Texas - WTF is this even - a very short reassurance thread:
1: The Texas "lawusit" against four other "battleground" states in the United States Supreme Court is legally stupid.* It is so legally stupid that I was reluctant to believe that even Ken Paxton would file it.
For lawyers, this is a signal that this is a performance of politics by "litigation" and not a serious effort.
Lawyers - at least competent ones - will zero in on the alleged injury and the evidence that the injury was caused by the defendant states.
Courts care about how the person bringing the complaint was allegedly harmed by the person being sued. If there's not a harm you can sue over and/or you can't show how the person you are suing caused that harm, You Have No Case.
The motion for leave to file doesn't seem to allege an actual injury that courts address, and doesn't really allege how the state in question caused that injury.
I am not worried in the least about the case.
https://t.co/QRIBlW6qf6
Goddamn it, Texas, I don't have time for this today.
— Akiva Cohen (@AkivaMCohen) December 8, 2020
Fine. Fine. A brief thread. (Yesterday I said I'd do a brief thread on the Michigan decision and finished an hour and a half later. Can't let this be that, today).
I'll let them take it. I looked at the injury section and then deleted the download.
https://t.co/ipbla8ose4
I *do* want to pick it apart!
— Actually malicious, no actual malice (@apark2453) December 8, 2020
And... Wow. This is art.
154 pages.
One entry on the table of contents: "Motion for leave... page 1".
1/ https://t.co/PgNRwnpxKY pic.twitter.com/b89qpCFRp5
More from Mike Dunford
Happy Monday! Dominion Voting Systems is suing Rudy Giuliani for $1.3 billion.
As Akiva notes, the legal question is going to boil down to something known as "actual malice."
That's a tricky concept for nonlawyers (and often for lawyers) so an explainer might help.
What I'm going to do with this thread is a bit different from normal - I'm going to start by explaining the underlying law so that you can see why lawyers are a little skeptical of the odds of success, and only look at the complaint after that.
So let's start with the most basic basics:
If you want to win a defamation case, you have to prove:
(1) that defendant made a false and defamatory statement about you;
(2) to a third party without privilege;
(3) with the required degree of fault;
(4) causing you to suffer damage.
For Dominion's defamation cases, proving 1 and 4 is easy. 2 is, in the case of the lawyers they're suing, slightly more complex but not hard. And 3 - degree of fault - is really really hard to prove.
A false statement of fact that is defamatory is a slam dunk element here - all the fraud allegations against dominion are totally banana-pants. They are also allegations which are clearly going to harm Dominion's reputation.
As Akiva notes, the legal question is going to boil down to something known as "actual malice."
That's a tricky concept for nonlawyers (and often for lawyers) so an explainer might help.
So Dominion sued Rudy for defamation. How are they ever going to allege actual malice? https://t.co/p8d3flDkGm
— Akiva Cohen (@AkivaMCohen) January 25, 2021
What I'm going to do with this thread is a bit different from normal - I'm going to start by explaining the underlying law so that you can see why lawyers are a little skeptical of the odds of success, and only look at the complaint after that.
So let's start with the most basic basics:
If you want to win a defamation case, you have to prove:
(1) that defendant made a false and defamatory statement about you;
(2) to a third party without privilege;
(3) with the required degree of fault;
(4) causing you to suffer damage.
For Dominion's defamation cases, proving 1 and 4 is easy. 2 is, in the case of the lawyers they're suing, slightly more complex but not hard. And 3 - degree of fault - is really really hard to prove.
A false statement of fact that is defamatory is a slam dunk element here - all the fraud allegations against dominion are totally banana-pants. They are also allegations which are clearly going to harm Dominion's reputation.
Election Litigation Update: DC - the "let's sue the Electoral College" case.
This is a bit surprising, given that as of last time I checked nobody had been served and no appearance had been entered. I suspect it's an effort to make sure the case isn't "pending" on the 6th.
And, sure enough, still no proof of service on ANY defendant, still no appearance from defense counsel. And this is denying the motion for preliminary injunction but does NOT dismiss the case - which is potentially ominous for plaintiff's counsel.
This isn't a "happy judge" kind of first paragraph. Not even a little bit. Nope.
Y'all, this isn't even directed within a few hundred miles of my direction and I sill just instinctively checked to make sure that there's room for me to hide under my desk if I have to - this is a very not happy, very federal, very judge tone.
Also - the judge just outright said there's a bunch of reasons for dismissal. And not in "might be" terms. In definite fact ones. But the case isn't dismissed yet.
If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
This is a bit surprising, given that as of last time I checked nobody had been served and no appearance had been entered. I suspect it's an effort to make sure the case isn't "pending" on the 6th.
Link: https://t.co/oOJZD1F4x2
— Brad Heath (@bradheath) January 4, 2021
And, sure enough, still no proof of service on ANY defendant, still no appearance from defense counsel. And this is denying the motion for preliminary injunction but does NOT dismiss the case - which is potentially ominous for plaintiff's counsel.
This isn't a "happy judge" kind of first paragraph. Not even a little bit. Nope.
Y'all, this isn't even directed within a few hundred miles of my direction and I sill just instinctively checked to make sure that there's room for me to hide under my desk if I have to - this is a very not happy, very federal, very judge tone.
Also - the judge just outright said there's a bunch of reasons for dismissal. And not in "might be" terms. In definite fact ones. But the case isn't dismissed yet.
If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
More from Court
so @tedwheeler did you hear? today we are discussing "public whippings" thanks to @JamesBuchal
its a great chance to study the history of public beatings.
understandably, women feel threatened. https://t.co/jck05JGM4B
#PDX #tourism
FIRST OREGON WIFE-BEATER TO RECEIVE WHIPPING POST PUNISHMENT
https://t.co/3SJOODbuLf
PORTLAND. Or., June 7—The whipping post law passed at the last session of the Legislature was Into execution for the first time today, the victim being Charles Mcdlnty, convicted of wlfe-beatlng
whip was a braided blacksnake, made of rawhide, with four lashes. ..hustled to jail, stripped to the
waist, manacled, and his hands tied to the door high above his head. The whipping was as severe as the powerful deputy was capable of administering. Blood drawn on the 4th blow.
its a great chance to study the history of public beatings.
understandably, women feel threatened. https://t.co/jck05JGM4B
#PDX #tourism
@MultCoDA https://t.co/GgR1rCGIdG @OregonStateBar @BrentWeisberg @USAO_OR
— braingarbage (@braingarbage) November 28, 2020
Even if this is a "joke" or a drunk tweet, it appears that he is inciting gender-based violence on a woman via Twitter@twittersupport pic.twitter.com/TcaBiQ2wvU
FIRST OREGON WIFE-BEATER TO RECEIVE WHIPPING POST PUNISHMENT
https://t.co/3SJOODbuLf
PORTLAND. Or., June 7—The whipping post law passed at the last session of the Legislature was Into execution for the first time today, the victim being Charles Mcdlnty, convicted of wlfe-beatlng
whip was a braided blacksnake, made of rawhide, with four lashes. ..hustled to jail, stripped to the
waist, manacled, and his hands tied to the door high above his head. The whipping was as severe as the powerful deputy was capable of administering. Blood drawn on the 4th blow.
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H was always unseen in S2NL :)
Those who exited at 1500 needed money. They can always come back near 969. Those who exited at 230 also needed money. They can come back near 95.
Those who sold L @ 660 can always come back at 360. Those who sold S last week can be back @ 301
Those who exited at 1500 needed money. They can always come back near 969. Those who exited at 230 also needed money. They can come back near 95.
Those who sold L @ 660 can always come back at 360. Those who sold S last week can be back @ 301
Sir, Log yahan.. 13 days patience nhi rakh sakte aur aap 2013 ki baat kar rahe ho. Even Aap Ready made portfolio banakar bhi de do to bhi wo 1 month me hi EXIT kar denge \U0001f602
— BhavinKhengarSuratGujarat (@IntradayWithBRK) September 19, 2021
Neuland 2700 se 1500 & Sequent 330 to 230 kya huwa.. 99% retailers/investors twitter par charcha n EXIT\U0001f602
The YouTube algorithm that I helped build in 2011 still recommends the flat earth theory by the *hundreds of millions*. This investigation by @RawStory shows some of the real-life consequences of this badly designed AI.
This spring at SxSW, @SusanWojcicki promised "Wikipedia snippets" on debated videos. But they didn't put them on flat earth videos, and instead @YouTube is promoting merchandising such as "NASA lies - Never Trust a Snake". 2/
A few example of flat earth videos that were promoted by YouTube #today:
https://t.co/TumQiX2tlj 3/
https://t.co/uAORIJ5BYX 4/
https://t.co/yOGZ0pLfHG 5/
Flat Earth conference attendees explain how they have been brainwashed by YouTube and Infowarshttps://t.co/gqZwGXPOoc
— Raw Story (@RawStory) November 18, 2018
This spring at SxSW, @SusanWojcicki promised "Wikipedia snippets" on debated videos. But they didn't put them on flat earth videos, and instead @YouTube is promoting merchandising such as "NASA lies - Never Trust a Snake". 2/
A few example of flat earth videos that were promoted by YouTube #today:
https://t.co/TumQiX2tlj 3/
https://t.co/uAORIJ5BYX 4/
https://t.co/yOGZ0pLfHG 5/
