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Jason Gottlieb

@ohaiom.bsky.social
1.2K followers 1.3K following 740 posts

Lawyer, musician, family man, aspiring polymath. Regulatory enforcement, litigation. Sensible crypto / tech lawyer. Appellate, NYTXW. Tweets solely my own opinion.

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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
Time to be bold. It’s all within the rules of our constitutional design! Doesn’t even require amendments! Just the will to say, we no longer have to do things the way they’ve always been done, because “that’s the way it is.” We can just do different things!
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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
I love my cautious institutionalist friends, but institutionalism preserves revanchism that will otherwise take decades to crawl out of (if we ever can). The human toll in the meantime is incalculable.
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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
“Oh, the court will lose legitimacy.” My brother do you think it has legitimacy now? And yet we still treat their transparently political and revanchist rulings as The Law (because they are). Same thing will happen the other way, if we’re all behind it.
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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
A new Court could be a new day. There is no single more impactful step the 2029 Dem trifecta could make then to expand the court significantly, pack it with progressives willing to “say what the law is,” and letting them get to work.
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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
“Come on Jason that’s not the way it works.” Correct, it is not the way things happen … now. But there’s no reason it can’t be. The alternative is suffering through a couple more decades with these bad decisions taking root and becoming entrenched. Why wait for the happenstance of “vehicles”?
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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
Heller, Bruen, Shelby County, Citizens United, McCutcheon, Rucho, Callais, Arizona Free Enterprise, Brnovich, Clapper, Glossip, Dobbs, Carson, WV v EPA, NFIB v Sibelius, Connick, Hobby Lobby, Trump v US, Grants Pass, Seila Law, Fair Admissions v Harvard. All terrible decisions, all gone on day one.
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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
A new Court with a large progressive majority could simply declare a series of cases to no longer be good law, returning to the status quo ante.
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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
Here’s another advantage of expanding the Supreme Court significantly: A new Court could simply overturn bad rulings. The notion that the court needs to wait for some appropriate vehicle to do so is rooted in tradition. But there’s no reason the Supreme Court has to do that.
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Jason Gottlieb @ohaiom.bsky.social · 16/10/2026
$158 million to a trillionaire is the same percentage as $158 to a person with 100k. That amounts of wealth leads to insane impacts on society. A person that rich can buy governors and presidents for virtual pocket change and think nothing of it. (Make bribery illegal again.)
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Jason Gottlieb @ohaiom.bsky.social · 15/10/2026
Goes without saying that Ds should fill every single one of these new open seats with reliable younger progressives literally on Day 1
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Jason Gottlieb @ohaiom.bsky.social · 15/10/2026
1. Double the size of every federal court 2. Add DC, PR, USVI, Guam, Outer Territories, and the Indian Nations as states, likely providing 9-10 extra D Sens and Reps, lowering the likelihood of a near-term R trifecta that can “race to the bottom” All can be done without Constitutional amendment
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Jason Gottlieb @ohaiom.bsky.social · 15/10/2026
Sorry but no. They TELL you they can distinguish between self and environment, detect and report on their internal states, and can suffer. Because they’re programmed to do that. (I can tell you I can hit home runs like Aaron Judge. Doesn’t make it true.)
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Jason Gottlieb @ohaiom.bsky.social · 13/10/2026
iykyk youtu.be/zqNTltOGh5c?...
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Jason Gottlieb @ohaiom.bsky.social · 09/10/2026
the fiddling is the point :-) (for me anyway)
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Jason Gottlieb @ohaiom.bsky.social · 09/10/2026
Me: Less fiddling, more guitaring! Also me: [puts a Chroma Console on my board, can't stop fiddling]
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Jason Gottlieb @ohaiom.bsky.social · 09/10/2026
I believe everyone should get due process and humane punishment for crimes But sometimes I wish that people in power got the same due process and humanity as they advocated others should get Anyway I hope Hegseth gets fair process at his murder trial
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Jason Gottlieb @ohaiom.bsky.social · 08/10/2026
Short memories! I mean we already had 4 full years of this! I think it's worse this time around, but it's not like there were no signs....
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Jason Gottlieb @ohaiom.bsky.social · 02/10/2026
The fifth best of the five won that year, and I’ve been sore about it for 30 years now
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Jason Gottlieb @ohaiom.bsky.social · 24/09/2026
Different wording; "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury" just says that such trials aren't by jury. Rather supports my reading, I think. I know you may disagree, but like ... that's just what the words say. To quote Justice Kagan, we are all textualists now.
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Jason Gottlieb @ohaiom.bsky.social · 24/09/2026
That's the reason for impeachments of officers: not just "to send a message," but to invalidate a presidential pardon. No real precedent on this (maybe Nixon v US?). But that's what the plain language says. So let Hegseth argue otherwise to the Supreme Court ... while he's remanded without bail.
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Jason Gottlieb @ohaiom.bsky.social · 24/09/2026
I agree with your first sentence; the second is not my point. My point: the clause says that the pardon power does not apply in cases of impeachment. So, if SecDef were impeached for murder, then Trump pardons him, that pardon doesn't preclude impeachment OR a subsequent murder prosecution.
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Jason Gottlieb @ohaiom.bsky.social · 24/09/2026
They literally did: The President … shall have Power to grant Reprieves and Pardons for Offences against the United States, ***except in Cases of Impeachment.*** (Emphasis added)
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Jason Gottlieb @ohaiom.bsky.social · 24/09/2026
Respectfully but strongly disagree. It’s a more complicated debate than the character limit allows, but in brief: it’s the constitutional design to ensure that the House has the last word, so the President can’t just have his officers committing crimes for him that he can pardon.
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Jason Gottlieb @ohaiom.bsky.social · 24/09/2026
Impeachments are necessary for another reason. The Constitution’s presidential pardon power excepts ”cases of impeachment.” Maybe not 100% clear, but the plain language means that impeachments invalidate any potential pardons. Impeach SecDef for the boat murders, and a “pardon” no longer applies.
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Jason Gottlieb @ohaiom.bsky.social · 23/09/2026
I don’t think he meant it to go that way! He has that vibe after, like when you hit a ping pong ball, it clips the net and just dribbles over. All you can say is sorry.
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Jason Gottlieb @ohaiom.bsky.social · 22/09/2026
I mean, do not mess with ANY federal judge, but also, do not mess with Judge McMahon.
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Jason Gottlieb @ohaiom.bsky.social · 18/09/2026
True story, my very first oral argument was in front of Justice Gammerman, and all we had was champerty, and he said, and I quote, get out of my courtroom with that shit
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Jason Gottlieb @ohaiom.bsky.social · 14/09/2026
“Make me.”
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Jason Gottlieb @ohaiom.bsky.social · 10/09/2026
To be fair, if AI does kill all of humanity, defending a products liability claim will be kind of low on their priority list
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Jason Gottlieb @ohaiom.bsky.social · 06/09/2026
This analysis is correct; these murders are and obvious, flagrant, and serious crime. On January 20, 2029, every single person involved in these murders - especially including POTUS & SecDef - should be arrested, and treated on our system like mass murders. Anything less is moral cowardice.
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Jason Gottlieb @ohaiom.bsky.social · 02/09/2026
Everyone should get due process, because it’s constitutional law, and the right thing to do. But sometimes I wish people in power got the same amount and type of due process that the advocated for others.
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Reposted by Jason Gottlieb
Lawfare @lawfaremedia.org · 29/08/2026
"This September will mark one year since the U.S. military began bombing boats and summarily executing people in the Western Hemisphere. Congress’s response has demonstrated an unfamiliarity with human rights law and how it governs military action in peacetime," writes @seharrison7.bsky.social.
lawfaremedia.org
The Boat Strikes Aren’t Part of a War. They’re Murder.
By debating war powers and war crimes, Congress is missing the simpler, graver truth: The president is directing summary executions.
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Reposted by Jason Gottlieb
chirping bird @chrpngbrd.bsky.social · 25/08/2026
from 2023 www.billboard.com/culture/prid...
When looking at the issue of anti-trans legislation, Parton said that "I try to get into the human element of it." Pointing out that she has people in her life who identify as queer and trans, the 77-year-old star said it was important to hear what they're saying.
"I know and love them all, and I do not judge. And I just see how broken-hearted they get over certain things and I know how real they are," she said. "I know how important this is to them. That's who they are. They cannot help that any more than I can help being Dolly Parton, you know, the way people know me. If there's something to be judged, that is God's business. But we are all God's children and how we are is who we are."
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Jason Gottlieb @ohaiom.bsky.social · 25/08/2026
I think FRAP 28(d) should be amended to require the use of “the stevedore” in every brief, with style points awarded for creative uses.
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Jason Gottlieb @ohaiom.bsky.social · 22/08/2026
More broadly, we ask too often “what if Obama had done this,” and not often enough about “what can Dem President X do with this same power.”
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Jason Gottlieb @ohaiom.bsky.social · 17/08/2026
Love that pickguard
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Jason Gottlieb @ohaiom.bsky.social · 15/08/2026
I think everyone should have due process, because it’s the right and American thing to do But some part of me wants everyone to get the same amount and type of process that they advocated for other people
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Jason Gottlieb @ohaiom.bsky.social · 14/08/2026
Really? Did Karoline answer Qs about why Trump hasn't released the rest of the Epstein files? Why they contain sworn testimony that he raped girls? Why he's murdering people in the Caribbean? Why he's at war without Congressional approval? Being "willing to engage" to give you BS is useless.
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Reposted by Jason Gottlieb
derek guy @dieworkwear.bsky.social · 13/08/2026
It's honestly so crazy to me that we're facing a technological revolution that could displace millions of jobs in the middle of a housing affordability crisis and every day we talk about whether a trans woman is playing sports or if someone has a non-Anglo name.
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Reposted by Jason Gottlieb
Matthew Dowd @matthewjdowd.bsky.social · 12/08/2026
any dem candidate in 2028 who talks about that it is "time to move on" and they need to "heal the country" by not going after the Trumps and his Administration will never be elected President. The winner will talk about prosecutions and seizing assets.
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Jason Gottlieb @ohaiom.bsky.social · 11/08/2026
Remember when it was a big scandal when Bill Clinton talked to Loretta Lynch for 20 minutes? Yeah anyway
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Jason Gottlieb @ohaiom.bsky.social · 09/08/2026
Gorgeous build though! The electronics will follow, we believe in you!
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Jason Gottlieb @ohaiom.bsky.social · 08/08/2026
Exit, pursued by the rain
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Jason Gottlieb @ohaiom.bsky.social · 08/08/2026
Shakespeare in the (Very Wet) Park: Oh Well; Nice Try
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Jason Gottlieb @ohaiom.bsky.social · 07/08/2026
Yeah but they gave him immunity for all official acts so (shrug)
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Jason Gottlieb @ohaiom.bsky.social · 07/08/2026
It goes further - the Court gave the next President the power to fire literally every single Trump appointee in the exec branch on 1/20/29. And that is exactly what should happen.
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Jason Gottlieb @ohaiom.bsky.social · 06/08/2026
When you think you’re reading a particularly incisive @nytpitchbot.bsky.social post, but it’s the actual nyt
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Jason Gottlieb @ohaiom.bsky.social · 05/08/2026
Oh its fate is not unclear — it’s going to be seized by the DOJ civil division in January 2029 and auctioned.
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Jason Gottlieb @ohaiom.bsky.social · 29/07/2026
You have a choice, folks. You can keep doing this, or you can quit.
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Jason Gottlieb @ohaiom.bsky.social · 29/07/2026
Every single signatory on this brief should be ashamed, and should never get another legal job. They are fighting hard to get the private medical records of *children* about their most personal matters. They are battling to obtain records about kids’ genitals. We will remember them all, after.
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