Burkman and Wohl arraignment is up. Amadeo and Grabel representing defendants.
Arraignments are typically exceedingly boring and pro forma, but if you want to watch, live now:
Burkman appearing with an American flag mask.

Both defendants plead not guilty.
State is currently arguing for a high bond and conditions on liberty to prevent further misconduct from Burkman and Wohl during the election.
State says search warrants tracing the robocalls led to Brukman's phone number.
State says that Wohl's involvement can be demonstrated from emails setting up the robocalls.
Whoa. State says Wohl and Burkman brought a film crew to the Detroit Detention Center to film them paying their bonds this morning.

One of the reasons the State says a high bond is required.
State says bond should be $1 million.
Counsel Grabel mocks the State, asks "is your Attorney General going to go on Maddow next?"
Okay, so this is going to be a little more contentious than the typical arraignment.

Grabel is arguing that the robocall is protected speech (as expected).
Court has listened to their arguments.

Bond condition: no robocalls or other communications directed at multiple recipients.

Bond set at $100,000 for each.
$100,000 bond, each, set for Jacob Wohl and Jack Burkman.

And the Court imposes a bond condition of no robocalls or other communications directed at multiple recipients until November 4.
Scott Grabel is now arguing at the judge, urging him to reconsider.

Judge says he appreciates the argument, but nope. Says he can "take it to a higher authority" or address it at the PC conference.
I was thinking about their driveway pressers. Isn't that a "communication directed at multiple recipients"?
Wrapping up the Burkman/Wohl news.

Both plead not guilty.
State seeks $1 million bond.
State says they brought a film crew to the detention center to film them paying.
Counsel argues robocalls are free speech.
Court sets bond at $100,000.
Unclear if they brought that much cash.
Slight procedural update. The Burkman and Wohl cases were assigned after arraignment to different judges.

This thorough court-watcher stuck around, and the Burkman and Wohl cases will now be heard together. Thanks, Graeme. -->

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More from @gabrielmalor

8 Oct
Lawgeeks, you can read the affidavit in support of the criminal complaint against militia members who plotted to kidnap Gov. Whitmer courtesy of Detroit News --> detroitnews.com/story/news/loc… Image
Entrance to the plot, according to the affidavit:
•Croft and Fox met through social media.
•CHS-1 comes in at June 6 right-wing Ohio meet-up.
•Garbin (militia leadership)and CHS-2 come in at the June 18 Second Amendment rally in Lansing.
•Franks, Caserta come in at a tactical training camp June 28.
•Harris is at a meet-up in Ohio in July 18 where they talk about shooting up Whitmer's vacation home.
Read 4 tweets
6 Oct
Huh, that's a little weird. The McCloskey's have been charged with unlawful use of a weapon and evidence tampering.

But no details yet as the indictment isn't available (ugh, stone age courts).
kmov.com/news/mccloskey…
I would imagine the GJ was told that the gun wasn't actually disabled at the time of the confrontation outside their house, and was subsequently tampered with before the police seized it.

But recall the McCloskey's said it had previously been disabled for use during a trial.
Anyway, I guess we'll see.
Read 6 tweets
6 Oct
Alright, lawgeeks, Tanzin is now beginning at SCOTUS here: c-span.org/video/?469264-…
Hmmm, somebody hung up the phone on C-SPAN's SCOTUS argument line. . . .
Whalp, that's annoying.
Read 4 tweets
6 Oct
Lawgeeks, there's an interesting statutory interpretation case coming up for argument at SCOTUS in a little bit this morning, Tanzin v. Tanvir.
This is about RFRA, but calling it a religion case misses the point.

The question is whether the statute authorizes money damages against federal employees in their personal capacities for RFRA violations.
Ordinarily, we expect Congress to speak explicitly when it makes the federal (or state) government's liable for monetary damages.
Read 15 tweets
1 Oct
Here're the felony complaints against Burkman and Wohl.

michigan.gov/documents/ag/B…
BTW, according to the Michigan AG, she learned during the investigation that similar robocalls were made in New York, Pennsylvania, Ohio, and Illinois.

So this may only be the start of Burkman and Wohl's problems.
Here's a transcript of the Burkman/Wohl voter-suppression robocall.

They were clever enough to include their own names.
Read 8 tweets
30 Sep
Fed. judge rejects Trump campaign's lawsuit seeking to prevent the governor's order allowing counties to opt-in to mailed voting. ecf.mtd.uscourts.gov/doc1/111127887… Image
This is a slap. Image
"Plaintiffs have not introduced even an ounce of evidence supporting the assertion that Montana’s use of mail ballots will inundate the election with fraud." Image
Read 5 tweets

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