Benjamin Wittes (@benjaminwittes )

Benjamin Wittes

Bio Senior Fellow at @BrookingsInst. Editor in Chief of @lawfareblog. Law Analyst for @nbcnews and @msnbc. It was snowing. And it was going to snow.
Location Washington DC
Tweets 28,1K
Followers 373,5K
Following 1,7K
Account created 04-09-2010 02:04:41
ID 186667011

iPhone : For a more in-depth treatment of executive privilege generally, or at least my take on it, I've posted my draft paper *The Executive's Privilege* on SSRN. Am revising now for submission and would certainly appreciate any comments
papers.ssrn.com/sol3/papers.cf…

iPhone : If of interest, I did some thinking & writing a/b executive privilege & impeachment Lawfare examining:
1) Senate witnesses & exec priv lawfareblog.com/testimony-and-…
2)obstruction charge and OLC's args lawfareblog.com/obstruction-co…
3)whether House should have sued lawfareblog.com/should-house-h…

Twitter Web App : So why then has David been branded "highly controversial" by the president? Why has he been treated like some kind of partisan warrior? The goalposts have moved. If you're not prepared to be even-handed between Trumpist nonsense and the truth...

Twitter Web App : Second, those who were expecting David to produce some "deep state" or swampy political defense of the bureau are going to be a bit perplexed by this document. No, it doesn't call for the abolition of the FISC or any nonsense like that. But it is in no sense a defense.

Twitter Web App : ...while being attacked by the President of the United States, memebers of Congress, and the entire Fox News information ecoystem.

Twitter Web App : And he proposes some imaginative additional steps that you have to be very deep in the FISA weeds to have perceived.

Put simply, I don't think there's anyone else who could have written a brief this sober, serious, and constructive—certainly not in a few days ...

Twitter Web App : It is also, within the confines of the FISC's request to David—which asked him to analyze the FBI's proposals to improve accuracy in FISA applications—hard-hitting. While David treats the bureau's proposed remedies thoughtfully, he concludes they don't go far enough.

Twitter Web App : First, anyone who actually reads this brief will realize immediately why the FISC asked David to write it. It is exactly the sort of dense, serious-minded, independent, and non-political analysis that David does.

Twitter Web App : I wouldn't normally tweet out an amicus brief to the Foreign Intelligence Surveillance Court, but given the faux "controversy" over the FISC's request that David Kris write this brief, a few words about it seem appropriate.
lawfareblog.com/david-kris-sub…

iPhone : The observation that “non-outrage treating is now a civic duty” resonates with me rather deeply. Thanks to granick for giving eloquent voice to something that has been stirring within me for a while—and in a way that feels actionable. twitter.com/granick/status…