Peter M. Shane
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petermshane.bsky.social
Peter M. Shane
@petermshane.bsky.social

Constitutional and admin law prof. Author, Democracy's Chief Executive (U. Cal. 2022). Podcast host @DemChiefExecPod. @Monthly contributor. Corgi-obsessed.

Peter Milo Shane is an American legal scholar and writer. He is currently the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at the Moritz College of Law at The Ohio State University, where he taught from 2003-2021.[1] Since 2022, he has been a Distinguished Scholar in Residence and Adjunct Professor at the New York University School of Law. [2] .. more

Political science 50%
Economics 18%
Pinned
“Trump’s use of executive power is not a distortion of the Roberts Court’s theory of the presidency; it is the Court’s theory of the presidency, brought to life.” My take in The Atlantic. www.theatlantic.com/ideas/archiv...
This Is the Presidency John Roberts Has Built
The country is witnessing the creation of an all-powerful institution, and one man is responsible.
www.theatlantic.com

Please tell me this is a parody account 🙏, not the utterance of a cabinet member.

Let’s face it. Hegseth won’t give up until he has inadvertently made Kelly the leading presidential contender for 2028.
The Secretary of Defense, ladies and gentlemen
The Secretary of Defense, ladies and gentlemen

“Without prejudice” inconsequential in context because statute of limitations has passed for the acts with which Comey was charged.
BREAKING: Comey case dismissed without prejudice. Halligan invalidly appointed, judge rules. storage.courtlistener.com/recap/gov.us...

FBI Director releasing info without authority on eve of 2016 Election say what?
Comey: "I'm grateful the court ended the case against me, which was a prosecution based on malevolence & incompetence... I was inspired by the career people who refused to be part of this travesty. It cost some of them their jobs, but it preserved their integrity, which is beyond price"
Comey: "I'm grateful the court ended the case against me, which was a prosecution based on malevolence & incompetence... I was inspired by the career people who refused to be part of this travesty. It cost some of them their jobs, but it preserved their integrity, which is beyond price"
BREAKING: Comey case dismissed without prejudice. Halligan invalidly appointed, judge rules. storage.courtlistener.com/recap/gov.us...

Now that post-breakfast brain has kicked in, I remember that, although The Harder They Come had a long run during my Harvard undergrad years, the movie that ran *forever* was King of Hearts with Alan Bates.
This is a sad note on which to start the week. Central Square Theater ran The Harder They Come for years, as I recall, during my time in college. His voice is unforgettable. Jimmy Cliff, Reggae Icon, Dies at 81 www.nytimes.com/2025/11/24/a...
Jimmy Cliff, Reggae Icon, Dies at 81
www.nytimes.com

This is a sad note on which to start the week. Central Square Theater ran The Harder They Come for years, as I recall, during my time in college. His voice is unforgettable. Jimmy Cliff, Reggae Icon, Dies at 81 www.nytimes.com/2025/11/24/a...
Jimmy Cliff, Reggae Icon, Dies at 81
www.nytimes.com

Now, do “Imagine.”
hey guys i made a seasonal meme

Reposted by Peter M. Shane

hey guys i made a seasonal meme

There is no national story involving Harvard over the last few years about which you could not say the same thing. (Remember the railroading of Claudine Gay!) They and their predecessors have been doing exceptional work.

These seditious words are from the '24 DoD Manual for Courts-Martial: "It is a defense to any offense that the accused was acting pursuant to orders unless the accused knew the orders to be unlawful or a person of ordinary sense and understanding would have known the orders to be unlawful." (II-136)

AFAIK, no law bars the release of files relevant to open law enforcement investigation. It’s a norm DOJ has usually tried to follow but not always, e.g., the release of EPA investigation files that led to the firing of Rita Lavelle. Another norm is not shielding exec branch wrongdoing from Congress.

If Trump now supports a House vote to release all Epstein files, why not just release them?

Siri, what’s a four-word euphemism for ‘corruption?’”

I am mystified by the fierceness of Trump's behavior on the Epstein files. So many Trump misdeeds have produced only yawns or disbelief from his base. Sic-cing Pam Bondi on Democrats will only keep the story in the news. Stonewalling just reinforces speculation there is something terrible to hide.

And we thought the snowflakes were in DC
you guys, there are flurries in Brooklyn.

Reposted by Peter M. Shane

you guys, there are flurries in Brooklyn.

If you think it was a Dem victory to prevent a Trump evisceration of the Government Accountability Office, a reminder: The 15-year term of the current head of GAO, the Comptroller General, ends in December. Not holding my breath for any Trump-appointed successor to hold Trump to account.

Well, the agency is called ICE, no?

When Hakeem Jeffries was asked if Mamdani would be the face of the party, the competent answer would have been, "The Democratic Party has and will continue to have many 'faces.' Our vision for the future will be pluralist, accommodating different policy agendas in different parts of the country."
In competitive primaries around the U.S. next year, candidates will decide the Democratic Party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision for the future.
Where Democrats Will Duel Next for the Party’s Future
In Michigan, Maine and many other states, primary candidates will decide the party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision.
nyti.ms

Reposted by Peter M. Shane

In competitive primaries around the U.S. next year, candidates will decide the Democratic Party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision for the future.
Where Democrats Will Duel Next for the Party’s Future
In Michigan, Maine and many other states, primary candidates will decide the party’s direction on a host of policy issues, and ultimately whether it has a center-left or left-wing vision.
nyti.ms

In @nytimes.com Letters to the Editot:

And thus shall “tosser” in American slang mean the opposite of what it means in British slang!

Love this!
Our gyro
Sandwich man leaving court

He suffers from Con Dementia.
If nothing else, the Trump administration is doing wonders to highlight the importance of jury trials.

“Sandwich Man let out his cry:
‘Lettuce stand up or tomato we die!”
THE BALLAD OF SANDWICH MAN

This is the taLE of Sandwich Man,
Whose aim was straight and true,
Who fought for his home with deli meats
As any man should do.

Border Patrolman Lairmore
Wore armor thick snd strong
When he felt the sting of a whole wheat roll
He shouted, “This is wrong!!

Reposted by Peter M. Shane

THE BALLAD OF SANDWICH MAN

This is the taLE of Sandwich Man,
Whose aim was straight and true,
Who fought for his home with deli meats
As any man should do.

Border Patrolman Lairmore
Wore armor thick snd strong
When he felt the sting of a whole wheat roll
He shouted, “This is wrong!!

Reposted by Peter M. Shane

If nothing else, the Trump administration is doing wonders to highlight the importance of jury trials.