Vic Mignogna has lost. Vic Mignogna has paid. But Vic Mignogna, I regret to inform you, is back on his bullshit, reminding his fans who he wants them to blame for his fall from grace.
Why? Because Vic Mignogna cannot let it go.
You can’t overdose on fentanyl just by touching something that contains fentanyl, obviously. But let’s break this tweet down, because it’s a pretty great demonstration of how to lie with the truth.
Good afternoon! I'm taking a moment to highlight a win we got yesterday on behalf of
@Bungie
, who sprang into action to ensure the safety of an employee who was targeted for racist harassment and threats last year.
Under ordinary conversation rules, it would be safe to infer all those things from the posted tweet. But ordinary conversation rules presume that the speaker is acting in good faith, and given that it’s impossible to OD on fentanyl from casual skin exposure? Nah, fam.
This is an extraordinarily effective rhetorical technique, btw. A person is more likely to believe something that they come up with themselves than something they were told. Letting the reader supply all the inferences that lead to a presumption of causation enhances the message.
TexasDPS makes a number of fact statements in this tweet. (A fact statement, btw, is not “something that is true;” it’s “something that can be proved true or false.” If I say “the atomic number of cobalt is 4,” that’s a fact statement despite being obviously false.)
…was transported to the hospital FOR FURTHER NECESSARY TREATMENT, and that THE SUBSTANCE HE WAS EXPOSED TO was FOUND to contain SUFFICIENT fentanyl TO CAUSE HIS SYMPTOMS.
But none of the facts in capital letters are actually present in the statement.
Would this be pointlessly nitpicky in an ordinary conversation? Yes, clearly. Don’t treat friends and family this way, it’s dickish. But public statements in support of a clearly counterfactual agenda? The nitpicking isn’t just pointed, it’s essential.
4. “Special Agents were able to locate a substance in a container that tested + for fentanyl.”
Did the substance test positive, or did the container? Was the substance that tested positive the substance the trooper was exposed to? Is the test a reliable one? How much fentanyl?
1. “One of our Troopers became ill after being exposed to a substance while conducting a vehicle search in Bexar County.” No specifics about how the trooper was affected, what the method of exposure was, or how much time elapsed between search and illness. Could have been years!
For that matter, was this container even present in the car that the trooper was searching?
@TexasDPS1
has presented a series of facts in an order that suggests causation.
3. “and the Trooper was transported to a hospital.”
No information is given about the trooper’s condition upon being transported to the hospital, whether he was admitted to the hospital, whether he required further treatment, or even how he was transported.
Parsing these fact statements by ordinary rules of conversation would lead one to believe that the trooper CAME INTO CONTACT with the substance, became ill WITH SYMPTOMS OF OPIATE OVERDOSE SHORTLY THEREAFTER, was administered narcan AND THEN STABILIZED …
Alice isn’t asking for a windfall. She’s asking for the courts to enjoin her coerced and illegal settlement agreement, to refer Habba for bar discipline, and to order Habba to cover her attorney fees.
But here,
@TexasDPS1
is in possession of all the facts. They chose what to say and what not to say. And the facts they chose to publish do not, without more, support the conclusion they clearly imply.
Despite my parenthetical caveat, I suspect that all the facts in
@TexasDPS1
’s tweet are probably true. But what are they really saying? Do these facts actually support the conclusion that the tweet is clearly implying?
Maybe the trooper searched a vehicle last February, got COVID in July, had a paramedic buddy give him narcan in August to see what it was like and then caught a ride to the hospital last week to visit his sister in the hospital.
Or, if character limits were an issue, they could have linked to a web page that set out the facts in more detail.
But they didn’t. And that choice? That is ALSO a fact from which the reader can draw inferences.
@TexasDPS1
has all the facts. They could have said “one of our troopers showed signs of an opiate overdose after coming into contact with a substance during a vehicle search. Narcan was administered on scene, and the trooper tested positive for opiate exposure at the hospital.”
Maybe the special agents found old coffee in a cup in a completely different car and the outside of the cup gave a presumptive positive for fentanyl via a test with a 30% false positive rate.
And maybe not! But
@TexasDPS1
’s tweet would be just as true if that was the story.
So, yeah. There is absolutely nothing to suggest that these photographs are related to the story at all, and some pretty solid evidence suggesting that they're NOT related.
Of course, this was because Habba wasn’t working for Alice at all. She was working for Trump, protecting his reputation by illegally coercing Alice into silence.
I don’t even have it in me to snark. The plaintiff, Alice Bianco, was employed at the Trump National Gold Club as a server when her boss began sexually harassing her.
Comer didn't show the same enthusiasm for showing up to argue his case as he did for causing the intial harm, lol. Yesterday the Court granted our motion for default judgment, making him liable for the nearly $500K Bungie accrued in investigation, protection, and legal costs.
After working with MANY outstanding professionals to identify the culprit, a racist shitstain of a human being named Jesse James Comer, we filed a complaint in King County Superior Court to hold him liable for the damages Bungie suffered due to his sociopathic conduct.
2. Inhalation. I have to say, I find it hard to believe that someone could inhale a water bottle, no matter how hard they tried.
3. Ingestion. This would suggest that the cops are in the habit of just opening opaque containers in search cars and drinking whatever's inside.
I would respectfully submit that if the cops are doing that, the force has greater concerns than incidental fentanyl exposure.
so, seems doubtful, frankly. So let's look at that other picture, which is . . . outrageously blurry.
@KathrynTewson
The picture of the presumptive test appears to be (although the photo is bad) a Nark II
#10
reagent test (“special opiates reagent”) where the yellow colour indicates a presumptive positive for oxycodone.
Second, we got -- as a CONCLUSION OF LAW -- that when an employee is harassed *by reason of their employment,* that harassment damages the employer as well, and the employer can enforce the recovery of those damages in civil court.
Well, if it was, how would the trooper have gotten exposed? Let's go through the possibilities.
1. Touch. By picking up the water bottle, I guess? but cops wear gloves when doing a search, for obvious reasons. Other people's cars are gross, and you must mind your fingerprints.
She told her it was tax free, and advised her that it would be a bad idea to tell anyone what had happened. She did not give Alice a copy of the agreement.
There are two pictures attached to the tweet right?
@TxDPS
(I tagged the wrong people before) clearly want you to believe that this is what was found positive for fent.
Why is this a brag-worthy win? Well, because the law moves slowly, frankly; much more slowly then either technology or culture. With this win, we helped to close that gap in some significant ways.
So what are these pictures? Well, the first is a red metal water bottle that apparently weighs just over 700 grams.
Does it make sense for this to be our Fentanyl Object?
Well hi everyone! My previous tweets about the harassment lawsuit we won (on default) for
@Bungie
got a liiiiittle bit more attention than I expected. I realize this particular suit didn't get a lot of attention as it was going on, so I thought I'd give y'all the nickel tour.
For example, we got an official judicial recognition of the threat and harm posed by the well-documented pattern of escalating harassment that can culminate in tragedy via swatting and other real-world violence.
By recognizing a new tort based on the Washington criminal statutes outlawing cyber and telephone harassment, the Court has created a path for those with the resources to identify stochastic terrorists and hold them accountable to do exactly that and recover their costs in court.
We also got a ruling that doxing and harassing an employee with unwanted deliveries by reason of their employment is an unfair trade practice that affects the public interest -- which puts this conduct within the ambit of Washington's Consumer Protection Act.
Vic Mignogna has agreed to pay Monica Rial and Ron Toye $376,592.93 in fees, costs, and interest to settle his outstanding obligations to them under the November 25, 2019 Final Fee and Sanctions Order in Mignogna v. Funimation, et al.
(And, in those last two paragraphs, the Court also found that Washington employers have the duty to protect employees from reasonably foreseeable harm even when employees are working from home, and that protecting their ability to do so is in the public interest.)
I've been going in pretty hard on
@DoNotPay
and
@jbrowder1
for the past couple of days, and I've had a lot of people defending the service, saying that it could be a real boon to those who can't otherwise afford legal aid.
But the really exciting news comes in at the end. In addition to finding that Washington employers can recover for damages for harassment of their employees under standard torts like nuisance and invasion of privacy, the Court also held that it would recognize A NEW TORT.
This one was a really emotional win, y'all. I cried when the order came in. Big ups to
@chadcmulligan
who drafted the bulk of the motion,
@OGoobermunch
who polished it off,
@questauthority
who beat his forehead against tort theory until a work of genius popped out. . .
And as a reminder: no matter how absolutely abortion is banned, it will never be unavailable to the powerful. No Senator’s wife, Governor’s daughter, or SEC quarterback’s girlfriend will be forced to give birth to a child her husband, father, or boyfriend does not want.
Here's the holding:
"The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives. "
Keanu Reeves would totally shit himself if anyone actually tried to kill him, let alone thousands of evil hit men
He's just a makeup wearing salesman.
And what he's selling are lies.
Violence isn't sexy. Death isn't easy. And karma won't get you.
Keanu... try selling truth.
. . . and especially to
@dmschmeyer
, with whom I shared many, many long and late phone calls turning the facts of this case over and over and over until we found the ways they fit together to serve the ends of justice.
And of course, none of it would have been possible if it weren't for
@legalminimum
and
@BungieDgc
, who called us for it in the first place, and
@AkivaMCohen
, who answered that call without hesitation.
Of all the weird-ass phenomena on this here bird site, one of the very weirdest to me is when people think they can have an extremely public conversation involving dozens of people while being entitled to have everyone else in the world remain utterly silent about it.
Update: I have been in contact with RIP Medical Debt, and they have confirmed that the donation with the receipt number on the receipt Josh provided was made yesterday, January 29th, at 12:36 AM EST. (I am in PST which is why my timestamp says Jan. 28th at 9:53 PM.)
You know we should have realized that full self driving was not a thing when CAPTCHA technology is based around the notion that robots can’t recognize crosswalks, traffic lights, buses, or bicycles
Also, my gratitude to (and a shared snarl of victory with) Allison Nixon, Steven Guris, and the rest of their terrifyingly elite colleagues at
@unit221b
. You want to read Allison's expert declaration in this case for SURE, if for the screenshots alone!
I was just sent audio of the Principal of North Paulding High School announcing that there will be "consequences" for anyone who posts video or audio of the school which depicts the school in a negative light.
#NorthPauldingHighSchool
Donald Trump has whined, tantrummed, and pandered,
Attacked, defamed, sulked, sneered, and slandered.
But the courts just keep yeeting
His suits for not meeting
The heightened 9(b) pleading standard.
And just to be CRYSTAL clear: Yes, I am saying that Joshua Browder,
@jbrowder1
, the CEO of
@donotpay
, fraudulently altered the donation date on the receipt for his donation to
@RIPMedicalDebt
to make it look like he made that donation on 12/2/2022 instead of 1/29/2023.
Well, it's been a couple of days, and a lot of you may be wondering if I've said all there is to say about Joshua Browder (
@jbrowder1
) and
@donotpay
, and if not, what the heck I was waiting for.
The answer to the first question is "Hell naw."
The conditions he describes are sickening, and I have zero doubt that his descriptions are accurate. Why? Because this is how bad conditions are for incarcerated people in the US, everywhere, and have been for years.
Dear fellow Americans:
I never thought I'd write a letter like this, but we’re living in very different times. This is my cry for help.
My name is Nathan DeGrave, and as a non violent participant at the Jan 6th rally, I’ve spent the last 9 months detained
A customer service rep from
@donotpay
assured me via email that my account with them had been cancelled in July 2022.
Turns out? Not so much. I’ve been charged every month since.