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Posts by Frank Bowman

Why respond to this character's posts? He's a disingenuous, self-promoting mediocrity. If he files briefs in cases or others cite his law review work, sure, dissect arguments. But plz don't bother fighting w/ him on social media. Classic case of mud wrestling with swine. You get muddy. He likes it.

6 days ago 7 0 3 0

First proposition was, generally, true pre-Trump. But wholesale exodus of good, ethical lawyers from USAOs over last year means that their replacements will include increasing number of AUSAs who are both less ethical and less competent. It's a tragedy.

6 days ago 5 0 0 0
MSN

As a realist, I'd rather have Fetterman as PA senator than any politically plausible Republican. But his evident mental decline & his increasingly MAGA-friendly voting pattern would move me to support a politically viable Dem primary challenger.
www.msn.com/en-us/news/p...

6 days ago 1 0 0 0
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"Total systemic friction on the cartels."

Translation: We just executed two people without charges or a trial.

Do these people think elliptical bureaucratese will change the law of armed conflict or immunize them from prosecution?

1 week ago 5 2 0 0

As we've learned through our Hungarian daughter-in-law, Hungarians are, as they themselves admit, notoriously taciturn, even kinda grumpy.

My wife's comment watching wild celebrations in Budapest: "I've never seen a Hungarian smile so much."

God bless 'em all!

1 week ago 3 0 0 0

Makes me tear up. The power of ordinary people.

My Hungarian daughter-in-law flew back to Budapest from where they live in Sweden to vote.

They cared enough to do this. Perhaps we can, too.

1 week ago 3 0 0 0

See Hart, Gary and the good ship "Monkey Business."

1 week ago 2 0 0 0
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Trump Issued Perhaps His Most Terrifying Executive Order on Tuesday Having already subdued Congress, Trump has now openly announced that the Führerprinzip governs the executive branch.

I warned about this last year (not that I claim any unique perspicacity in doing so).

slate.com/news-and-pol...

1 week ago 0 0 0 0
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See my upcoming book: "Pardons: Discretionary Clemency and the Rule of Law in Britain and America 1066-2026" (Cambridge U Press) in which I, sadly, conclude that constitution should be amended to abolish or severely limit presidential pardon power.

1 week ago 3 1 0 0

Rao.... Don't know how she writes this stuff while panting so furiously for elevation to SCOTUS. You'd think she'd hyperventilate and faint.

1 week ago 12 3 0 0
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Rao.... Don't know how she writes this stuff while panting so furiously for elevation to SCOTUS. You'd think she'd hyperventilate and faint.

1 week ago 0 0 0 0

You can "treat" them however you like, but as to persons pardoned, they'll be valid.

And unless Trump v US is overturned, the issuer will have no criminal liability for issuing them.

Would they be impeachable offenses? Yes. But a lot of good that'll do.

Not a happy picture.

1 week ago 3 0 0 0

2/2 To be sure, in midterm campaign Dems should pound Rs w/ Trump's conduct constituting "high crimes & misdemeanors." Individually and collectively, these are arguments that can have incremental electoral impact. If Dems control Congress thereafter, that will be time to discuss impeachment.

1 week ago 0 0 0 0

1/2 Agree. Without Hse majority, Ds can neither secure actual "impeachment" - meaning majority vote in Hse for articles of impeachment -nor launch impeachment investigation w/ subpoena power. No R will vote for either. Screaming at Dems to launch a foredoomed crusade now is pointless.

1 week ago 1 0 1 0

I get it. Wurman is easy to dunk on because he's a guy of modest intellectual accomplishment nakedly selling his integrity for his sad conception of prominence. But dogpiling him just aids his project.

Dismantle his arguments when necessary, but so far as possible, ignore the guy himself.

1 week ago 0 0 0 0
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This is so well done. 👌

1 week ago 19644 8272 566 768

2/2 But when law profs write scholarship, they r not teaching advocates w/ professional obligations to represent interests of others. They r (or should be) articulating their own honestly held views supported by best available evidence & argument. There intellectual rigor & honesty r of the essence.

1 week ago 11 2 0 0

1/2 Not really. In educating our students, we're training them to perform a socially necessary task - representing clients some of whom will have done a legal wrong and others who will have acted in legal grey zones. Our legal system depends on zealous advocacy of both sides in such situations...

1 week ago 10 0 2 0

3/3 to arrive at your preferred social or political outcome, then, in my view at least, you are just running an intellectual scam.

1 week ago 1 0 0 0
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2/3 social ordering. But if one claims to be conservative "originalist" who purports to employ evidence about original public meaning to arrive at verifiably "correct" conclusions, but then abandons the method (as in Trump v US presidential immunity case) or regularly cherry picks hx evidence...

1 week ago 1 0 1 0

1/3 "Making stuff up" is not a problem limited to the right. But it can seem more galling. If one is a liberal "living constitution" judge, then it's at least consistent to support your conclusions about contestable constitutional claims w/ arguments about consequences or preferred modes of ...

1 week ago 1 0 1 0

Well, what would one expect in a discipline in which novelty of argument is perceived as a virtue (and a path to prominence), virtually every proposition is contestable (as we teach our students), and almost no claim is falsifiable (at least in sense hard science uses the term)?

1 week ago 26 1 2 2

Iran imbroglio proves again that, even leaving mad king aside, US policy at highest levels is being run by amateurs: fools practically pickled in hubris. E.g. we r sending to negotiate with Iranians 2 real estate developers & 41-yr-old VP whose sole experience in public office is 2 yrs as a senator.

1 week ago 6 2 1 0

Maybe electing a person to be President who never spent one second in the government or the military ever wasn’t a great idea.

1 week ago 4041 650 247 36

What's remarkable about this is how utterly "normal" - in sense of predictable - it now seems. We now expect that nothing Trump can do - including express threat of genocide - will elicit even a murmur of dissent from congressional Republican leaders. At no prior point in US history was this true.

2 weeks ago 8 5 0 0

2/2 would always be present. But in our new dystopia dangerous because happy to sell out if given opportunity.

2 weeks ago 18 2 2 0

1/2 Most USAOs have guys like this. Underachievers or closet ideologues bitter because their self-concept doesn't match their career trajectory. Consigned to obscurity because not quite rotten enough to take trouble to fire. Hitherto not thought worrisome because all assumed adult supervision...

2 weeks ago 23 4 1 0
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FWIW, RAI is great place. I've done one fellowship in residence there & will be going back again next spring. Lovely folks. Nice bldg. Just across wall from Mansfield College & block or so frm University Parks & the Cherwell. By US univ standards, all Oxford pay is low. But it's Oxford... So...

2 weeks ago 2 0 0 0

Come on, Rick. The original headline was priceless! A hed for the ages. I can't believe NYT folded in the face of a bunch of humorless prunes. 😁

2 weeks ago 1 0 0 0
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BREAKING: Trump Administration Orders Dismantling of the U.S. Forest Service The headquarters is going to Utah. Every regional office is being shuttered. The research program is being destroyed.

the trump administration is selling this country wholesale to rapacious, extractive industries that will destroy our collective resources for private profit morethanjustparks.substack.com/p/breaking-t...

2 weeks ago 7416 3367 208 2