Periodic reminder: I’m here for fun, to have a place to vent, and occasionally say something that may be helpful about the law. I’ve made many good friends on here, and love a healthy debate/disagreement. I’ve got a dark sense of humor and can be a smartass. I’m not for everyone.
Credit where it’s due, the young prosecutor I dealt with yesterday quoted my own law review article I wrote 15 years ago on the subject of our motion back to me when we were discussing. As far as I know he’s the only person who has read it other than me lol.
In the same week SCOTUS is hearing a case on whether the homeless can be arrested for nothing and whether a President can be arrested for anything. That’s pretty striking.
@Jsc_35
I support the movement and most of your ultimate goals. Stopping legally moving traffic is not a legal form of protest. Standing in front of a moving car is not a lawful form of protest. She shouldn’t have been arrested. Sorry.
@MsMRS0880
@hakeemjeffries
I’ve practiced law for 15 years. The judge is correct here and the prosecutor should be disbarred, I don’t care who the defendant is. And I’d you had even 2 seconds in a courtroom you’d know that’s correct.
Michigan may be different, but in Georgia if you wanted to likely avoid additional criminal liability while also making yourself useless as a witness, this is a good roadmap.
EXCLUSIVE: Ken Chesebro, who helped devise the 2020 electors plot, concealed a secret Twitter from Michigan prosecutors, hiding dozens of damning posts that undercut what he told investigators about his role in the scheme. w/
@KFILE
@emsteck
@alligordon_
@memequeen1414
@Breaking911
Misleading is claiming ptsd from something that didn’t happen that close to you, then clapping back when someone points out the misimpression you created.
Yes. Think what you want about AA as a policy matter but it’s impossible to reconcile current equal protection doctrine with any version of originalism.
@mmfa
@benshapiro
@washingtonpost
I’m no Shapiro fan, but you should be embarrassed by the implication, and absolutely humiliated about sending this tweet.
Former Trump WH lawyer Ty Cobb on Trump's legal trouble:
“The facts are terrible. His conduct is reprehensible, subject 91 felony accounts, four separate indictments, and multiple civil cases. He has lost almost half a $1 billion. So it is not like this is a smooth ship…
He
To be clear, the answer to “this always happens to regular people” isn’t “well this guy is getting a taste of what we regular folks are subjected to” it’s “this shit shouldn’t happen to anyone.”
I think the longer you practice law the more nihilistic you probably become. There are days when I genuinely believe burdens of proof, standards of review, etc. are meaningless beyond what you can emotionally persuade judges/juries they mean.
For those wondering, yes, this is how law enforcement routinely treats regular people. Presented with every opportunity to say “perhaps there was a miscommunication here” they routinely double down.
My opposition to the death penalty isn’t really a moral one. Some people probably don’t deserve to live. My problem is I don’t trust myself, and damn sure don’t trust the government, to decide who those people are.
Since 1976, the State Board of Pardons and Paroles has granted clemency only 12 times from 94 applications. Willie James Pye, who has an IQ of 68 and had weak representation, will now die tomorrow at 7pm. It will be Georgia’s first execution in four years.
@cherylwalt14
@CoriBush
I’m against the death penalty but the opposing logic isn’t hard to follow. You deserve to live (pro life) until you forfeit that right by taking another life.
@parknfly07
@JoshAnimator
@KeithOlbermann
No matter what they may have taught you in college you just can’t force the word privilege into every sentence and automatically have a point lol.
When I was a prosecutor I’d I told any judge in my circuit “150 more” after already calling 40+, they’d have come down from the bench and bludgeoned me with their gavel.
Prosecutor Love says she thinks they have about 150 more witnesses in roughly 120 days.
What does she consider days? Right now they average 2-4 hour days.
#YSL
#YoungThug
In the unlikely event there is any type of conviction in YSL when it finally ends in 2036 there is ZERO chance it isn’t reversed on appeal. This doesn’t even meet basic definitions of an adversarial trial at this point.
@u_b3t3rsamiii
About 70 people per year die working on oil rigs. There don’t appear to be enough work related fatalities at Starbucks for OSHA or CDC to rake notice but you find more than one a year feel free to point me to the data
@Benjami50042413
@simonelhanna
Sometimes knowing one side feels sufficient. She’s an adult and he isn’t. Kids can be terrible, but maybe don’t take a job working with them if you react this way.
Special counsel Jack Smith has filed his response to Judge Cannon's request for preliminary jury instructions regarding the Presidential Records Act in Trump's classified documents case.
Read the filing here:
@GreysonW98
@saltical
@DontexTsuki
@baylenlevine
Didn’t look like the employees were the ones blowing it out of proportion, it was a crazy lady. I didn’t think he was funny but no need to turn everything into a sociology class man.
@Pleasan38810963
@CNN
Extremely fishy that handing people money without working and putting them at home instead of a job worked exactly how economics said it would lol.
Oh boy the prosecutors are deciding not to inject common sense into this situation. Again, not uncommon, but doing it on a national stage is a bold choice.
HOW TO HIRE GOOD ATTORNEYS
"Your partner hired me, he has to fire me, not you!."
i handed my phone to my partner over the pizza we were having for lunch
"Joe, fire this piece of shit for me"
first casualty of many
here's my process for finding lawyers who don't suck 👇🧵
Jurors don’t know that the defense could stipulate. It’s not my job to make your life easier if you accuse my client of a crime and if the jury nods off during your case, too bad. I’m not here to make your case easier.
When video excerpts of this deposition were shown at Carroll’s two trials, there was no dispute about their authenticity. And yet now, in a third proceeding, Team Trump has forced a jury to sit through testimony about why the video and the accompanying transcript are authentic.
Worth noting that the Fulton DAs office attempted to introduce cell tower evidence this morning via lay opinion testimony. Apparently it’s reliable after all 🤷♂️
Trump guests expected today in Manhattan: Don Trump, Jr., Joe Piscopo , Sebastian Gorka, Former Acting AG Matt Whitaker, Reps. Ronny Jackson, Daniel Webster, Dan Meuser, Troy Nehls, Dale Strong, and Maria Salazar, Pam Bondi, Sen. Eric Schmitt, Chuck Zito, and Bill White
Pay attention: got a not guilty a while back on a felony obstruction where the client was charged for “resisting being assisted to the ground.” Read that again. He won but still had this hanging over his head for 3 years and kept him from getting a good job,
A reminder that any form of offering violence to police in Georgia is felony obstruction which has a ruinously long sentence.
I've seen people get charged for taking a "fighting stance."
You can't rely on privilege here don't fuck up your life.
@_brittanyv
@LASDHQ
Well since that is neither the entrance or exit to the emergency room and appears to have been shot hours after the officer were taken there, this “unabashedly” proves nothing. Good try though.
@ChiCyph80
@AnthonyMKreis
@NormEisen
@rgoodlaw
@OutFrontCNN
I actually agree with Norm myself in that I think jail time is more likely than the average commentator does. The complete lack of remorse and disrespect for the process doesn’t sit well with most judges.
Some things that make criminal defense hard that people don’t get:
1- when you have someone’s liberty in your hands it is your responsibility to do everything you can within ethical rules that you believe can help that persons case…
To be clear because I’ve been asked a few times: I do not read anything about a decision on DQ related to today’s ruling. Just my view, but I think the attempt to read tea leaves has turned into eating them, and they are psychoactive :)
Young Thug's lawyer is fed up and calls the Judge in the case BIASED against either him or his client.
He makes a Motion for the Judge to RECUSE HIMSELF due to repeated inappropriate behavior towards him. Of course, it was instantly denied.
And this brings me back to Fulton. As a practical matter, all of our views (mine included) about whether you believe Willis reimbursed Wade with 13k in undocumented cash is subconsciously inextricably intertwined with how serious you’d think it would be if she hadn’t.
@big_microbe_
@pc_threads
@elonmusk
@mtaibbi
Diana Taurasi, Breanna Stewart, Nneka Ogwumike, Ella Della Donna are some of my favorites. Also here’s a part of my WNBA basketball card collection. Why do you ask?
As I understand it, this is both 1) false and 2) racist to the extent that it implies that black women would act politically instead of following the law like any other appellate judge. Fucking do better.
If Manny said it, it happened but at this point we either need 1) Bradley explaining to someone the basis of his personal knowledge of 2) someone other than Bradley who knew about it in a way other than through Bradley or it doesn’t get anywhere really.
Random important trial skill: get really good at giving a jury permission to find your client not guilty without feeling like they are morally condoning everything the client did.
@its_menieb
@Policy
So true. In one place autocratic, unelected, and unaccountable billionaires decided to limit social media access. The other place is Uganda.
@RealHousewifeMi
@Ecno_Degen
@Riley_Gaines_
I suggest reviewing what the 1st amendment actually protects. (Hint: it doesn’t include a hecklers veto, putting your hands on anyone, chasing them down a hallway, or placing conditions on allowing them to leave).
@Sarahrain68
@LevineJonathan
No we get it, we just all existed in a world that existed for thousands of years prior to covid where, while sad, people had preexisting conditions and the entire rest of the world didn’t stop functioning because of it.
FWIW I have a narrower view than most (including Judge McAfee, I think) about what can and can’t proceed during pretrial appeal (and I think I’m right). If I am, nothing really gonna happen in Fulton Superior (unless someone wants to plea) for over a year.
In theory, some part of the case might proceed while the parties wait for the Court of Appeals to rule.
But because the parties can now raise every issue considered under OCGA 5-6-34(d), it is going to be very hard for the case to be tried this year.
A longish thread on my takeaways from the two days of hearing in Georgia.
BLUF - I'd be very surprised if Judge McAfee ends up disqualifying Willis and her office from continuing with this prosecution. 1/
What Chesebro wants is a hearing on his MTD where a prosecutor either says or implies that whether he was justified is for the jury to decide, so he can point back to that in the charge conference.
I’m gonna find a cardio thoracic surgeon on here and argue with him about the best way to do open heart surgery dispute never having taken a biology class. They need to feel what being a lawyer is like sometimes 😂
Colorado legal update:
1. Guy shakes a baby to death
2. DA says mean things about him.
3. Judge dismisses charges because the mean things deprived him of due process.
The problem with option 2 is that it re-opens the ability to re-do everything in that case that you are already arguing about but fresh deadlines. That evidence you don’t want McAfee to consider in disqualification on the first case (phone records, affidavits, etc…)
@nashburns6
@hxhassan
@HeidiNBC
You are telling the guy in the mid-East region about the reaction within the mid-East region based on protests that occurred outside the White House. Who’s oblivious?
Catherine Fisk, a professor at Berkeley Law, ASSAULTS a Muslim Hijabi law student, while her husband Erwin Chemerinsky, DEAN of Berkeley Law screams LEAVE OUR HOUSE.
In the end, violent white supremacists with fancy degrees.
These elite institutions are 🤬
cc: bayareapym
While a clever prosecutor might argue in an appropriate case for an expedited timeline because the first indictment put defendants on adequate notice, that doesn’t really work in a situation where the basis of the granted demurrer was a lack of adequate notice.
#1
isn’t going to happen. It re-starts all the deadlines and timeline for the entire case. You could do that in theory but You aren’t getting to trial until 2027 and the State clearly doesn’t want that. This leaves option 2.
We are legitimately having to edit a prosecutor’s PowerPoint in a very serious trial because she either doesn’t know her own case (at best) or is trying to unfairly prejudice a jury (at worst). Complete outrage.
Here’s a hard fact that doesn’t get said enough: if you financially qualify for the PD’s services you are almost always better off with them than spending your grocery money on a private lawyer who does estate planning and dabbles in criminal defense.
Just had a client say he’s so glad he went the public defender route and he feels better knowing his tax money is going to people like us fighting for him 🥲
Before the ruling I was fairly confident that odds were overwhelming in favor of Judge McAfee granting the defendants an immediate appeal. Now, my sense is that it’s 50/50.