@davidasuper.bsky.social
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davidasuper.bsky.social
Scary: that raccoon is wearing a mask. Likely up to no good, right?
courtneyvaughn.bsky.social
Streets are still closed off in front of the Portland ICE facility at 8:30pm. Protesters have gathered on a side street. Dance party in progress.
davidasuper.bsky.social
Comey violated clear Justice Department policy by disclosing shortly before the election by disclosing that Clinton was under investigation but skewed the impact by failing to disclose that Trump was, too. That could have turned the election. But nothing is ever enough for Trump.
davidasuper.bsky.social
The Comey prosecution is rightly seen as an example of corrupting the Justice Department and Trump's vindictiveness. But it also demonstrates Trump's insatiable desire for appeasement. Comey did as much as any single person to elect Trump president.
www.nytimes.com/live/2025/10...
Live Updates: Comey Will Seek to Dismiss Case as Vindictive Prosecution
www.nytimes.com
davidasuper.bsky.social
I'm not sure. Trump and Hegseth are already firing top uniformed leaders for perceived insufficient personal loyalty. If they complain about these events, we have no reason to think Trump/Hegseth will back down rather than replace the complainers with politicized hacks.
phidipdbq.bsky.social
“Senior military leaders should have stepped in to prevent Trump from turning addresses at Fort Bragg and Naval Station Norfolk into political rallies; the silence of the Army and Navy secretaries, the Joint Chiefs of Staff, and some top generals and admirals is appalling.”
davidasuper.bsky.social
The White House updated it: "No money shall be drawn from the Treasury but in consequence of a social media post by the President."
nycsouthpaw.bsky.social
“No money shall be drawn from the treasury, but in Consequence of Appropriations made by Law.”
peark.es
Well that's not how appropriations work at all

*WHITE HOUSE TO TRANSFER TARIFF REVENUE TO FUND WIC: LEAVITT
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steventdennis.bsky.social
Kind of ironic: The reason why the government is shut down right now is because Kyrsten Sinema and Joe Manchin saved the 60-vote rule.
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davidasuper.bsky.social
My latest, on the government shutdown. Turns out it is a lot harder to make a deal when you (a) refuse to negotiate, and (b) openly violated the last deal you made.
Balkinization: Shutdown, You’d Better Take Care share.google/EsKosGQkqiyV...
Shutdown, You’d Better Take Care
Appropriations for much of the federal government just lapses.   This begins a partial shutdown of the federal government.   The gene...
share.google
davidasuper.bsky.social
My latest, on the government shutdown. Turns out it is a lot harder to make a deal when you (a) refuse to negotiate, and (b) openly violated the last deal you made.
Balkinization: Shutdown, You’d Better Take Care share.google/EsKosGQkqiyV...
Shutdown, You’d Better Take Care
Appropriations for much of the federal government just lapses.   This begins a partial shutdown of the federal government.   The gene...
share.google
Reposted
bbkogan.bsky.social
As a reminder, doing the work necessary to conduct RIFs during a shutdown is illegal
bbkogan.bsky.social
New OPM guidance says OMB "has determined" agencies may do work on mass firings during shutdowns.

This seems like a blatant Antideficiency Act violation, which caries criminal penalties.

However, the Trump admin won't prosecute itself, so this is yet more broken budget laws from the Trump admin

🧵
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smashfizzle.bsky.social
I’m becoming more and more concerned that people at high levels of public discussion cannot identify the difference between a genuinely viral conversation vs a bunch of bots making noise.
charlesornstein.bsky.social
“Bots or likely bots authored 44.5% of X posts mentioning Cracker Barrel in the 24 hours after the new logo gained attention on Aug. 20, according to research for ⁦‪@WSJ‬⁩ by PeakMetrics. That number rose to 49% among posts calling for a boycott.”
Bot Networks Are Helping Drag Consumer Brands Into the Culture Wars
AI tools have made coordinated attacks targeting corporations much more common, researchers say.
www.wsj.com
davidasuper.bsky.social
Yup. Yet a lot of the media is treating it as meaningful for no coherent reason.
nicholasbednar.bsky.social
Over at @lawfaremedia.org, I discuss the OMB latest memo on RIFs:

"OMB’s memo amounts to a threat that agencies will simply continue the actions they have pursued for the past nine months. Why this would provide the Trump administration with meaningful leverage in negotiations is unclear."
lawfaremedia.org
Unless the Senate acts, the government will shut down midnight on Wednesday.

@nicholasbednar.bsky.social evaluates OMB Director Russ Vought's plan to use this shutdown as a springboard for permanent federal workforce cuts.
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mmasnick.bsky.social
White House Deputy Press Secretary seen here posting data showing how much more prevalent right wing domestic terrorism is than left wing domestic terrorism... while thinking she's showing the reverse.

Apparently she can only read headlines, but not the actual graph with the data.
Abigail Jackson saying: Democrats, calling your political opponents Nazis has consequences. 

Study: Left-wing terrorism climbs to 30-year high

And posting a graph from Axios that shows WAY WAY WAY more right wing terrorism, and showing a very slight increase in left wing terrorism this year that would still have it lower than basically every other year of right wing terrorism.
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akalhan.bsky.social
What we might refer to as a "Kavanaugh Stop"
reichlinmelnick.bsky.social
WOW. The lead plaintiff is a Latino man who's been here legally for 24 years. He was grabbed off the street by plainclothes federal agents who didn't even ASK about his status.

He was detained overnight and only released once a supervisor realized he had been illegally arrested.
PARTIES3. Plaintiff José Escobar Molina is a 47-year-old man who has lived in D.C. for 25 years. He has maintained valid Temporary Protected Status (“TPS”) for El Salvador since 2001. On August 21, 2025, Mr. Escobar Molina was walking from his apartment building in Northwest D.C.to his work truck, about to start his workday, when two cars pulled up next to him. As he was about to get into his truck, plain-clothed and unidentified federal agents exited the cars and—without conducting any inquiry—seized Mr. Escobar Molina, grabbing him by the arms and legs and immediately handcuffing him. The agents arrested him without a warrant and without asking for his name, his identification, or anything about his immigration status. The agents also did not ask him where he lives, whom he lives with, how long he has lived here, or anything else about his ties to the community prior to arresting him. After ICE detained Mr. Escobar Molina overnight at its processing center in Chantilly, Virginia, the next day an ICE supervisor finally realized that he had valid TPS, which statutorily prohibits ICE from detaining him, and released him. Due tohis Latino ethnicity, Mr. Escobar Molina fears being arrested and detained again while going about his daily life in D.C.
davidasuper.bsky.social
The Court also says it is concerned about whether mandamus is available in this case. If the Court ultimately finds no remedy, it effectively reverses Clinton v. NY, a 6-3 decision in which Justice Thomas (and then-Chief Justice Rehnquist) were in the majority. That would be a huge capitulation./End
davidasuper.bsky.social
All that being said, the Court takes seriously two arguments that are deeply unserious. It says the Administration has a possible argument that the Impoundment Control Act precludes litigation against impoundments, a position initially taken but then abandoned by the conservative D.C. Circuit panel.
davidasuper.bsky.social
That leaves open the result in challenges to domestic impoundments. There is none of the truculence we have seen in other recent shadow docket decisions favoring the Administration. And, again, most of the impounded funds will flow as they are outside the stay.
davidasuper.bsky.social
Appropriations Law is complicated, and S.Ct. appropriations cases in recent years have recognized that. The Court repeatedly emphasizes that this is only a preliminary result, grounded primarily in a balancing of the equities in favor of the President's foreign policy powers.
davidasuper.bsky.social
Deeply disappointing order from the Supreme Court in the USAID impoundment case. The Court grants a stay for something under half of the impounded funds, letting the district court's order stand for the majority of the money. A short 🧵.
davidasuper.bsky.social
He is definitely NOT O.K. with having Trump endorse his primary opponent. The rest follows.
kevinmkruse.bsky.social
Hey, senator, a couple quick questions.

Has Congress historically played any kind of role as a watchdog against abuses of power by executive agencies?

Does it have any committees dedicated to "oversight" of "governmental affairs"?

Does "your lane" involve betraying the oath of office you took?
atrupar.com
RAJU: Are you personally okay with Trump telling the AG to go after his political opponents?

MIKE ROUNDS: We need to stay in our lane, and our lane is doing our job

(That's a yes)
davidasuper.bsky.social
So what it is saying it will do has nothing to do with a government shutdown. If it thinks politically it can do without these employees, it will illegally RIF them shutdown or no shutdown. And if it doesn't, this is all a big bluff. Either way, it should change nobody's calculation about a shutdown
davidasuper.bsky.social
In addition, federal civil service law provides procedures for RIFs, including notice, with which this clearly doesn't comply. So these are illegal RIFs. The Administration has illegally RIFed federal employees before, without any threat of an appropriations lapse.
davidasuper.bsky.social
In an appropriations lapse, it is unlawful for the Administration to take any actions not otherwise funded except to shut down the government or to protect life and property. RIFing federal employees is not necessary to shut down the government: furloughs have always proven sufficient.
davidasuper.bsky.social
Some are being misled by OMB memo on RIFs in the event of a government shutdown. It's a pure smokescreen, meant to distract from the Administration's intransigence. It's also almost certainly unlawful. A short 🧵.
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drfarls.bsky.social
People here will rant and rage against the "Democratic Consultant Class" for being too dependent on polling, and then in the next post will cite the most specious possible polls for whatever they're preferred positions are...