I AM NOT A CRIMINAL LAW ATTORNEY.
Instead, I'm mostly drawing from discussions with my father-in-law.
Nonlawyer Explainer Thread: On Keeping One's Mouth Shut
It occurs to me that certain private-jet-flying seditionists who continue to yammer on Twitter about their DC excursions provide us with the opportunity to do a little hypo to explore the benefits of silence.
I AM NOT A CRIMINAL LAW ATTORNEY.
Instead, I'm mostly drawing from discussions with my father-in-law.
So with that in mind, let's look at this hypo.
*Knock*
*Door opens*
Agent: Ms [Name]? I'm Agent Smith, and this is Agent Jones. We're with Agency. We'd like to talk to you if you've got a minute.
[Yes, it seems insane but if you're worried about something specific and the cops show up, blurting out something like that is totally a thing that can happen.]
[Note: The agents will have seen ALL of her social media and they know she's seen it, but will not be above implying otherwise.]
[Note: Deliberately implying that they think the whole thing is nonsense that they want to get rid of and that they're completely sympathetic to her.]
Ms X: I don't know if this is something I should be talking to you about. Should I have my lawyer here for this?
[Note: Yes, they can say that.]
Agent Smith: Honestly, ma'am, like I said we're mostly down here because our boss kinda has a stick up-- I mean, he just doesn't really like it if we close something without talking to you. And we don't want to inconvenience you.
Agent Smith: We can always arrange to do this downtown later on if you want. I mean, I don't really think we need to do that, and I was really hoping to get this wrapped up today so I can get back to some of my other cases that involve, y'know, crimes.
Agent Smith: I mean I can't promise anything, of course - the boss will need to see that we checked the boxes and all that, but I'll certainly do my best. And this seems pretty clear-cut to me, so this shouldn't take long.
Agent Smith: Thanks.
*sitting down, possibly refreshments, possibly touring house in process*
Ms X: We were pretty excited about that.
I'm going to close this here, because hopefully the basic point is clear: it's not that hard for someone who sounds sympathetic to get someone to talk.
That means they don't have to read the Miranda warning.
With something like this, where her social media shows that she has no conception she was in the wrong, I think there's a very good chance that would work.
"I'm not going to talk to you without my lawyer."
Don't fall for it.
Stay silent. Get a lawyer.
@HaygoodLaw
@LutherEvers
@greg_doucette
@ASFleischman
Are better positioned to answer than me.
https://t.co/BJDlnjMSuE
How is that done? I don't have a criminal defense lawyer on speed dial.
— jack_dahlgren (@jack_dahlgren) January 8, 2021
More from Mike Dunford
Yes, I have seen the thing about Texas suing other states over the election. Yes, the US Supreme Court has original and exclusive jurisdiction over cases between states.
No, this is not a thing that will change the election. At all.
If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.
Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
No, this is not a thing that will change the election. At all.
If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of
It looks like we have a new leader in the \u201ccraziest lawsuit filed to purportedly challenge the election\u201d category:
— Steve Vladeck (@steve_vladeck) December 8, 2020
The State of Texas is suing Pennsylvania, Georgia, Michigan, and Wisconsin *directly* in #SCOTUS.
(Spoiler alert: The Court is *never* going to hear this one.) pic.twitter.com/2L4GmdCB6I
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.
Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
I went over the dismissal on my stream, but a few thoughts on where things are at:
1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.
3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.
5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.
7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.
So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.
1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.
And the appeal has been noticed. pic.twitter.com/o4g4ES1wrU
— Kyle Cheney (@kyledcheney) January 2, 2021
3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.
5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.
7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.
So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.
THREAD:
Good afternoon, followers of frivolous election litigation. There's a last-minute entry in the competition for dumbest pre-inauguration lawsuit - a totally loony effort to apparently leave the entire USA without a government.
We'll start with the complaint in a minute.
But first, I want to give you a quick explanation for why I'm going to keep talking about these cases even after the inauguration.
They're part of an ongoing effort - one that's not well-coordinated but is widespread - to discredit our fundamental system of government.
It's a direct descendent, in more ways than one, of birtherism. And here's the thing about birtherism. It might have been a joke to a lot of people, but it was extremely pernicious. It obviously validated the racist "not good enough to be President" crowd. But that wasn't all.
Don't get me wrong, that was bad enough. Validating racism helped put the kind of shitbird who would tweet this from an official government account into power. But it didn't stop
(Also, if you agree with Pompeo about multiculturalism - the legendary melting pot - not being what this country is all about, you need to stop following me now. And maybe go somewhere and think about your life choices and what made you such a tool.)
Good afternoon, followers of frivolous election litigation. There's a last-minute entry in the competition for dumbest pre-inauguration lawsuit - a totally loony effort to apparently leave the entire USA without a government.
We'll start with the complaint in a minute.
But first, I want to give you a quick explanation for why I'm going to keep talking about these cases even after the inauguration.
They're part of an ongoing effort - one that's not well-coordinated but is widespread - to discredit our fundamental system of government.
It's a direct descendent, in more ways than one, of birtherism. And here's the thing about birtherism. It might have been a joke to a lot of people, but it was extremely pernicious. It obviously validated the racist "not good enough to be President" crowd. But that wasn't all.
Don't get me wrong, that was bad enough. Validating racism helped put the kind of shitbird who would tweet this from an official government account into power. But it didn't stop
Woke-ism, multiculturalism, all the -isms \u2014 they're not who America is. They distort our glorious founding and what this country is all about. Our enemies stoke these divisions because they know they make us weaker. pic.twitter.com/Mu97xCgxfS
— Secretary Pompeo (@SecPompeo) January 19, 2021
(Also, if you agree with Pompeo about multiculturalism - the legendary melting pot - not being what this country is all about, you need to stop following me now. And maybe go somewhere and think about your life choices and what made you such a tool.)
Election Litigation Thread - Georgia:
OK, so since my attempt to sit back while Akiva does all the work of going through the latest proof that not only the pro se have fools for lawyers has backfired, let's take a stroll through the motion for injunctive relief.
At the start, I'd note that the motion does not appear to be going anywhere fast - despite the request that they made over 80 hours ago to have the motion heard within 48 hours.
The most recent docket entries are all routine start-of-case stuff.
Why isn't it going anywhere quickly? Allow me to direct your attention to something that my learned colleague Mr. Cohen said
Now I'm not a litigator, but if I had an emergency thing that absolutely had to be heard over a holiday weekend, I'd start by reading the relevant part of the local rules for the specific court in which I am filing my case.
In this case, this bit, in particular, seems relevant:
My next step, if I had any uncertainty at all, would be to find and use the court's after-hours emergency contact info. I might have to work some to find it, but it'll be there. Emergencies happen; there are procedures for them.
And then I'd do exactly what they tell me to do.
OK, so since my attempt to sit back while Akiva does all the work of going through the latest proof that not only the pro se have fools for lawyers has backfired, let's take a stroll through the motion for injunctive relief.
They've also got a brief in support of their injunction motion, but I've got client work that needs doing. Hopefully @questauthority has you covered
— Akiva Cohen (@AkivaMCohen) January 4, 2021
At the start, I'd note that the motion does not appear to be going anywhere fast - despite the request that they made over 80 hours ago to have the motion heard within 48 hours.
The most recent docket entries are all routine start-of-case stuff.
Why isn't it going anywhere quickly? Allow me to direct your attention to something that my learned colleague Mr. Cohen said
Folks, judges DO NOT read complaints or petitions when they are filed, and they DO NOT just up and act on the "requests for relief". If you want something, you need to actually ask the court for it by a motion, not just put it in your "here's what we want if we win" section
— Akiva Cohen (@AkivaMCohen) January 4, 2021
Now I'm not a litigator, but if I had an emergency thing that absolutely had to be heard over a holiday weekend, I'd start by reading the relevant part of the local rules for the specific court in which I am filing my case.
In this case, this bit, in particular, seems relevant:
My next step, if I had any uncertainty at all, would be to find and use the court's after-hours emergency contact info. I might have to work some to find it, but it'll be there. Emergencies happen; there are procedures for them.
And then I'd do exactly what they tell me to do.
More from For later read
1. The death of Silicon Valley, a thread
How did Silicon Valley die? It was killed by the internet. I will explain.
Yesterday, my friend IRL asked me "Where are good old days when techies were
2. In the "good old days" Silicon Valley was about understanding technology. Silicon, to be precise. These were people who had to understand quantum mechanics, who had to build the near-miraculous devices that we now take for granted, and they had to work
3. Now, I love libertarians, and I share much of their political philosophy. But you have to be socially naive to believe that it has a chance in a real society. In those days, Silicon Valley was not a real society. It was populated by people who understood quantum mechanics
4. Then came the microcomputer revolution. It was created by people who understood how to build computers. One borderline case was Steve Jobs. People claimed that Jobs was surrounded by a "reality distortion field" - that's how good he was at understanding people, not things
5. Still, the heroes of Silicon Valley were the engineers. The people who knew how to build things. Steve Jobs, for all his understanding of people, also had quite a good understanding of technology. He had a libertarian vibe, and so did Silicon Valley
How did Silicon Valley die? It was killed by the internet. I will explain.
Yesterday, my friend IRL asked me "Where are good old days when techies were
Where are good old days when techies were libertarians.
— Cranky (@rushingdima) January 9, 2021
2. In the "good old days" Silicon Valley was about understanding technology. Silicon, to be precise. These were people who had to understand quantum mechanics, who had to build the near-miraculous devices that we now take for granted, and they had to work
3. Now, I love libertarians, and I share much of their political philosophy. But you have to be socially naive to believe that it has a chance in a real society. In those days, Silicon Valley was not a real society. It was populated by people who understood quantum mechanics
4. Then came the microcomputer revolution. It was created by people who understood how to build computers. One borderline case was Steve Jobs. People claimed that Jobs was surrounded by a "reality distortion field" - that's how good he was at understanding people, not things
5. Still, the heroes of Silicon Valley were the engineers. The people who knew how to build things. Steve Jobs, for all his understanding of people, also had quite a good understanding of technology. He had a libertarian vibe, and so did Silicon Valley
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MDZS is laden with buddhist references. As a South Asian person, and history buff, it is so interesting to see how Buddhism, which originated from India, migrated, flourished & changed in the context of China. Here's some research (🙏🏼 @starkjeon for CN insight + citations)
1. LWJ’s sword Bichen ‘is likely an abbreviation for the term 躲避红尘 (duǒ bì hóng chén), which can be translated as such: 躲避: shunning or hiding away from 红尘 (worldly affairs; which is a buddhist teaching.) (https://t.co/zF65W3roJe) (abbrev. TWX)
2. Sandu (三 毒), Jiang Cheng’s sword, refers to the three poisons (triviṣa) in Buddhism; desire (kāma-taṇhā), delusion (bhava-taṇhā) and hatred (vibhava-taṇhā).
These 3 poisons represent the roots of craving (tanha) and are the cause of Dukkha (suffering, pain) and thus result in rebirth.
Interesting that MXTX used this name for one of the characters who suffers, arguably, the worst of these three emotions.
3. The Qian kun purse “乾坤袋 (qián kūn dài) – can be called “Heaven and Earth” Pouch. In Buddhism, Maitreya (मैत्रेय) owns this to store items. It was believed that there was a mythical space inside the bag that could absorb the world.” (TWX)
1. LWJ’s sword Bichen ‘is likely an abbreviation for the term 躲避红尘 (duǒ bì hóng chén), which can be translated as such: 躲避: shunning or hiding away from 红尘 (worldly affairs; which is a buddhist teaching.) (https://t.co/zF65W3roJe) (abbrev. TWX)
2. Sandu (三 毒), Jiang Cheng’s sword, refers to the three poisons (triviṣa) in Buddhism; desire (kāma-taṇhā), delusion (bhava-taṇhā) and hatred (vibhava-taṇhā).
These 3 poisons represent the roots of craving (tanha) and are the cause of Dukkha (suffering, pain) and thus result in rebirth.
Interesting that MXTX used this name for one of the characters who suffers, arguably, the worst of these three emotions.
3. The Qian kun purse “乾坤袋 (qián kūn dài) – can be called “Heaven and Earth” Pouch. In Buddhism, Maitreya (मैत्रेय) owns this to store items. It was believed that there was a mythical space inside the bag that could absorb the world.” (TWX)
