Post AYbQQeP9CcAP4MRV9E by CosmicTraveler@mastodon.social
(DIR) More posts by CosmicTraveler@mastodon.social
(DIR) Post #AYZDIsf0d1JhFJuGf2 by heidilifeldman@mastodon.social
2023-08-09T21:00:33Z
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Just read the DC Circuit’s opinion upholding lower court determination that X, formerly known as you-know-who, was in contempt of a search warrant when X delayed turning over materials related to Trump’s account. The opinion is technical in places. The main substantive issue is whether X had a #FirstAmendment right to communicate with #Trump about the warrant. 1/ (thread) Opinion at https://storage.courtlistener.com/recap/gov.uscourts.cadc.39513/gov.uscourts.cadc.39513.1208541751.0.pdf #LawFedi
(DIR) Post #AYZDIuiGzr7Fc1Ru1g by heidilifeldman@mastodon.social
2023-08-09T21:07:02Z
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The search warrant arose from #DOJ investigation into #Trump efforts to interfere with the 2024 election results. It came with a “non-disclosure” order, forbidding X from revealing or discussing it with Trump or anybody else. This is what X argued violated the #1A. DC Circuit case applied “strict scrutiny,” an exacting standard, to assess this claim. 2/
(DIR) Post #AYZDIwgvdpEFkQprCy by heidilifeldman@mastodon.social
2023-08-09T21:13:04Z
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To survive strict scrutiny, the non-disclosure order had to serve a compelling government interest that could not have been served another way, and it had to be narrowly tailored so as to serve that interest. The interests the government asserted were in preserving and maintaining the integrity and secrecy of the #J6 investigation. Now, here’s the striking bit…. 3/
(DIR) Post #AYZDIyVIu17PMxPbMm by heidilifeldman@mastodon.social
2023-08-09T21:18:29Z
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The District Court held, and the DC Circuit just affirmed, that the integrity and secrecy of the #J6 investigation required X not to communicate the existence or contents of the search warrant for materials connected with Trump’s bird site account would have alerted Trump that the court that had issued the warrant had found probable cause that evidence of a crime might be found in Trump’s account AND that if Trump knew this… 4/
(DIR) Post #AYZDJ0KO7ZZj1gJud6 by heidilifeldman@mastodon.social
2023-08-09T21:22:54Z
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… Trump might well destroy or otherwise tamper with evidence or intimidate potential witnesses or notify his confederates in criminal behavior. In other words, the District Court thought there was a serious possibility that Trump would illegally interfere with the #J6 grand jury investigation. 5/
(DIR) Post #AYZDJ26HWzToWVjfv6 by heidilifeldman@mastodon.social
2023-08-09T21:27:10Z
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It is easy to lapse into just nodding along with the District Court’s finding. After all, #Trump has always and forever been playing games with judicial proceedings. But this really is striking: the District Court and the DC Circuit Court have both determined that he could not be trusted not to actively meddle with an ongoing criminal investigation by messing with evidence, menacing witnesses, telling his cronies about the nature of the investigation. #LawFedi 6/
(DIR) Post #AYZDJ3twpono6pyqyO by heidilifeldman@mastodon.social
2023-08-09T21:31:11Z
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This conclusion about the likelihood of base and criminal behavior from Trump is just that: a considered, careful conclusion by two courts of law. These courts are not making cocktail party chat or social media pronouncements. They are saying that a grand jury investigation had to be protected from illegal meddling and tampering by a former U.S. President. 7/
(DIR) Post #AYZDJ4g9wZMoWMXM7U by heidilifeldman@mastodon.social
2023-08-09T21:35:36Z
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Assuming the courts were correct about what Trump would likely do were he aware that his bird site account probably included evidence of his criminal activity, we once again must appreciate that this former President cannot be trusted not to engage in the most conventional thuggish criminal conduct to avoid criminal prosecution and penalties. 8/
(DIR) Post #AYZMsO4UjYpuO9phaa by LisaSpartan@mastodon.world
2023-08-09T23:25:26Z
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@heidilifeldman @CosmicTraveler Is he not considered a flight risk because he is so well known?
(DIR) Post #AYZNsgaG0OyZl2ObHE by mayonesa@berserker.town
2023-08-09T23:36:41Z
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@heidilifeldman No, they are saying that this has to be litigated. The case could not be dismissed out of hand for reasons of form.
(DIR) Post #AYZXMdUexVEWRr8Lzs by heidilifeldman@mastodon.social
2023-08-10T01:22:55Z
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@LisaSpartan I don’t know the District Court’s reasons for thinking Trump a flight risk. DOJ withdrew its contention he was. The District Court’s analysis rested on the likelihood of witness intimidation, destruction of evidence, and informing confederates - flight risk was not relevant to its opinion or to appellate court’s @CosmicTraveler
(DIR) Post #AYZpHxIdgtyrbRQfFw by rombat@sfba.social
2023-08-10T04:43:46Z
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@LisaSpartan @heidilifeldman @CosmicTraveler Maybe that would be an acceptable outcome.
(DIR) Post #AYaqT7EhNkMqiZQo5Y by skydog@sfba.social
2023-08-10T16:23:44Z
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@heidilifeldman @LisaSpartan @CosmicTraveler I'd agree with Trump not being considered a 'substantial' flight risk. He lives in a bounded universe, with Secret Service protection. To remove himself beyond extradition, he would have to deceive and bypass so many people, from the SS down to the fuelers who would service his jet, that he could be easily stopped.From one who used to have to obtain international flight diplomatic clearances, he could never leave US airspace without the complicity, and the willingness to be jailed themselves, of a multitude of people.
(DIR) Post #AYaqT8BBsH9hdynWG8 by LisaSpartan@mastodon.world
2023-08-10T16:31:43Z
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@skydog @heidilifeldman @CosmicTraveler Thanks for considering and answering my question. That’s what I assumed but when I saw it was initially cited ( but dropped) as a concern I was wondering how that would ever work. Not like he’s some Navy Seal that could “clandestine” his way out, lol.
(DIR) Post #AYbCqhY6jdPgzcA4Ia by skydog@sfba.social
2023-08-10T16:33:24Z
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@heidilifeldman @LisaSpartan @CosmicTraveler And I guess the kicker is that while there are nations with which we have no extradition treaty, that does not mean that he could not be expedited, with the cooperation of the particular nation.And there are few nations, except for the scrappiest ones, who would not cooperate, in my opinion.
(DIR) Post #AYbCqiMnh9xlWpsYJU by LisaSpartan@mastodon.world
2023-08-10T20:42:29Z
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@skydog @heidilifeldman @CosmicTraveler I think Afghans would be loving and accepting of him.
(DIR) Post #AYbFxg2b2abKCkRLqC by skydog@sfba.social
2023-08-10T21:16:01Z
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@heidilifeldman @LisaSpartan @CosmicTraveler OOPS! Just saw a statement Trump made that he would prefer living in Europe. I seem to recall the Ayatollah Khomeini living in France, under non-extradition protection, for 10 years prior to the Iranian Revolution.
(DIR) Post #AYbFxgy1b4XR4rJDM0 by LisaSpartan@mastodon.world
2023-08-10T21:17:22Z
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@skydog @heidilifeldman @CosmicTraveler which is exactly why we should only send him to jail.
(DIR) Post #AYbGE0j7tlvwzi7bdI by LisaSpartan@mastodon.world
2023-08-10T21:20:19Z
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@skydog @heidilifeldman @CosmicTraveler or somewhere without internet, or European toilets. Can you image??? Lol. I don’t know which would be worse for him.
(DIR) Post #AYbQQeP9CcAP4MRV9E by CosmicTraveler@mastodon.social
2023-08-10T23:14:39Z
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@LisaSpartan @skydog @heidilifeldman I think the point that former NY prosecutor Karen Friedman Agnifailo makes at about 46 Mins into this podcast is interesting. She says she has never seen a defendant treated as lenient as Donald Trump has been treated in her entire life. https://www.youtube.com/live/slluj5mrU4o?feature=share
(DIR) Post #AYeq4BjwHE3i4xzt1U by _ohcoco_@mastodon.social
2023-08-12T14:46:02Z
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@LisaSpartan @skydog @heidilifeldman @CosmicTraveler oh, the image in my head rn 😄