BC SOCIETY
Saved by @Alex1Powell

I've been trying to think that through - not just legally, but judicially.

The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.

 On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even close.

https://t.co/Po8mcrENnz
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.

That's the easy part. Now for the nuttier side - the logistics.
Let's run through the 5 W's and the H.

1: Who? Who does the seizing. Where do the needed people come from? This is not a small undertaking. Even if we're just talking Dominion, that's tens of thousands of machines spread out over hundreds of jurisdictions.
Who takes on that job? The US Marshals are not a large organization. The nuts already think the FBI is part of the Deep State. The armed forces can't easily be used for such tasks, given constitutional restrictions on domestic use (and are unwilling to follow unlawful orders).
2: What? In addition to the obvious "wait wut," there's also the "what gets seized" question. As I said, there are literally tens of thousands of machines out there.
3: When? This is the week before Christmas - it is much harder than normal to get anything done. That's not a small matter. And by the time the holidays are done, there are a very small number of days left before Congress certifies the EC results.
4: Why? This is a question that judges WILL ask - and they'll ask this question whether this is happening under an Executive Order or as a special counsel (I'll get to that issue at the end.)
You can rest assured that the bigger and less precedented the demand, the more actual evidence courts are going to want to see.
5: Where? (Yeah, I got that out of order.)

Where are they going to put everything, for starters. You're talking about warehouses worth of electronics, all of which needs to be stored carefully and safely. Where are they going to do - whatever it is they're going to do?
6: How?
6a: How are they going to pay for this? From what money?
6b: How are they actually going to figure out the answers to the other 5 questions when they're running with Lin, Sidney, MyPillow and Overstock - when this is too nuts for even Rudy?
That's the EO take. The "make Sidney Powell a special counsel" is a bit trickier. To be honest, that might be a thing he can do. He may have to fire his way down the Department of Justice a bit until he finds someone willing, and that might take a bit, but it could happen.
But even there, the logistical issues all remain. And the legal ones don't evaporate. Even the most rubber-stampy of magistrates is likely to hesitate before OKing a massive grab of voting machines, and, again, affected jurisdictions will have legal recourse to challenge things.
But let's say that it happens. Now we're at the underpants gnomes bit.
1: Make Sidney Powell a special counsel.
2: ????
3: Trump stays President.
Seriously, what goes in step 2? What's the grand plan?

And the answer is, of course, that there isn't one. They really aren't thinking things through. There's nothing I can see that remotely plausibly connects those two steps.
What this whole thing produces is a more chaotic and unhinged end to our most chaotic and unhinged Presidency, but that's all I can see coming out of this.

More from Mike Dunford

Mike Dunford
Mike Dunford
@questauthority
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.
POLITICS
Mike Dunford
Mike Dunford
@questauthority
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

For those who may have forgotten, this is the case we saw last week - the one where Orly took the 12(b)(6) game to the next level by LITERALLY forgetting to include actual claims in her complaint.

So technically it's still unclear what she's suing over.

And, frankly, it's not like I can talk about the merits of this one because there aren't any. But the sheer stunning insanity of the formatting alone makes this worth a thread.

Even though, honestly, it's not the worst Orly has produced.

For context, the text below comes from the State of Hawaii's 2012 response to a motion for reconsideration in one of the birther cases.

"an inartfully collated, defectively stapled, and misordered collection of pages" is still one of my favorite descriptions of a filing ever.


Just to start with, apparently we're putting the caption on both sides of the (incomplete) line now. Single spaced on one side, double spaced on the other, no less. With everything but the judge's name in caps.
SOCIETY
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Mike Dunford
Mike Dunford
@questauthority
I went over the dismissal on my stream, but a few thoughts on where things are at:

1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.


3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.

5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.

7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.

So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.
ALL
Mike Dunford
Mike Dunford
@questauthority
Texas - WTF is this even - a very short reassurance thread:

1: The Texas "lawusit" against four other "battleground" states in the United States Supreme Court is legally stupid.* It is so legally stupid that I was reluctant to believe that even Ken Paxton would file it.

*My patience level is not ginormous today. Please don't try to explain to me why you think it isn't stupid for whatever other reasons because I'll be making liberal use of the airlock. Thx.

2: Yes, one state can sue another at the US Supreme Court. However, the Supreme Court gets to decide whether to take the case. One factor that they will **undoubtedly** look at is the factor of "injury."

Texas is claiming two things. First, that the states have a special interest in who becomes Vice President because of the tiebreaker. Second, that their electors are injured if their votes are "diluted" by electors from states that, in Texas's view, didn't obey their own law.


There is very little argument presented for "injury." Even less - barely a paragraph - was presented for how the defendant states caused that injury.

For lawyers, this is a signal that this is a performance of politics by "litigation" and not a serious effort.
COURT
Mike Dunford
Mike Dunford
@questauthority
Election Litigation Thread - Georgia:
OK, so since my attempt to sit back while Akiva does all the work of going through the latest proof that not only the pro se have fools for lawyers has backfired, let's take a stroll through the motion for injunctive relief.


At the start, I'd note that the motion does not appear to be going anywhere fast - despite the request that they made over 80 hours ago to have the motion heard within 48 hours.

The most recent docket entries are all routine start-of-case stuff.


Why isn't it going anywhere quickly? Allow me to direct your attention to something that my learned colleague Mr. Cohen said


Now I'm not a litigator, but if I had an emergency thing that absolutely had to be heard over a holiday weekend, I'd start by reading the relevant part of the local rules for the specific court in which I am filing my case.

In this case, this bit, in particular, seems relevant:


My next step, if I had any uncertainty at all, would be to find and use the court's after-hours emergency contact info. I might have to work some to find it, but it'll be there. Emergencies happen; there are procedures for them.

And then I'd do exactly what they tell me to do.
POLITICS

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Nuddering
Nuddering
@NudderingNudnik
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”.
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Kirsti Miller
Kirsti Miller
@KirstiMiller30
@LaurenMurphyMMA @_Miatonin @AOC There is no no differences in strength between men and women are seen when normalized for muscle cross-sectional

@_Miatonin @AOC It is reductionist (and wrong) to suggest the performance gap is all about biology (e.g. testosterone).

@_Miatonin @AOC Based on the present evidence, it is reasonable to suggest that biological, psychological, and sociocultural factors contribute to the range of gender gaps observed across sports.

@_Miatonin @AOC Men and women exhibit similar relative responses to resistance training, with no gender-specific responses noted after 10-weeks of resistance

@_Miatonin @AOC A number of other gender-‘independent’ factors contribute to the regulation of adult muscle mass, including genetics, race, adiposity, training, diet, and birth
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Internet Freedom Foundation (IFF)
Internet Freedom Found...
@internetfreedom
THREAD: We filed RTIs on behalf of @no2uid asking the Ministry of Health and Family Welfare questions about how your personal data will be protected while you're using CO-WIN, the COVID-19 vaccination registration platform.

We got answers... kind of. Here's the new info.

1/n


Just like with Aarogya Setu, many Indians are worried that about the potential CO-WIN has to leak your data or threaten your privacy in the name of dealing with a pandemic. So, we asked the MOHFW some questions about data protection under the Right to Information Act.
2/n


In the responses we received, MOHFW said that it cannot provide us with a privacy policy on CO-WIN (?!).

Thankfully it was clarified that Aadhaar is not mandatory for registration on Aarogya Setu or CO-WIN, and that physical vaccine certificates will be provided to everyone.
3/n

The data it says it will collect will be your name, gender, date of birth, photo ID, and number.

National, State, and District level admins will have access to use the app, but there is not much further clarity on this point.

But most importantly...
4/n

The responses (or rather lack of them) related to your data privacy and protection are completely vague. We received no clear answers on which Ministries/Depts will have access to your personal data, the permissions provided, etc. This is a failure in terms of transparency.
5/n
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Dant\xe9 Stewart (Stew)
Danté Stewart (Stew)...
@stewartdantec
As many of you know, I was apart of the white evangelical tradition. I have talked about things I learned about being Black in white spaces. Now I want to say some things about what I learned about once being a Black evangelical returning back to the Black church.

A thread.

Spending years in white evangelical churches and schools, specifically from 2012-2018, shapes Black people in more ways than we would like to admit. It shapes us to diminish Blackness, devalue our people’s story, and always test what we have against the white logic and litmus.

This is particular reality for us Black men in that space. White Christians exploit our vulnerabilities, give us the room to speak, while simultaneously subverting and devaluing Black women and their struggles and their grievances. Opportunities abound for us and we take them.

We are invited into the meetings, we are given the mic, we are asked to lead groups on race, the Black church, etc. We are asked though often we actually haven’t read or thought deeply about each. We become a weapon. Profiting and policing/punishing those who get out of line.

All the while, white Christians feel good about themselves and other Black people are left to clean up the mess we’ve made, the ways we’ve made fools of Black folk, and the harmful ways we’ve learned to think, and to preach, and to be around us. It is profoundly depressing.
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Hollywood
Hollywood
@J_MoAGoGo
Overall I think Labour will be a bit disappointed with how the ‘relaunch’ has started. Labour have given themselves a mountain to climb anyway through a year of inaction but the speech today lacked coherence, purpose and distinction from the government.

Starmer is (funnily enough) making a lot of the same mistakes Corbyn made in 2019. He is listing a ‘bold’ set of policy proposals that come across as disjointed and lacking connection to Britain’s priorities.

The policies themselves were basically good, I wouldn’t argue against them. But I would cringe whenever Labour came out with spending proposal after spending proposal in 2019 without any rationale or connection to a larger economic strategy. That’s what Starmer did today.

The questions that voters will have about Starmer’s speech are the same ones that voters will have had about Corbyn’s 2019 manifesto: why are these policies your priority, how can we afford them and why aren’t we doing these already?

The first one needs to be answered by diagnosing Britain’s problems and their causes. He doesn’t have to diagnose all of them. For the purpose of today he could have picked three that feed off each other: inequality, stagnant income growth and stagnant productivity.
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Again, at such a key moment in UK and at such high political levels, evidence of deep misunderstanding of EU: The PM is under pressure in some quarters to delay #Brexit vote to allow her first to “improve” deal in Brussels BUT EU is determined not to budge at this stage

2) All EU leaders watching tomorrow’s vote. Of course they want to avoid a no deal #Brexit BUT they feel the deal - so painfully negotiated between EU and UK - is too fresh to re-open. Clarifications, yes but fundamental renegotiations, no.

3) The EU’s international reputation as a tough deal-maker is at stake here too. If Brussels now suddenly “gives in” to U.K. on EU red lines (eg backstop) then that would weaken the EU’s reputation in future trade negotiations with other non EU countries

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Amit Schandillia
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[THREAD: HISTORY OF THE HINDU TEMPLE]
1/102
Four hours south of Aswan in Lower Nubia, right by the Nile, is a region dotted with temple complexes built more than 3,000 years ago. Some like the temples of Amada, Derr, and Beit el-Wali go as far back as 1500 BC.


2/102
A little further south, not far from the border with Sudan, is another complex dedicated to Ramses II, Hathor, and Nefertari in the village of Ipsambul, better known locally as Abu Sunbul and internationally as Abu Simbel. These go back to the 13th century BC.


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Djeser-Djeseru, also known as the mortuary temple of Hatshepsut in Upper Egypt also dates to 1400 BC. Over 500 years older is the nearby Mentuhotep II, also a mortuary temple. Both were dedicated to the cult of Amun Ra, besides their respective pharaohs.


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Far older is the Ġgantija complex of Malta. Going as far back as 3600 BC, this one comprises of two temples entirely made of stone and enclosed in a stone wall. From the figures therein, it's understood to be a site of some kind of a fertility cult worship.


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Dating from the same period are the limestone megaliths of Ħaġar Qim and Mnajdra, both said to have once hosted ritualistic sacrifices as part of the same fertility cult worship as found in the Ġgantija complex. Malta has some of the oldest temple complexes in Europe.
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Shaan Puri
Shaan Puri
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If you're a college student who wants to pay off all your loans... here's an idea for you:

It takes ~$5k to start and will make ~$30k a year of profit

It won't get you rich, it'll pay for college.

(..and will teach them more about business than they’ll learn in school)

The idea isn’t sexy. But it works:

**Plastic Moving Bin Rentals**

Everyone knows moving sucks. The worst part is being stuck with 400 cardboard boxes at the end of your move.

Instead - @benmlevy told me about Gorilla Bins. They dropoff plastic moving bins, & pickem up later.


Let’s break it down. Our goal is to pay for college (~$30k profit per year).

To do that, I think we’ll need $50k in revenue.

The avg move (a 2 bedroom apartment) is $180

To hit our goal, we need do ~5.5 moves per week

COSTS?

How many bins do we need to buy up front?

5.5 moves a week x 50 bins = you need 275 bins. Let’s round up to 300 to be safe.

Ok let’s hop over to @uline to see how much these bins cost

Bingo. Bins cost about $15 a piece.

$15 x 300 bins = $4,500 initial startup costs.

Time to beg your parents or a rich aunt to lend you money to get the biz rolling (...or just take $5k of student loan money and invest it here…)
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Ferruccio Balestreri \U0001f308
Ferruccio Balestreri 🌈...
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🕵️‍♂️ How Google's PageRank algorithm works

The PageRank algorithm gives each page a rating of its
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Here's how it works in practice:
1⃣ We start with some pages and crawl them for links


2⃣ Each page has 1/N points (where N as the total number of pages)


3⃣ Add points to each page for the amount of links to it, divided by the number
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Will Buxton
Will Buxton
@wbuxtonofficial
The Haas / Force India argument is fascinating, and the decision of the stewards may still have consequences. The first key finding is that the stewards ruled Racing Point Force India to be a valid constructor. That means that it builds its own cars.

Haas had argued that the cars had been designed by Force India, but as Haas knows only too well, "outsourcing" is legal. The stewards decided that "there is no regulatory support for the argument that Outsourcing of Listed Parts cannot come from a former or excluded team."

In determining this, the stewards also came to the following conclusion: "In relation to the submission by the Racing Point Force India F1 Team that it is not a new team, the Stewards decide that the Racing Point Force India F1 Team is indeed a new team."

This will have a big knock on effect for Haas in its continued arguments over the rights of RPFI as relates to its eligibility and rights under the complex payments structure. Haas has argued all along that RPFI should be treated as a new team and tread the same path that it did.

TLDR? Haas lost the fight but may have won the war. In having its argument that Racing Point hadn't designed their own car thrown out, they gained clarification that RPFI was a new team.
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