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.
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And as a former EMT let me tell you, you will find dropout cops in training classes that just want power over people - difference is our system has CONSEQUENCES for negligence and malpractice. We get the same chuds every now and then but they still have to help or else.
— Love Potion No. Nines (@NineJackals) January 29, 2021
The idea that we can "disbar" lawyers but not police is absolute foolishness.
All the factors that make disbarment a necessary tool for lawyers apply to cops... except that cops don't need to be qualified in the first place.
It is a rank absurdity of the criminal justice system that one needs to be educated and certified with a degree in order to argue on behalf of someone's life in court, but to have no qualifications necessary to detain, assault, or prematurely end that same life.
There are countless circumstances in which a lawyer's unethical behavior will result in them not only losing their job but never being able to practice it again.
But corrupt and murderous cops can be rehired indefinitely.
A lawyer's entire career can be ended forever if they were found to have knowingly put someone on a stand to lie.
Police officers however are allowed to lie in court on the stand under oath.
So much that lawyers aren't penalized for putting cops on the stand to lie.
No matter how this trial plays out, the US will remain divided between those who choose truth, Democracy, and rule of law and the millions who reject these things.
1/
Wouldn't he just use this to repeat his Big Lie and have GOP echo him?
— Thel Marquez (@theljava) January 31, 2021
The question is how to move forward.
My mantra is that there are no magic bullets and these people will always be with us.
Except for state legislatures, they have less power now than they have for a while.
2/
The only real and lasting solutions are political ones. Get Democrats into local offices. Get people who want democracy to survive to the polls at every election, at every level.
It’s a constant battle.
3/
Maybe I should tell you all about Thurgood Marshall’s life to illustrate how hard the task is and how there will be backlash after each step of progress.
4/
Precisely. That's why Thurgood Marshall's life came to mind.
We are still riding the backlash that started after the Supreme Court decision in Brown v. Board of Education.
That's why I keep saying there are no easy
Yep. My relatives continue to support Trump and make false equivalencies as justification. I\u2019ve found it impossible to present factual information that changes minds. Trump\u2019s emotional appeal registers with them: that things were better before civil rights advances.
— Martha Brockenbrough INTO THE BLOODRED WOODS (@mbrockenbrough) January 31, 2021
\U0001f6a8New investigation: \U0001f6a8
— Tal Kopan (@TalKopan) January 22, 2021
How sexual harassment and misconduct has been allowed to flourish in the immigration courts, a system intended to give immigrants a fair chance to stay in the U.S.:https://t.co/Lw8hpK5jSe
The story notes that the EOIR Director served as an ICE attorney in Atlanta and practiced before Cassidy for years. And it points to FOIA records unearthed by Bryan Johnson showing they remain friendly.
A trove of complaints against Cassidy was published by AILA in 2019 after FOIA litigation. They generally show misconduct, substantiated in the record, followed by "written counseling" etc.
One way Cassidy could avoid discipline is by turning off the recording device during the hearing. If he made a lewd or offensive comment off the record, all the EOIR would do is listen to the recording. If it's not there, the complaint is "unsubstantiated" https://t.co/wUeBPEEbpV
In that case, Cassidy joked about a detained immigrant saying he missed his wife. The complaint was dismissed because the ACIJ found "no levity or joking" in the comment.
New out 🤯 A review which says lots about the academic context in which it was written - with its embedded behaviorist fixations on just implementing *better* - with complete disregard for the unintended consequences of treating "agency" as a dirty word
In all #becausehuman fields, we see justifiable professional kick-back at reductionist agendas driven by a focus on #obesity & nonsensical CMO guidance of 60 min of moderate-to-vigorous physical activity (MVPA) per day for healthy growth and development
If we're going to "Bring the Early Years Expert out of the Shadows" we might start by linking #ECSDNConference2021 practitioners with @greg_dryer / @meaningfulPE in critique of the nonsensical CMO "60 minute" guidelines. PLEASE review @fhcappg session \U0001f447https://t.co/CFC61gNrsG https://t.co/I2mO6BwcZ0 pic.twitter.com/KFC65fSKco
— Greg Spencer (@SingleBlade1) January 22, 2021
What's fundamentally missing is not just a respect for complexity. It's respect for Homo-Narrans - for the ordinary, everyday story-telling folk all around us whose aspirations & dispositions provide the context in which we find meaning, purpose & value
We don't need spurious arguments against initiatives... but let's consider ethics & unintended consequences - on which, see @snowded (especially around epistemic justice) #becausehuman
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RT-PCR corona (test) scam
Symptomatic people are tested for one and only one respiratory virus. This means that other acute respiratory infections are reclassified as
4/10
— Dr. Thomas Binder, MD (@Thomas_Binder) October 22, 2020
...indication, first of all that testing for a (single) respiratory virus is done outside of surveillance systems or need for specific therapy, but even so the lack of consideration of Ct, symptoms and clinical findings when interpreting its result. https://t.co/gHH6kwRdZG
2/12
It is tested exquisitely with a hypersensitive non-specific RT-PCR test / Ct >35 (>30 is nonsense, >35 is madness), without considering Ct and clinical context. This means that more acute respiratory infections are reclassified as
6/10
— Dr. Thomas Binder, MD (@Thomas_Binder) October 22, 2020
The neither validated nor standardised hypersensitive RT-PCR test / Ct 35-45 for SARS-CoV-2 is abused to mislabel (also) other diseases, especially influenza, as COVID-19.https://t.co/AkFIfTCTkS
3/12
The Drosten RT-PCR test is fabricated in a way that each country and laboratory perform it differently at too high Ct and that the high rate of false positives increases massively due to cross-reaction with other (corona) viruses in the "flu
External peer review of the RTPCR test to detect SARS-CoV-2 reveals 10 major scientific flaws at the molecular and methodological level: consequences for false positive results.https://t.co/mbNY8bdw1p pic.twitter.com/OQBD4grMth
— Dr. Thomas Binder, MD (@Thomas_Binder) November 29, 2020
4/12
Even asymptomatic, previously called healthy, people are tested (en masse) in this way, although there is no epidemiologically relevant asymptomatic transmission. This means that even healthy people are declared as COVID
Thread web\u2b06\ufe0f\u2b07\ufe0f
— Dr. Thomas Binder, MD (@Thomas_Binder) December 16, 2020
The fabrication of the "asymptomatic (super) spreader" is the coronation of the total nons(ci)ense in the belief system of #CoronasWitnesses.
Asymptomatic transmission 0.7%; 95% CI 0%-4.9% - could well be 0%!https://t.co/VeZTzxXfvT
5/12
Deaths within 28 days after a positive RT-PCR test from whatever cause are designated as deaths WITH COVID. This means that other causes of death are reclassified as
8/8
— Dr. Thomas Binder, MD (@Thomas_Binder) March 24, 2020
By the way, who the f*** created this obviously (almost) worldwide definition of #CoronaDeath?
This is not only medical malpractice, this is utterly insane!https://t.co/FFsTx4L2mw