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emptywheel.bsky.social
emptywheel
@emptywheel.bsky.social
300K followers 3.6K following 22K posts
Coverage of American authoritarianism with a focus on legal cases. An American-Irish in Limerick, Ireland.

Legendary potty mouth!
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emptywheel.bsky.social
Here I was thinking that if @nicolesandler.bsky.social did our Friday round-up at the end of a 3-day week, for once it wouldn't feel like a week had transpired since we last did the round-up.
November 26, 2025 at 2:59 PM
emptywheel.bsky.social
A good follow-up with some of the defendants against whom the cases were dismissed.
talkingpointsmemo.com TPM @talkingpointsmemo.com · 7m
Many demonstrators were arrested; fewer were charged. And of those charged, many cases crumbled. Federal prosecutors declined to pursue some cases; in others, judges or grand juries declined to let them proceed.
talkingpointsmemo.com/news/chicago...
Chicago Protestors Reel After Fending Off Federal Charges
The administration governs by propaganda. There’s bluster, threats, and even real violence...
talkingpointsmemo.com
November 26, 2025 at 2:56 PM
emptywheel.bsky.social
Note that this 11th Circuit opinion ALSO means that Donald Trump has lost to Jim Comey twice in one week.

🤣
emptywheel.bsky.social emptywheel @emptywheel.bsky.social · 25m
11th Circuit cites Clinton v Jones in ruling that Trump doesn't get extended statute of limitations on lawsuits to sue Hillary just bc he was super busy as President.

storage.courtlistener.com/recap/gov.us...
The Supreme Court rejected a similar request from President Clinton when it refused to excuse him from judicial process during his term. See Clinton v. Jones, 520 U.S. 681, 703–04 (1997). It took no issue with a private citizen subjecting the president to judicial process, in the process burdening his “time and energy” and “impair[ing] the effective performance of his office.” Id. at 702. If a president can be haled into court, he cannot be excused from suing to enforce his rights. Trump unpersuasively argues that two “circumstances” support his request. First, he points to the workload he faced during his first term. But it is hard to see how his presidential workload differs from any other modern president, and those concerns did not arrest the Supreme Court in Clinton. See 520 U.S. at 697–99. Second, Trump argues that he was unable to seek relief in court while in office because, if he had filed this lawsuit during the Mueller or Durham investigations, “it would have looked like [he] was interfering with law enforcement functions.” But this argument gives away the game. Equitable tolling requires the circumstances “prevent[ing]” Trump from suing to be “beyond [his] control.” Menominee Indian Tribe, 577 U.S. at 255, 257 (citation and internal quotation marks omitted). Trump concedes that he chose not
November 26, 2025 at 2:51 PM
emptywheel.bsky.social
11th Circuit cites Clinton v Jones in ruling that Trump doesn't get extended statute of limitations on lawsuits to sue Hillary just bc he was super busy as President.

storage.courtlistener.com/recap/gov.us...
The Supreme Court rejected a similar request from President Clinton when it refused to excuse him from judicial process during his term. See Clinton v. Jones, 520 U.S. 681, 703–04 (1997). It took no issue with a private citizen subjecting the president to judicial process, in the process burdening his “time and energy” and “impair[ing] the effective performance of his office.” Id. at 702. If a president can be haled into court, he cannot be excused from suing to enforce his rights. Trump unpersuasively argues that two “circumstances” support his request. First, he points to the workload he faced during his first term. But it is hard to see how his presidential workload differs from any other modern president, and those concerns did not arrest the Supreme Court in Clinton. See 520 U.S. at 697–99. Second, Trump argues that he was unable to seek relief in court while in office because, if he had filed this lawsuit during the Mueller or Durham investigations, “it would have looked like [he] was interfering with law enforcement functions.” But this argument gives away the game. Equitable tolling requires the circumstances “prevent[ing]” Trump from suing to be “beyond [his] control.” Menominee Indian Tribe, 577 U.S. at 255, 257 (citation and internal quotation marks omitted). Trump concedes that he chose not
November 26, 2025 at 2:35 PM
emptywheel.bsky.social
Back in August, Judge Lewis Kaplan ordered DHS to start treating people humanely at 26 Fed. Plaintiffs says DHS has fixed none of the problems there and are asking for sanctions.

storage.courtlistener.com/recap/gov.us...
More than three months have passed since this Court issued a Temporary Restraining Order on August 12, 2025 requiring Defendants to implement specific and detailed policies to rectify their unconstitutional practices, which were later incorporated into a Preliminary Injunction issued on September 17, 2025. In contravention of these orders, however, Defendants appear never to have implemented many of the required procedures, particularly those regarding attorney access, hygiene, and the provision of the Notice of Rights to all detained individuals. Plaintiffs have conferred with Defendants on multiple occasions, but attempts to obtain assurances that Defendants will comply with this Court’s orders remain futile. Defendants provided a wholly insufficient response to Plaintiffs’ first letter regarding these issues and have not responded substantively to Plaintiffs’ second letter. Meanwhile, testimony from detained individuals and the attorneys who have tried in vain to speak with them continues to accumulate, showing that more than three months after this Court ordered immediate changes to their practices, Defendants continue to ignore these directives. Plaintiffs now seek the Court’s assistance. Defendants’ ongoing, intentional violations of Court orders merit a finding of contempt and the imposition of sanctions. The Court’s orders are clear and unambiguous, the proof of noncompliance is clear and convincing, and the evidence shows that Defendants have been far from diligent in any attempts to reasonably comply with the Court’s orders. As such, a finding of contempt with associated fines and sanctions, including attorneys’ fees, is appropriate.
November 26, 2025 at 2:28 PM
Reposted by emptywheel
carolrosenbergnyt.bsky.social
Boats already stopped in the water. People about to die. Clues to drone and manned aircraft fighting systems.
—Findings of our freeze-frame study of the Trump administration’s promotional videos of its bombing campaign on suspected drug smuggling boats.
www.nytimes.com/2025/11/26/u...
What the Pentagon’s Attack Videos Reveal About the Boat Strikes at Sea
www.nytimes.com
November 26, 2025 at 1:08 PM
Reposted by emptywheel
daviddark.bsky.social
"Dmitriev succeeded, as he told Ushakov he would do, in getting the White House to pass off the Russian plan as their own." @emptywheel.bsky.social www.emptywheel.net/2025/11/26/t...
The Dim Philby Leaks - emptywheel
The release of transcripts showing that the Ukraine "piece" plan that Trump claimed to be his own was in fact simply the Russian plan could have the same effect the discovery of Mike Flynn's back chan...
www.emptywheel.net
November 26, 2025 at 1:48 PM
Reposted by emptywheel
donmoyn.bsky.social
This is the type of hater energy that will fuel us in the years ahead.
miamidsa.org Miami DSA @miamidsa.org · 1h
Good morning to Brazilian reporter Manuela Borges, who’s been waiting eleven years for this petty moment. ❤️ 🇧🇷
November 26, 2025 at 1:42 PM
Reposted by emptywheel
bradlander.bsky.social
Today I’m recommending that NYC’s pension fund boards drop BlackRock and 2 other (out of 49) public markets asset managers due to inadequate decarbonization plans.

Climate risk is financial risk – we need asset managers who will invest responsibly.🧵
www.bloomberg.com/news/article...
NYC’s Lander Recommends Dropping $42 Billion BlackRock Mandate
New York City Comptroller Brad Lander is urging three of the city’s pension funds to drop BlackRock Inc. because of “inadequate” climate plans, the latest move to penalize investment firms for failing...
www.bloomberg.com
November 26, 2025 at 1:49 PM
emptywheel.bsky.social
Did the Comey Dismissal Render Kash Patel's Grand Conspiracy "Just Someone Else's Fantasy"?

www.emptywheel.net/2025/11/26/d...
Did the Comey Dismissal Render Kash Patel's Grand Conspiracy "Just Someone Else's Fantasy"? - emptywheel
You can't figure out what might happen in the wake of the Jim Comey dismissal without factoring in the SDFL Grand Conspiracy conspiracy theory and how it was damaged by Lindsey the Insurance Lawyer's ...
www.emptywheel.net
November 26, 2025 at 1:18 PM
Reposted by emptywheel
socialmedialab.ca
"David Sacks tried to kill state AI laws — and it blew up in his face. A leaked executive order draft reveals the tech billionaire making a power play to become America’s AI policy gatekeeper." www.theverge.com/ai-artificia...
David Sacks tried to kill state AI laws — and it blew up in his face
A leaked executive order reveals that the tech billionaire would have become America’s AI policy gatekeeper.
www.theverge.com
November 26, 2025 at 12:06 PM
emptywheel.bsky.social
I really wish journalists would stop using the word "retribution" to describe Trump's efforts to criminalize opposition to him, as it treats his claim that his adversaries did something wrong in the first place.

www.nytimes.com/2025/11/25/u...
The investigation is part of a broader campaign by the Trump administration to seek retribution against the president’s perceived political enemies. It comes one day after the Pentagon said it was investigating Senator Mark Kelly, Democrat of Arizona, for his participation in the same video.
November 26, 2025 at 11:38 AM
emptywheel.bsky.social
The Dim Philby Leaks

www.emptywheel.net/2025/11/26/t...
The Dim Philby Leaks - emptywheel
The release of transcripts showing that the Ukraine "piece" plan that Trump claimed to be his own was in fact simply the Russian plan could have the same effect the discovery of Mike Flynn's back chan...
www.emptywheel.net
November 26, 2025 at 11:29 AM
Reposted by emptywheel
greggjlevine.bsky.social
I repeat, RFK Jr doesn’t have to say “I’m banning vaccines” to effectively ban vaccines. Exhibit umpteen hundred and sixteen (this happened the same day they appointed the anti-vaxxing snake-oil salesman above as deputy CDC head):
luckytran.com Dr. Lucky Tran @luckytran.com · 9h
The CDC has turned off its vaccine search tool.

The vaccines.gov site now gives an error when you enter a valid zip code.

They also removed text saying “Vaccines can help you stay healthy” and added a banner saying the site is being updated.
Vaccines.gov CDC The functionality of this website may be impacted while it is being updated. Find a pharmacy near you. Enter 5-digit ZIP code 10001 Search Please enter a valid 5-digit ZIP Code
November 26, 2025 at 9:39 AM
emptywheel.bsky.social
Judge Sara Ellis, mocking the goons, bc they don't know where they are.

legacy.www.documentcloud.org/documents/26...
67 The Court notes that the use of force reports make clear CBP agents’ unfamiliarity with Chicago, as they report that they were conducting operations in the “Old Town Triangle neighborhood” instead of Lakeview. Doc. 172-42 at 6.
November 26, 2025 at 9:59 AM
emptywheel.bsky.social
More Thanksgiving advice.

Make your pumpkin pie crust w/1/2 cup wheat flour.

Trust me on this.
November 25, 2025 at 11:36 PM
Reposted by emptywheel
aidanobrien.bsky.social
Counterpoint; Russia knocking out the internet globally for a couple months would be an absolute win for humanity…
ftedit.ft.com FT Edit @ftedit.ft.com · 1d
Ireland’s pivotal location on the edge of Europe means that an attack on its undersea cables could disrupt financial markets across continents, spark devastating internet outages and profoundly damage the Big Tech infrastructure upon which the island has grown rich.
A line chart titled “Corporation tax has given Ireland a healthy budget surplus for years.” It shows two lines: one for overall government balance and one excluding excess corporation tax. The surplus rises sharply from 2020 onwards, peaking around 2023 before levelling out.
November 25, 2025 at 11:33 PM
Reposted by emptywheel
justinwolfers.bsky.social
Just got to the airport with the kids and was pleasantly surprised to have gotten one kiddo upgrade. Problem: I have two kids.

So I'm holding an auction and they're each bidding on how many times they will unload the dishwasher over Thanksgiving. Highest bid gets the upgrade.
November 25, 2025 at 10:37 PM
emptywheel.bsky.social
Gonna pitch Kung Pao rutabega as the Thanksgiving dish you're all missing again.

Also, unless you have dietary restrictions, put back on top of your turkey. Better than basting, especially if you're a Detroit Lions fan.
rincewind.run Micah @rincewind.run · 16h
my take on Food Discourse is that it's always ridiculous but it's also nice to be fighting about dumb internet shit again instead of dealing with Oppressive Despair all the time so please keep posting your bad takes
November 25, 2025 at 11:22 PM
Reposted by emptywheel
savchenkoua.bsky.social
🇺🇸⚡️ In both recordings of the conversations published by Bloomberg, only one interlocutor remains unchanged - Putin's aide Yuri Ushakov, - Ukraine context

Which suggests that it was his phone that was "wiretapped", the "leak" could have taken place purposefully and precisely from the Russian side.
November 25, 2025 at 10:36 PM
emptywheel.bsky.social
Remember that in this period Trump's voice was hoarse in a WH presser and he said he was screaming about a country--he may not even have said tariffs--but the next day or two they took off the coffee tariffs.
radleybalko.bsky.social Radley Balko @radleybalko.bsky.social · 15h
Pretty convincing evidence here that the Trump administration was planning to jailbreak and provide asylum for Bolsonaro -- and that Trump inadvertently revealed the plan.

And this, as the now-cliche goes, would have been a paralyzing scandal for any other administration.
Trump appears to blurt out secret plan, not knowing it's already a bust
YouTube video by MS NOW
www.youtube.com
November 25, 2025 at 11:19 PM
emptywheel.bsky.social
Remarkable ¶ in Sara Ellis' opinion on CBP/ICE abuse of force. This is about an October 14 conflict at 105th Street and South Avenue North (I don't claim to know the neighborhood).

legacy.www.documentcloud.org/documents/26...
The agents therefore began making plans to deploy chemical munitions on their way out. See Axon Body 4 Video 2025-10-14 1151 D01A49557 at 1:19:37–1:19:40 (“Yeah, I’ll drop ’em everywhere. But I need two more cans. I only got three on me.”); id. at 1:27:05, 1:27:18–20 (repeatedly stating that “I’m going to gas this street”); id. at 1:29:17–1:29:30 (“I’m going to be the one deploying the gas . . . I’m going to gas this street. And then I’m waiting here and I’m looking for fucking with the bricks and shit to keep everybody safe.”); Axon Body 4 Video 2025-10-14 1130 D01A4281B at 52:45–47 (agent miming throwing tear gas canisters and saying, “we’re going to be ching ching-ing away, just booking it”); Chicago Vehicle Wreck Riot at 1:15:00–1:15:03 (“I have a feeling I’m going to get to use this [tear gas] finally.”); id. at 1:22:14 (“We’re definitely gassing them when we leave. Just start throwing shit.”); id. at 1:28:56–1:28:58 (“We’re definitely going to gas them when we get out of here.”); Axon_Body_ 4_Video_2025-10-14_1251_D01A30574 at 29:52–30:00 (“We’re going to gas the street . . . let [the other agents] know.”); id. at 30:14–30:21 (“Hey guys. We’re going to start gassing here in a little bit.”).
November 25, 2025 at 11:17 PM
Reposted by emptywheel
thedailybeast.bsky.social
Alexis Wilkins has suddenly found fame as FBI Director Kash Patel’s boo, but the aspiring country singer was working in Washington as recently as January.
Keystone Kash’s Girlfriend’s Closest Held Secret Revealed
Her country “career” has taken her to Nashville but it turns out Alexis Wilkins is really a Swamp Creature, our must-read newsletter reveals.
trib.al
November 25, 2025 at 11:10 PM
emptywheel.bsky.social
This little toy is very upset I pointed out that Brazil, after decades of coups and dictators, has a constitution better suited to dealing with one than the US.

I didn't even school the poor little flunky that you can explain the temporal difference of six months entirely to COVID and privilege.
airbagmoments.bsky.social Airbag Moments 🇺🇦 @airbagmoments.bsky.social · 15h
This is a bot, right? No actual human responds as quickly to the slightest criticism from random accounts. @emptywheel.bsky.social
November 25, 2025 at 11:07 PM
Reposted by emptywheel
tomjoscelyn.bsky.social
This should be a major scandal. The Blaze falsely reported that a former U.S. Capitol Police officer was the Jan. 6th pipe bomber. But it wasn’t just another miss by conservative media promoting conspiracies.

Someone in US intel - at ODNI - was promoting it:

www.cbsnews.com/news/jan-6-p...
November 25, 2025 at 10:25 PM