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  • In Thursday Hearing, Mueller’s Team Gets Specific about What They Can Do without Whitaker’s Pre-Approval

    In the argument over Andrew Miller's challenge of a Miller subpoena yesterday, Michael Dreeben seemed to be making the first argument about limits to how much Matt Whitaker can tamper in the Mueller investigation. 

    Read more
  • John Kelly’s Legally Fraught Role in the Sessions Ouster

    On top of all the potential legal problems with picking Matt Whitaker to replace Jeff Sessions, there may be legal problems that John Kelly is the one who did so.

    Read more
  • Trump Won’t Hand in His Open Book Test Until He Checks His Answers with Matt Whitaker and Putin

    Trump is still trying to decide whether an open book test of questions pertaining to the Russian investigation is too hard for him or not. Before he decides, he's may consult with both Matt Whitaker and Vladimir Putin.

    Read more
  • Trump Risks that Every Action Matt Whitaker Takes as Attorney General Can Be Legally Challenged

    Both the author of the statute governing Mueller's appointment, Neal Katyal, and the people who will oversee DOJ in a few months have real questions about the legality of Whitaker's appointment. That could mean every single action vested exclusively in the Attorney General (including those pertaining to Mueller) can be challenged in court.  

    Read more
  • Matt Whitaker Has Authority to Share Proceedings of National Security Grand Jury Investigations with Trump

    Under a 2002 OLC memo interpreting the PATRIOT Act, Acting Attorney General Matt Whitaker can share information about Mueller's grand jury with the President.

    Read more
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2016 Presidential Election, Mueller Probe

In Thursday Hearing, Mueller's Team Gets Specific about What They Can Do without Whitaker's Pre-Approval

1 Comment
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November 9, 2018
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emptywheel
In the argument over Andrew Miller's challenge of a Miller subpoena yesterday, Michael Dreeben seemed to be making the first argument about limits to how much Matt Whitaker can tamper in the Mueller investigation. 
Read more →
https://www.emptywheel.net/wp-content/uploads/2016/08/emptywheel_02-1.png 1000 1500 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-09 12:13:192018-11-09 12:14:06In Thursday Hearing, Mueller's Team Gets Specific about What They Can Do without Whitaker's Pre-Approval
2016 Presidential Election, Mueller Probe

John Kelly's Legally Fraught Role in the Sessions Ouster

33 Comments
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November 9, 2018
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emptywheel
On top of all the potential legal problems with picking Matt Whitaker to replace Jeff Sessions, there may be legal problems that John Kelly is the one who did so.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/02/RobertMueller_PeteSouza_2012_Wikimedia.jpg 1054 1500 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-09 08:07:152018-11-09 08:07:15John Kelly's Legally Fraught Role in the Sessions Ouster
2016 Presidential Election, Mueller Probe

Trump Won't Hand in His Open Book Test Until He Checks His Answers with Matt Whitaker and Putin

20 Comments
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November 8, 2018
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emptywheel
Trump is still trying to decide whether an open book test of questions pertaining to the Russian investigation is too hard for him or not. Before he decides, he's may consult with both Matt Whitaker and Vladimir Putin.
Read more →
https://www.emptywheel.net/wp-content/uploads/2016/10/Putin.jpg 427 640 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-08 16:24:052018-11-08 16:37:11Trump Won't Hand in His Open Book Test Until He Checks His Answers with Matt Whitaker and Putin
2016 Presidential Election, Mueller Probe

Trump Risks that Every Action Matt Whitaker Takes as Attorney General Can Be Legally Challenged

43 Comments
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November 8, 2018
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emptywheel
Both the author of the statute governing Mueller's appointment, Neal Katyal, and the people who will oversee DOJ in a few months have real questions about the legality of Whitaker's appointment. That could mean every single action vested exclusively in the Attorney General (including those pertaining to Mueller) can be challenged in court.  
Read more →
https://www.emptywheel.net/wp-content/uploads/2017/08/Mueller.png 346 463 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-08 15:23:002018-11-08 15:23:42Trump Risks that Every Action Matt Whitaker Takes as Attorney General Can Be Legally Challenged
2016 Presidential Election, Mueller Probe

Matt Whitaker Has Authority to Share Proceedings of National Security Grand Jury Investigations with Trump

95 Comments
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November 7, 2018
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emptywheel
Under a 2002 OLC memo interpreting the PATRIOT Act, Acting Attorney General Matt Whitaker can share information about Mueller's grand jury with the President.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/02/RobertMueller_PeteSouza_2012_Wikimedia.jpg 1054 1500 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-07 21:30:052018-11-07 21:37:40Matt Whitaker Has Authority to Share Proceedings of National Security Grand Jury Investigations with Trump
2016 Presidential Election, Mueller Probe

Has This Been the Plan Since August 2017?

77 Comments
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November 7, 2018
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emptywheel
While it sounds like Sessions only resigned today, it's possible this has been in the works for far, far longer.
Read more →
https://www.emptywheel.net/wp-content/uploads/2016/11/Screen-Shot-2016-11-18-at-8.56.41-AM.png 680 942 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-07 16:41:552018-11-07 20:53:42Has This Been the Plan Since August 2017?
Mueller Probe

Matt Whitaker Can't Prevent Mueller from Unsealing Any Sealed Indictments

60 Comments
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November 7, 2018
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emptywheel
If Mueller prepared for this very predictable eventuality of the firing of Jeff Session, then Trump may have just fired a key player in his racist agenda for naught. 
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https://www.emptywheel.net/wp-content/uploads/2018/02/RobertMueller_PeteSouza_2012_Wikimedia.jpg 1054 1500 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-07 15:18:212018-11-07 16:17:49Matt Whitaker Can't Prevent Mueller from Unsealing Any Sealed Indictments
2016 Presidential Election, emptywheel, Mueller Probe

Why Are We Still Talking about Randy Credico?

14 Comments
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November 7, 2018
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emptywheel
Mueller is not interviewing witnesses to test Credico's story about whether he really was Stone's go-between. He's interviewing witnesses to learn about Stone crafted a cover story that still makes no sense. 
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https://www.emptywheel.net/wp-content/uploads/2018/06/Stone-Agent-of-Chaos.jpg 797 1072 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-07 11:57:002018-11-07 11:57:00Why Are We Still Talking about Randy Credico?
2018 Mid-Term Election

Mid-Terms: We're All Out of Bubblegum

166 Comments
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November 6, 2018
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Rayne
We have come here to chew bubblegum and kick ass...and we're all out of bubblegum. This is an open thread — bring the ass-kicking.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/11/VotingMidTerms_MirahCurzer-Unsplash_06NOV2018.jpg 1000 1500 Rayne https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png Rayne2018-11-06 11:16:042018-11-06 11:16:04Mid-Terms: We're All Out of Bubblegum
2018 Mid-Term Election

Mid-Terms: Planning is Everything

54 Comments
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November 5, 2018
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Rayne
Plans are worthless, but planning is everything — are you planning ahead?
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/03/USFlag_KevinMorris-Unsplash_08OCT2016_1500pxw_mod.jpg 994 1500 Rayne https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png Rayne2018-11-05 18:32:412018-11-05 19:17:15Mid-Terms: Planning is Everything
2016 Presidential Election, Elections--Historical, emptywheel, Mueller Probe

What the Watergate Road Map Might Say about a Mueller Road Map

20 Comments
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November 5, 2018
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emptywheel
I've argued that to the extent Mueller has a report written on his findings, it serves just as a Road Map packaged up for the House Judiciary Committee. This post examines what we might glean about Mueller's investigation if his Road Map matches the Watergate one.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/02/RobertMueller_PeteSouza_2012_Wikimedia.jpg 1054 1500 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-05 14:02:202018-11-05 16:18:50What the Watergate Road Map Might Say about a Mueller Road Map
Left Theory

Democracy Against Capitalism: Conclusion Part 3

20 Comments
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November 3, 2018
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Ed Walker
There are striking similarities in the views of attackers and defenders of capitalism.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/06/100DollarsCash_PepiStojanovskiTimbatec-Unsplash_mod.jpg 937 1500 Ed Walker https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png Ed Walker2018-11-03 18:12:032018-11-05 07:32:42Democracy Against Capitalism: Conclusion Part 3
2016 Presidential Election, Elections--Historical, emptywheel, Mueller Probe

A Roadmap to the Nixon and/or Mueller Roadmap

73 Comments
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November 3, 2018
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emptywheel
This post shows how the Watergate Special Prosecutor's office went from collecting evidence against the President in summer 1973, to drafting an indictment by February 1, 1974, to packaging it all up to be sent to the House Judiciary Committee.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/11/President_Nixon_and_chief_advisers_1970.png 1950 2934 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-03 13:54:152018-11-05 10:21:38A Roadmap to the Nixon and/or Mueller Roadmap
Football, Trash Talk

Trash Talk A Geaux Geaux

37 Comments
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November 3, 2018
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bmaz
Tom Brady is 3 yards and a cloud of dust away from 1,000 rushing yards for his career. You laugh, but among the best QB's in recent memory, Brady trails only Fran Tarkenton, Aaron Rodgers, Brett Favre and Big Ben. That is kind of shocking. To…
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/11/Screen-Shot-2018-11-03-at-10.26.47-AM-e1541266062983.png 151 210 bmaz https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png bmaz2018-11-03 13:24:392018-11-03 19:06:04Trash Talk A Geaux Geaux
2016 Presidential Election, emptywheel, Mueller Probe, WikiLeaks

US Government Reveals It Has Video Evidence of Joshua Schulte Sharing Classified Information as Ecuador Restricts Assange's Legal Visits

36 Comments
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November 2, 2018
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emptywheel
On Wednesday, the government rolled out new charges against alleged Vault 7 source, Joshua Schulte, accusing him of continuing to leak classified information while in jail. That same day, amid a fight that many people believe will lead to his expulsion from the embassy, Ecuador restricted his visits, even from lawyers, through the weekend.
Read more →
https://www.emptywheel.net/wp-content/uploads/2017/03/Screen-Shot-2017-03-07-at-10.05.25-AM.png 246 487 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-02 13:56:402018-11-03 09:23:51US Government Reveals It Has Video Evidence of Joshua Schulte Sharing Classified Information as Ecuador Restricts Assange's Legal Visits
Contractors

Confirmed: Listening to Whistleblower John Reidy Could Have Saved the Lives of Numerous CIA Assets

15 Comments
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November 2, 2018
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emptywheel
Yahoo confirms something I've suspect for some time: the communications vulnerability that allowed China to roll up the CIA's network of spies is the same vulnerability John Reidy first started warning about in 2007.
Read more →
https://www.emptywheel.net/wp-content/uploads/2016/08/emptywheel_02-1.png 1000 1500 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-02 12:24:042018-11-02 12:24:04Confirmed: Listening to Whistleblower John Reidy Could Have Saved the Lives of Numerous CIA Assets
2016 Presidential Election, Mueller Probe

Stone v NYT: The Treachery of Dueling Incomplete Stories

33 Comments
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November 1, 2018
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emptywheel
The thing I'm most certain about the dueling NYT and Stone explanations for some emails sent between Steve Bannon and Roger Stone in early October 2016 is both sides are hiding something.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/06/Stone-Agent-of-Chaos.jpg 797 1072 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-01 16:02:212018-11-01 16:02:21Stone v NYT: The Treachery of Dueling Incomplete Stories
2016 Presidential Election, Mueller Probe

Could Roger Stone Be Charged in a CFAA Conspiracy?

18 Comments
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November 1, 2018
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emptywheel
While I'm on the record saying I think Roger Stone is most likely to be charged with ConFraudUs, given a detail in the GRU indictment, I think it possible he'd be charged in a CFAA conspiracy as well.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/06/Stone-Agent-of-Chaos.jpg 797 1072 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-11-01 12:23:342018-11-01 13:37:34Could Roger Stone Be Charged in a CFAA Conspiracy?
2016 Presidential Election, Mueller Probe

No, Mueller Probably Didn't Subpoena Trump, Yet

42 Comments
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October 31, 2018
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emptywheel
I think any of a number of possibilities for the identity of the mystery appellant challenging a Mueller order are more likely than the President.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/02/RobertMueller_PeteSouza_2012_Wikimedia.jpg 1054 1500 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-10-31 11:23:152018-10-31 14:48:14No, Mueller Probably Didn't Subpoena Trump, Yet
2016 Presidential Election, Mueller Probe

Why Did Rebekah Mercer and Steve Bannon Start Preparing an Accusation that Hillary Had Corrupt Ties with Russia Starting on March 14, 2016?

25 Comments
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October 30, 2018
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emptywheel
Robert Mueller just had Steve Bannon in for another round of questioning. Here's why that news may be the most interesting Roger Stone news in a while.
Read more →
https://www.emptywheel.net/wp-content/uploads/2018/06/Stone-Agent-of-Chaos.jpg 797 1072 emptywheel https://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.png emptywheel2018-10-30 17:53:242018-10-30 18:42:35Why Did Rebekah Mercer and Steve Bannon Start Preparing an Accusation that Hillary Had Corrupt Ties with Russia Starting on March 14, 2016?
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  • In Thursday Hearing, Mueller’s Team Gets Specific about What They Can Do without Whitaker’s Pre-Approval
  • John Kelly’s Legally Fraught Role in the Sessions Ouster
  • Trump Won’t Hand in His Open Book Test Until He Checks His Answers with Matt Whitaker and Putin
  • Trump Risks that Every Action Matt Whitaker Takes as Attorney General Can Be Legally Challenged

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emptywheel@emptywheelIn Thursday Hearing, Mueller's Team Gets Specific about What They Can Do without Whitaker's Pre-Approval emptywheel.net/2018/11/09/in-…27 minutes ago09 November 2018
Jim White@JimWhiteGNVBut it doesn't take Einstein to see the anti-Semitism in the US today. twitter.com/AP/status/1060…43 minutes ago09 November 2018
Jim White@JimWhiteGNVWait. No indictments today? Why not?54 minutes ago09 November 2018
emptywheel@emptywheelNote, WH had still, at times, been denying lunch with Putin the other day. twitter.com/Tara_Mckelvey/…1 hour ago09 November 2018
emptywheel@emptywheelHis lawyer suggested he might be at legal jeopardy weeks ago (tho implied he had narrowly avoided it). Guess Muelle… twitter.com/i/web/status/1…2 hours ago09 November 2018
bmaz@bmazWhat Trump really meant, and what Jared and Ivanka, really believe is that Unicorns are taking over and that only l… twitter.com/i/web/status/1…2 hours ago09 November 2018
bmaz@bmazI am a fairly crappy pilot. But I still maintain I could land a small Cessna on Trump's fake hair landing deck.2 hours ago09 November 2018
bmaz@bmazI can’t wait for MagHabs and Mikey to give the @nytimes whispering soft serve on this incredibly ignorant and lying… twitter.com/i/web/status/1…3 hours ago09 November 2018
Ed Walker 🍞🌹@MasaccioEWRT @LemieuxLGM: Also healthcare is a really important story that was the top priority of midterm voters, and Trump told lies about it const…18 hours ago08 November 2018
Ed Walker 🍞🌹@MasaccioEWRT @Atrios: 2:31 on november 8, not a single story linked on nytimes.com about caravan or immigrants hi @maggieNYT18 hours ago08 November 2018
Ed Walker 🍞🌹@MasaccioEWRT @NC_PPC: Why couldn't we flip a single US Congressional seat in NC? Racially gerrymandered maps, which've been struck down by SCOTUS (Ma…18 hours ago08 November 2018
RayneToday@raynetodayRT @pewresearch: Most Americans lack confidence in Trump to deal appropriately with Mueller probe, our June survey found https://t.co/k0pjq…20 hours ago08 November 2018
RayneToday@raynetodayRT @NormEisen: It’s not up to him twitter.com/washingtonpost…24 hours ago08 November 2018
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