BC LAW
Saved by @Jacobtldr

Here we go. The Judge is rendering her decision on the "Cancelling Christmas" case.

 Judge making important note that they are seeking an interlocutory order - a quick and temporary decision on the issues pending full consideration by the court at a later date.
Think of it as "let's put out the fires first before we sit down to talk about how this fire started."
Judge says first step of granting interlocutory order - whether there is a serious issue to be tried - is satisfied. Nothing strange here - judge's analysis on this is sound.
Judge addressing evidence presented by applicants in support of the claim that their Charter rights have been infringed. Lots of lawyer stuff but gist is this is trending towards accepting some of the evidence because we are dealing with burning houses here.
Let's just pause a minute here to recognize and applaud Justice Kirker. Tough job to assess all that was said this morning and produce a decision in a few hours. This stuff matters regardless of where you stand on the issues. Carry on.
Another sidenote: It is interesting that those who have argued that @CMOH_Alberta is not an independent decision-maker under Alberta law are now suing her as an independent decision-maker under Alberta law.
Second part of the test - this one looks at whether the applicants will suffer "irreparable harm" if the judge does not grant the interlocutory order. Put simply, if we don't put out the fire, will the applicants lose things they can never get back?
Irreparable harm not made out for most of the claims. More later.
Next, balance of convenience test. This is basically where public interest is factored in. This is the key part. Court considers whether there will be harm to public interests if the order is granted. This is where "our" interests are considered.
This is a tough one for the applicants to meet. If the government's orders serve the public good, the court will uphold it.
The Judge is repping @CMOH_Alberta now and is interpreting s. 29!
@Lorian_H - we have a judicial reading of s. 29 and we are right!!!!!
Judge says @CMOH_Alberta has broad authority to issue orders re s. 29. Eat that, advisory people.
Okay, back to issues at hand - Judge dismisses attempt to undermine @CMOH_Alberta's clear statutory authority to deal with a pandemic.
We are on the home stretch now. Public good is going to prevail. As it should.
Injunction schmunjunction. DISMISSED. byE

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How about a brief refresher on federal bail, since everyone's got opinions on it this week? Yes?

Okay, here we go. In federal criminal cases, bail is governed by the Bail Reform

/2 Under the Bail Reform Act, a defendant MUST BE RELEASED ON BAIL unless the judicial officer (usually a federal magistrate judge) finds that no condition or combination of conditions will reasonably assure (1) them appearing for trial or (2) the safety of the community.

/3 It's the burden of the government -- the federal prosecutor - to PROVE by CLEAR AND CONVINCING EVIDENCE that the danger element applies, and no conditions can reasonably control it, if the government wants someone detained without bail. Preponderance burden for flight risk.

/4 HOWEVER there are certain statutory categories of crimes where there is a rebuttable presumption that no conditions will prevent flight or danger -- in other words, for those crimes, the burden shifts to the defendant.

/5 The Federal Rules of Evidence don't govern detention hearings and they can and do proceed by "proffer" -- that is, the government saying what they will prove if necessary.
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Derek T. Muller
Derek T. Muller
@derektmuller
1/ I want to briefly tease out Cruz's statement, which will help set expectations about what might happen January 6:

2/ At its heart, the presser states, "we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given' and ‘lawfully certified' (the statutory requisite), unless & until that emergency 10-day audit is completed."

3/ How does a10-day emergency audit happen? Congress would need to enact a statute to amend the Electoral Count Act before January 6, when it's compelled by law to meet. That seems unlikely.

4/ Cruz et al. seem to hold a "thick" view of the Electoral Count Act, adhering to the "statutory requisite," which means that Congress would need to amend or adhere to the statute.

5/ A 10-day audit is impossible under the current statute. Objections to a state are limited to 2 hours' debate. Adjournments are fixed in the statute, too--no recess if you've hit five days:
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Zoe Tillman
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A hearing is underway now in the case of Richard Barnett, one of the Capitol insurrection defs (photographed at Pelosi's desk) — the govt is challenging an Arkansas magistrate judge's release order. Chief Judge Beryl Howell in DC halted his release until she rules on the matter

Prosecutor Mary Dohrmann begins by arguing Barnett flouted laws "in the most brazen and flagrant manner possible" when he breached the Capitol: "He knew exactly what he was doing."

Prosecutor says the note that Barnett left for Pelosi in her office — "Nancy, Bigo was here you bitch" — was "disturbing" and says the photographs of him sitting at Pelosi's desk show that he appears to "relish" the notoriety

Govt says Barnett doesn't have a criminal record, but notes police reports where a caller lodged a complaint that he'd pointed a rifle at a car with a "Black Lives Matter" sticker and, in a separate incident, was carrying around guns in public
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BTC Kershinaut
BTC Kershinaut
@btckershi
Today someone showed me an INCREDIBLE piece of evidence that #CraigWright is Satoshi.

This image, sourced from metanet-icu was shared with me.

It appears to be one of Satoshi’s earliest emails to Hal Finney, screen grabbed by Craig when he wrote it.


But, on closer inspection all is not as it seems.

This email was made public by journalist and can be found in a pdf of lots of emails from Satoshi to Hal Finney spanning 10-24 Jan 2009.

I’m not making any claim whether these are or are not

But, the most glaring and immediate problem with the metanet-icu screenshot of the draft email is in the top right hand corner of the image, where the user’s membership expires on 13th of March 2019.


Anonymousspeech is a paid service. The web archive of their product page shows that going back to the earliest snapshots they have never offered a package that lasts more than 2 years.

So the earliest this screenshot could have been made was March

But there’s something else strange about this image as well, and that’s down in the bottom left hand corner.

Anonymousspeech allows a maximum of 50000 characters in an email and has a counter of spare chars at the bottom.

This email has 48932 chars left.
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Bar & Bench
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@barandbench
Delhi High Court begins hearing plea concerning #COVID19 situation in the national capital.

Hearing before Justices Vipin Sanghi and Rekha Palli.

#OxygenCrisis #OxygenShortage

@CMODelhi @MoHFW_INDIA


Any orders passed by the Supreme Court: Court

It is listed today. As of now I have no instructions: ASG Chetan Sharma

It will be taken up once item 301 is over : Counsel

We will proceed. Did the meeting take place : Court

Yes, it did. Mr Mehra is appearing before Surpreme Court: Adv Satyakam urges Court to take up the matter little later.

Maharaja Agrasen Hospital, adv Alok Aggarwal: We have ICU beds and emergency beds. We don't charge emergency patients for oxygen. There is a notice to Hospitals saying we have to attend to all emergency patients within 10 mins and give them oxygen and medicines.

There is no one who is able to tell us there are people supposed to go if we can't admit them. We are full. They can't keep on occupying emergency area.. I can't kill a person because I've to admit another patient : Aggarwal
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