BC LAW

Saved by @ThomassRichards

Zoe Tillman
@ZoeTillman 4 years, 2 months ago 676 views

Save to PDF Share See On Twitter

A hearing is underway now in the case of Richard Barnett, one of the Capitol insurrection defs (photographed at Pelosi's desk) — the govt is challenging an Arkansas magistrate judge's release order. Chief Judge Beryl Howell in DC halted his release until she rules on the matter

Prosecutor Mary Dohrmann begins by arguing Barnett flouted laws "in the most brazen and flagrant manner possible" when he breached the Capitol: "He knew exactly what he was doing."

Prosecutor says the note that Barnett left for Pelosi in her office — "Nancy, Bigo was here you bitch" — was "disturbing" and says the photographs of him sitting at Pelosi's desk show that he appears to "relish" the notoriety

Govt says Barnett doesn't have a criminal record, but notes police reports where a caller lodged a complaint that he'd pointed a rifle at a car with a "Black Lives Matter" sticker and, in a separate incident, was carrying around guns in public

More from Zoe Tillman

Zoe Tillman
@ZoeTillman

A federal judge in DC is holding a detention hearing in the cases of Capitol insurrection defendants Eric Munchel (who was photographed wearing tactical gear and holding a bunch of zip tie handcuffs) and his mother Lisa Eisenhart — the govt is arguing to keep both behind bars

Re: the zip tie handcuffs that Munchel and Eisenhart allegedly picked up inside the Capitol, AUSA Ahmed Baset says they were visible to lots of people passing by at the time but these two not only took them, but did so "with glee"

Baset says it's true that Munchel and Eisenhart aren't charged with physically hurting anyone, the evidence shows they were looking for lawmakers, who had been cleared out. "They should not be given credit for that," Baset argues.

Baset says that Munchel was in touch with the Proud Boys in Tennessee *after* Jan. 6 and talked about how he'd wanted to join their ranks before but didn't know how

Munchel's lawyer Sandra Roland argues that the Tennessee magistrate judge who granted pretrial release to Munchel and Eisenhart got it right in finding that the govt failed to show there were no combination of release conditions that would protect the community

Zoe Tillman
@ZoeTillman

A detention hearing is about to start in federal court in Arkansas in the case of Richard Barnett, the man photographed sitting in Nancy Pelosi's office (see: https://t.co/GAAENhkxf0). He's been in custody since his arrest

Prosecutors alleged Barnett was carrying a stun gun. He's charged with entering a restricted area w/ a weapon, violent entry/disorderly conduct, and theft. There isn't anything on the docket indicating what the govt/Barnett will be seeking as far as detention v. release

We're still waiting for the Richard Barnett detention hearing to start in Arkansas. Meanwhile, follow @o_ema for updates on initial appearances in DC federal court today for a few of the Capitol insurrection arrestees -->

Listening in on more hearings: The 1st is Kevin Loftus, WI, arrested for participating in the riots at the Capitol, charged w Class A misdemeanor. Judge decreed he is released on the condition that he does not return to DC, doesn't drink or do drugs, and doesn't break any laws.
— Ema O'Connor (@o_ema) January 15, 2021

Richard Barnett's detention hearing is underway in Arkansas — Judge Erin Wiedemann will decide if Barnett should stay behind bars. The first witness is FBI special agent Jonathan Willett, who was involved in the Capitol riot investigation

FBI agent walks the judge through surveillance videos that the agent says show Barnett walking in and out of Nancy Pelosi's office, with a "walking stick Taser" on his hip, as well as the widely disseminated photos of Barnett sitting in Pelosi's chair with his feet up

Advertisement

Zoe Tillman
@ZoeTillman

New, with more to come: DOJ under Biden is keeping up the previous admin's effort to take over Trump's defense against a defamation lawsuit filed by writer E. Jean Carroll — an effort Biden criticized during the campaign.

First brief under new admin: https://t.co/JihPuNXxHj

Story: DOJ is keeping up an effort to try to take over Donald Trump's defense against a defamation case filed by writer E. Jean Carroll — an effort Biden criticized as a candidate last fall.

Key phrase in tonight's brief? "institutional interests" https://t.co/LTuq3vv58F

This is the latest case that tests DOJ's traditional role of defending the power and prerogatives of the executive branch — any executive branch, regardless of president. What's unusual is that Biden had weighed in on this case specifically.

DOJ says Trump's comments about Carroll — who accused him of raping her more than 20 years ago — were "crude and disrespectful." Notably, that language does not appear in DOJ's prev. brief filed 1/15. But DOJ says the case isn't about what's "appropriate"

A federal district judge in Manhattan had rebuffed DOJ's effort last fall to substitute the US govt for Trump as the defendant. If the government ultimately wins, it would likely spell the end of Carroll's suit, since the US is immune against libel suits

Zoe Tillman
@ZoeTillman

New: The Trump campaign filed a three-page letter in the 3rd Circuit this morning requesting oral argument in its big case trying to undo Biden's win in PA: https://t.co/oSOEc27he8

There is a lot to unpack here, too much for one tweet, so bear with me

The 3rd Circuit doesn't let lawyers who aren't members of the court's bar to appear unless they're pro bono. Trump's legal team still asks to let Rudy Giuliani argue, saying he hasn't been able to get the "necessary certifications due to Covid-19 complications"

Trump's lawyers write that given how many people voted for him, the claims "should be heard on the merits" — but recall this case is not up on appeal about the merits. The campaign is asking for emergency review of the judge denying its request to file a 2nd amended complaint

They contend oral argument would be helpful to address issues raised by PA, the DNC, and other parties in briefs filed yesterday, which they then touch on in a set of footnotes

The first footnote argues there was no undue delay in filing the 2nd amended complaint b/c given the shifting makeup of the campaign's legal team, there was "confusion" that led to the filing of the 1st amended complaint, which removed sections and a number of counts

Zoe Tillman
@ZoeTillman

Sidney Powell has moved to dismiss Dominion's defamation lawsuit. She argues that when she accused Dominion of being part of an election-rigging scheme with ties to Venezuela, "no reasonable person would conclude" those "were truly statements of fact" https://t.co/RDPD1eGvY3

Powell argues she can't be liable if the information she based her "opinions and legal theories" on were actually unreliable, comparing herself to reporters who get 1A protection when they cite sources; but she later also makes clear she disputes that her info was "false"

Powell also raises jurisdictional and venue-related arguments, basically saying the parties + allegations lack sufficient ties to DC and the case should be moved to Texas

The (sort of) retreat of the Kraken: Sidney Powell argues she can't be sued for defamation because her voter fraud lies were just "opinions and legal theories."

"...no reasonable person would conclude that the statements were truly statements of

The hundreds of criminal cases brought re: the Jan. 6 insurrection show how potent Powell and other Trump allies' conspiracy theories were — for ex, one man charged with assaulting cops echoed Powell's false claims that voting machines were tampered with

More from Law

derf_famous
@derf_famous

⚠️ENDGAME: VOTER ID LAWS⚠️

1/17

One of the goals of the 2020 election is to show the public rampant proof of voter fraud so every state would be pressured to implement strict Voter ID Laws.

@AdamSmithWorks
@adamsmithworks

#AdamSmith, #WealthOfNations, and #CornLaws!
What more could you possibly want on a Saturday morning? (IV.v.b) #WealthOfTweets #SmithTweets

Yes, it’s the Digression Concerning the Corn Trade and Corn Laws! We can barely contain ourselves long enough to remind you that “corn” doesn’t mean 🌽 It means the principal cereal crop of a nation. (We keep saying so because we keep forgetting.) #WealthOfTweets #SmithTweets

#TLDR on #AdamSmith’s thoughts on the Corn Laws:

They’re bad. (IV.v.b.1) #WealthOfTweets #SmithTweets

Corn merchants can be broken down into four groups. Smith loves to break things down into groups.
1) Inland traders
2) Importers
3) Exporters
4) Transporters (IV.v.b.2) #WealthOfTweets #SmithTweets

If inland traders raise their prices higher than supply and demand will allow, they’ll discourage consumption beyond “thrift and good management.” People will go hungry and crops will rot.

That's bad. (IV.v.b.3) #WealthOfTweets #SmithTweets

Advertisement

Carissa Byrne Hessick
@CBHessick

Let’s talk about this story. It discusses a NJ bill that is designed to make sentencing less harsh. The bill is being held up because a lawmaker introduced an amendment that would eliminate the mandatory minimum for one type of corruption.

First, let's talk about the framing of the story. The lede is about how the lawmaker who introduced the amendment has a girlfriend whose son is facing corruption charges. The story minces no words: It says the amendment was added specifically to help that man.

The idea of powerful people helping each other escape punishment is a powerful one. It is the stuff of headlines and outrage, and so I'm not surprised that this is how the story is being framed.

But there is also another way to frame this story--that most people only appreciate the harshness and injustice of the criminal justice system once they or someone they love have been swept up in it.
We've seen the story before, and it sends us a different message.

The "powerful people get off" framing tells us to be suspicious of leniency & not to trust criminal justice reform.

The "I only realized when" framing tells us that we aren't paying enough attention to harshness & more reform is probably needed.

Gil Kalai
@GilKalai

Where were we: Boaz Barak proposed a “law of nature” that if there is a physical device that can make a certain computation C, then there is a quantum circuit that computes C. 1/11

@boazbaraktcs @quantum_aram @AspectStalence @RosenblumSerge

Aram remarked that Boaz's proposed law is a variant of the strong Church Turing thesis. Correct! 2/11

I proposed a refinement of the general law. There are cases where we can analyse classes of devices (or natural processes) and can conclude that for them there is even a classical circuit that computes what they compute. 3/11

I gave a few examples 1) Computations that take place in Boaz's laptop can be carried out by a classical circuit.
4/11

2) Computations carried out by Boaz's brain can be carried out by a classical circuit. 5/11

LightlyThreatenHat
@Popehat

How about a brief refresher on federal bail, since everyone's got opinions on it this week? Yes?

Okay, here we go. In federal criminal cases, bail is governed by the Bail Reform

/2 Under the Bail Reform Act, a defendant MUST BE RELEASED ON BAIL unless the judicial officer (usually a federal magistrate judge) finds that no condition or combination of conditions will reasonably assure (1) them appearing for trial or (2) the safety of the community.

/3 It's the burden of the government -- the federal prosecutor - to PROVE by CLEAR AND CONVINCING EVIDENCE that the danger element applies, and no conditions can reasonably control it, if the government wants someone detained without bail. Preponderance burden for flight risk.

/4 HOWEVER there are certain statutory categories of crimes where there is a rebuttable presumption that no conditions will prevent flight or danger -- in other words, for those crimes, the burden shifts to the defendant.

/5 The Federal Rules of Evidence don't govern detention hearings and they can and do proceed by "proffer" -- that is, the government saying what they will prove if necessary.

You May Also Like

Brian Armstrong
@brian_armstrong

1/ Productivity tip: when I keep procrastinating on something I often trick myself by saying, "ok just work on it for the next 20 minutes" or some short period of time, "and then you can chill/relax guilt free" and give myself some treat (sugar, netflix, etc)

2/ Usually at the 20 minute mark (sometimes I set a timer) I'm so engrossed in what I'm doing that I don't want want to stop and end up working on it for the next hour or two. But getting started seems to be the hardest part.

3/ Key to this: you have to actually be ok with stopping after 20 minutes and being guilt free if that's how you feel. So it's not a trick, i have the option every time, I just often don't want to use it once i'm in the zone.

Vibhu Vashisth
@VIBHU_Tweet

RANI NAIKI DEVI AND THE BATTLE OF KASAHRADA

Mohammad Ghori, the young Ghurid Prince conquered Ghaznavids in Afghanistan in the year 1173 CE. He conducted some successful raids into the Indian territory, which even Mahmud Ghazni & the Persians couldn't do.

First&foremost,Ghori invaded states of Multan &Uch in India.After this he turned to southern states of Gujarat &Rajputana.Everybody knows this about Ghori,but what most pple r unaware of is the defeat he suffered at hands of Chalukyan Queen Naiki Devi in 1178 Battle of Kasahrada.

When he marched southwards, his first target was the prosperous fortified town of Anhilwara Patan.
It was the capital of Chalukyas(also known as Solankis of Gujarat) which was established by Vanraj of Chapotkata Dynasty in 8th century.

American historian Tertius Chandler states that it was the 10th largest city in the world at that time. The history of Chalukyas has been written by many historians, but the valour of the Great Queen Naiki Devi remains unsung.

Born to the Kadamba King Paramardin of Goa,Naiki Devi was well trained in sword fighting, horse riding, strategy & every other subject of Statesmanship. She was married to King Ajaypala of Gujarat who sat on throne in 1171CE. Unfortunately,the King died within 4 yrs of his rule.

Advertisement

Anu Satheesh
@AnuSatheesh5

Story of Thumba Poo and Shiva

Thumba poo is a tiny white flower which grows in all areas. These flowers are used for treatment for sinus. Small children who have polyps in Nose are told to crush tumbha leaves and apply in nose part.
There is an interesting story of Thumba and

Mahadeva. Thumba flowers were not taken for Shiva Pooja. Saddened to this Thumba prayed sincerely and Mahadeva appeared before her.
She was surprised that Shiva had appeared before her. Instead of saying that she wants to under his feet always, she said
@SriramKannan77

She said that her feet should be on his head. Shiva accepted her prayers. It is because of this Thumba flower is placed in the head of Shiva Linga.
Shambo Mahadeva
Om Namah Sivaye
🙏🕉🙏

Brian Cates
@drawandstrike

Great article from @AsheSchow. I lived thru the 'Satanic Panic' of the 1980's/early 1990's asking myself "Has eveyrbody lost their GODDAMN MINDS?!"

For three years I have wanted to write an article on moral panics. I have collected anecdotes and similarities between today\u2019s moral panic and those of the past - particularly the Satanic Panic of the 80s.

This is my finished product: https://t.co/otcM1uuUDk
— Ashe Schow (@AsheSchow) September 29, 2018

The 3 big things that made the 1980's/early 1990's surreal for me.

1) Satanic Panic - satanism in the day cares ahhhh!

2) "Repressed memory" syndrome

3) Facilitated Communication [FC]

All 3 led to massive abuse.

"Therapists" -and I use the term to describe these quacks loosely - would hypnotize people & convince they they were 'reliving' past memories of Mom & Dad killing babies in Satanic rituals in the basement while they were growing up.

Other 'therapists' would badger kids until they invented stories about watching alligators eat babies dropped into a lake from a hot air balloon. Kids would deny anything happened for hours until the therapist 'broke through' and 'found' the 'truth'.

FC was a movement that started with the claim severely handicapped individuals were able to 'type' legible sentences & communicate if a 'helper' guided their hands over a keyboard.

$\U0001f1ee\U0001f1f3$

🇮🇳
@Aamani_03

॥ॐ॥
अस्य श्री गायत्री ध्यान श्लोक:
(gAyatri dhyAna shlOka)
• This shloka to meditate personified form of वेदमाता गायत्री was given by Bhagwaan Brahma to Sage yAgnavalkya (याज्ञवल्क्य).

• 14th shloka of गायत्री कवचम् which is taken from वशिष्ठ संहिता, goes as follows..

• मुक्ता-विद्रुम-हेम-नील धवलच्छायैर्मुखस्त्रीक्षणै:।
muktA vidruma hEma nIla dhavalachhAyaiH mukhaistrlkShaNaiH.

• युक्तामिन्दुकला-निबद्धमुकुटां तत्वार्थवर्णात्मिकाम्॥
yuktAmindukalA nibaddha makutAm tatvArtha varNAtmikam.

• गायत्रीं वरदाभयाङ्कुश कशां शुभ्रं कपालं गदाम्।
gAyatrIm vardAbhayANkusha kashAm shubhram kapAlam gadAm.

• शंखं चक्रमथारविन्दयुगलं हस्तैर्वहन्ती भजै॥
shankham chakramathArvinda yugalam hastairvahantIm bhajE.

This shloka describes the form of वेदमाता गायत्री.

• It says, "She has five faces which shine with the colours of a Pearl 'मुक्ता', Coral 'विद्रुम', Gold 'हेम्', Sapphire 'नील्', & a Diamond 'धवलम्'.

• These five faces are symbolic of the five primordial elements called पञ्चमहाभूत:' which makes up the entire existence.

• These are the elements of SPACE, FIRE, WIND, EARTH & WATER.

• All these five faces shine with three eyes 'त्रिक्षणै:'.