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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).
OK, so the State Legislatures weren't plaintiffs. They were Defendants, right? 'Cause, you know, the claim is that the legislatures didn't do what they were required to do?

Again
Let's gloss over the fact that they've joined a whole bunch of independent defendants, sued for independent wrongs, in a single case ....
For those who don't know, you ... uh ... can't do that. If I steal your car, and someone in Wisconsin empties your bank account, you can't sue us both in one case just because we both stole from you; unless it's a conspiracy & we're working together, you need separate suits
But sweet glory, they ALSO named the Electoral College as a Defendant, an "entity" that, with apologies to @scottlynch78, is entirely fictional.
That's like filing a lawsuit against "chemotherapy" or "the foreign policy establishment". As I said last night, pity the poor process server who was handed a summons and told "ok, go serve this on the Electoral College"
On the plus side, they DID make up a physical address for "Defendant Electoral College" - it's the US Capitol Building, where (unless I'm wrong and the DC electors use it) exactly NONE of the temporary members of the Electoral College even meet to vote
They also sued a raft of individual defendants from the various states "in their official capacity" - except Brian Kemp, who was sued in his "original" capacity - meaning that they all have 11th Amendment immunity from being sued
Or, well, they would, if the case ever got to the point where immunity is relevant, which it won't because ...
They sued these defendants in the US District Court for the District of Columbia, where basically none of the defendants reside or do business (except for Mike Pence and Congress, who, OF COURSE, were also named as defendants because when you're this crazy, why not?)
This is a slight problem due to the little-discussed topic of personal jurisdiction, which only a hundred thousand or so cases have addressed, which basically says "no, asshole, you can't sue Ginny Welch of Minnetonka in a court in New York. We have no power over her"
There are exceptions to that rule, of course - we're lawyers, after all, and bright-line, easily followed rules without exceptions would put us out of business - but none of them apply here, and the plaintiffs don't even bother arguing that they do.

More from Akiva Cohen

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
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


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
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
Akiva Cohen
Akiva Cohen
@AkivaMCohen
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason


First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here


There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"

In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past

I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
JUDGE
Akiva Cohen
Akiva Cohen
@AkivaMCohen
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

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
FOR LATER READ

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Tony Stark \U0001f9ec\U0001f1f9\U0001f1e9
Tony Stark 🧬🇹🇩...
@HighInteIlect
The Supremacy Of The Shari’a- A Thread 🧵

The Shari'a Law has been a subject of inequitable prejudice for a long time, which we already know is false & illogical.

However, as long as such claims are being made- we will have to falsify 'em.😏

Let's debunk all the myths.

Harvard Economists point out how eradication of poverty in secular states is one of the pressing issues academics face.

In fact, around a billion people live in extreme poverty conditions under the notion of secularism.

https://t.co/gVp2jRtjqU

https://t.co/oZELY0BFrd


Contrary to secularism-Islam was extremely triumphant in this regard.

The Shari'a states successfully eradicated poverty by creation of a welfare society & the institutionalization of obligatory charity.
https://t.co/5xpQkQ6ZQb
https://t.co/KH1sl1omB5
https://t.co/38ak5CUK1L


A logical outcome of 0% poverty is 0% crime rates, as criminologists point out.

This can be explained by the theory of Synnomie, which explains 0% crime rates & ideal social order under the Shari'a.

https://t.co/QwtLB6xEFW
https://t.co/HskBa5qy4P
https://t.co/mklS6BIOL0
LAW
Alexandra Erin the Meadow We Can Build a Snowman
Alexandra Erin the Mea...
@AlexandraErin
I'm slightly obsessed with this "#PenceCard" nonsense which is like the Platonic ideal of the current level of Trump election stealing conspiracy theory nonsense.

Here's a thing about the United States: the vice president famously *does nothing*. By design. The job is not like the vice president of marketing or whatever where the guy has a job. Mike Pence is the spare president. He's there in case anything happens to the first one.

In the original formulation under the constitution, the vice president was the runner-up of the presidential race. Nobody ran for it. There was no assumption that it would be an ally of the president; more likely they would be rivals.

They're officially "president of the senate" just to give them something to do to keep them around the capital but they're not a senator and only get to vote if there's a tie, so most of the time that ceremonial role is fobbed off an actual senator.

But this senate presidency that we give the vice president currently has attached to it some purely ceremonial duties in the very perfunctory part of the election process where votes are counted and reported to Congress.
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Gorey Details
Gorey Details
@GoreyDetails
This will be a thread containing the more sensitive information @LLinWood tweeted tonight.
LAW
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.
LAW
LGB Alliance
LGB Alliance
@ALLIANCELGB
We are live tweeting from the preliminary hearing of the Employment Tribunal case in which #AllisonBailey is suing Stonewall and Garden Court chambers.


The judge has ruled that for this hearing only, the names should remain redacted.

It is a Rule 50 Order. These particular individuals are members of Stonewall’s Trans Advisory Group and their names may well be known elsewhere. What is relevant is the messages from the group to Garden Court.

The judge states she would not make the same decision at the full hearing. This is only for the preliminary hearing.

Having dealt with the anonymity issue we now move to the main submissions in the case.
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SK
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#DoYouKnow -The place where
Lalitha Sahasranamam -1000 names of Devi originated.

It is in Lalithambigai temple -Thirumeeyachur,Near Mayiladuthurai,TN

There is a Legend #story & it is related to this beautiful #sculpture of Kshetrapuraneswarar & Ambal Lalithambigai #Thread 👇


#Legend #story
It is believed that this is birth place of Kashyapa Maharishi’s sons, Arunan& Garudan. Arunan(charioteer of Surya)was physically handicapped.He was a Shiva devotee.Arunan wanted to visit Kailash to have Shiva Darshan,but Surya Dev denied permission.

So Arunan disguised as a girl & was on his way to Kailash.On the way Surya Dev saw this girl & outraged her modesty.Shiva was very angry with Suryan for misbehaviour & cursed him to get darkened. Whole world plunged into darkness.Surya Dev pleaded to Bhagwan Shiv to forgive him.

Shiva Bhagwan asked him to go to Thirumiyachur & worship him there. As advised, Surya Dev performed rigorous penance, placed murthi of Shiva& Parvathy on an elephant & took them to the clouds.Shiva in this temple is known as Meganathaswamy,Devi is known as Lalithambigai


Even after severe penance,Shiva does appear,so Surya Dev cries out in agony.Disturbed by his call, Parvathy protests.Siva pacifies her & offers relief to Surya Dev.The sculpture of Shiva pacifying Ambal shows her sullen from one angle &smiling from another.
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Today is Jayanti of Ahilyabai Holkar

She was a widow who became Malwa's greatest queen. Defended our country & personally led armies into battle.Never plundered anyone. Developed Malwa into a prosperous kingdom. Rebuilt temples destroyed by Mughals. Built Dharmashalas at Tirthas


Unfortunately, her memory has been blemished by inaccurate representations in modern popular media.

The serial "Punyashlok Ahilyabai" depicts her as ultra secularist feminazi icon who questions Hindu rituals & Pandits while patronising Sufis.

This is far from historical truth!


Ahilyabai was born on May 31 1725 to Patil Mankoji Shinde.

She was from Dhangar clan(classified as OBC today). While Dhangars were traditionally into herding, they took up arms & held several military /civil roles in various eras of history(especially during Maratha resurgence)


In 1737, when she was 12, Ahilyabai Holkar was married to Khanderao , son of Subedar Malhar Rao Holkar.

By the time she was married, fortunes of Holkar family had already waxed.

Malhar Rao was a Subedar of territory comprising 30 Parganas yielding a revenue of at least 7 Lakh


In 1741, when Ahilyabai was newly married, her father -in-law Malhar Rao Built Indore palace & ordered the kanungo to populate the settlement with a promise of protection to traders.

This began rise of Indore from its background as modest trading town Indrapuri to a great city
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Ryan Caldbeck
Ryan Caldbeck
@ryan_caldbeck
1/ I am seeing more and more founder secondary in venture rounds (Secondary = founders selling some of their shares before some other shareholders are able). Series B-D. I see both as an investor and through entrepreneur circles.

2/ I like secondary for entrepreneurs. Moderation is key but in a lot of situations I think it helps accelerate the co. Lots of very smart investors disagree. Here are my thoughts.

3/ Magnitude: My basic rule of thumb from what I see is market is 4+ yrs and up to 10% of founder’s equity stake with some $ cap that makes sense given stage etc. (typically <$10m)

4/ The entrepreneurial journey is brutally hard. Giving some financial relief helps remove one piece of pressure. I don’t think that secondary in the magnitude mentioned impacts the drive/persistence of great entrepreneurs.

5/ That secondary means they will be able to just sleep knowing they can pay their kids’ tuition. Secondary will make most founders better at their jobs, thus accelerating the co.
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Conviction | Patience
Conviction | Patience
@unseenvalue
H was always unseen in S2NL :)

Those who exited at 1500 needed money. They can always come back near 969. Those who exited at 230 also needed money. They can come back near 95.

Those who sold L @ 660 can always come back at 360. Those who sold S last week can be back @ 301
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Bartosz Ziembinski
Bartosz Ziembinski
@zmbnski
Still wondering about this 🤔


save as q
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