So technically it's still unclear what she's suing over.
Good afternoon, followers of frivolous performative litigation.
New filing in Orly Tatiz's bonkers attempt to halt the 2nd Impeachment trial. It's a gloriously burning train wreck of mangled formatting and hideous typography.
Let's dig
So technically it's still unclear what she's suing over.
Even though, honestly, it's not the worst Orly has produced.
"an inartfully collated, defectively stapled, and misordered collection of pages" is still one of my favorite descriptions of a filing ever.
No, really, that's how it's styled.
All of this takes place without legal argument of any recognizable variety.
Also, we're talking about things that will happen on the 25th in a document that wasn't filed until the 26th.
Over a decade of legal malcraptice and she still hasn't managed to master that one simple trick.
Also, yeah, that's not going to be proper service on the United States. Again.
More from Mike Dunford
Yes, I have seen the thing about Texas suing other states over the election. Yes, the US Supreme Court has original and exclusive jurisdiction over cases between states.
No, this is not a thing that will change the election. At all.
If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.
Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
No, this is not a thing that will change the election. At all.
If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of
It looks like we have a new leader in the \u201ccraziest lawsuit filed to purportedly challenge the election\u201d category:
— Steve Vladeck (@steve_vladeck) December 8, 2020
The State of Texas is suing Pennsylvania, Georgia, Michigan, and Wisconsin *directly* in #SCOTUS.
(Spoiler alert: The Court is *never* going to hear this one.) pic.twitter.com/2L4GmdCB6I
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.
Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
Happy Monday! Dominion Voting Systems is suing Rudy Giuliani for $1.3 billion.
As Akiva notes, the legal question is going to boil down to something known as "actual malice."
That's a tricky concept for nonlawyers (and often for lawyers) so an explainer might help.
What I'm going to do with this thread is a bit different from normal - I'm going to start by explaining the underlying law so that you can see why lawyers are a little skeptical of the odds of success, and only look at the complaint after that.
So let's start with the most basic basics:
If you want to win a defamation case, you have to prove:
(1) that defendant made a false and defamatory statement about you;
(2) to a third party without privilege;
(3) with the required degree of fault;
(4) causing you to suffer damage.
For Dominion's defamation cases, proving 1 and 4 is easy. 2 is, in the case of the lawyers they're suing, slightly more complex but not hard. And 3 - degree of fault - is really really hard to prove.
A false statement of fact that is defamatory is a slam dunk element here - all the fraud allegations against dominion are totally banana-pants. They are also allegations which are clearly going to harm Dominion's reputation.
As Akiva notes, the legal question is going to boil down to something known as "actual malice."
That's a tricky concept for nonlawyers (and often for lawyers) so an explainer might help.
So Dominion sued Rudy for defamation. How are they ever going to allege actual malice? https://t.co/p8d3flDkGm
— Akiva Cohen (@AkivaMCohen) January 25, 2021
What I'm going to do with this thread is a bit different from normal - I'm going to start by explaining the underlying law so that you can see why lawyers are a little skeptical of the odds of success, and only look at the complaint after that.
So let's start with the most basic basics:
If you want to win a defamation case, you have to prove:
(1) that defendant made a false and defamatory statement about you;
(2) to a third party without privilege;
(3) with the required degree of fault;
(4) causing you to suffer damage.
For Dominion's defamation cases, proving 1 and 4 is easy. 2 is, in the case of the lawyers they're suing, slightly more complex but not hard. And 3 - degree of fault - is really really hard to prove.
A false statement of fact that is defamatory is a slam dunk element here - all the fraud allegations against dominion are totally banana-pants. They are also allegations which are clearly going to harm Dominion's reputation.
More from Society
global health policy in 2020 has centered around NPI's (non-pharmaceutical interventions) like distancing, masks, school closures
these have been sold as a way to stop infection as though this were science.
this was never true and that fact was known and knowable.
let's look.
above is the plot of social restriction and NPI vs total death per million. there is 0 R2. this means that the variables play no role in explaining one another.
we can see this same relationship between NPI and all cause deaths.
this is devastating to the case for NPI.
clearly, correlation is not proof of causality, but a total lack of correlation IS proof that there was no material causality.
barring massive and implausible coincidence, it's essentially impossible to cause something and not correlate to it, especially 51 times.
this would seem to pose some very serious questions for those claiming that lockdowns work, those basing policy upon them, and those claiming this is the side of science.
there is no science here nor any data. this is the febrile imaginings of discredited modelers.
this has been clear and obvious from all over the world since the beginning and had been proven so clearly by may that it's hard to imagine anyone who is actually conversant with the data still believing in these responses.
everyone got the same R
these have been sold as a way to stop infection as though this were science.
this was never true and that fact was known and knowable.
let's look.
above is the plot of social restriction and NPI vs total death per million. there is 0 R2. this means that the variables play no role in explaining one another.
we can see this same relationship between NPI and all cause deaths.
this is devastating to the case for NPI.
clearly, correlation is not proof of causality, but a total lack of correlation IS proof that there was no material causality.
barring massive and implausible coincidence, it's essentially impossible to cause something and not correlate to it, especially 51 times.
this would seem to pose some very serious questions for those claiming that lockdowns work, those basing policy upon them, and those claiming this is the side of science.
there is no science here nor any data. this is the febrile imaginings of discredited modelers.
this has been clear and obvious from all over the world since the beginning and had been proven so clearly by may that it's hard to imagine anyone who is actually conversant with the data still believing in these responses.
everyone got the same R
this methodology is a little complex, so let me explain what i did.
— el gato malo (@boriquagato) May 30, 2020
a few EU countries provide real day of death data. this lets us plot meaningful curves to show rate of disease change.
what struck me is how similar all the curves were.
everyone got the same shape. pic.twitter.com/bN0hILzoSl
A long thread on how an obsessive & violent antisemite & Holocaust denier has been embraced by the international “community of the good.”
Sarah Wilkinson has a history of Holocaust denial & anti-Jewish hatred dating back (in documented examples) to around 2015.
She is a self-proclaimed British activist for “Palestinian rights” but is more accurately a far Left neo-Nazi. Her son shares the same characteristics of violence, racism & Holocaust denial.
I first documented Sarah Wilkinson’s Holocaust denial back in July 2016. I believe I was the 1st person to do so.
Since then she has produced a long trail of written hate and abuse. See here for a good summary.
Wilkinson has recently been publicly celebrated by @XRebellionUK over her latest violent action against a Jewish owned business. Despite many people calling XR’s attention to her history, XR have chosen to remain in alliance with this neo-Nazi.
Former Labour Shadow Chancellor John McDonnell MP is among those who also chose to stand with Wilkinson via a tweet.
But McDonnell is not alone.
Neo-Nazi Sarah Wilkinson is supported and encouraged by thousands of those on the Left who consider themselves “anti-racists”.
Sarah Wilkinson has a history of Holocaust denial & anti-Jewish hatred dating back (in documented examples) to around 2015.
She is a self-proclaimed British activist for “Palestinian rights” but is more accurately a far Left neo-Nazi. Her son shares the same characteristics of violence, racism & Holocaust denial.
I first documented Sarah Wilkinson’s Holocaust denial back in July 2016. I believe I was the 1st person to do so.
Since then she has produced a long trail of written hate and abuse. See here for a good summary.
The internet is forever. https://t.co/zxBV7rjskB
— Heidi Bachram (@HeidiBachram) February 2, 2021
Wilkinson has recently been publicly celebrated by @XRebellionUK over her latest violent action against a Jewish owned business. Despite many people calling XR’s attention to her history, XR have chosen to remain in alliance with this neo-Nazi.
Former Labour Shadow Chancellor John McDonnell MP is among those who also chose to stand with Wilkinson via a tweet.
But McDonnell is not alone.
Neo-Nazi Sarah Wilkinson is supported and encouraged by thousands of those on the Left who consider themselves “anti-racists”.
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First thread of the year because I have time during MCO. As requested, a thread on the gods and spirits of Malay folk religion. Some are indigenous, some are of Indian origin, some have Islamic
Before I begin, it might be worth explaining the Malay conception of the spirit world. At its deepest level, Malay religious belief is animist. All living beings and even certain objects are said to have a soul. Natural phenomena are either controlled by or personified as spirits
Although these beings had to be respected, not all of them were powerful enough to be considered gods. Offerings would be made to the spirits that had greater influence on human life. Spells and incantations would invoke their
Two known examples of such elemental spirits that had god-like status are Raja Angin (king of the wind) and Mambang Tali Arus (spirit of river currents). There were undoubtedly many more which have been lost to time
Contact with ancient India brought the influence of Hinduism and Buddhism to SEA. What we now call Hinduism similarly developed in India out of native animism and the more formal Vedic tradition. This can be seen in the multitude of sacred animals and location-specific Hindu gods
i wonder if you can make a thread bout witchcraft in malaysia.. or list of our own local gods/deites..
— r a y a \U0001f319 (@lcvelylilith) February 20, 2020
Before I begin, it might be worth explaining the Malay conception of the spirit world. At its deepest level, Malay religious belief is animist. All living beings and even certain objects are said to have a soul. Natural phenomena are either controlled by or personified as spirits
Although these beings had to be respected, not all of them were powerful enough to be considered gods. Offerings would be made to the spirits that had greater influence on human life. Spells and incantations would invoke their
Animist ceremonies of a religious or magical nature were normally held for the purpose of divination or making a request. This would either be done at a keramat or at a shrine similar to the Thai spirit houses or Chinese roadside shrines pic.twitter.com/I1hliyi0x3
— \u2745\u1710\u170b\u1713\u170e (@uglyluhan) June 16, 2019
Two known examples of such elemental spirits that had god-like status are Raja Angin (king of the wind) and Mambang Tali Arus (spirit of river currents). There were undoubtedly many more which have been lost to time
Contact with ancient India brought the influence of Hinduism and Buddhism to SEA. What we now call Hinduism similarly developed in India out of native animism and the more formal Vedic tradition. This can be seen in the multitude of sacred animals and location-specific Hindu gods