9 pointsby hn_acker6 hours ago2 comments
  • esbranson25 minutes ago
    > Based on the public record, it's unclear

    First section summary.

    > First, the bar covers actions "under such authority"—meaning actions that exceed the statute's grant fall outside it entirely.

    The authority, which is omitted in the article, is likely subsection entitled "Authority". Who woulda thought. (a) Authority.—…(1) carry out a covered procurement action; and (2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis…. There is no mention of "was built to address foreign adversary threats to the IT supply chain" in the aforementioned authority. The rest reminds me of sovereign citizen arguments: good luck lol.

    > "Adversary" is undefined, but

    This holds more water. Too bad the court will be prevented from reviewing the underlying record with which to decide, for a coequal branch, who are adversaries. And unlike IEEPA, these definitions are not in the Constitution.

    > Pretext

    The underlying record, and their decision to "limit" disclosure (not "not to disclose"), is unreviewable.

    > the required findings don't hold up

    Dang, ignorance of "no action … shall be subject to review" is doing real work. It does not matter if only the record cannot be reviewed. If a court cannot review the information, it cannot make contrary decisions.

  • dryadin5 hours ago
    I doubt this will end up in court. It is not a legal matter but rather political/PR posturing on both sides.