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Akiva Cohen
@AkivaMCohen 4 years, 4 months ago 553 views

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The judge in this case has now issued an absolutely brutal smackdown that you'll enjoy reading. It comes complete with a well-earned threat of sanctions.

Folks, this is the single dumbest election lawsuit of the entire cycle, and I've read kraken filings front to back. https://t.co/PLHTf7HhbM
— Akiva Cohen (@AkivaMCohen) December 22, 2020

Here's the decision. Some highlights follow

https://t.co/u8GypCeRT4

Pretty sure I said this, using slightly different words!

Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be

You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days

OOOOOOOOOF level: Infinity. Achievement unlocked

Seriously, a court saying "this band of merry fuckwits got this wrong for many more reasons than I can cover so I'll just pick the top FOUR" is not something that you ever want to see

Just going to pause here to remember that the Court did this without opposition briefing (since no opponent was served nobody responded) because these problems were so glaring

YOU ARE SPECIFICALLY ASKING TO BE DISENFRANCHISED

Not only are you the wrong plaintiffs, but, unfortunately, you neglected to provide the Court with the necessary time-travel machine

That first highlighting is the politest version of "what the ever-loving fuck were you guys smoking to think that this was a thing" that I can remember seeing, ever, and I love it.

"must also pause at" is entering my personal litigation toolbox, thanks

There is no rule that requires the court to quote a party's briefing in the order; those "Sic" notations are just twists of the knife.

Because the substantive argument was loony tunes

ahahahahaha

This judge gets it. As I said, this suit was a political stunt, and the Court is correct not to let itself get used for that.

Note: the grievance committee can issue discipline ranging from "take some CLEs" all the way through "you can no longer practice in DC Federal Court"

And that's it.

Seriously, this ruling was chicken soup for the ethical litigator's soul. Very much needed

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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"?

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

Five minutes of scrolling a search for #hangmikepence, a gallery: pic.twitter.com/40hsyJNK50
— Jawafawa (@jawafawa) January 11, 2021

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

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Akiva Cohen
@AkivaMCohen

Somebody asked me about this idiotic "PenceCard 2: Electric Boogaloo" article, and people, just stop worrying about this stuff.

The conspiracy wing of the GOP is going to keep pumping out these "Ten Neat Tricks to steal an election [number 8 will shock you!]" articles straight through the inauguration. (Yes - don't expect this to stop after the electoral votes are counted)

None of it is real. None of it has any legal basis. It's fantasy written by fantasists for coping MAGA-ites who find reality just too painful to accept. Ignore it.

This particular flavor of wishcasting was written by Ted Noel. Unless there are two "Ted Noel"s writing nonsense for the American Thinker, Noel is a doctor, not a lawyer or scholar, who nevertheless writes about legal issues

This actually makes me feel a bit better, because the thought that a *lawyer* could think that Pence had "plenary power" to discard state election certificates for any reason he chose is - even after watching Wood, Powell, Kaardal, and the rest - somehow too hard to contemplate

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

Akiva Cohen
@AkivaMCohen

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).

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Vigilant AFA
@AfaVigilant

One fascist to watch in 2021 is Joseph Charles "Oakman" Golinske of SE MI. He's been a Proud Boy for a couple years, but took a break recently from the group and promotes himself through the "Oak Nation" channel on Telegram.

Most people may be familiar with him as the tall guy in the Proud Boys bridge shot, from their August 17, 2019 attack on Portland, which featured an American Guard bus trying (and failing) to bludgeon antifascists with hammers.

He was also with his g/f at the time (Dominique Tota, left of Tarrio), and that's definitely a twitter account folks will want to block/report because he posts on it.

He's been plenty active at the pro-Covid/anti-mask/ReOpen protests in Lansing MI, seen here with Jerry Wayne and an effigy of Gretchen Whitmer, who his militia friends tried to kidnap and publicly execute.

Outside of the Proud Boys, his solo "career" with Oak Nation features the same misogyny, classism and gateway to far-right domestic terrorism the Proud Boys themselves feature. Here's him peddling oxychlorinque and bragging about harassing service workers.

jeevan patwa
@jeevanpatwa

#Suven – Journey of my first 50 bagger…

I bought #Suven first in Apr 2013 around Rs 20…today after almost 7.5 years, its Rs 1000 (Suven pharma 920 adjusted for bonus + Suven Life 80)..CAGR of almost 68% for 7.5 years. I am fortunate to hold it throughout the journey and

1/n

add on multiple occasions on way up. Like to share my experience in this thread for everyone’s benefit..

First time I bought because I like the management focus on R&D. It had chosen the most difficult therapeutic area in pharma which is CNS and it was investing the cash

2/n

flow it used to earn from CRAMS. It also used to write off all the R&D expenses in the P&L instead of capitalizing it in BS. That gave me lot of comfort about management quality.

I kept on adding as funds keep coming. I remember giving a public presentation on Suven in

3/n

Mumbai at one analyst meet in Nov 2017 when it was trading at Rs 160. There was a huge call option embedded at that time in the form of SUVN-502. That would have been the blockbuster molecule if succeeded with market potential of $10 Bn plus..result was due in Dec 2019,

4/n

I loaded around 250-300 knowing the value of CRAMS business itself is more than 300.

SUVN-502 failed in phase-II trials, stock was down 15% from 300 to 250 in a single day, I added heavily. it was largest allocation in my portfolio because I knew the value of CRAMS business

5/n

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sexnotgender.info
@Sexnotgender_

Hi @EdinburghUni @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The DIVERSITY INFORMATION section in yr job application mentions 'legal equality duties'. You then ask "What is your gender identity?" with options

Female
Male
Non-binary
Not-listed
Other

1/13

'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

2/13

Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology - 'non-binary' and 'other' are not valid options.

https://t.co/CEJ0gkr6nF

'Gender identity' is not a synonym for sex.

3/13

You then ask "Does your gender identity match your sex registered at birth?"

4/13

Again, 'gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

5/13

Tad Strange
@bread157

@DawgLaser @GravelInstitute Rush Hudson Limbaugh III (/ˈlɪmbɔː/ LIM-baw; January 12, 1951 – February 17, 2021) was an American radio personality, conservative political commentator, author, and television show host.

Lauren Thoman
@LaurenThoman

I should mention, this is why I keep talking about this. Because I know so many people who legally CAN'T.

How do I know they have NDAs, if they can't talk legally about them? Because they trusted me with their secrets... after I said something. That's how they knew I was safe.

And if the environment at the org was toxic or abusive, it is not uncommon to not realize the extent of that toxicity/abuse until after you're out. But by the time you realize that you signed under duress and presumed good faith where none existed, you're out of options.
— Lauren Thoman (@LaurenThoman) February 16, 2021

Some of the people who have reached out to me privately have been sitting with the pain of what happened to them and the regret that they signed for YEARS. But at the time, it didn't seem like they had any other option BUT to sign.

I do not blame *anyone* for signing an NDA, especially when it's attached to a financial lifeline. When you feel like your family's wellbeing is at stake, you'll do anything -- even sign away your own voice -- to provide for them. That's not a "choice"; that's survival.

And yes, many of the people whose stories I now know were pressured into signing an NDA by my husband's ex-employer. Some of whom I *never* would have guessed. People I thought "left well." Turns out, they've just been *very* good at abiding by the terms of their NDA.

(And others who have reached out had similar experiences with other Christian orgs. Turns out abuse, and the use of NDAs to cover up that abuse, is rampant in a LOT of places.)

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Alwars have dedicated their lives towards Lord Sriman Narayana and they led their life by praising Him.

These Alwars were born in various parts of our country but they were all united in a common subject, ie dedicating their lives and praising the Lord.

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Thirumangai Alwar was a great king and later, changed his life to work for the Perumal and for his bhaktaas.

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How to sell option?
Here let me explain through simple math.
Say BN at 30000
30000 straddle trading at combine premium 800 ( based on current volatility)
Put at 400
Call at 400
You don’t know direction. Sold both.

If move will not come than both will decrease gradually.

At day end it will come down to 720-740 if move will not come. Difference is your profit.

Now case 2:
Move started.
At one points combine premium will start increasing.
Say 810.
Exit immediately. No need to do adjustment.
Let market settle.

Sell again straddle once market settle.
Now repeat same thing.

Straddle selling webinar over.
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One can keep SL 550 for both strike to escape from sudden movement.

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Joey Tawadrous 🇮🇪...
@joeytawadrous

1) Core attributes of a promising founder worth following:
- Progress/trajectory over time
- How well they lead a team &
- Make the vision happen
- Most impressed when someone is way ahead of where you thought they would be when you check up/see them a few months later.

2) Indie Makers have such a benefit of being small, fast, nimble workers in comparison to big companies.

We can easily pivot and vastly change a project of ours. We can change as we learn more about our users.

Big companies can take months/years for even the smallest of pivots.

3) Before you find a product market you can pivot your project as many times as necessary until you find something that works.

Then you only have one thing to do: scale, scale, scale.

4) Be obsessed with the little details.
- listen to every single person who uses your product
- reply to every single person who emails you about your product
- ask them what they like and do not like
- iterate your product, make changes, pivot if necessary

5) Paul Graham's (@paulg) name came up with a feeling of great admiration! Naturally! It was Paul who said:

In the early stages of a company just;
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Nothing else.

Robbie Andrew
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I doubt there are many outside of Norway that know that the Norwegian pop group A-ha was critical in the introduction of electric car incentives in Norway. I certainly didn't. Read on...

In 1989, two members of the group, Morten Harket and Magne Furuholmen were in Switzerland with environmentalist Frederic Hauge, when they came across a hobby-converted Fiat Panda. Stated range: 45 km. They snapped it up and imported it to Norway.

Photo: In Switzerland (Bellona)

On arrival in Norway, the regs didn't accommodate the registration of electric cars so it couldn't legally be driven on the road. Since it had a propane-fuelled heater, just like a motorhome, they registered it as a motorhome.

Moreover, in contrast to petrol cars, diesel cars paid registration fees based on how far they were driven, and our heroes thought this should also apply to electric cars. So the two-seater Swiss-converted Fiat Panda was registered as a diesel motorhome in Norway.

They managed (somehow) to avoid paying the one-off registration fee in 1990, and ever since then electric cars have been exempted this now-substantial fee.
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Greg Olear
@gregolear

Strange things are afoot at the Circle K. Let’s sort it out.

[THREAD]

1/ Two nights ago, Rupert Murdoch called on Mitch McConnell, after hours. Since then, two Fox News-related Twitter accounts have not tweeted.

2/ Trump fired Sessions on Wednesday, replacing him with human dildo/Putin collaborator Matt Whitaker. Sessions had asked to stay until Friday and was told to leave immediately. So there was clearly some urgency to install the dildo...er, puppet.

3/ The Democrats won the SHIT out of the Midterms. Come January, the House check on Trump will leave him so hobbled, he’ll be like the dude from Misery.

4/ Trump went to Paris, ostensibly for an Armistice Day centennial event. He skipped the event, and much of the dinner tonight, because of “weather,” which everyone seems to agree is a bullshit excuse.