Charlie Savage’s avatarCharlie Savage’s Twitter Archive—№ 15,608

  1. DOJ posted new OLC memo concluding that 18 USC §1461, criminalizing the mailing of abortifacients, basically doesn't apply to mifepristone/misoprostol. (Biden DOJ obv wouldn't prosecute that, but this keeps a future GOP admin from retroactively doing so.) justice.gov/olc/opinion/file/1560596/download
    1. …in reply to @charlie_savage
      This would seem to remove a potential barrier to mailing abortion pills to people in states that have restricted access post-Dobbs. DOJ unveiled the memo on the same day FDA eased distribution rules on pharmacies, as my colleague @PamBelluck wrote about: nytimes.com/2023/01/03/health/abortion-pill-cvs-walgreens-pharmacies.html
      1. …in reply to @charlie_savage
        People asking how this OLC memo will prevent a future GOP admin from retroactively prosecuting people for actions in 2023-24. Prosecutors must prove intent, & can't convict someone for taking an action that DOJ itself said at the time was lawful. See also: Bush OLC torture memos.