Here's my major question. A magistrate judge in Fulton County apparently found probable cause to believe that this would be Rep. Cannon's third conviction for disrupting the General Assembly.

Is that true?

And if not, will there be false statement charges brought?
This isn't a small thing. To justify the arrest in the first place, the rep had to be committing a felony. And you can't commit obstruction during an unlawful arrest.

So who told Judge Chung this was her third offense?
Here's the punishment part of the code section. If it's not a felony, the arrest is facially unconstitutional.

This is something that someone needs to investigate.

law.justia.com/codes/georgia/…
The entire reason that we have a special privilege for members of the General Assembly from arrest is so that they can't be arbitrarily detained to keep them from voting on things.

But if officers can just claim any "disruption" is a felony...that protection ends.
Oddly enough, I don't see any prior arrests for Rep. Park for interference with the General Assembly.

The judge and the officer swearing to the judge that this was her third offense would have access to this database.

It's right here:

justice.fultoncountyga.gov/PAJailManager/…
And normally, I wouldn't consider a jail database conclusive but the General Assembly is in Fulton County, so obviously, she couldn't violate this law elsewhere in the state.

I hope there's a recording of this warrant application.
Tip of the hat to @lordmegan for pointing out the problem.
And here's the constitutional provision:

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More from @ASFleischman

26 Mar
Georgia's felony obstruction statute is a mess, requiring only that someone "offer violence" to an officer. Georgia courts have held this can include passive resistance.

And the General Assembly recently bumped the minimum up to 3 years.

But wait, it gets worse:
A recent Court of Appeals decision claimed that when the word "shall" is used in a statute to refer to imprisonment, that means the sentence can't be probated or suspended.

Which means that nonviolence resistance would carry mandatory prison time. Every time.
Here's that case, for the curious:

casetext.com/case/state-v-l…

In short, under the new version of the felony obstruction statute, under the new COA interpretation, it's not clear that anyone in the Civil Rights movement would have gotten out of prison long enough to be assassinated
Read 6 tweets
25 Mar
It's nuts to me that we refer to "Old Testament" justice as especially severe when all debts were forgiven every seven years and it was almost impossible to get a conviction by design.

As our tribe got bigger, we got less merciful.
Imagine how rarely you could get two or three eyewitnesses to a crime when a finding of falsity meant punishment for the witness!
And even when we used to torture people as a way of determining innocence, priests would cheat the process. One law review article showed that more than half of people were acquitted in a process that involved being branded with hot irons!
Read 5 tweets
6 Mar
A wealthy Pickens County family is suing a local grocery clerk for criticizing them on Facebook. They say she "misapprehends" her First Amendment rights.

We have filed an anti-SLAPP in response. Let's discuss.
William Cagle, a former Pickens County Planning Commission member, says it is defamatory to call him "homophobic."

In a since deleted Facebook post, he says that trans people are "freaks" who can't "make up their mind where to take a leak."
Thelma Cagle says it is defamatory to say she was at the insurrection.

But she also said that she would be in Washington D.C. on January 6 and that it would be "epic."
Read 14 tweets
22 Feb
Jodi Shaw resigned from Smith College, saying that the school tried to buy her silence about persistent discrimination against white employees.

The President of the school now responds, saying that Shaw demanded money to sign a confidentiality agreement.

smith.edu/president-kath…
Here's Shaw's statement, for contrast:

bariweiss.substack.com/p/whistleblowe…
To be clear, I have no idea what a "standard confidentiality agreement" is in an academic setting and I'd love to learn what was meant by that.
Read 6 tweets
15 Feb
Bari Weiss' defense of Carano depends on intent. She says because no anti-semitic intent, Carano should not have been fired. But in the process, she compares Carano's piece to this, from Pedro Pascal: /1
But she doesn't take the next step. What was Pedro Pascal's intent? How do we know what his intent was? What's the context of his statement? These are all things we use to look at intent, past simply asking a person what their intent was. /2
To give an example, the Proud Boys have filed lawsuits to prevent anyone from calling them racist. Should that, alone, insulate them from charges of racism? Or do you have to look at the context of what is said and figure it out? /3
Read 7 tweets
15 Feb
Georgia takes its new "good faith" exception out for a spin in Lofton, where it refuses to rule on whether a 4 day CLSI search violates the 4th Amendment, saying instead that the officers relied in good faith on existence law:

gasupreme.us/wp-content/upl…
This ruling is contrary to the Ga Constitution, which has never protected the "good faith" mistakes of officials who violate the law. in Johnston v. Riley, 13 Ga. 97, 1853, SCOG ruled that a governor could not raise good faith as a defense to a technical deficiency in a warrant.
It is also, as @OrinKerr often points out, deeply pernicious to the development of 4th Amendment caselaw. Now there is no Georgia ruling on whether a 4 day CLSI search is constitutional.

It would certainly be a better deterrent if officers knew whether or not that was allowed.
Read 4 tweets

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