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Emi And The Desert Crow

@emdissents.bsky.social

Girl with the Alexander Hamilton tattoo. ๐Ÿ’™โš–๏ธ Posting about the law (and live posting important hearings!) I have ADHD, there will also be chaos. "With fear for our democracy, I dissent." Substack: open.substack.com/pub/emiandthedesertcrow

10,634 Followers  |  15,204 Following  |  5,855 Posts  |  Joined: 09.10.2024
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Posts by Emi And The Desert Crow (@emdissents.bsky.social)

MTG has gone on a tear! Sheโ€™s appropriately reflecting the rage I feel, which isnโ€™t something any โ€œI reject this warโ€ฆbut the Ayatollah was badโ€ statement can ever do.

04.03.2026 02:40 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

๐Ÿคฃ Iโ€™m likeโ€ฆreally invested in the Massie-Khanna team now lol (I need the good people of KY-04 to reject the MAGA candidate in the primary, please and thank you. Yeah I have major policy differences with Massie on most things, but damn will he stand on his principles!)

04.03.2026 02:35 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 3    ๐Ÿ“Œ 0

I really dread to think lol. Why are they so damn good at making perfume feel SUBLIME?!? ๐Ÿ˜†

04.03.2026 02:31 โ€” ๐Ÿ‘ 2    ๐Ÿ” 0    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0

I tried archive earlier and couldnโ€™t get it to load for some reason! Thank you for the kind offer! I gave in and subscribed lol ๐Ÿคญ

04.03.2026 02:11 โ€” ๐Ÿ‘ 2    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

It is expensive, I will pay for quality journalism. Two things Iโ€™m sadly addicted to: quality journalism and quality perfume ๐Ÿ˜† Nobody ask me how much money Iโ€™ve given Guerlain in the past 12 months lol

04.03.2026 02:10 โ€” ๐Ÿ‘ 2    ๐Ÿ” 0    ๐Ÿ’ฌ 3    ๐Ÿ“Œ 0

I briefly got distractedโ€ฆthen remembered I was meant to be doing this.

I paid $79.99 to access this article ๐Ÿ˜… (I have been meaning to subscribe for a while though)

Behold my gift link! www.theatlantic.com/politics/202...

03.03.2026 22:02 โ€” ๐Ÿ‘ 6    ๐Ÿ” 4    ๐Ÿ’ฌ 3    ๐Ÿ“Œ 0

(The Daily Beast is piggybacking off of an article in The Atlantic which Iโ€™ve only been able to read the first paragraph of because I donโ€™t have a subscription. Fuck it, Iโ€™ll have to go and pay ๐Ÿ˜†)

03.03.2026 21:40 โ€” ๐Ÿ‘ 5    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
Preview
Sinister Trump Plot to Steal GOP Rebelโ€™s Staff Revealed Rep. Thomas Massie alleges a pressure campaign that included poaching his own staff.

The โ€œmost transparent administration in historyโ€ tried to lure away his staff as part of a campaign to stop the release of the Epstein Files.

www.thedailybeast.com/sinister-don...

03.03.2026 21:40 โ€” ๐Ÿ‘ 8    ๐Ÿ” 5    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 1

The line from the law firms (โ€œUnder no circumstances should the government's unexplained about-face provide a basis for an extension of its briefโ€) is highly relevant because DOJ has a filing due on Friday.

03.03.2026 18:06 โ€” ๐Ÿ‘ 6    ๐Ÿ” 2    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0

Yes, sadly, because it doesnโ€™t really have the option to say no. The original motion to dismiss was still to be decided, so thereโ€™s no prejudice to the law firms (the key point) and whether to pursue the appeal is up to the appellants. But the court will be wise to any more games.

03.03.2026 17:51 โ€” ๐Ÿ‘ 2    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
MOTION TO WITHDRAW MOTION TO VOLUNTARILY DISMISS
APPEALS
Defendant-Appellants respectfully move to withdraw their motion
to voluntarily dismiss these consolidated appeals. Counsel for
Defendant-Appellants reached out to counsel for Plaintiff-Appellees for
their position. All Plaintiff-Appellees oppose stating, "Plaintiffs-
Appellees oppose the government's unexplained request to withdraw
yesterday's voluntary dismissal, to which all parties had agreed. Under
no circumstances should the government's unexplained about-face
provide a basis for an extension of its brief." Regardless of Plaintiff-Appellees position, this Court has not yet granted the motion to dismiss, and it is the prerogative of Defendant-Appellants to pursue
this appeal. In addition, there is no prejudice to Plaintiff-Appellees in
the Court granting this motion. This Court should grant this motion to
withdraw.

MOTION TO WITHDRAW MOTION TO VOLUNTARILY DISMISS APPEALS Defendant-Appellants respectfully move to withdraw their motion to voluntarily dismiss these consolidated appeals. Counsel for Defendant-Appellants reached out to counsel for Plaintiff-Appellees for their position. All Plaintiff-Appellees oppose stating, "Plaintiffs- Appellees oppose the government's unexplained request to withdraw yesterday's voluntary dismissal, to which all parties had agreed. Under no circumstances should the government's unexplained about-face provide a basis for an extension of its brief." Regardless of Plaintiff-Appellees position, this Court has not yet granted the motion to dismiss, and it is the prerogative of Defendant-Appellants to pursue this appeal. In addition, there is no prejudice to Plaintiff-Appellees in the Court granting this motion. This Court should grant this motion to withdraw.

WTF is going on at DOJ?! Yesterday they moved to dismiss the appeal of all the law firm cases and now they want to withdraw that motion to dismiss, because โ€œit is the prerogative of Defendant-Appellants to pursue this appeal.โ€

03.03.2026 17:39 โ€” ๐Ÿ‘ 3    ๐Ÿ” 0    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 1

Thanks!

01.03.2026 18:21 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

I have no idea what that is ๐Ÿ˜†

01.03.2026 18:02 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0
Some guy named Charles on Twitter posting a screenshot of Thomas Massieโ€™s tweet saying โ€œthe U.S. is attacking Iran according to APโ€ โ€” he then linked to the AP article. Charles suggested Massieโ€™s post is indicative of him knowing about the strikes two hours before โ€œthey were officially announcedโ€ (I know, itโ€™s painfully stupid).

Then Laura Loomer retweeted Charles and said: Thomas Massie needs to be investigated. Who is leaking to Massie?
Leaking classified information is a crime.
@PeteHegseth @POTUS

Good god above, spare me this insanity (I said that bit. Not Laura).

Some guy named Charles on Twitter posting a screenshot of Thomas Massieโ€™s tweet saying โ€œthe U.S. is attacking Iran according to APโ€ โ€” he then linked to the AP article. Charles suggested Massieโ€™s post is indicative of him knowing about the strikes two hours before โ€œthey were officially announcedโ€ (I know, itโ€™s painfully stupid). Then Laura Loomer retweeted Charles and said: Thomas Massie needs to be investigated. Who is leaking to Massie? Leaking classified information is a crime. @PeteHegseth @POTUS Good god above, spare me this insanity (I said that bit. Not Laura).

Jesus Christ. It was the Associated Press, Laura.

He posted a link to a news article, from a legitimate news outlet, reporting on the news in real time. IT LITERALLY SAYS โ€œACCORDING TO APโ€ OHMYGOD

Every time I think weโ€™ve hit peak stupidity, I discover there are yet more depths to mine.

01.03.2026 18:02 โ€” ๐Ÿ‘ 16    ๐Ÿ” 3    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

FFS

28.02.2026 23:22 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

The War Powers Resolution remains operative. Absent an imminent threat, conducting air strikes without even consulting Congress, let alone obtaining authorization, places the president at the โ€œlowest ebbโ€ of authority under Justice Jacksonโ€™s concurrence in Youngstown.

5/5

28.02.2026 14:00 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

Congress has authorized hostilities in that period, and the Supreme Court recognizes that the Declare War Clause includes congressional authorization of limited operations short of all-out war.

4/5

28.02.2026 14:00 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

There have been no formal declarations of war since WWII, but no one could seriously argue the U.S. hasnโ€™t waged war since then.

3/5

28.02.2026 14:00 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

โ€œHostilitiesโ€ can constitute war without a formal declaration (Bas v. Tingy). Air strikes against a sovereign nation, where the president has explicitly said to expect U.S. casualties (because that โ€œoften happens in warโ€), are quite obviously hostilities.

2/5

28.02.2026 14:00 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

The Korean War was never formally declared; it was โ€œpolice action.โ€

The Vietnam War was never formally declared; it was โ€œmilitary advisersโ€ assisting โ€œoperations.โ€

There is no war in Ukraine, only a โ€œspecial military operation.โ€

This is a rhetorical trick.

1/5

28.02.2026 14:00 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
Netanyahu Calls Iran Strikes Necessary To Prevent War He Just Started

Netanyahu Calls Iran Strikes Necessary To Prevent War He Just Started

Netanyahu Calls Iran Strikes Necessary To Prevent War He Just Started

28.02.2026 07:19 โ€” ๐Ÿ‘ 23653    ๐Ÿ” 7117    ๐Ÿ’ฌ 735    ๐Ÿ“Œ 406
28.02.2026 08:57 โ€” ๐Ÿ‘ 8    ๐Ÿ” 5    ๐Ÿ’ฌ 2    ๐Ÿ“Œ 0
NYT live blog:
The constitution grants Congress alone the power to formally declare war, something that even Republicans on Capitol Hill have sought to remind Trump of this week. In his video remarks, the president indicated that he understood this operation to be a war, citing the possibility of American "casualties that often happens in war." His declaration that "no president was willing to do what I am willing to tonight" speaks to the likely unilateral decision-making from the White House.

NYT live blog: The constitution grants Congress alone the power to formally declare war, something that even Republicans on Capitol Hill have sought to remind Trump of this week. In his video remarks, the president indicated that he understood this operation to be a war, citing the possibility of American "casualties that often happens in war." His declaration that "no president was willing to do what I am willing to tonight" speaks to the likely unilateral decision-making from the White House.

โ€œThe constitution grants Congress alone the power to formally declare warโ€ฆ In his video remarks, the president indicated that he understood this operation to be a war, citing the possibility of American "casualties that often happens in war."โ€๏ฟผ

28.02.2026 08:56 โ€” ๐Ÿ‘ 2    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 1
NYT headline: U.S. AND ISRAEL
STRIKE IRAN

NYT headline: U.S. AND ISRAEL STRIKE IRAN

He ripped up the nuclear deal then bombed Iran when they wouldnโ€™t agree to a new one.๏ฟผ

28.02.2026 08:56 โ€” ๐Ÿ‘ 6    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

Yes, it has. And it could still be used now, but everyone involved has decided they want to ignore it, avoid the Senate, and direct inflammatory barbs at judges instead.

Yes Todd, it has been that way โ€œfor decadesโ€. Then you lot came along and it changed. This is very much a You Problem.

12/12

28.02.2026 03:12 โ€” ๐Ÿ‘ 2    ๐Ÿ” 0    ๐Ÿ’ฌ 0    ๐Ÿ“Œ 0

No one is trying to prevent the president from appointing U.S. attorneys. Blanche says the process for making appointments โ€œhas been seamlessly and repeatedly used for decadesโ€.

11/12

28.02.2026 03:12 โ€” ๐Ÿ‘ 1    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

So who is really going โ€œrogueโ€ and โ€œunilaterallyโ€ appointing people, completely bypassing the proper process?

10/12

28.02.2026 03:12 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

Yes, the District Courts have appointed U.S. attorneys recently, because these guys have been playing games in an effort to install people who had no hope of being confirmed by the Senate (Habba, Halligan etcโ€ฆthere are quite a few now).

9/12

28.02.2026 03:12 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0
The Department of Justice and federal courts routinely handle interim appointments through consultation that respects the separation of powers. Now, in a few rogue districts, judges have abandoned this time-honored process and unilaterally decided to appoint a temporary U.S. attorney of their choice.

It should come as no surprise that when judges inappropriately act unilaterally, the outcome is simple: A prosecutor selected solely by the judiciary will not remain in office.

Todd Blanche
Washington

The Department of Justice and federal courts routinely handle interim appointments through consultation that respects the separation of powers. Now, in a few rogue districts, judges have abandoned this time-honored process and unilaterally decided to appoint a temporary U.S. attorney of their choice. It should come as no surprise that when judges inappropriately act unilaterally, the outcome is simple: A prosecutor selected solely by the judiciary will not remain in office. Todd Blanche Washington

This paragraph is particularly infuriating. Abiding by the statute is being branded as a โ€œrogueโ€ action.

8/12

28.02.2026 03:12 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0

This is also supported by Supreme Court precedent: Edmond v. United States and Morrison v. Olson (for nowโ€ฆthe right of the Court hates this decision), as well as a case in the First Circuit, United States v. Hilario.๏ฟผ

7/12

28.02.2026 03:12 โ€” ๐Ÿ‘ 0    ๐Ÿ” 0    ๐Ÿ’ฌ 1    ๐Ÿ“Œ 0