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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.

 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

More from Akiva Cohen

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
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
POLITICS
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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
Akiva Cohen
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
ALL
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

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Mike Dunford
Mike Dunford
@questauthority
Nonlawyer Explainer Thread: On Keeping One's Mouth Shut

It occurs to me that certain private-jet-flying seditionists who continue to yammer on Twitter about their DC excursions provide us with the opportunity to do a little hypo to explore the benefits of silence.

So let's explore what a hypothetical law enforcement interview *might* look like in this situation. I'm not - I want to make clear - drawing from experience as a lawyer here.

I AM NOT A CRIMINAL LAW ATTORNEY.

Instead, I'm mostly drawing from discussions with my father-in-law.

My father in law is a now-retired homicide cop, and we've had a lot of discussions (especially since I started law school) about criminals and interviews over the years.

So with that in mind, let's look at this hypo.

ALSO - Simplifying for Twitter character counts.

*Knock*
*Door opens*
Agent: Ms [Name]? I'm Agent Smith, and this is Agent Jones. We're with Agency. We'd like to talk to you if you've got a minute.

Ms X: Oh? Is this about that thing at the Capitol?

[Yes, it seems insane but if you're worried about something specific and the cops show up, blurting out something like that is totally a thing that can happen.]
FOR LATER READ
satoshi0x
satoshi0x
@MasterGrimaldi
Would anyone like to admit why he cc'd himself in an email Wei Dai would see at ibiblio's host address? I have a few ideas.


was the .ae ccTLD a nod to Tim Berners-Lee/registries that issue top level country code domains? Is that why Tel Aviv is a place I commonly find OTC/Bitcoin related companies and DAC/dev protocols and operations based? Why UAE/Israel have opened commerce bilaterally in 2020?

Bitcoin is worldwide P2P software and growing into a network of the same ilk, what it can send without interference we can't even grasp yet. Even if you don't like another person, or their religious beliefs, bitcoin doesn't care. I lived through 9/11, my friends died in war.

But even I don't want Bitcoin just for the people I am more likely to have similarities too. And in working with the @_Devcoin guys for a few years now, officially since 2020 - I realized people from all spots on this globe and I share much more in common than everyday Americans.

And I haven't turned my back or spurned Americans either. I'm just saying we need to change our mindset. We want things but we won't admit it takes a whole world to pull off what it is we seek. The media is to blame for this but I also think we're at the point for grownups to act
FOR LATER READ , ECONOMY
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John Cutler
John Cutler
@johncutlefish
"The engineers on my team just want to code. They don't want to have anything to do with product. They just want specs. What do I do?"

1/n Are you asking them do to X *and* do their "day job" as defined by their managers (and frankly your roadmap) ?

If so, start there...

2/n Do they have a reason to believe that doing X will in any way improve the quality of the product and make their lives easier? Have they ever seen X "work" ?

Show don't tell.

3/n Is there average day/week a quagmire of unnecessary meetings, wading through tech debt, struggling to get *anything* to work ... and jumping through process hoops to prove their worth?

If so...no they will not have bandwidth.

4/n How do incentives work on the engineering team? Maybe they want to help, but their "grade" is determined by something altogether different.

"I'd love to, but I am on the hook to deliver [some project] this quarter to make a good impression..."

Talk to eng management.

5/n Have they had any time to practice?

Or did they get thrown into the deep end the first time they were given a shot ... expected to brainstorm on demand, be as vocal as practiced PdMs and designers, and "participate" !

Make it safe to practice. Reasonable expectations.
FOR LATER READ , TECH
Oregon Prison Report
Oregon Prison Report
@ORprisonreport
Oregon Prison Report: Voices from the Inside

"The people that were suspected of organizing the hunger strike in April are currently in segregation under bullshit rule violations, being held illegally, having their outgoing mail seized, and are being refused their property...”


“...and yet still in segregation."

(Testimony from Critical Resistance PDX's (@CR_PDX) Write Them All Campaign)

Snake River Correctional Institution (SRCI) / November 17, 2020.

#ODOCKills #KateBrownKills #FreeThemAll

COVID-19

If you are reading this I'm probably in Segregation as we speak because the inmates aren't necessarily allowed to tell you this, a lot of my homies were transferred to a different prison or put in solitary confinement for saying what's been going on here.

Let me start off by saying that this prison is currently and will continue to be a Coronavirus hotspot. Almost for the past year it has been.

At the beginning of this pandemic, due to our childish president, this pandemic wasn't treated with the emergency, urgency, and caution it needed. As you know Snake River is almost 25 minutes away from Boise, Idaho (if you drive fast).
FOR LATER READ
Lyman Stone \u77f3\u4f86\u6c11
Lyman Stone 石來民...
@lymanstoneky
the strange reality of strict calvinism is that it makes a mockery of God's claims to hate, abhort, or even be theoretically opposed to evil

the calvinist solution to the problem of evil, which I have *literally heard from the lips of a faithful well-catechized Presbyterian* is, "well, all that happens is God's will, and to do His will is to manifest goodness, and goodness gives God joy, so God must rejoice in evil"

The hypothetical I gave was, "Suppose that there was a city of Christians, and a bomber flew over the city, and the guy at the controls tripped and accidentally armed and dropped a bomb, and wiped out the city: is that God's will? What does God think of that?"

His answer in addition to the above cited the Flood, Soddom, and Nineveh.

Because we all know that God's response to the Flood was, "I REALLY liked that, it was AWESOME, it satisfied my will and purposes to obliterate my creation!"

Once you have drunk the "but muh sovrintee" Kool-Aid you cannot escape the argument that literally everything that happens is not just God's will in some philosophical sense, but His will in the sense of "things that bring him pleasure."
FOR LATER READ

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PC🌎☮
@pc_432
Moderna CEO Stephane Bancel was previously CEO of bioMerieux in France from 07-10.

Alain Merieux, who owns bioMerieux, was instrumental in the creation of the Wuhan Institute of Virology P4 Lab.

The same people who helped create the virus, also helped to create the vaccines...


Moderna partnered with French Pasteur Institute in 2015 to develop mRNA vaccine technology.

Pasteur Institute partnered with the Wuhan P4 Laboratory in 2017 along with the Merieux Foundation to study emerging viruses...
https://t.co/yFsHwrNYaK
https://t.co/9M5lydBKhM


Nobel prize winning scientist Luc Montagnier asserts that Sars-Cov-2 is man-made and originated from the Wuhan Institute of Virology.

Montagnier did extensive work with the Pasteur Institute in France which was partnered with the Wuhan P4.

Merieux Foundation & the Chinese government have worked together since 1965, and partnered to study emerging pathogens in Africa in 2015.

Their research included "PATHOGENS CARRIED BY BATS" that provoke respiratory diseases.

🚨🚨🚨
https://t.co/gVwpT0ssqI
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Anu Satheesh \U0001f1ee\U0001f1f3
Anu Satheesh 🇮🇳...
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Mangottu Bhagavathi Temple
#Palakkad #Kerala
#keralatemples 🚩

Mangottu Bhagavathi Temple is situated in Athipotta near Alathur of palakkad district. Devi is kshipraprasadi here and grants relief to those who worship with full faith.
Mookken Chathen, situated on the Northern 👇


side of the temple, is guarding Devi here.
Story says that, once there lived a weaver named Kuttan who was a Devi Bhaktan. During one festival time Kuttan was so pleased by the Devi Vigraham that he requested her to come along with him. At that time wind blew heavily and Cloths


in Vigraham flew. Kuttan immediately decorated Devi with his cloth which stuck to Vigraham and returned to his village and with his Umbrella. Devi came with him in that Umbrella and stayed in his place. This place is Mangottu Bhagavathi temple now.

Amme Narayana
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UN Watch
UN Watch
@UNWatch
The UN just voted to condemn Israel 9 times, and the rest of the world 0.

View the resolutions and voting results here:

The resolution titled "The occupied Syrian Golan," which condemns Israel for "repressive measures" against Syrian citizens in the Golan Heights, was adopted by a vote of 151 - 2 - 14.

Israel and the U.S. voted 'No' https://t.co/HoO7oz0dwr


The resolution titled "Israeli practices affecting the human rights of the Palestinian people..." was adopted by a vote of 153 - 6 - 9.

Australia, Canada, Israel, Marshall Islands, Micronesia, and the U.S. voted 'No' https://t.co/1Ntpi7Vqab


The resolution titled "Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan" was adopted by a vote of 153 – 5 – 10.

Canada, Israel, Marshall Islands, Micronesia, and the U.S. voted 'No'
https://t.co/REumYgyRuF


The resolution titled "Applicability of the Geneva Convention... to the
Occupied Palestinian Territory..." was adopted by a vote of 154 - 5 - 8.

Canada, Israel, Marshall Islands, Micronesia, and the U.S. voted 'No'
https://t.co/xDAeS9K1kW
SOCIETY
Panic! in the Discord
Panic! in the Discord
@discord__panic
Neo-nazi group #PatriotFront held a photo op in #Chicago last weekend & is currently marching around #DC so it's as good time as any to compile a list of their identified members for folks to watch for

Who are these chuds?

Patriot Front broke away from white nationalist org Vanguard America following #unitetheright in #charlottesville after James Alex Fields was seen with a VA shield before driving his car into a crowd, murdering Heather Heyer & injuring dozens of others

Syed Robbie Javid a.k.a. Sayed Robbie Javid or Robbie Javid of Alexandria,


Antoine Bernard Renard (a.k.a. “Charlemagne MD” on Discord) from Rockville, MD.

https://t.co/ykEjdZFDi6


Brandon Troy Higgs, 25, from Reisterstown,
EXTREMISM
STEALTH JEFF
STEALTH JEFF
@drawandstrike
Ok I was wrong about theHouse. 2 years of legislative gridlock = not fun. Few bills passing.

Control of the House is useless when it comes to keeping Trump from declassifying all the SpyGate docs. Or stopping an Inspector General from releasing a report.

Trump still gets control of judicial appointments so we can expect another 100 judges over the next two years. This time there’ll be no McCain or Flake playing the Maverick role with their swing vote.

That new margin in the Senate is huge if another Supreme Court seat comes open.

So from the responses I’m getting, people seem to think if Trump declassifies the Spygate stuff now, nothing happens.

Are you under the impression federal prosecutors have to wait until CONGRESS finishes an investigation and makes criminal referrals before the DOJ can act?

There’s a federal grand jury on McCabe right now. Did Congress ever finish it’s investigation and make a referral to the DOJ against him?

No.

BUT INSPECTOR GENERAL HOROWITZ DID. On finishing his McCabe leak report.

Funny how nobody remembers that.
POLITICS