BC LEGAL
Saved by @ThomassRichards

I love the smell of a leaked legal service opinion in the morning

 The conclusion: the EU Council legal service says that it's OK for the Brexit deal to be concluded with the UK by the EU only, not needing Member States' participation
The reasoning: the legal service distinguishes between competences reserved to Member States, and competences shared with the EU. For the latter, the EU has the choice of concluding an EU-only treaty.
The legal service summarises the prior case law backing up its interpretation.
It refers to the Weddell case, concerning competence to conclude a treaty on the Antarctic environment, where Member States *could* be involved. But that was based on the particular legal features of the Antarctic treaty; and the UK is not Antarctica.
Applying this reasoning to the UK deal, the legal service says that there's nothing in it which involves exclusive Member State competence. Therefore the EU can choose to conclude it as an EU-only treaty.
In particular competence is shared as regards the social security and aviation parts of the treaty. But again: this means that there's a choice to conclude the treaty as an EU-only treaty, or also with Member States as parties.
The legal service also notes that the UK and individual Member States can sign bilateral agreements within the scope of the Brexit deal - subject to the limits set out in the agreement.
Just thinking of all the times people argued that the treaty would *have* to be ratified by all the Member States - and all the times I replied that we would have to wait and see.
An initial reaction to the legal service opinion from the Walloon Parliament...
Full text of the Council legal service opinion on the Brexit deal now here - https://t.co/zqemdVtQNn

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Counter-claim - when the defendant in a case “counter-sues” the plaintiff. So in this case JD is the plaintiff, AH is the defendant, she has counter-sued JD - in layman’s terms that’s her saying ‘you sued me, so I’m going to sue you!”. 🙄

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Her counter-claim, when you cut through the crap, seeks: Declaratory Judgment, seeks to pursue a defamation claim against JD, and to pursue a claim against JD under the Virginia Computer Crimes Act (“Bot-Gate”)

So… Declaratory Judgment. This duplicates the Anti-SLAPP immunity that AH has included in her Defence so this part of the counter-claim DUPLICATES an argument she has already made. The Judge decided that Declaratory Judgment was not appropriate.

So the issue she sought to resolve with the DJ is already being dealt with in her Defence & will be dealt with at Trial… which is what the Judge means when he said to hear her Defence and her counter claim for declaratory judgment would be to hear the same issue twice.
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Good morning!

I'll be following @blackhousenew and @itsa_talia on Twitter for coverage of DC today.

If you'd like to support their independent journalism, follow these Patreon links.

Black House News: https://t.co/JItj7d9uMS
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2/ Chants of "Fuck Reuters" and "Uhuru"-- the Proud Boys ironic appropriation of a pan-African socialist movement-- happening on @Reuters' livestream.

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🤮”Former FBI director William Sessions once condemned Russia's mafia. ‘We can beat organized crime,’ he told a Moscow conference in 1997.

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“These figures, many of whom made fortunes in the wide-open 1990s amid the Soviet Union's disintegration,hire Washington insiders to help rehabilitate their reputations in the West or to persuade investors and regulators they are committed to good corporate governance.”-@WSJ 2007
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A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: https://t.co/GAAENhkxf0). He's been in custody since his arrest

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Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation

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