This will be a thread containing the more sensitive information @LLinWood tweeted tonight.

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.

I'm slightly obsessed with this "#PenceCard" nonsense which is like the Platonic ideal of the current level of Trump election stealing conspiracy theory nonsense.

Here's a thing about the United States: the vice president famously *does nothing*. By design. The job is not like the vice president of marketing or whatever where the guy has a job. Mike Pence is the spare president. He's there in case anything happens to the first one.

In the original formulation under the constitution, the vice president was the runner-up of the presidential race. Nobody ran for it. There was no assumption that it would be an ally of the president; more likely they would be rivals.

They're officially "president of the senate" just to give them something to do to keep them around the capital but they're not a senator and only get to vote if there's a tie, so most of the time that ceremonial role is fobbed off an actual senator.

But this senate presidency that we give the vice president currently has attached to it some purely ceremonial duties in the very perfunctory part of the election process where votes are counted and reported to Congress.

🚨🚨🚨 Antrim audit protective order hearing live now:

The judge just clarified that they will pause the hearing if YouTube goes down... due to the importance of transparency for the public

Deperno basically saying that the public's interest, needing election transparency and confidence, is greater than Dominion's interest in retaining privacy.

Deperno clarifying they don't plan to release any source code or reverse engineer the software

Deperno: at a minimum we need to be able to release this information to the Michigan legislature, oversight committee and... law enforcement. Wow