BC LAW
Saved by @Mollyycolllinss

In the cold light of morning, I'm still completely amazed by the legal belly flop that @ThomasMoreSoc filed in the DC District Court. It's the legal equivalent of watching the butt fumble, live

EVERYTHING you could possibly get wrong in a complaint, they managed

 Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"

Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
OK, so the State Legislatures weren't plaintiffs. They were Defendants, right? 'Cause, you know, the claim is that the legislatures didn't do what they were required to do?

Again
Let's gloss over the fact that they've joined a whole bunch of independent defendants, sued for independent wrongs, in a single case ....
For those who don't know, you ... uh ... can't do that. If I steal your car, and someone in Wisconsin empties your bank account, you can't sue us both in one case just because we both stole from you; unless it's a conspiracy & we're working together, you need separate suits
But sweet glory, they ALSO named the Electoral College as a Defendant, an "entity" that, with apologies to @scottlynch78, is entirely fictional.
That's like filing a lawsuit against "chemotherapy" or "the foreign policy establishment". As I said last night, pity the poor process server who was handed a summons and told "ok, go serve this on the Electoral College"
On the plus side, they DID make up a physical address for "Defendant Electoral College" - it's the US Capitol Building, where (unless I'm wrong and the DC electors use it) exactly NONE of the temporary members of the Electoral College even meet to vote
They also sued a raft of individual defendants from the various states "in their official capacity" - except Brian Kemp, who was sued in his "original" capacity - meaning that they all have 11th Amendment immunity from being sued
Or, well, they would, if the case ever got to the point where immunity is relevant, which it won't because ...
They sued these defendants in the US District Court for the District of Columbia, where basically none of the defendants reside or do business (except for Mike Pence and Congress, who, OF COURSE, were also named as defendants because when you're this crazy, why not?)
This is a slight problem due to the little-discussed topic of personal jurisdiction, which only a hundred thousand or so cases have addressed, which basically says "no, asshole, you can't sue Ginny Welch of Minnetonka in a court in New York. We have no power over her"
There are exceptions to that rule, of course - we're lawyers, after all, and bright-line, easily followed rules without exceptions would put us out of business - but none of them apply here, and the plaintiffs don't even bother arguing that they do.

More from Akiva Cohen

Akiva Cohen
Akiva Cohen
@AkivaMCohen
Let's talk about this North Dakota attempt to legislate around Section 230 and create a civil right of action for users censored by social media sites. CC @mmasnick

Forget, for a moment, that this law, if it passed would immediately be deemed void as preempted by Section 230 (Federal law is supreme over state law where they conflict, and this would create an express conflict). This bill is a really good example of why this stuff is hard

Here's the key provision of the bill. The various highlighting on these versions shows areas we'll touch on


First of all, let's look at the last of those images. There's no question that this would target conduct immune under federal law - and, in fact, if 230 were repealed nobody could ever be liable under this law (since it only reaches immune conduct). So it's incredibly stupid.


But again, put that aside. Let's look at the substance.

First of all, who gets to decide whether content fits into these highlighted categories? Do they actually think that the government will get to decide what counts as "otherwise objectionable"?
GOVERNMENT
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Looks like we need to spend some time talking about the Parler lolsuit against Amazon and why it's deader than a Mitch McConnell comedy special. They've brought three claims - antitrust, breach of contract, and tortious interference. None will survive. Here's why

Here's the meat of their intro: Amazon isn't being fair to us. They're holding us to a higher standard than Twitter - they say we allow violent content, but look what Twitter does!


There are a few problems with this approach. First, there's a factual problem: Twitter and Parler take very different approaches to moderation. Hell, *that's Parler's entire pitch.* So "we're the same as Twitter, why are you treating us different" isn't going to fly

ALSO, the hashtag was mostly people saying "these folks are calling to hang Mike


And ALSO also, did anyone notice any prominent right wingers complaining about losing tens of thousands of followers yesterday? You know why they did? Because Twitter has been active in deleting accounts that violate its TOS
BUSINESS
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason


First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here


There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"

In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past

I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
JUDGE
Akiva Cohen
Akiva Cohen
@AkivaMCohen
OK, let's start talking about the House's 80 page brief on impeachment. It really is an incredibly well-done piece of work. There are some things I'd do differently and some pieces I didn't love, but overall, it's very very good.

Again - this thread will happen in fits and starts. I'm swamped at work and this will come in 10-15 minute chunks as I take a break

Let's start by taking a look at the table of contents. After a 4-page intro (that's relatively long, don't love it), the brief spends a solid 30 pages walking through the facts underlying the impeachment - and, the subheadings tell us, tying in Trump's general refusal to accept


the election results with everything that followed. This is a strong rhetorical approach, but it comes with dangers: the President not only had a legal right to contest the election results, but the GOP Senators pretty much all backed that right, strongly.

It's going to be important to thread a needle of saying "this set the stage for what came after" without putting yourself in a place where you're trying to convince the Senate that the challenges themselves were impeachable. That won't fly
CULTURE
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Dear Texas: When your argument is that election procedures were adopted in violation of the Electors clause, the only evidence you need to "marshal" is "what election procedures were adopted and how"

You don't need weeks, a magnifying glass, and Melissa Carone


Also, why is there no other forum? You couldn't have sued in Federal court in Georgia or PA in advance of the election because ...?

Oh, right. No standing. That's still a problem


Also, Texas? I feel like you should take that up with ... Texas


I kind of feel like "look, what you meant by Purcell was let's just wait until after the election and then invalidate ALL the votes" isn't necessarily the *strongest* argument


Also, you don't just get to make up a new principle of constitutional and election law and just call it "a variant of" Purcell (or anything else).

You can tell it's made up by the total absence of any citation to ANY case, ANYWHERE, saying that
LAW

More from Law

\U0001f3f4\U000e0067\U000e0062\U000e0073\U000e0063\U000e0074\U000e007f\U0001f1ec\U0001f1e7Edward Thomas Black
🏴󠁧󠁢󠁳󠁣󠁴󠁿🇬🇧Edward Thomas...
@edglasgow59
1/

The SNP versus the Law

The SNP is in trouble. They know it and we know it. It’s almost certain that Nicola Sturgeon will need to resign for lying to Holyrood

This explains the frantic calls for another referendum

Brexit is done and the sky didn’t fall in

2/

This removes their number one Bête Noire. A Disastrous hard Brexit

They were banking on that happening. There will be, and are, difficulties with the new trading arrangements but these will play out over years and will be sorted one way or another

3/

The Law

As it stands, the SNP cannot call another referendum without the permission of the UK Parliament

Some people dispute this, including many in the SNP

So. What’s the alternative?

The could call a non binding non legal referendum but what’s the point

Unionist will

4/

boycott it and non SNP councils will refuse to participate

Although that’s their latest plan, it’s a non starter

In the absence of a S30 order their only recourse is to test the competence to hold another referendum in the Supreme Court

This is fraught with dangers

5/

They have to balance the possibility of getting a positive SC judgement against getting a negative judgement

I’ll start with the negative judgement first

Were the Scot Gov to go to the SC they would risk not one but two massively disastrous and fatal outcomes
LAW
Ron Coleman
Ron Coleman
@RonColeman
Entering 2021, our hearts are already broken.

That's exactly why we're ready to fight the good fight


And let me say this WADR in response to understandably heartbroken, frustrated and passionate people suggesting that I'm an easy touch, a RINO, naive, or insufficiently dedicated to conservatism: >

These remarks come up not only in response to my video saying that we must remember and live by the principles we say we're fighting for, but to my tweets saying that Lin Wood has lost touch with reality or that John Roberts is not being blackmailed. >

I've been a conservative activist since I was a teenager. The announcements for conservative events I was running were torn off the walls at Princeton in the 80's. Interviewers at law firms recommended that I not be extended an offer because the Federalist Society was Nazis. >

More recently I left one law firm partnership after being told I could not represent the Gab social media platform after it the representation been approved up and down the org chart and on the eve of filing.

People might say we were Nazis. >
LAW
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TD Cole Esq. \u2696\U0001f1f3\U0001f1ec
TD Cole Esq. ⚖🇳🇬...
@BolanleCole
Tunde Thomas (alias Tunde Gentle), 45, died about two weeks ago from heartbreak. The two kids from his marriage were indeed fathered by a man without scruples or conscience, the current MD of FCMB, Adam Nuru who was his wife’s boss (MD) in FCMB. Tunde’s wife, Moyo Thomas
#thread


(Nee Ojo), a useless an unconscionable adulterer was engaged in an office romance with her MD, a relationship that was well known throughout the organization as the lack of shame and decorum in both lovebirds made them to get carried away and to throw caution to the wind.


FCMB, an organization without proper rules or governance looked the other way while the open and unprofessional romance was going on between the MD and a subordinate staff of the same organization, a married woman.

The MD, Adam Nuru, who was supposed to be the chief


Governance Officer and Chief Image Maker of FCMB spared no thought for the husband of this lady who was bringing up his (Nuru’s) two children while thinking they were his. He also did not think of the organization he was leading while engaging in this foul conduct, the


scandal with which no ethical organization would want to be associated.
Tunde was so in love with & attached to his wife & children that he spent most of his resources on them. He took them to London & Dubai on holidays. He also spared no penny in putting them in the best schools
FOR LATER READ , LAW
BTC Kershinaut
BTC Kershinaut
@btckershi
Today someone showed me an INCREDIBLE piece of evidence that #CraigWright is Satoshi.

This image, sourced from metanet-icu was shared with me.

It appears to be one of Satoshi’s earliest emails to Hal Finney, screen grabbed by Craig when he wrote it.


But, on closer inspection all is not as it seems.

This email was made public by journalist and can be found in a pdf of lots of emails from Satoshi to Hal Finney spanning 10-24 Jan 2009.

I’m not making any claim whether these are or are not

But, the most glaring and immediate problem with the metanet-icu screenshot of the draft email is in the top right hand corner of the image, where the user’s membership expires on 13th of March 2019.


Anonymousspeech is a paid service. The web archive of their product page shows that going back to the earliest snapshots they have never offered a package that lasts more than 2 years.

So the earliest this screenshot could have been made was March

But there’s something else strange about this image as well, and that’s down in the bottom left hand corner.

Anonymousspeech allows a maximum of 50000 characters in an email and has a counter of spare chars at the bottom.

This email has 48932 chars left.
LAW
Nick Hinton
Nick Hinton
@NickHintonn
A Thread: The Law of One


The Law of One comes from the Ra Material, a series of conversations between Don Elkins, a physicist, pilot, and UFO investigator, and Ra, a multidimensional being who spoke through Carla Rueckert, a psychic, medium, and Don Elkins’ life partner. It was channeled in the 1980s.
LAW

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Patrick McKenzie
@patio11
So the cryptocurrency industry has basically two products, one which is relatively benign and doesn't have product market fit, and one which is malignant and does. The industry has a weird superposition of understanding this fact and (strategically?) not understanding it.


The benign product is sovereign programmable money, which is historically a niche interest of folks with a relatively clustered set of beliefs about the state, the literary merit of Snow Crash, and the utility of gold to the modern economy.

This product has narrow appeal and, accordingly, is worth about as much as everything else on a 486 sitting in someone's basement is worth.

The other product is investment scams, which have approximately the best product market fit of anything produced by humans. In no age, in no country, in no city, at no level of sophistication do people consistently say "Actually I would prefer not to get money for nothing."

This product needs the exchanges like they need oxygen, because the value of it is directly tied to having payment rails to move real currency into the ecosystem and some jurisdictional and regulatory legerdemain to stay one step ahead of the banhammer.
CRYPTO
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@HiteshAwasthi89
Sri Devi Karumariamman mandir, Chennai, Tamilnadu

Sri Devi Karumariamman mandir is in Thiruverkadu, a suburb of Chennai. It is said that God Muruga came here and obtained the 'Vel' (spear) from His mother, Goddess Karumari (an avatar of Parvathi) 1/n


to fight the demon Suran and hence this place was called as 'Vel kadu' and became as Verkadu. As per legend Devi Karumariamman once disguised as a soothsayer visited Bhagwan Surya, the Sun God, to predict His future. 2/n


Not realising that the soothsayer is none other than Sakthi Matha, Surya ignored Her. Angered by his indifference, Devi Karumariamman immediately retreated. Bhagwan Surya lost His glory and the earth plunged into darkness. 3/n


Bhagwan Surya then realised His folly and pleaded forgiveness from Devi Karumariamman. In order to pacify mother Karumariamman, Suryadev said that His rays would fall on Her directly twice in a year and touch her feet. (in the month of Panguni (March- April) & during (Sep - Oct)


Mother Karumari Amman is worshipped here in two forms.A swayambu (self manifested) with only head visible above the ground and another one in a graceful sitting posture with all Parasakthi features,with four arms holding skull, sword, trishul, udukkai (damru). 5/n
ALL
Shalini Singh Sengar
Shalini Singh Sengar
@Maverickmusafir
(An extract from Field Marshal Sam Manekshaw, Soldiering with Dignity)

The man eventually destined to be free India's first Field Marshal was born on 3rd April 1914 at Amritsar. How did a Parsi couple settle for the holy city of the Sikhs? I once asked him and was told that in+


1899, his father recently qualified as a doctor and just married, could make no professional headway in Bombay, and was advised to try his luck at Lahore in the Punjab. With his young wife, he set off by train for Lahore. The long dusty and hot journey took five days and by the+


end of it, his young wife, who had never left the comforts and civilization of Bombay, was in hysterics and cried to go back. Poor Dr Manekshaw did all he could to comfort her, but as the train steamed into Amritsar, with her first sight of the Sikhs the young bride screamed her+

lungs out and refused to go any further. So they left the train at Amritsar, and there they stayed for forty-five years.

The Manekshaws had six children, four boys and two girls, and Sam was the fifth child. Sam had his schooling at Nainital's Sherwood College.+

After completing his schooling, he should have gone to England to pursue higher studies; this was the promise made to him by his father but, fortunately for the Indian Army, Dr Manekshaw felt that this particular son was far too young to be on his own in a foreign country, even+
HISTORY
Julien \U0001f332
Julien 🌲
@julien
1/ there is this sense when you are young that your accomplishments need to be a list of things that seem impressive to others. A list of several items you did.

This isn't actually right, so here is another suggestion.

2/ I remember being 26 and writing about reading 52 books a year. I wrote blog posts about it. They got copied. It became "a thing." Now it's in Twitter bios. It looks impressive but it's insanely useless and I shouldn't have done it.

3/ what I should have known at that time is that only young idiots like myself, with no accomplishments, find list of tiny achievements impressive. Anyone who has actually done anything of substance doesn't gaf

4/ what is actually difficult, and worthwhile, instead is to do ONE single thing for a very, very long time. It's much harder and much rarer and results in outlier outcomes much more often.

Of course you can find this out too late if you are chasing the dragon of Ted talks etc

5/ if I had only worked on a startup for a year, I would've gotten nowhere, the same way that if you lift for 3 months, it achieves nothing. Everything good in life comes from perseverance, but at the beginning, you're just like "I need to be somebody!!!"
LIFE