There is a now-relevant parallel here to the difference here between matters before a judge & matters before a jury. Judges are far more reluctant to strike testimony or evidence if they are the only recipients of it, with the theory being that they are really smart about ...
To the extent that precedents matter in this trial, when hearsay has been challenged in past trials, it's been admitted if it's probative. And it's been noted that senators aren't *regular* jurors, but rather people of learning who can figure on their own how to weigh evidence.
— Ira Goldman \U0001f986\U0001f986\U0001f986 (@KDbyProxy) January 24, 2020
2) The declaration includes all sorts of legal arguments about why the defendant should win. Often the declaration includes arguments the brief didn't even make.
3) Plaintiff moves to strike the declaration for its inclusion of inadmissible legal arguments.
4) Judge denies the motion to strike, on the grounds that a ...
The legal fiction behind this impeachment exception is that Senators are also smart enough to know what to listen to & what to ignore. Now, that may not be ACCURATE, ...
The U.S. legal system is adversarial expressly because judges are human ...
Additionally, it should be noted that it is logistically impossible for a ...
A few caveats here. First, I am ignoring the people who will acquit him saying that he can't be impeached because he's not President. That's not an acquittal based on the substance. That's a purely legal question where evidence plays zero role.
More from Law
I’ve been reading lots recently about the interaction between First Amendment law and free speech principles with respect to online services in light of the events of the last few weeks.
And I have thoughts (MY OWN). So, I’m sorry ... a thread 1/25
One of the main reasons I think users are best served by a recognition that social media services have 1st Amendment rights to curate the content on their sites is because many users want filtered content, either by topic, or by behavior, or other. 2/
So online services should have the right to do this filtering, and to give their users the tools to do so too. For more detail see our Prager U amicus brief https://t.co/73PswB9Q7Q 3/
So, I disagree with my friends (and others) who say that every online service should apply First Amendment rules, even though they cannot be required to do so. There are both practical and policy reasons why I don’t like this. 4/
Most obviously, the 1st Amendment reflects only one national legal system when this is inherently an international issue. So it’s politically messy, even if you think a 1st Amendment-based policy will be most speech-protective (though probably only non-sexual speakers). 5/
And I have thoughts (MY OWN). So, I’m sorry ... a thread 1/25
One of the main reasons I think users are best served by a recognition that social media services have 1st Amendment rights to curate the content on their sites is because many users want filtered content, either by topic, or by behavior, or other. 2/
So online services should have the right to do this filtering, and to give their users the tools to do so too. For more detail see our Prager U amicus brief https://t.co/73PswB9Q7Q 3/
So, I disagree with my friends (and others) who say that every online service should apply First Amendment rules, even though they cannot be required to do so. There are both practical and policy reasons why I don’t like this. 4/
Most obviously, the 1st Amendment reflects only one national legal system when this is inherently an international issue. So it’s politically messy, even if you think a 1st Amendment-based policy will be most speech-protective (though probably only non-sexual speakers). 5/
But you see you don't actually understand how lawmaking works there's this set of procedures and dates that BLEAAAARGHHHHHvomitvomit
Neoliberalism is an economic genocidal ideology predicated on maintaining capitalism, and capitalism is the impoverishment, oppression and death of poor people because that's the OBJECTIVE of capitalist ideology. It's a malthusian ideology.
Neoliberals are the original Alt-Right
Capitalism has ZERO todo with "markets vs. no markets," or "central planning vs. decentralization." That's *propaganda*. That's a diversion.
Capitalism is the NAME OF THE ABSENCE of any support for poor people. In capitalism, giving ANY power to poor people is a CRIME.
Capitalism has an *exception* to the strict forbiddance of giving any economic power to the 99%, and that is the concept of "Merit."
If you act as a SLAVE (wage slave), then you can get some crumbs to *temporarily* avoid your death. While you are mechanically useful.
These fucking Neoliberals which are 99% of the Democratic Party in the US are all POSING as nice people. They are not. They are all sociopaths.
This economic fascism is so thoroughly normalized in the US that nobody has a concept of what capitalism is.
The next day, she voted to move the bill without the 2k. Such a fucking phoney. https://t.co/3aiwDROypo
— ProgressiveSoapbox (@theProgSoapbox) December 31, 2020
Neoliberalism is an economic genocidal ideology predicated on maintaining capitalism, and capitalism is the impoverishment, oppression and death of poor people because that's the OBJECTIVE of capitalist ideology. It's a malthusian ideology.
Neoliberals are the original Alt-Right
Capitalism has ZERO todo with "markets vs. no markets," or "central planning vs. decentralization." That's *propaganda*. That's a diversion.
Capitalism is the NAME OF THE ABSENCE of any support for poor people. In capitalism, giving ANY power to poor people is a CRIME.
Capitalism has an *exception* to the strict forbiddance of giving any economic power to the 99%, and that is the concept of "Merit."
If you act as a SLAVE (wage slave), then you can get some crumbs to *temporarily* avoid your death. While you are mechanically useful.
These fucking Neoliberals which are 99% of the Democratic Party in the US are all POSING as nice people. They are not. They are all sociopaths.
This economic fascism is so thoroughly normalized in the US that nobody has a concept of what capitalism is.