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Here’s why Trump’s emergency declaration will fail — even though past presidents got away with it: Harvard Law professor

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A Harvard Law professor and co-founder of the Lawfare blog pointed out Friday that prior presidents declared national emergencies when no emergency was evident — but that Donald Trump’s has one key difference that makes it likely to fail.

Presidents, Harvard Law professor Jack Goldsmith tweeted, have “always had discretion” when it comes to emergencies and “they’ve often declared emergencies under circumstances short of necessity, to address a real problem but not an emergency as understood in common parlance.”

In 1992, influential George W. Bush administration official John Yoo and his colleague Harold Hongju Koh wrote in the Berkeley Law Scholarship Repository that presidents “have declared national emergencies with little regard to whether a real emergency has actually existed.”

As Goldsmith noted, that statement “has not changed” in the three decades since the paper was published.

With his national emergency declaration over the border wall Friday, Trump is continuing to build “on very broad congressional delegations and past presidential practices,” the Harvard Law professor wrote.

Nevertheless, Trump showed his hand in ways other presidents haven’t — and that might make all the difference.

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“Trump makes what he is doing seem, and in reality be, much worse because he suggests openly that there is no real emergency (‘I didn’t need to do this’), instead of (as past presidents did) hiding the ball or using more effective rhetoric in a less divisive context,” Goldsmith wrote.

Quoting an Atlantic article he wrote in October 2017, the professor noted that Trump, time and again, “hurts himself – legally if not otherwise – by his lack of hypocrisy.”

“As in many contexts,” Goldsmith concluded, “Trump by his willingness to push the envelope, combined with his shamelessness and lack of hypocrisy, shines the brightest of lights on how much power Congress has given away, and how much extraordinary power presidents have amassed.”

Read the entire thread below:

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‘Finally #MuellerTime’: Internet celebrates Mueller’s upcoming public testimony on Russia investigation

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On Tuesday, the House Intelligence and Judiciary Committees announced that special counsel Robert Mueller will publicly testify about the Russia investigation's findings before Congress.

Quickly, the internet reacted to the news:

This will really matter, even if Mueller merely repeats what he said in his report. The vast majority of Americans have never read it. https://t.co/ZuRHqbRAEv

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‘Quit trying to make Jared happen’: Ivanka ripped for praising her husband’s DOA peace plan for the Middle East

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First daughter and senior White House advisor Ivanka Trump was mercilessly ridiculed on Tuesday after praising the so-called "peace plan" for the Middle East created by her husband, Jared Kushner.

The couple, known as Javanka, have been highly criticized for having had no government experience prior to joining the administration and needing presidential intervention after being unable to obtain security clearances.

Ivanka tweeted a quote from her husband at the "Peace to Prosperity workshop today in Bahrain" and urged her Twitter followers to watch his full speech.

Kushner's plan was rejected by the Palestinians before even being released.

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The Navy accidentally nominated a convicted child sex predator to be a future department head

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On Tuesday, the Navy Times reported that Lt. j.g. Michael D. McNeil was nominated, along with several other junior service officers, as eligible to be a future department head by the Navy Personnel Command.

This would be somewhat surprising, given that McNeil is currently serving a 10-year sentence in federal prison in Texarkana, Texas, for soliciting sex from a 12-year-old deaf girl.

The reason why McNeil was listed as under consideration is that the Navy had not yet updated his records with the "civil action report" noting his conviction, which was handed down in March. Navy records still listed him as active duty and assigned to the guided-missile destroyer Lassen when the list was drafted.

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