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Akiva Cohen
@AkivaMCohen 5 years, 8 months ago 859 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

Goddamn it, Texas, I don't have time for this today.

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).

OK. Texas filed a motion for leave to file a complaint against PA, GA, MI and WI in the Supreme Court. Someone else can lawsplain to you how that works, or you can google the highlighted rules, but briefly, this is a thing they can theoretically do

There is a MASSIVE contradiction at the heart of this complaint, and its doomed for other reasons, too (standing, laches, abstention)

They have three theories for why they can sue:
1) Violation of the Electors Clause of the Constitution ("the Constitution gives state legislatures exclusive control of the manner of selecting electors and judicial action can't change it)
2) "Counties applied different rules"

And 3) "you didn't have as strict voter ID requirements as we'd like, and that's unconstitutional for reasons"

That's it. That's the case

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

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Akiva Cohen
@AkivaMCohen

So Dominion sued Rudy for defamation. How are they ever going to allege actual malice?

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

Akiva Cohen
@AkivaMCohen

Seriously people. Executive orders mean exactly nothing to what Trump legally can or can't do to fuck with the election results (which is zero). Stop letting idiots make you crazy

There are two very simple, very basic reasons executive orders are meaningless here. Understand them, please

1) the president cannot issue an executive order that grants himself a power he does not already have. For example, the president could not issue an executive order saying that from now on he can make laws they don't need to pass Congress

(I mean, he could sign an executive order saying that, but it wouldn't have any legal effect)

2) the president can issue executive orders at any time.

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Flt Lt Anoop Verma (Re...
@FltLtAnoopVerma

6th SUNDAY SPECIAL #ShoutOut

Hard Core Right Wingers

Step 1-Retweet ALL Lists

Step 2-Follow ALL 289 Handles in ALL 17 Lists

Step 3-Honestly FOLLOW BACK the ONEs who follow u

Earlier Lists welcome for Multiplying

सब जुड़ जाओ, एक हो जाओ

RW को फ़ौलाद💪बना दो

#HinduEcosystem

List 1

@FltLtAnoopVerma
@mickeyanoop
@Bharatiyasatyam
@ModIfiedAksHIT
@AshishMakhijani
@AbePappi
@Neh_hope_faith
@VenkateshBung
@IndianSarthak01
@iMuditJain
@ShravanBJYM
@DrxPragya
@isinghDeepanshu
@suyashdeep
@SuyashJ09
@TusharKant_Naik
@arunkdimpu
@Coachketang

#HinduEcosystem

List 2

@thisissAnjaliG
@Naiktanmay111
@NikhilChelsea12
@IvaSaina
@neil_sane
@aarti162004
@AppamWidUndhiyu
@The_NitinD
@Nitin_vn46
@NikhilBhamre8
@C_JackMH26
@SimzAU
@Impregnable007
@Manika_0315
@BhatiaCrish
@LibtardsKaDoc
@Horse_stable13
@oldschoolmonk1
@Anu_2208
#HinduEcosystem

List 3

@Aartitva
@TraderChirag
@ibonthewayindia
@RubishRaja
@NidarAryan
@doubtfulLucifer
@pandey_kill_bil
@PrathamShashank
@SanataniMarwadi
@DubeyYash1911
@bayonetwarrior
@satyamev21
@parasadukia
@Sanghi_wrath
@hritwik_paul
@just_bhakt
@ss_aarthi
@JRamlingam

#HinduEcosystem

List 4

@UshaNirmala
@Ajusan123
@Nayak1812
@Ayush_Shah_25
@shakti050
@kunaljain_19
@HashtagAviral
@abhi_rocks1004
@sanghini_
@GouriBhide
@KhamanDhokIa
@Shreyas54125712
@Shreya1176
@shubham_ag7
@proudsanghii
@sanghialien
@_Sanghi_Saffron
@saffronpride_
@BHARTIYFOJI
#HinduEcosystem

Not Chris Nandor
@pudge_nandor

From @jack:

Starting now, we are changing the way we do things at Twitter. Even though we have been following policies we created, that we thought were good and necessary, it just hasn’t had the desired effect of promoting good discourse. Effective immediately, we are changing.

The basic principle that now guides us is that instead of trying to manipulate discourse, we are opening it up, and making ourselves more transparent and accountable, and resisting attempts at censorship of us or our users.

Further, we have been fundamentally operating under the false premise that we, our our news and fact-checking partners, are smarter or better at understanding information than you, our users, are. This is a vain fiction, and we will drop this pretense.

We have long known that we are not just another social media site, but the place where citizens, governments, and organizations communicate with each other, for essential purposes. We have a great responsibility to the public to be open. So, we change to improve.

First: we will no longer proactively delete any content, except for: private information harming a person other than who posted it (e.g. doxxing, revenge porn, etc.), and any content we are legally required to remove.

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$Dani\xeblle Stotijn$

Daniëlle Stotijn
@DDay35962863

If it doesn,t make sense...
something else is going on.....

#xrp
#xrpcommmunity

Expand your thinking

This thread is updated and can be approached from multiple perspectives.
That is how big Platform 2020 is
#TheGreatAwakeningWorldwide

Connect the dotes

$Jack Tavassoly-Marsh \U0001f30f$

Jack Tavassoly-Marsh 🌏...
@JTavassolyMarsh

Lot of chat about instructional coaching. To get it right, don't underestimate the time it takes!

- There has to be a shared vision for effective T&L from the coaches. Keep revisiting this and keep unpicking all the elements so they are able to break them down and explain them.

We used the Evidence Review by @ProfCoe to create some effective teaching habits, using a lot of TLAC techniques and work from @every_lesson. Knowledge and expertise and ability to break this down is vital.

Lots of time then required with coaches to look at lessons and look at highest leverage point. In one training session our coaching team picked out over 30 tweaks in a 5 minute video. Where do you start? Why there? Consistency key. Leads to great debate.

Time needs to be built in. Time for visits, time for coaching sessions, time to practice. SLT need to all understand the process and buy-in and all live it. Putting staff development first is truly exciting and hugely powerful if actioned in the way it is desired.

Teachers/coaches need to have the process modelled for them. Staff need to understand the why behind IC, not just what it is. Worth talking through research on teacher's habitual practice from @mikehobbiss and @DrSamSims.

Par!x!t
@parixit111

A name has caught the radar of agencies investigating #GretaToolkit- FRIEDRICH PIETER. Delhi Police expressed shock over the appearance of Pieter's name as "Who to Follow" in g-doc as he is under cops' scanner since 2006 for his Anti-India activities. Some shocking details..
1/9

Pieter is close associate (read hired by) Bhajan Singh Bhindar, founder of OFMI (Org for Minorities of India) that considers itself an anti-Gandhi 'crusader' & is Pro-Khalistan. They also campaigned to free Bhullar (convicted Khalistani terr0r!st) & lobby against Modi in US.
2/9

Bhinder has alleged connection with ISI & had records of owning inter-state drugs cartel & DVD piracy for terr0r funding. They also took control Fremont Gurudwara, US back in 2003 for millions of donation. Details of this 'Info-War' by @DisinfoLab
https://t.co/oIDFSoaDX2
3/9

Back to Pieter. Take a glance at his work. His TL is filled with anti-BJP/RSS/Modi propaganda. From his speeches to articles, everything have few keywords in common- RSS/Fascism/gen0c!de/k!ll!ing/Kashmir/Hindutva, as if running a non-stop unrest in India is his bread & butter
4/9

He picks every topic with an extreme narrative that potentially hurts integrity of nation, be it Kashmir,CAA,1984 & with his recent projects- Farmer protest & campaigning heavily against Sri Kulkarni. Despite all, Kulkarni appointed as Chief of Ext Affairs at Biden admin.
5/9

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“Why do people care about stablecoins then?”

A mix of “they encourage dollar-denominated liquidity in the cryptocurrency ecosystem and discourage withdrawal of the same” and “they’re good for money laundering.”

“But they make value transfer between exchanges much faster!”

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1/“What would need to be true for you to….X”

Why is this the most powerful question you can ask when attempting to reach an agreement with another human being or organization?

A thread, co-written by @deanmbrody:

Next level tactic when closing a sale, candidate, or investment:

Ask: \u201cWhat needs to be true for you to be all in?\u201d

You'll usually get an explicit answer that you might not get otherwise. It also holds them accountable once the thing they need becomes true.
— Erik Torenberg (@eriktorenberg) February 27, 2018

2/ First, “X” could be lots of things. Examples: What would need to be true for you to

- “Feel it's in our best interest for me to be CMO"
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3/ Normally, we aren’t that direct. Example from startup/VC land:

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Worse over, the founders don’t know what they need to do in order to be fundable.

4/ So why should you ask the magic Q?

To get clarity.

You want to know where you stand, and what it takes to get what you want in a way that also gets them what they want.

It also holds them (mentally) accountable once the thing they need becomes true.

5/ Staying in the context of soliciting investors, the question is “what would need to be true for you to want to invest (or partner with us on this journey, etc)?”

Multiple responses to this question are likely to deliver a positive result.