Posts by Teri_Kanefield@law-and-politics.online
(DIR) Post #AbSvLiPqx8KjVZHdQG by Teri_Kanefield@law-and-politics.online
2023-11-04T13:38:39Z
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I am trying to find a few 2018 pieces written by @virginiaheffernan all about Ivanka and the women in Trump world.They were brilliant. I'll try to find them. The clerk is smart. Serious. No-nonsense. She is paying close attention. She doesn't defer to the men. Her attitude is probably "I am as smart as the judge." She watches the courtroom with sharp eyes and takes it all in.They assume, therefore, that she hates them.That is my latest theory.3/
(DIR) Post #AbSvLms0OPEHK2UArI by Teri_Kanefield@law-and-politics.online
2023-11-04T13:40:50Z
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Someone asked: "I've read suspicions that they are trying to provoke the judge and get some grounds for a later mistrial. What's your thought on that?"That won't work. I spent 12 years writing appeals for people who lost their trials, so I can speak with confidence when I say provoking a judge doesn't get you a mistrial.Provoking a judge makes you look bad in front of appellate judges, most of whom were trial judges and are generally in sympathy with the judge.4/
(DIR) Post #AbSvLoPMfrVY5n6KUi by Teri_Kanefield@law-and-politics.online
2023-11-04T13:43:48Z
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Sometimes the most direct and obvious answer is the correct one. Trying to provoke a judge is one of the stupidest things a litigator can do.After seeing what the cleck looks like on the bench, the simplest explanation is that the judge's sense was probably correct.I only saw a few pictures of how she looks on the bench, but from the pictures, I'll say this: If she were a man, they'd take her seriously.Trump world can use women (and like to have women around them!). That's different.5/
(DIR) Post #AbXLUvgmLeR0ij5uAC by Teri_Kanefield@law-and-politics.online
2023-11-06T17:35:04Z
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Do you swear to tell the whole truth?I do. Believe me, the statement I presented to the bank was the best bank statement ever presented to any bank. It was a winning bank statement. Everyone says that. They come to me and say, 'Sir, how do you write the best bank statements,' and I say, 'I only hire the best lawyers.' And this whole trial is very unfair because everyone Hates Trump.
(DIR) Post #AbmlKkUZLiaJTqRYrQ by Teri_Kanefield@law-and-politics.online
2023-11-13T22:27:56Z
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This is insane. The "boss" said he planned to stay in power. Keep in mind that that particular "boss" is the likely nominee of a major American political party. https://abcnews.go.com/US/boss-leave-proffer-videos-show-trump-lawyers-telling/story?id=104831939h/t @GottaLaff
(DIR) Post #Absp6gTfaO5FAovo3c by Teri_Kanefield@law-and-politics.online
2023-11-17T01:30:37Z
1 likes, 2 repeats
If you find yourself in a constant state of rage, it is not because of Trump.It is because of how you are getting your news.Trump does not have the power to reach into your brain and rile you up.
(DIR) Post #AbuPWkInmNGe4ZXCD2 by Teri_Kanefield@law-and-politics.online
2023-11-17T01:42:54Z
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The problem is this: We are currently in an information disruption.The way people are getting their information is creating misinformation-rage cycles. It seems to me that these cycles will not end until we work our way out of this disruption.The last major information disruption was the printing press and it caused havoc.The firehose of rage is the result of two things: how people get their information and the complexity of our legal system. I've been writing about this.
(DIR) Post #AbwMKjupToYrqtpBwm by Teri_Kanefield@law-and-politics.online
2023-11-18T02:46:13Z
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Answering this question: https://law-and-politics.online/@shorty60@mastodon.sdf.org/111429189190084052Nobody really knows what is meant by "officer of the government." It might include the president. It might not. A president occupies a unique position under the Constitution.Basically what the judge did was punt the issue to the appellate court. The judge found that Trump incited an insurrection (a finding of fact) but didn't find that he was an officer of the federal government (a matter of law).Here's why the distinction matters . . .1/
(DIR) Post #AbwMKkrJyLLimJBu7M by Teri_Kanefield@law-and-politics.online
2023-11-18T02:52:27Z
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If an issue that goes to an appellate court is an issue of law, the appellate court reviews de novo, which means that no deference is given to the lower court.See:https://www.law.cornell.edu/wex/de_novoWith an issue of fact, appellate courts are more deferential to lower courts.I didn't read the decision but this is from ABC⤵️ As far as what the judge was thinking, your guess is as good as mine, but from this, I'd guess that . . . 2/
(DIR) Post #AbwMKlosOuzJl13Swi by Teri_Kanefield@law-and-politics.online
2023-11-18T02:54:13Z
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. . . the judge found more textual support for finding that the president is not an officer than for the finding that he is.Picture a balance scale with slightly more weight on one side.So now it goes to the appellate court, which might have more nerve than the trial court. The important part of the finding, though, was that he incited an insurrection.The appellate court can overturn that, but it unlikely and more difficult because of the greater deference to findings of facts.3/
(DIR) Post #AbwMKmZfawQ068wpsm by Teri_Kanefield@law-and-politics.online
2023-11-18T03:00:26Z
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Welcome to the world of constitutional and statutory interpretation.Basically, the Constitution means whatever the Supreme Court says it means because the Supreme Court is the final arbiter and the Constitution is stuffed full of phrases and words that can be interpreted in different ways. An interpretation of the word "reasonable" in the Fourth Amendment has literally filled books. 4/
(DIR) Post #AbwMKnXvyscl738xoe by Teri_Kanefield@law-and-politics.online
2023-11-18T03:07:33Z
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The Third Section of the Fourteenth Amendment was added to the Constitution after the Civil War to keep former Confederates out of the government.The idea was to prevent backsliding.It didn't work because, by the late 1890s, the government and Supreme Court were stuffed full of Confederate sympathizers who rolled back the advances made during Reconstruction and gave us racial segregation. You can keep out the insurrectionists but not the insurrection sympathizers.5/
(DIR) Post #AbwMKoRadx8xtfBPZA by Teri_Kanefield@law-and-politics.online
2023-11-18T03:56:26Z
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Judge Luttig offered a passionate critique of the Colorado judge's decision.With most legal issues, it is possible to argue both sides.People read these passionate critiques and think "The judge was wrong." The only conclusion is "Luttig believes the judge was wrong."Maybe my attitude comes from defense appellate work, which means mostly losing and rarely liking court decisions. (My clients always lost at the trial level and the presumptions on appeal were against them.)6/
(DIR) Post #AbwMKpE9jNzYKHuCGW by Teri_Kanefield@law-and-politics.online
2023-11-18T04:14:33Z
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Adding one more comment: The court left wide open the possibility that the appellate court may find that Trump was an officer.Sort of humbly, the court didn't think it should be the one to make the call. I think that Colorado certainly has the right to keep Trump off the ballot. I also think that these court proceedings would satisfy due process.So we'll see. 7/
(DIR) Post #AbwMKpzeslzOhc88J6 by Teri_Kanefield@law-and-politics.online
2023-11-18T17:47:31Z
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If you all want to dissect the court's reasoning, the full decision is here:https://s3.documentcloud.org/documents/24171350/109394065.pdfThe parts about whether Trump is an officer start at about page 100.(Wasn't that nice of me to provide a Cliff Notes so you can you skim 100 pages to get to the controversial part?)Here's the proper way to do legal analysis: Try to be neutral and objective. Don't think "I want Trump off the ballot" ask: "What are the arguments on both sides, and which is stronger?"Not that . . .8/
(DIR) Post #AbwMKqq7jhxNKKg25I by Teri_Kanefield@law-and-politics.online
2023-11-18T17:49:22Z
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. . . I haven't strongly suspected that judges often begin with the conclusion they want and then work backward to justify it.But to do it right as a legal exercise, try to see it from both sides.The court found "persuasive arguments on both sides" of this issue.9/
(DIR) Post #AbwRj3u9JQESZGvKee by Teri_Kanefield@law-and-politics.online
2023-11-17T02:04:56Z
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I'm over my self-pitying rant.I will stop reading comments before I stop posting.I think, though, that helping people understand the First Amendment issues at stake in the gag orders is less important than helping people understand that the real danger to democracy is misinformation and disinformation, and these things cannot be fixed through the legal system.
(DIR) Post #AbwWDQWqA1aDEtkuyO by Teri_Kanefield@law-and-politics.online
2023-11-18T18:04:01Z
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Since there has been a lot of criticism of Mastodon (and I did have that little meltdown) I'll tell you all why this remains my favorite platform:I find the discussions here are more intelligent than on other sites. I often come here to bounce ideas around and usually share blog posts here first.If I make a mistake, I can count on someone here to point it out 😂 I am now putting the discussion of the Colorado case on my blog.
(DIR) Post #AcFb7Z9pMCt82PFrmq by Teri_Kanefield@law-and-politics.online
2023-10-08T21:20:59Z
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Hypothesis: Disinformation and hate-generating tactics are behind every human-generated crisis. Evil people either instinctively or deliberately use these tactics. It's how democracies topple. It's how authoritarians rise. It's how evil goes unchecked. And that is all I have to say today.
(DIR) Post #AcNAuYFaNKd5urlGHA by Teri_Kanefield@law-and-politics.online
2023-12-01T17:20:44Z
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I posted my first thread in my new home. You can find it here:https://mastodon.social/@Teri_Kanefield/111506230823887255(Until I initiate the migration function, I will post there and do links here. The last time I tried migration, I had issues with it, so I'd like to move as many people as possible first so I don't lose people again in Mastodon Purgatory.)