Seriously people. Executive orders mean exactly nothing to what Trump legally can or can't do to fuck with the election results (which is zero). Stop letting idiots make you crazy
More from Akiva Cohen
So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
OK, #Squidigation fans, I think we need to talk about the new Wisconsin suit Donald Trump filed - personally - in Federal Court last night. The suit is (as usual) meritless. But it's meritless in new and disturbing ways. This thread will be
Not, I hope, Seth Abramson long. But will see.
I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃
First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.
If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)
Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.
\U0001f6a8BREAKING: Trump files new federal court lawsuit in Wisconsin challenging the results of the election.https://t.co/LfKb2PUIkq
— Marc E. Elias (@marceelias) December 3, 2020
Not, I hope, Seth Abramson long. But will see.
I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃
First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.
OK, #squidigation fans. This is a new Wisconsin case not filed by the Krake[n/d] team of Powell and Wood and NOT focusing on wild conspiracy theories. It's a competent and professional filing that raises things that would be real issues ... if you don't understand why they aren't https://t.co/ETvUiWV5du
— Akiva Cohen (@AkivaMCohen) December 1, 2020
If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)
Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.
Every one of these Trump election suits is the same gobbledygook garbage barge:
— Liz Dye (@5DollarFeminist) December 3, 2020
FRAUD!
It coulda happened.
Well, no, we can't prove it.
But just to be safe, best let the gerrymandered legislature give us all the electoral votes!https://t.co/Z926668H05 pic.twitter.com/xGZsJKIO7Y
The judge in this case has now issued an absolutely brutal smackdown that you'll enjoy reading. It comes complete with a well-earned threat of sanctions.
Here's the decision. Some highlights follow
Pretty sure I said this, using slightly different words!
Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be
You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
Folks, this is the single dumbest election lawsuit of the entire cycle, and I've read kraken filings front to back. https://t.co/PLHTf7HhbM
— Akiva Cohen (@AkivaMCohen) December 22, 2020
Here's the decision. Some highlights follow
Pretty sure I said this, using slightly different words!
Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be
You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
In the cold light of morning, I'm still completely amazed by the legal belly flop that @ThomasMoreSoc filed in the DC District Court. It's the legal equivalent of watching the butt fumble, live
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
More from Trump
Today's Twitter threads (a Twitter thread).
Inside: Stop saying "it's not censorship if it's not the government"; Trump's swamp gators find corporate refuge; and more!
Archived at: https://t.co/7JMcAbaULj
#Pluralistic
1/
Monday night, I'll be helping William Gibson launch the paperback edition of his novel AGENCY at a Strand Bookstore videoconference. Come say hi!
https://t.co/k3fvBdqOK0
2/
Stop saying "it's not censorship if it's not the government": I didn't expect the Spanish Inquisition.
https://t.co/7I0MpCTez5
3/
Trump's swamp gators find corporate refuge: The Swamped project.
https://t.co/MUJyIOr2iw
4/
#15yrsago A-Hole bill would make a secret technology into the law of the land https://t.co/57bJaM1Byr
#15yrsago Hollywood’s MP loses the election — hit the road, Sam! https://t.co/12ssYpV46B
#15yrsago How William Gibson discovered science fiction https://t.co/MYR0go37nW
5/
Inside: Stop saying "it's not censorship if it's not the government"; Trump's swamp gators find corporate refuge; and more!
Archived at: https://t.co/7JMcAbaULj
#Pluralistic
1/
Monday night, I'll be helping William Gibson launch the paperback edition of his novel AGENCY at a Strand Bookstore videoconference. Come say hi!
https://t.co/k3fvBdqOK0
2/
Stop saying "it's not censorship if it's not the government": I didn't expect the Spanish Inquisition.
https://t.co/7I0MpCTez5
3/
If you think "It's not censorship unless the government does it," I want to change your mind.
— Cory Doctorow #BLM (@doctorow) January 24, 2021
It's absolutely true that the First Amendment only prohibits government action to suppress speech based on its content, but the First Amendment is not the last word on censorship.
1/ pic.twitter.com/ycbLLDhtrd
Trump's swamp gators find corporate refuge: The Swamped project.
https://t.co/MUJyIOr2iw
4/
Have you seen the stories about how Trump administration officials and staffers for Ted Cruz are finding that no one in the private sector will hire them because they are forever tainted by their former bosses' disgraceful behavior?
— Cory Doctorow #BLM (@doctorow) January 24, 2021
They're bullshit.https://t.co/XvYDPpR9yd
1/ pic.twitter.com/VxisK4d8jV
#15yrsago A-Hole bill would make a secret technology into the law of the land https://t.co/57bJaM1Byr
#15yrsago Hollywood’s MP loses the election — hit the road, Sam! https://t.co/12ssYpV46B
#15yrsago How William Gibson discovered science fiction https://t.co/MYR0go37nW
5/
Agree. Also Bannon suggesting that Fauci shld be beheaded & Lyn Wood calling for Pence’s execution. These are Trump’s close advisors. Did Trump ever publicly disavow?
Very good that Rep Raskin is showing the long, consistent history of Trump instigating violence. This context is necessary. They should extend documentation to Trump's advisors -- like Roger Stone calling for a "bloodbath" since 2016 if Trump loses an election #ImpeachmentTrial
— Sarah Kendzior (@sarahkendzior) February 11, 2021
Good to see the paper of record highlighting this important national news story that we’ve been covering at @theintercept for the past eight months.
Going to provide some links and info for those who might be interested in reading more on the topic.
In June, a trove of hacked law enforcement documents was posted online. I went through hundreds of those files to look at how law enforcement was treating antifa/anarchists vs groups on the far right.
Part of the reason I did this was because we had already published reporting showing that the NYPD was using a curfew in response to the George Floyd protests to hand over demonstrators to the FBI for questioning. Antifa was a subject of the interviews.
You can find that original reporting here: https://t.co/7vD7QuNLZP
And in more depth here:
As expected, the analysis of the docs posted online showed extensive law enforcement emphasis on antifa/anarchists even amid detailed evidence of threats and action from far right groups, including the murder of law enforcement
Going to provide some links and info for those who might be interested in reading more on the topic.
In June, a trove of hacked law enforcement documents was posted online. I went through hundreds of those files to look at how law enforcement was treating antifa/anarchists vs groups on the far right.
Part of the reason I did this was because we had already published reporting showing that the NYPD was using a curfew in response to the George Floyd protests to hand over demonstrators to the FBI for questioning. Antifa was a subject of the interviews.
You can find that original reporting here: https://t.co/7vD7QuNLZP
And in more depth here:
As expected, the analysis of the docs posted online showed extensive law enforcement emphasis on antifa/anarchists even amid detailed evidence of threats and action from far right groups, including the murder of law enforcement
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Stan Lee, who died Monday at 95, was born in Manhattan and graduated from DeWitt Clinton High School in the Bronx. His pulp-fiction heroes have come to define much of popular culture in the early 21st century.
Tying Marvel’s stable of pulp-fiction heroes to a real place — New York — served a counterbalance to the sometimes gravity-challenged action and the improbability of the stories. That was just what Stan Lee wanted. https://t.co/rDosqzpP8i
The New York universe hooked readers. And the artists drew what they were familiar with, which made the Marvel universe authentic-looking, down to the water towers atop many of the buildings. https://t.co/rDosqzpP8i
The Avengers Mansion was a Beaux-Arts palace. Fans know it as 890 Fifth Avenue. The Frick Collection, which now occupies the place, uses the address of the front door: 1 East 70th Street.
