizen, was horrific. interfluidity.com/v2/2255.html

@realcaseyrollins@noauthority.social @volkris @realcaseyrollins@social.teci.world @AltonDooley @Hyolobrika there’s a norm against prosecuting Presidents while in office that held through the Trump years. afterwards, as Mitch McConnell insisted when arguing against impeachment, was the time for accountability. until after July 1 it wasn’t. there is now no time for Presidential accountability.

@realcaseyrollins@noauthority.social @volkris @realcaseyrollins@social.teci.world @AltonDooley @Hyolobrika Obama, fearful of prosecution when he was finally about to assassinate a US citizen, had the OLC preemptively do a lengthy legal analysis that concluded a combination of the public action defense, the GWB/war on terror’s authorization of military force, and the President’s military prerogatives enabled it. aclu.org/sites/default/files/a

@realcaseyrollins@noauthority.social @volkris @realcaseyrollins@social.teci.world @AltonDooley @Hyolobrika there is a huge difference between a high bar and no bar. the possibility of punishment with a high bar still has a deterrent effect on egregious behavior. no bar, no possibility of accountability, becomes outright permission.

@realcaseyrollins@noauthority.social @volkris @realcaseyrollins@social.teci.world @AltonDooley @Hyolobrika (1) presidential acts can be divided into core-official, non-core-official, unofficial acts; (2) all official acts (core and noncore) are “at least presumptively” immune with an almost impossible bar to overcoming the presumption; (3) core-official acts, including exercise of the pardon power, are automatically *absolutely* immune; (4) no inquiry into motive can be made in distinguishing official from unofficial acts…

@realcaseyrollins@noauthority.social @volkris @realcaseyrollins@social.teci.world @AltonDooley @Hyolobrika (5) alleged violation of generally applicable law cannot be a basis for classifying an act as unofficial. all of this was invented into law by the Court on July 1. /fin

in reply to self

@realcaseyrollins@noauthority.social @volkris @realcaseyrollins@social.teci.world @AltonDooley @Hyolobrika Trump was not prosecuted for military action. He, like Obama before him, engaged extensively in drone assassination, and that was fine as far as the law and the Biden DOJ were concerned. The public action / public authority defense was already very capacious, a very high bar to clear!