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Josh Gerstein Profile picture
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28 Mar, 4 tweets, 2 min read
NEW: Feds defend use of '68 anti-riot law critics say is racist. Justice Dept boasts of charging 80+ cases in response to last year's #BLM protests & #CapitolRiots Earlier: politico.com/news/2021/03/1… New doc: documentcloud.org/documents/2053…
Note: Unlike a similar filing in Oregon a couple weeks ago, this new one has sign-off of DOJ HQ's National Security Division. DOJ wouldn't say if it signed off on the earlier one.
The new Main-Justice-approved brief appears to omit the provocative claim that prosecutors' use of the statute, which has an interference-with-commerce provision, was appropriate because many #BLM demonstrations included paid protesters.
New brief also works in a Bobby Kennedy quote and notes the final legislation was a compromise that many saw as advancing civil rights

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More from @joshgerstein

Josh Gerstein Profile picture
26 Feb
Gina Bisignano, Beverly Hills nail salon owner and charged in #capitolriot was arrested in L.A. five weeks ago and still stuck in system. Currently, in Oklahoma, perhaps at Marshals Service transport hub there. Bail hearing underway now. Earlier: politi.co/3a1rnoJ
"She certainly drank the Trump Kool-aid," defense lawyer Charles Peruto said. Says his client didn't do anything more than shout into a bullhorn on 1/6. "In reality, this is nothing, but free speech."
Judge Carl Nichols, uses phrase I think bespeaking his generation, says defendant was right there as the crowd was 'wailing on' police. Prosecutor says she abetted man who broke window in Capitol: 'She has her hands on him. She’s touching him and directing him.'
Read 6 tweets
Josh Gerstein Profile picture
24 Nov 20
JUST IN: Carson City, NV judge hearing election challenge filed by Trump electors has set a hearing for 12/3 at 130PM local. Will allow 15 depositions for each side between now and then. Atty is @SidneyPowell1's co-counsel in Flynn case, @jbinnall.
Binnall said part of the challenge is over the use of Agilis scanner and signature matcher. 'It is important, for sure, but is far from the main meat of our challenge," he said.
We could see fight over secrecy relating to witnesses. Binnall said he wants a protective order b/c of threats, but idea that a presidential election challenge will be resolved based on secret testimony seems highly implausible. List of challenger witnesses due by 5PM local tomw
Read 4 tweets
Josh Gerstein Profile picture
23 Nov 20
JUST IN: Trump appeal brief for 3rd Cir. due at 4:00PM, filed at 4:19PM. Doc: bit.ly/2KBdNhx Earlier: politi.co/36WChJA
Not sure what to make of it, but only lawyers who signed this brief are Marc Scaringi and Brian Caffrey. Also the brief throws Kerns under the bus, says she was responsible for the 1st Amended Complaint Trump campaign now says was erroneously filed.
Another Q for the lawyers: if you cite a district court opinion that has been stayed by published appellate court opinion, are you supposed to note that as well? Like this one: bit.ly/370aJD3
Read 4 tweets
Josh Gerstein Profile picture
17 Nov 20
Important point since Giuliani is arguing right now for 'canceling of these ballots'....almost 700,000 the Trump campaign says were counted w/inadequate observation....
Another atty for SOS Boockvar, Mark Aronchick, just quoted Saylor's dissent from PA Supreme Court ruling where he said ballots shouldn't be thrown out even if observers were mistreated
Here's my report from inside the modest courthouse in a central PA city of 28,000 where Giuliani is trying to rescue the Trump campaign's foundering effort to challenge the election results politico.com/news/2020/11/1…
Read 22 tweets
Josh Gerstein Profile picture
17 Nov 20
Greetings from Williamsport, PA where Trump lawyer Rudy Giuliani just arrived for a hearing on Trump suit trying to block certification of Biden win in the state
There are about 50 Trump supporters in a Wegman's parking lot across the street, chanting "Stop the steal!" "Dead people can't vote" and "Four more years!" But as Rudy arrived they broke out into "Rudy! Rudy! Rudy!"
Rudy is sitting in the courtroom now at counsel table. I believe Linda Kerns the PA local counsel is sitting next to him. Hearing seems like it is about to start...
Read 10 tweets
Josh Gerstein Profile picture
17 Nov 20
NEW: The Trump campaign's lawsuit seeking to throw out the PA election results descended into farce Monday night. The campaign moved to replace its whole legal team, then asked for a delay, just after assuring judge a new atty was prepared for hearing tomw politi.co/2Kf0rYa
Judge denied the continuance and has only approved the exit of 2 out of state lawyers, not the local counsel who helped launch the suit. Told the lawyers to be prepared for argument & questioning.
The new attorney, @MarcScaringi, is a lawyer and conservative talk radio host who ran unsuccessfully for the GOP nominate for the U.S. Senate in 2012, coming in 5th out of 5. He also predicted less then 10 days ago that the Trump campaign's legal efforts would come to naught
Read 4 tweets

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