I wouldn't hate it if appellate courts had fact checkers and experts they could run opinions by for accuracy.
Not as in, "this is mandatory," but law clerks are never going to be as good at researching factual questions as, say, @RottenInDenmark. It would be cool to have someone smart on hand to look into stuff like "how does this technology work?" or "are these statistics trustworthy?"
You could call them fact clerks!
So if, for some reason, you're not just gonna roll with the trial court's factual findings, you'd have a way to sift through all the amicus briefs talking about stuff outside a judge's expertise.

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More from @ASFleischman

26 Oct
I had no clue until right this minute that Ron Coleman represented Laura Loomer in a lawsuit that a federal judge called "nonsensical."

He said that asking Twitter to ban someone was tortious interference.

courtlistener.com/recap/gov.usco… Image
Here's the courtlistener page if anyone wants to pony up the PACER fees to read the complaint.

courtlistener.com/docket/1609748…
I love this argument. "CAIR is basically Hamas. The terms of service are too vague. And other people also say dumb, racist shit on here so...." ImageImage
Read 16 tweets
16 Oct
Melania Trump has "written" an editorial defending her decision to have the US Government enforce her private non-disclosure agreement.
She accuses her assistant, who recorded her saying she did not care about detained children taken from their parents, of not caring for others.
Melania argues that the media has unfairly chosen not to focus on her positive work.
Read 7 tweets
16 Oct
Dear God whenever 538 strays from sports or polling it is just a disaster and the legacy continues:
ONE IN SEVEN CHILDREN who run away from home are "likely victims of child sex trafficking" 538? REALLY? That would be 120,000 children a year.
You're a statistics and polling website, and you decide to run an article with EXACTLY ONE STATISTIC and you do NO WORK to ensure that it's accurate.
Read 6 tweets
15 Oct
There are some reports that Giuliani is distributing a video of Hunter Biden smoking crack and having sex. I think this may pose some problems under Delaware's revenge porn statute. /1
The statute makes it a misdemeanor to distribute images of someone engaging in sexual conduct without their consent if they have a reasonable expectation of privacy.

I haven't viewed the video, so I don't know if Biden had that expectation, but this does seem nonconsensual. /2
The statute suggests some aggravating factors that are present here, such as including the identity of the person filmed, distributing to "annoy" that person, and possibly that the images are distributed for "profit."
Read 8 tweets
14 Oct
I feel like I could make some brave new law on standing if I sued for an injunction requiring judges to wear flannel pajamas and terrycloth robes for zoom proceedings
"But Mr. Fleischman how are you injured by black robes?"

"Your honor the word coziness does not appear in the Constitution but a semantic analysis of the Federalist papers reveals..."
"The Tennessee Supreme Court says you win!"

"Seems weird I sued in South Carolina ..."
Read 4 tweets
13 Oct
It certainly might SEEM crazy that the governor of a state can arbitrarily limit access to ballot boxes based on vague, poorly articulated security concerns. It might seem like a lot of last-minute election changes geared at suppressing turnout are, in fact, corrupt. But really/1
Sorry, Twitter has ordered that all reasonable explanation for the actions of a government official must be contained in one tweet. /2
Here's the opinion, which was visited, rather generously, by the Italics fairy

ca5.uscourts.gov/opinions/pub/2…
Read 13 tweets

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