1/ In "stupid lawsuits over mean tweets" news, the 6th Cir. will hear arguments shortly in a case against @kathygriffin (save your personal opinions about her, I really don't care). Listen in here at 1:30 Eastern:
Complaint: https://t.co/EF9ST2Som5
![](https://pbs.twimg.com/media/ErjOktbXIAQ0Qtu.jpg)
![](https://pbs.twimg.com/media/ErjOlOaW8AIEbOl.jpg)
![](https://pbs.twimg.com/media/ErjOluZXUAUEROn.png)
![](https://pbs.twimg.com/media/ErjOmDkWMAYXTDt.png)
![](https://pbs.twimg.com/media/ErjOmXAXUAIhcfw.png)
Decision: https://t.co/K0UKOATiWR
Decision on reconsideration: https://t.co/4ejLBdxFly
![](https://pbs.twimg.com/media/ErjOnRSW4AYg1uQ.png)
It's a bad lawsuit.
Appellee's Brief: https://t.co/dxVzkHjo7N
Reply Brief: https://t.co/wVIrh4NzNw
Like, duh.
He is arguing that KY was trying to extend jurisdiction to all acts that harm KY residents.
That would be unlikely to survive scrutiny even if it were true.
That is an absolutely untenable and ridiculous argument.
"These ARE true threats," he confidently proclaims, proceeding to destroy his own argument by listing things that she did with absolutely no connection to any legitimate threat of bodily harm.
Counsel's argument boils down to "doxing [N.B. not doxing] people by calling for their identity to be known is automatically a true threat"
Judge asks if he runs into a First Amendment argument.
Counsel AUDIBLY SIGHS, and then ignores the question by saying "well true threats aren't protected."
This guy is way out of his depth.
First counsel on the other side is for a defendant in a related case (which was consolidated).
He correctly points out that nobody is being prosecuted, implying that the whole "actus reus" discussion was bullshit (and it was)
L O fucking L
Counsel: It would be bonkers to allow plaintiffs to get around the long-arm statute just by alleging that a defendant violated a criminal statute. That position enjoys no support in law. The law is clear and specific.
This is a good argument.
Under Walden, it is the *defendant* who must create contacts to the forum state by availing herself of something within the state.
This is correct.
That's why this case is important. There has to be some cabining on jurisdiction for things floating out in the Internet aether.
The judges have not interrupted this defendant's lawyer once. Probably because he's saying things that are right, and non-controversial.
Not good for plaintiff.
1) Did the defendant's submission give the impression that she was submitting to jurisdiction or
2) Did the defendant do something that would have been a waste if personal jurisdiction was found to be lacking
In order to waive this fundamental due process right, it must be knowing and voluntary. Only two ways to do it: Fail to make a motion (which Griffin did),
There is simply no way that a notice of appearance is a responsive pleading. This argument makes no sense.
He is 10000% correct, and the judges should needle plaintiffs' counsel about this.
It used to be that you had to file a special appearance to object to personal jurisdiction in order to not waive, but that rule has been abandoned in most (all?) courts.
The district court judge said he doesn't buy that there's a distinction between waiver and forfeiture. Counsel disagrees, saying that forfeiture should be where you raise an objection but then give it up through conduct in litigaiton.
Either way, Griffin should win.
He argues you don't have to file any kind of appearance, so if you do it's a waiver.
That would be weird.
Boom.
Judge: Uh, same thing with the tweet here.
lol.
More from Legal
After a long wait, proceedings against
@advocatemahere finally commence in Courtroom No. 11 before Magistrate Utahwashe.
David Drury tells Magistrate Utahwashe that the State can't make a "Lazarus" resurrection to a law which is non-existent.
Prosecutor Muchemwa tells Magistrate Utahwashe that the State is sticking to allegations contained in the charge sheet and applies for @advocatemahere to be placed on remand.
lawyers challenge State bid to place her on remand.
Drury says he is interested in knowing the identity of the woman who was allegedly roughed up by @PoliceZimbabwe.
@advocatemahere finally commence in Courtroom No. 11 before Magistrate Utahwashe.
We are also with @advocatemahere at Harare Magistrates Court where remand proceedings against her are yet to commence.
— ZLHR (@ZLHRLawyers) January 12, 2021
David Drury tells Magistrate Utahwashe that the State can't make a "Lazarus" resurrection to a law which is non-existent.
Prosecutor Muchemwa tells Magistrate Utahwashe that the State is sticking to allegations contained in the charge sheet and applies for @advocatemahere to be placed on remand.
lawyers challenge State bid to place her on remand.
Drury says he is interested in knowing the identity of the woman who was allegedly roughed up by @PoliceZimbabwe.
1/
In light of this serious cyber attack and this being the second in a row that I've heard in the past few weeks, I'd like to take this moment to talk about the cyber attack known as #phishing so that others do not fall prey to it and stay safe online.
Thread starts:
2/
Phishing is usually a means of contacting you by impersonation to gather data, oversimplifying it. This can happen in several ways:
1. URL similarities: Usually when people visit a webpage, most people never check the URL (Uniform Resource Locator). For example, a fake URL of
3/
https://t.co/x0brAMyKgF would be https://t.co/HrdE9hklv1. Seem the same, right? No. I've replaced one single character of "L" in @Google with "I". Therefore, your entire data would be redirected to the server that is hosting GOOGIE, instead of GOOGLE. This is commonly
4/
hackers perform cyber attacks. However this is only one of many.
Many people might forward you genuine links with small "add-ons" which enter your system like a Trojan Horse. A beautiful meme of keyboard cat on the outside but a vicious data-mining link on the inside.
Plus
5/
There's also other means of doing this. And you might think "But dude, who's stupid enough to fall for it?"
LOTS of UNINFORMED people are.
2020 was a record breaking year for phishing websites and attacks as per @techradar. It's not just through
In light of this serious cyber attack and this being the second in a row that I've heard in the past few weeks, I'd like to take this moment to talk about the cyber attack known as #phishing so that others do not fall prey to it and stay safe online.
Thread starts:
![](https://pbs.twimg.com/media/ErxPwfEUwAkbFj8.jpg)
2/
Phishing is usually a means of contacting you by impersonation to gather data, oversimplifying it. This can happen in several ways:
1. URL similarities: Usually when people visit a webpage, most people never check the URL (Uniform Resource Locator). For example, a fake URL of
![](https://pbs.twimg.com/media/ErxRkHKVoAIt30W.jpg)
3/
https://t.co/x0brAMyKgF would be https://t.co/HrdE9hklv1. Seem the same, right? No. I've replaced one single character of "L" in @Google with "I". Therefore, your entire data would be redirected to the server that is hosting GOOGIE, instead of GOOGLE. This is commonly
4/
hackers perform cyber attacks. However this is only one of many.
Many people might forward you genuine links with small "add-ons" which enter your system like a Trojan Horse. A beautiful meme of keyboard cat on the outside but a vicious data-mining link on the inside.
Plus
![](https://pbs.twimg.com/media/ErxSQtgVEAEtk0R.jpg)
5/
There's also other means of doing this. And you might think "But dude, who's stupid enough to fall for it?"
LOTS of UNINFORMED people are.
2020 was a record breaking year for phishing websites and attacks as per @techradar. It's not just through
BREAKING: at least six men that provided security for Roger Stone entered the #Capitol during the siege, per a @nytimes visual investigation.
All six are associated with the far-right #OathKeepers militia.
THREAD 1/
Story: https://t.co/abZlcVyaR6
2/ On January 5th, Stone appeared at the Supreme Court, glad-handing and being driven in a go-kart. Later he attended a rally near the White House.
As the @nytimes team shows, his security entourage featured a host of #OathKeepers...
3/ In the morning of the 6th, Stone stood outside the Willard InterContinental hotel, again flanked by men associated with the #OathKeepers.
Some of them, like Rob Minuta, have been named in prior
4/ Interesting detail: while scrutinizing the video of Roger Stone I spotted Rudy Giuliani exiting the same hotel.
Giuliani is accompanied by a man wearing the same outfit as Trump supporter John Eastman & other not-yet ID'd people.
Video source: https://t.co/Rure8TiQTp
5/ Now to the #Capitol: We see a several of Roger Stone's #OathKeeper guards amidst a larger group yelling at police. Video surfaced by the @CTExposers team.👇👇
https://t.co/NWsONDz0OA
All six are associated with the far-right #OathKeepers militia.
THREAD 1/
Story: https://t.co/abZlcVyaR6
![](https://pbs.twimg.com/media/EuMVoXuXYAAKtgG.jpg)
2/ On January 5th, Stone appeared at the Supreme Court, glad-handing and being driven in a go-kart. Later he attended a rally near the White House.
As the @nytimes team shows, his security entourage featured a host of #OathKeepers...
![](https://pbs.twimg.com/media/EuMWbQAWgAIpowJ.jpg)
3/ In the morning of the 6th, Stone stood outside the Willard InterContinental hotel, again flanked by men associated with the #OathKeepers.
Some of them, like Rob Minuta, have been named in prior
![](https://pbs.twimg.com/amplify_video_thumb/1357781502566744064/img/j7A2ImxxQDR4YFVT.jpg)
NEW: Rob Minuta guarded Roger Stone Jan 6th...& was later seen at #Capitol siege..
— John Scott-Railton (@jsrailton) February 7, 2021
Now we know he has a history of escorting Trump allies like Flynn & Alex Jones. Also seen in December w/indicted Proud Boy #Spazzo.
THREAD
By @arawnsley
Link: https://t.co/8t38iOmgYP pic.twitter.com/dnRYZGuBCO
4/ Interesting detail: while scrutinizing the video of Roger Stone I spotted Rudy Giuliani exiting the same hotel.
Giuliani is accompanied by a man wearing the same outfit as Trump supporter John Eastman & other not-yet ID'd people.
Video source: https://t.co/Rure8TiQTp
![](https://pbs.twimg.com/media/EuMZ6zjXEAQ6vzN.jpg)
5/ Now to the #Capitol: We see a several of Roger Stone's #OathKeeper guards amidst a larger group yelling at police. Video surfaced by the @CTExposers team.👇👇
https://t.co/NWsONDz0OA
![](https://pbs.twimg.com/media/EuMcGa5XMAEZPdW.jpg)
Here's the footage of Roberto Minuta throwing a tantrum at the police, 1/6 at the east side of the Capitol (5:16 in the Youtube video link).
— Capitol Terrorists Exposers (@CTExposers) February 10, 2021
\u27a1\ufe0fhttps://t.co/rulMuaftCm pic.twitter.com/wz6A4zQLYT