Thread by @glennkirschner2

I think the Stone commutation should be challenged as the product of a criminal conspiracy. You can’t win the case you don’t bring. We made law in DC by bringing the fist case of urban warfare homicide liability for ALL participants in a gun battle committed in a manner that ...

https://twitter.com/ProfBrianKalt/status/1314933070424936451

endangered the lives of innocent bystanders. I was told it couldn’t be done because there was no precedent. We did it, and the DCCA sanctioned/adopted it as a lawful theory of homicide liability. I was told I could not try a killer in absentia from his hospital bed at the

United Medical Center after he starved himself into physical incapacitation such that he could not be transported to the courtroom to be present at the “commencement of his trial.” I was told it couldn’t be done because there is no precedent (indeed, there is contrary precedent).

I did it. The defendant, Albrecht Muth (subject of the Christoph Watlz movie, “Georgetown”) is now serving 30 years for murdering his wife, Viola Drath. I spent my entire career fighting against the answer that I can’t do something that is the fair/right/just thing to do because

“there is no precedent” (or contrary precedent). The only way to create precedent is by doing something for the first time, taking a maiden legal voyage. Indeed, timidity in our legal practice has created far more problems than it has remedied. Hope I don’t sound like I’m

venting (ok, I’m venting a little), but for too long we have refused to take the gloves off and fight for what’s right in the courts AND in Congress. If we don’t start fighting sometime soon, we may just lose our republic. #GlovesOff

#GlovesOff