I’ve often said that nothing is normal about Julian Assange’s case. Here’s my list of the top 10 least normal aspects, strictly on the logistical side of monitoring the extradition proceedings (this is not to mention the many substantive issues that are also far from normal).
More from Law
How to avoid (successful) accusations of defamation on Twitter. A few thoughts from someone who is NOT a libel lawyer, but does say very critical things about named individuals. 1/
1. Facts are different from opinions. But stating an opinion can imply a fact. https://t.co/1PkiI4olib
2. When I tweet I aim to be sure A. I show the *facts* I am basing my *opinion* on. B. I have good reason to believe the *facts* are true. C. My opinion is reasonable based on the facts.
Here I am calling Arron Banks a racist (opinion). Pointing out this is because he called for mosques to be demolished (fact). 4/
I can prove this fact - and others - about what Banks has said. And I can justify why in my opinion that shows he’s a racist. 5/
1. Facts are different from opinions. But stating an opinion can imply a fact. https://t.co/1PkiI4olib

2. When I tweet I aim to be sure A. I show the *facts* I am basing my *opinion* on. B. I have good reason to believe the *facts* are true. C. My opinion is reasonable based on the facts.
Here I am calling Arron Banks a racist (opinion). Pointing out this is because he called for mosques to be demolished (fact). 4/
Reminder: https://t.co/KpWzq0aF8C is run by Arron Banks who called for British mosques to be demolished. They\u2019ve always been openly racist. https://t.co/n8uppHUqQ5
— Simon Cox (@SimonFRCox) October 9, 2019
I can prove this fact - and others - about what Banks has said. And I can justify why in my opinion that shows he’s a racist. 5/
There is a now-relevant parallel here to the difference here between matters before a judge & matters before a jury. Judges are far more reluctant to strike testimony or evidence if they are the only recipients of it, with the theory being that they are really smart about ...
law stuff & will know what they can & can't consider. For instance, there is a long-held rule that a fact witness can't make legal arguments, only a lawyer. So what will happen in a motion for summary judgment, where the entire proceeding is on paper, will play out like this:
1) Defendant makes a motion for summary judgment. It includes a sworn declaration from some fact witness.
2) The declaration includes all sorts of legal arguments about why the defendant should win. Often the declaration includes arguments the brief didn't even make.
Defendants (especially DOJ-represented ones) often do this to get around the word or page-limits placed on briefs.
3) Plaintiff moves to strike the declaration for its inclusion of inadmissible legal arguments.
4) Judge denies the motion to strike, on the grounds that a ...
judge is a sophisticated consumer of evidence & can choose what to consider & what to ignore, unlike a jury.
The legal fiction behind this impeachment exception is that Senators are also smart enough to know what to listen to & what to ignore. Now, that may not be ACCURATE, ...
To the extent that precedents matter in this trial, when hearsay has been challenged in past trials, it's been admitted if it's probative. And it's been noted that senators aren't *regular* jurors, but rather people of learning who can figure on their own how to weigh evidence.
— Ira Goldman \U0001f986\U0001f986\U0001f986 (@KDbyProxy) January 24, 2020
law stuff & will know what they can & can't consider. For instance, there is a long-held rule that a fact witness can't make legal arguments, only a lawyer. So what will happen in a motion for summary judgment, where the entire proceeding is on paper, will play out like this:
1) Defendant makes a motion for summary judgment. It includes a sworn declaration from some fact witness.
2) The declaration includes all sorts of legal arguments about why the defendant should win. Often the declaration includes arguments the brief didn't even make.
Defendants (especially DOJ-represented ones) often do this to get around the word or page-limits placed on briefs.
3) Plaintiff moves to strike the declaration for its inclusion of inadmissible legal arguments.
4) Judge denies the motion to strike, on the grounds that a ...
judge is a sophisticated consumer of evidence & can choose what to consider & what to ignore, unlike a jury.
The legal fiction behind this impeachment exception is that Senators are also smart enough to know what to listen to & what to ignore. Now, that may not be ACCURATE, ...