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Justin Levitt @justinlevitt.bsky.social · 6h

264/ Seeing ghosts. ('Tis the season.) #ajax #dogsky

A very good boy staring very hard at nothing.

Justin Levitt @justinlevitt.bsky.social · 6h

“Boy Who Cries Wolf” is getting ready to cry wolf. Yeah, we know. It’s what he does. The 5739th time he says it and it turns out not to be true, it kinda loses its impact for #5740.

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Justin Levitt @justinlevitt.bsky.social · 6h

I don’t understand this fear that POTUS is “laying the groundwork” to claim the elections were rigged. He’s GOING to say it. The only people who’ll believe it (and there are fewer and fewer) will believe it with or without “groundwork.” What work do you think this “groundwork” is doing?

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Amalia Sancha @amalias.bsky.social · 8h

Maybe the new press secretary wrote it?

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Justin Levitt @justinlevitt.bsky.social · 9h

The only reason this isn't 100% doomed is becauase it may just sit there like a becalmed ghost pirate ship. Despite a lot of frenzy in the complaint, I don't believe they've asked the court for quick relief. Maybe because if they do, they know they'll get an even swifter kick in the rear.

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Justin Levitt @justinlevitt.bsky.social · 10h

This is a press release masquerading as a lawsuit. It's comically atrocious. In order to win this case, DOJ has to persuade an actual federal judge. And it's going to be difficult for a judge to get through this document without laughing.

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Justin Levitt @justinlevitt.bsky.social · 10h

Just read the DOJ complaint against CA. All you need to know is in the claim for relief, which reads like it wasn't written by anyone who graduated law school. DOJ is 0-26 in suits to get voter files. If they enjoy losing, I've got good news for them. storage.courtlistener.com/recap/gov.us...

CLAIM FOR RELIEF:
"Violation of the Supremacy Clause as Applied to California's Actions of Knowingly Sending Vote-By-Mail Ballots to Likely Noncitizens and Ultimately Counting Those Ballots in Violation of 18 U.S.C. s 611" ...
which isn't how you write a claim for relief, because this doesn't actually cite any source of law that says DOJ should win this case.

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Justin Levitt @justinlevitt.bsky.social · 15/10/2026

263/ I don't actually know what he did. But it kinda looks like he does. #ajax #dogsky

A very good boy looking like he's apologizing for something a very good boy would never do.

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Matt Thiessen @mattthiessen.bsky.social · 15/10/2026

Academics on the first day of classes v. academics one month into term.

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Justin Levitt @justinlevitt.bsky.social · 15/10/2026

And the end of this, Rep. Harris says "thank her profusely." And that's the only part of this he gets right. Because the student journalist -- who's 100% right here -- provided an courageous opportunity to educate everybody about the First Amendment. They _should_ be thanking her profusely.

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Justin Levitt @justinlevitt.bsky.social · 14/10/2026

Also, not for nothing, but no jurisdiction in the country right now wshould be inclined to plug a thumb drive from DOJ/DHS into any computer that's not airgapped. (SMDH.)

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Justin Levitt @justinlevitt.bsky.social · 14/10/2026

Correct. But if those investigations come from a mass list that DOJ/DHS has supplied, it's still a program of systematic removal, and would have to wait until after the election. Precisely because Congress recognized that there isn't time to do that thoughtful individual work right now.

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Justin Levitt @justinlevitt.bsky.social · 14/10/2026

If the CA letter in the Reuters story says what it says, this is nonsense. Even if the data were accurate (and there's zero chance), it would be illegal for CA to _act_ on the letter at this point in the cycle. Those were the conditions SCOTUS laid out, right? www.reuters.com/world/us-jus...

A portion of the Supreme Court's order allowing use of the (now broken by the federal government) SAVE database to go forward, explaining that there's a statutory provision that sure seems to prohibit bulk action against noncitizens this close to an election.

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Justin Levitt @justinlevitt.bsky.social · 14/10/2026

262/ Looks like he's not going anywhere for a minute. #ajax #dogsky

One very good boy lying on another very good boy.

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Justin Levitt @justinlevitt.bsky.social · 13/10/2026

I have been screaming this sentence into the wind for 18 years.

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David Ryan Miller @davidryanmiller.com · 12/10/2026

Hold 👏 them 👏 in 👏 contempt 👏

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Justin Levitt @justinlevitt.bsky.social · 12/10/2026

I really don’t understand why Republican members of Congress think this won’t happen to them at some point. Law firms, universities, TV networks, AI firms - so much proof bad behavior doesn’t stop at the first transgression. If for no reason other than self-preservation, folks, wake the f up.

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Justin Levitt @justinlevitt.bsky.social · 12/10/2026

261/ Sleepy Monday too, as it turns out. #ajax #dogsky

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Adam Bonin @adambonin.bsky.social · 12/10/2026

Yep. Defending Main Street PAC—a GOP SuperPAC focused on boosting non-MAGA Republicans—spent $20-25K on digital ads against Troy Jackson in Portland ... OREGON. Receipts: adstransparency.google.com/advertiser/A...

Included regions selected for this ad
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Justin Levitt @justinlevitt.bsky.social · 12/10/2026

Cabinet officials seem to be jockeying for who gets to be the first to be impeached. (At this point, they've earned it in parallel batches: no need to decide who's first.)

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Justin Levitt @justinlevitt.bsky.social · 12/10/2026

Sensibly, the article itself doesn't mention the Senate at all. 'Cause a "redistricting push" hasn't been an issue for the Senate since 1913.

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brad @bradiscranky.bsky.social · 11/10/2026

everyone who thinks there's one neat trick should be sentenced to a full week of canvassing door to door in a middle income suburb

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Justin Levitt @justinlevitt.bsky.social · 10/10/2026

259/ Technically at work, yes, but in the break room. #ajax #dogsky

A very good boy in his very good office.

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Sam Levine @samrlevine.bsky.social · 09/10/2026

I went to Missouri, where voters are furious over a GOP-attempt to gerrymander maps. "“Everybody wants to motherfuck the secretary of state,” said Bernie Ryan, a 64-year-old electrician in St Louis. www.theguardian.com/us-news/2026...

theguardian.com

‘Undistilled cheating’: Missouri voters furious in aftermath of Trump bid to rig electoral maps

State residents express anger at Republicans who allowed chaotic voting maps saga to unfold ahead of the midterms

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Justin Levitt @justinlevitt.bsky.social · 10/10/2026

The federal law doesn't really speak to state officials who submitted the info in this particular context. It has more to say about the feds who collected it. State law, though, might or might not enter the chat.

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Justin Levitt @justinlevitt.bsky.social · 10/10/2026

We were warned about ALL of this.

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MeidasTouch @meidastouch.com · 09/10/2026

Gov. Abigail Spanberger (D-VA): "At this point in time in 2022, a little over 200,000 Virginians had voted. At this point in time in 2026, approximately 450,000 Virginians have voted early."

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

The fed statute is much more focused on the fed actors, and for something like this doesn't really mean liabilty for the states submitting. (State law may have other limitations/restrictions of its own.) And you'd have to show that you were harmed by the sharing, not just that the info was shared.

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

Oh, I hear you 100%. (3d-country deportation flights are a "good" example - and by that, I mean horrible.) And courts have to want to pin DOJ down. But equally important for the coming election, most states know that the info coming back from DOJ is garbage. And won't use it.

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

To be clear, today's opinion is a court order saying "stop." And while courts aren't going to go there immediately, if the people subject to the order "just go for broke," they'll be taking that literally. Federal courts can permanently bankrupt officials for violating court orders when they wish.

washingtonpost.com

Opinion | Against a defiant White House, the courts should use this powerful tool

The centuries-old civil contempt authority gives the judiciary ample power to uphold the rule of law.

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

Federal statutes of limitations run when a complaint is filed, not when the prosecution finishes. And the clock didn't start on these attempts to collect the voter files on January 20, 2025.

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

To be clear, this isn't just a ruling on any individual attempt to get a voter file. (Those have gone 0-26.) This is a ruling that the entire project was illegal from the jump.

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

No need - there's still plenty of opportunity.

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

Voter backlash, mostly. The federal statute is a lot clearer about liability on the collecting side than on the submitting side. (That's not to say there's zero risk for the state folks - it's just a lot less clean.)

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

A bit. To your point, the voter roll program was a failure already. Particularly given the criminal implications, it should stop any work in progress. And it might help state litigation to restore registrations in the few states that had already used information back from DOJ to purge.

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

I think it's probably a small number of DOJ line attorneys who want to add substantive counts to the future prosecution.

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Justin Levitt @justinlevitt.bsky.social · 09/10/2026

But not just last August: electionlawblog.org?p=151010 electionlawblog.org?p=152107 electionlawblog.org?p=152233 electionlawblog.org/2026/the-olc... ... and in amicus briefs in all of the cases where the DOJ has now gone 0-26 (itself an astonishing factoid).

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