I AM NOT A CRIMINAL LAW ATTORNEY.
Instead, I'm mostly drawing from discussions with my father-in-law.
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.
I AM NOT A CRIMINAL LAW ATTORNEY.
Instead, I'm mostly drawing from discussions with my father-in-law.
So with that in mind, let's look at this hypo.
*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.
[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.]
[Note: The agents will have seen ALL of her social media and they know she's seen it, but will not be above implying otherwise.]
[Note: Deliberately implying that they think the whole thing is nonsense that they want to get rid of and that they're completely sympathetic to her.]
Ms X: I don't know if this is something I should be talking to you about. Should I have my lawyer here for this?
[Note: Yes, they can say that.]
Agent Smith: Honestly, ma'am, like I said we're mostly down here because our boss kinda has a stick up-- I mean, he just doesn't really like it if we close something without talking to you. And we don't want to inconvenience you.
Agent Smith: We can always arrange to do this downtown later on if you want. I mean, I don't really think we need to do that, and I was really hoping to get this wrapped up today so I can get back to some of my other cases that involve, y'know, crimes.
Agent Smith: I mean I can't promise anything, of course - the boss will need to see that we checked the boxes and all that, but I'll certainly do my best. And this seems pretty clear-cut to me, so this shouldn't take long.
Agent Smith: Thanks.
*sitting down, possibly refreshments, possibly touring house in process*
Ms X: We were pretty excited about that.
I'm going to close this here, because hopefully the basic point is clear: it's not that hard for someone who sounds sympathetic to get someone to talk.
That means they don't have to read the Miranda warning.
With something like this, where her social media shows that she has no conception she was in the wrong, I think there's a very good chance that would work.
"I'm not going to talk to you without my lawyer."
Don't fall for it.
Stay silent. Get a lawyer.
@HaygoodLaw
@LutherEvers
@greg_doucette
@ASFleischman
Are better positioned to answer than me.
https://t.co/BJDlnjMSuE
How is that done? I don't have a criminal defense lawyer on speed dial.
— jack_dahlgren (@jack_dahlgren) January 8, 2021
More from Mike Dunford
This is an excellent question, and it's something that I've thought about some over the last couple of months.
Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.
The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.
That happened this year, and the majority of those challenges were heard on the merits.
The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.
The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.
The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.
Those are cases where laches is clear - particularly the prejudice element.
Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.
Any merit to the notion that the rationales for some of these rulings will harm progressive challenges in future elections?
— Andrew Broering (@AndrewBroering) January 3, 2021
One says laches, another moot, another standing, sometimes with almost the same type of plaintiff.
The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.
That happened this year, and the majority of those challenges were heard on the merits.
The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.
The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.
The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.
Those are cases where laches is clear - particularly the prejudice element.
I went over the dismissal on my stream, but a few thoughts on where things are at:
1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.
3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.
5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.
7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.
So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.
1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.
And the appeal has been noticed. pic.twitter.com/o4g4ES1wrU
— Kyle Cheney (@kyledcheney) January 2, 2021
3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.
5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.
7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.
So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.
More from For later read
Moderna's mRNA-1273 & Pfizer's BNT162b2 consist of mRNA 3821 nucleotides long encoding *all* 1273 amino acids of the Spike including a 2 Proline-stabilized RBD. This is a plain English Description of the code:
https://t.co/w7koHyMJjL
The article mentions a “10 nucleotide linker” (GCAUAUGACU) in the poly-A tail. This is described in the patent link below (Modification of RNA, producing an increased transcript stability and translation
Here is a link to the full mRNA code if you wish to download it, blast it or make up a batch in your garage
An overview of the encoded spike
Initial mouse
https://t.co/w7koHyMJjL
The article mentions a “10 nucleotide linker” (GCAUAUGACU) in the poly-A tail. This is described in the patent link below (Modification of RNA, producing an increased transcript stability and translation
Here is a link to the full mRNA code if you wish to download it, blast it or make up a batch in your garage
The mRNA sequences used for Moderna mRNA-1273 & Pfizer BNT162b2 mRNA vaccines for COVID-19 (Direct link in Word Format). WHO International Nonproprietary Name Program # 11889 "Messenger RNA encoding the full-length SARS-CoV-2 spike glycoprotein"https://t.co/zTb7B0Apic pic.twitter.com/8tZxAZWI5S
— Roland Baker (@RolandBakerIII) December 24, 2020
An overview of the encoded spike
Moderna's mRNA-1273 & Pfizer's BNT162b2 consist of mRNA 3821 nucleotides long encoding *all* 1273 amino acids of the Spike including a 2 Proline-stabilized RBD and this includes the NTD (blue in monomer, dark gray in trimer attached to antibodies). AA 64, 66, 187, 213, 214 red. pic.twitter.com/4MX1ByAsrR
— Roland Baker (@RolandBakerIII) December 19, 2020
Initial mouse
News: NIH-Moderna investigational COVID-19 vaccine shows promise in mouse studies https://t.co/7JYuUyZT45
— NIH (@NIH) August 5, 2020
