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
This is an excellent question, and it's something that I've thought about some over the last couple of months.
Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.
The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.
That happened this year, and the majority of those challenges were heard on the merits.
The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.
The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.
The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.
Those are cases where laches is clear - particularly the prejudice element.
Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.
Any merit to the notion that the rationales for some of these rulings will harm progressive challenges in future elections?
— Andrew Broering (@AndrewBroering) January 3, 2021
One says laches, another moot, another standing, sometimes with almost the same type of plaintiff.
The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.
That happened this year, and the majority of those challenges were heard on the merits.
The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.
The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.
The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.
Those are cases where laches is clear - particularly the prejudice element.
More from For later read
Today's Twitter threads (a Twitter thread).
Inside: Planet Money on HP's myriad ripoffs; Strength in numbers; and more!
Archived at: https://t.co/esjoT3u5Gr
#Pluralistic
1/
On Feb 22, I'm delivering a keynote address for the NISO Plus conference, "The day of the comet: what trustbusting means for digital manipulation."
https://t.co/Z84xicXhGg
2/
Planet Money on HP's myriad ripoffs: Ink-stained wretches of the world, unite!
https://t.co/k5ASdVUrC2
3/
Strength in numbers: The crisis in accounting.
https://t.co/DjfAfHWpNN
4/
#15yrsago Bad Samaritan family won’t return found expensive camera https://t.co/Rn9E5R1gtV
#10yrsago What does Libyan revolution mean for https://t.co/Jz28qHVhrV? https://t.co/dN1e4MxU4r
5/
Inside: Planet Money on HP's myriad ripoffs; Strength in numbers; and more!
Archived at: https://t.co/esjoT3u5Gr
#Pluralistic
1/
On Feb 22, I'm delivering a keynote address for the NISO Plus conference, "The day of the comet: what trustbusting means for digital manipulation."
https://t.co/Z84xicXhGg
2/
Planet Money on HP's myriad ripoffs: Ink-stained wretches of the world, unite!
https://t.co/k5ASdVUrC2
3/
Back in November, I published an article for @EFF about @HP's latest printer-ink ripoff: after offering its customers a free-ink-for-life plan, it unilaterally switched them all to a $1/month-for-life plan.https://t.co/bsc73xPSuo
— Cory Doctorow #BLM (@doctorow) February 18, 2021
1/ pic.twitter.com/tagduPupA5
Strength in numbers: The crisis in accounting.
https://t.co/DjfAfHWpNN
4/
Accountancy is more likely to be mocked than celebrated (or condemned), but accountants, far more than poets, are the unacknowledged legislators of the world.
— Cory Doctorow #BLM (@doctorow) February 18, 2021
1/ pic.twitter.com/FaNQc66gQN
#15yrsago Bad Samaritan family won’t return found expensive camera https://t.co/Rn9E5R1gtV
#10yrsago What does Libyan revolution mean for https://t.co/Jz28qHVhrV? https://t.co/dN1e4MxU4r
5/
Excited we finally have a draft of this paper, which attempts to provide a 'unifying theory' of the long economic divergence between the Middle East & Western Europe
As we see it, there are 3 recent theories that hit on important aspects of the divergence...
1/
One set of theories focus on the legitimating power of Islam (Rubin, @prof_ahmetkuru, Platteau). This gave religious clerics greater power, which pulled political resources away form those encouraging economic development
But these theories leave some questions unanswered...
2/
Religious legitimacy is only effective if people
care what religious authorities dictate. Given the economic consequences, why do people remain religious, and thereby render religious legitimacy effective? Is religiosity a cause or a consequence of institutional arrangements?
3/
Another set of theories focus on the religious proscriptions of Islam, particular those associated with Islamic law (@timurkuran). These laws were appropriate for the setting they formed but had unforeseeable consequences and failed to change as economic circumstances changed
4/
There are unaddressed questions here, too
Muslim rulers must have understood that Islamic law carried proscriptions that hampered economic development. Why, then, did they continue to use Islamic institutions (like courts) that promoted inefficiencies?
5/
As we see it, there are 3 recent theories that hit on important aspects of the divergence...
1/
New CEPR Discussion Paper - DP15802
— CEPR (@cepr_org) February 14, 2021
Culture, Institutions & the Long Divergence@albertobisin @nyuniversity, Jared Rubin @jaredcrubin @ChapmanU, Avner Seror @SerorAvner @amseaixmars @univamu, Thierry Verdier @PSEinfohttps://t.co/lhs6AJb7jE#CEPR_DE, #CEPR_EH, #CEPR_ITRE pic.twitter.com/FtMzAELljJ
One set of theories focus on the legitimating power of Islam (Rubin, @prof_ahmetkuru, Platteau). This gave religious clerics greater power, which pulled political resources away form those encouraging economic development
But these theories leave some questions unanswered...
2/
Religious legitimacy is only effective if people
care what religious authorities dictate. Given the economic consequences, why do people remain religious, and thereby render religious legitimacy effective? Is religiosity a cause or a consequence of institutional arrangements?
3/
Another set of theories focus on the religious proscriptions of Islam, particular those associated with Islamic law (@timurkuran). These laws were appropriate for the setting they formed but had unforeseeable consequences and failed to change as economic circumstances changed
4/
There are unaddressed questions here, too
Muslim rulers must have understood that Islamic law carried proscriptions that hampered economic development. Why, then, did they continue to use Islamic institutions (like courts) that promoted inefficiencies?
5/
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Following @BAUDEGS I have experienced hateful and propagandist tweets time after time. I have been shocked that an academic community would be so reckless with their publications. So I did some research.
The question is:
Is this an official account for Bahcesehir Uni (Bau)?
Bahcesehir Uni, BAU has an official website https://t.co/ztzX6uj34V which links to their social media, leading to their Twitter account @Bahcesehir
BAU’s official Twitter account
BAU has many departments, which all have separate accounts. Nowhere among them did I find @BAUDEGS
@BAUOrganization @ApplyBAU @adayBAU @BAUAlumniCenter @bahcesehirfbe @baufens @CyprusBau @bauiisbf @bauglobal @bahcesehirebe @BAUintBatumi @BAUiletisim @BAUSaglik @bauebf @TIPBAU
Nowhere among them was @BAUDEGS to find
The question is:
Is this an official account for Bahcesehir Uni (Bau)?
Bahcesehir Uni, BAU has an official website https://t.co/ztzX6uj34V which links to their social media, leading to their Twitter account @Bahcesehir
BAU’s official Twitter account
BAU has many departments, which all have separate accounts. Nowhere among them did I find @BAUDEGS
@BAUOrganization @ApplyBAU @adayBAU @BAUAlumniCenter @bahcesehirfbe @baufens @CyprusBau @bauiisbf @bauglobal @bahcesehirebe @BAUintBatumi @BAUiletisim @BAUSaglik @bauebf @TIPBAU
Nowhere among them was @BAUDEGS to find
