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.
/6 Here is a government-side description of the law and the process -- shaded towards the government but pretty reliable.

https://t.co/4qYabZo7St.
/7 Since bail is an entitlement unless NO COMBINATION OF CONDITIONS will prevent flight risk or danger, judges must and do consider measures like pretrial supervision, home detention, bail posted by the defendant or loved ones, restrictions on activities, etc.
/8 Before the bail hearing the Pretrial Services Office -- an arm of the court -- does a brief investigation, background check, and interviews (including of the defendant and family). Their recommendation tends to weigh heavily with the judge.
/9 The bottom line is that "why would someone accused of that federal crime be released" is, legally and practically, the wrong question.

/end

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This issue was repeatedly highlighted bu Judge Totenberg:

Dominion’s system “does not produce a voter-verifiable paper ballot or a paper ballot marked with the voter’s choices in a format readable by the voter because the votes are tabulated solely from the unreadable QR code.”


Judge also found that Dominion's QR codes are NOT encrypted:

“Evidence plainly contradicts any contention that the QR codes or digital signatures are encrypted,”

This was “ultimately conceded by Mr. Cobb and expressly acknowledged later by Dr. Coomer during his testimony.”

Judge Totenberg said there was “demonstrable evidence” that the implementation of Dominion’s systems by Georgia placed voters at an “imminent risk of deprivation of their fundamental right to cast an effective vote,” which she defined as a “vote that is accurately counted.”

Judge Totenberg found that Dominion Systems inherently could not be audited.

She noted that auditors are severely limited and “can only determine whether the BMD printout was tabulated accurately, not whether the election outcome is correct.“

Totenberg stated in her ruling that a BMD printout “is not trustworthy” and the application of an Risk-Limiting audit (RLA) to an election that used BMD printouts “does not yield a true risk-limiting audit.”

Georgia used RLAs to claim no fraud...
Pretty much every professional field EXCEPT police have clear, rigorous, transparent consequences for unethical behavior, negligence and malpractice.


The idea that we can "disbar" lawyers but not police is absolute foolishness.

All the factors that make disbarment a necessary tool for lawyers apply to cops... except that cops don't need to be qualified in the first place.

It is a rank absurdity of the criminal justice system that one needs to be educated and certified with a degree in order to argue on behalf of someone's life in court, but to have no qualifications necessary to detain, assault, or prematurely end that same life.

There are countless circumstances in which a lawyer's unethical behavior will result in them not only losing their job but never being able to practice it again.

But corrupt and murderous cops can be rehired indefinitely.

A lawyer's entire career can be ended forever if they were found to have knowingly put someone on a stand to lie.

Police officers however are allowed to lie in court on the stand under oath.

So much that lawyers aren't penalized for putting cops on the stand to lie.

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