@azaustinsmith 1/ The first Amendment right of free speech is subject and abridged by to the law of libel and slander, incitement to riot, copyright infringement, unfair competition, and criminal conspiracy.
@azaustinsmith 2/ The First Amendment's Establishment clause does not forbid secular prayers by government, putting "In God We Trust" on currency nor require the government to permit religious snake handling, bigamy, child abuse, or human sacrifice.
@azaustinsmith 3/ The First Amendment right to peaceably assemble does not prevent governments from limiting where protests may occur, requiring permits for marches, or, yeah, enforce social distancing during pandemics.
@azaustinsmith 4/ First Amendment freedom of the press is likewise subject to and limited by the civil law of defamation, privacy and copyright, and may be abridged for national security reasons under compelling circumstances.
@azaustinsmith 5/ The Fourth Amendment right to security of person, home and papers and requirement of a warrant made upon showing of probable cause is riddled with exceptions. Cops may search and seize evidence without a warrant for safety, to prevent destruction of evidence...
@azaustinsmith 6/ ...The police may use devices to record all of the phone numbers from your incoming and outgoing calls, header information from emails, collect cell phone metadata, go through your garbage, seize any evidence of criminal activity in plain view.
@azaustinsmith 7/ Your Fourth Amendment rights are extremely curtailed when you are pulled over. Cops may set up checkpoints as long as they inspect everyone or use some random method to pick who to search.

You have NO Fourth Amendment rights in a port of entry, even if you are on US soil.
@azaustinsmith 8/ Cops may arrest you for a misdemeanor without a warrant anytime and for a felony if they catch you under circumstances making it reasonable to believe you were committing a crime.
@azaustinsmith 9/ Your Fifth Amendment right to due process is not unlimited. The amount of process and kind of opportunity to be heard before being deprived of life, liberty or property depends on the circumstances.
@azaustinsmith 10/ Your Fifth Amendment right to remain silent is easily waived.

Your Sixth Amendment right to confront witnesses (i.e. exclude what they say unless its in Court, under oath) in criminal cases is subject to numerous exceptions.
@azaustinsmith 11/ Your Sixth Amendment right to counsel is likewise limited-doesn't apply in misdemeanor cases. Your right to trial by jury depends on whether the crime was triable by jury at English Common Law in 1783.
@azaustinsmith 12/ Your Eight Amendment protections from cruel and unusual punishment do not prevent authorities from locking you down in solitary 23 hours a day despite conclusive evidence it will cause you to go crazy.
@azaustinsmith 13/ Every fundamental right under the constitution, all of these and the right to travel, to vote, to have children and raise them as you see fit, do what you want with your own property, is subject to reasonable regulation to protect public health and safety.
@azaustinsmith 14/ The idea that the Founders intended that, unlike every other right, the right to keep and use inherently dangerous instrumentalities, articles designed and intended to inflict harm is uniquely exempt from regulation in the interest of public health and safety, is insane.

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More from @TCFKA_NCSteve

5 Jan
1/ People keep being baffled at what the insurrectionists are thinking and how they think it plays out. But they’ve been quite explicit in laying out all the pieces. They just haven’t officially put them all out in one place. They think it goes like this:

1. Pence declares himself Arbiter of Succession and declares Trump winner of the Electoral vote.

2. Protesters immediately pour onto the streets to protest the autocoup.

3. Heavily armed Proud Boys, Nazis and Q-Nuts hit the streets too to go to war with the Antifa hoard.

4. Violence and chaos ensue. Trump invokes the Insurrection Act and declares martial law.

5. President-for-Life Trump inaugurated in front of biggest crowd of adoring supporters in human history.

and the , the quiet part also unquietly said out loud...

6. Executions.
Read 4 tweets
4 Jan
So how long will it take the NYT and NPR to reduce this the extortion and election interference conspiracy into a "On One Hand, Democrats Say it's a Crime, but OTOH, Republicans point out that the recording itself might be the only real crime?" narrative? Tomorrow A.M. or P.M.?
To be clear, Georgia and D.C. are both one-party consent jurisdictions so it isn't a crime. But under the "a Republican need only say a thing to make it the functional equivalent of truth" standard used by NYT/NPR that's irrelevant.
And the winning entry is: "NYT, Monday A.M.

But even I failed to anticipate that framing would be "on one hand, a person with actual subject matter expertise says its a crime, but the partisan Republican hack lawyer we found to balance that opinion says "not clear."
Read 4 tweets
9 Dec 20
1/ I just need people to be clear on where this "one in a quadrillion" thing the morons are being fed came from in case you run into your crazy uncle this Christmas.

It starts with the assumption that vote distribution in a state is uniform geographically and by voting method.
2/ That is, it assumes that every precinct in a state, whether urban, suburban or rural, rich or poor, majority white or majority POC, has the exact same proportion of Trump and Biden voters and that Biden and Trump voters used absentee ballots uniformly.
3/ In scientific and statistical circles, this is informally known as "spherical cow" reasoning, a science joke about how simplifying assumptions necessary to make math or statistical modelling possible cause them to diverge from reality so much they're worse than useless.
Read 5 tweets
2 Dec 20
@bradheath As a retired three star, Flynn is subject to the UCMJ. Not a military law expert, but it doesn't look to me like it meets the elements of Article 94 (mutiny and sedition) but pretty does look like a solicitation to commit sedition in violation of Article 82.
@bradheath 2/ I know several West Pointers and a few Annapolis grads. Some are as right wing nutcluster as Flynn, but most of them get weeded out before they make O-6. And trust me when I tell you they are livid right now and want his ass for this. This is rape-your-mama scale taboo.
@bradheath 3/ Most definitely conduct unbecoming that is grounds for court-martial under Article 133.

There's a reason three stars are never really allowed to retire beyond the possibility we might want to recall them in wartime. It's to keep them subject to military law and discipline.
Read 4 tweets
31 Oct 20
@kurteichenwald @GOP @TexasGOP 1/ I saw the moment it happened. It was 1992 and I worked for wealthy Republican attorneys who were moderately important in state politics. It seems Bill Clinton had the temerity to be a Republican president they loathed and tepidly supported merely by getting the most votes.
@kurteichenwald @GOP @TexasGOP 2/ Their response was shocking. Blind, frothing rage, outrage, instant demonization of Clinton as the most corrupt man ever to become president. The "Gingrich Revolution" was born of that rage. Gingrich was a guttersnip POS deemed barely fit for the whip's position...
@kurteichenwald @GOP @TexasGOP 3/ ...but he intrigued Bob Michel out of the minority leader's position based on that outrage. The Arkansas Project, the endless hearings and, above all, Fox News, were all born of the Great Crazification that resulted from the inconceivable victory of Bill Clinton in...
Read 6 tweets
5 Sep 20
1/ Alright folks, let's get real. The Atlantic story is damaging. It may cost him a few of the confounded knuckleheads who are still, somehow, undecided. But it is not going to meaningfully affect his core support. They'll still stick with him because fear.
2/ The 42% are, above all, what conservatives always are: pants-peeing afraid of change. And credit to where due, the one thing conservatives have always been better at than liberals is seeing where the change they fear will lead, even as moderates and liberals scoff.
3/ Conservatives feared that the agitation against the Stamp Act and molasses taxes were the prelude to revolution. They feared that the ability of northern states to elect presidents without them presaged the total domination of the abolitionist faction.
Read 11 tweets

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