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30 Jun, 7 tweets, 3 min read
Can powerful men be held accountable in America? lawyersgunsmoneyblog.com/2021/06/can-po…
Essentially, the decision of one prosecutor to give Cosby a formal pass despite the strong evidence against him tied the hands of more responsible prosecutors going forward because he then testified in a civil suit, according to the Pennsylvania Supreme Court.
In 2014, a 500 page hagiography of Cosby was published to mostly fawning reviews. It ignored the many credible accusations of sexual assault entirely, as did many reviews. Kelefa Sanneh's 6,000 word review mentioned them once, in the 3rd-to-last graf: lawyersgunsmoneyblog.com/2015/07/the-ma…
[The PA Supreme Court's website has apparently crashed; will have more on the decision when I can access it.]
But either way I agree that the primary villain here is future Donald Trump consigliere Bruce Castor:
Here we go. Personally, I find the dissent's argument that there was no Fifth Amendment violation because a press release by Castor with no promises does not constitute an agreement that binds future prosecutions pretty convincing: pacourts.us/assets/opinion…
I would add that "press releases by prosecutors about decisions not to prosecute are to be treated as permanently binding agreements" is not a "right" that is going to be useful to 99.9% of criminal defendants

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More from @LemieuxLGM

Scott Lemieux Profile picture
1 Jul
In Shelby County, Roberts defended his (indefensible) decision to strike down Section 4 by noting that Section 2 is still in effect. In a bait-and-switch anyone could see coming, the Court has now effectively made Section 2 a nullity: nbcnews.com/think/opinion/…
One thing Kagan's dissent communicates very effectively is that Alito and the 5 other Republican justices are engaged in an act of nullification here. He doesn't like the choice Congress made to ban voting restrictions with a disparate impact, so he refuses to enforce the law: ImageImageImageImage
While these vote suppression measures affect a relatively small number of voters, 1)elections -- including AZ's most recent presidential election! -- are often decided by small margins, and 2)there is no "must effect a significant percentage of voters" qualification in the VRA Image
Read 5 tweets
Scott Lemieux Profile picture
25 Jun
Since we could be about to be drowned in "the NHL playoffs are pure chaos" takes, I'm glad @JFreshHockey published this excellent post about how the Canadiens are Actually Good: jfresh.substack.com/p/the-canadien…
It's nearly impossible to think of the Habs of scrappy hipster underdogs because of their history, but if you look at the @EvolvingWild data, they've had very strong underlying metrics for years, and were also a possession monster this year until Gallagher got hurt: Image
Price's regular season decline meant that the record didn't match the underlying quality of the team, but between Price's reemergence as elite during the playoffs and the critical addition of Caufield, it shouldn't be *that* surprising to see the Habs in the finals
Read 7 tweets
Scott Lemieux Profile picture
17 Jun
This is basically one of those atrocious "I fully support labor...except for the Sacred Relationship between teacher and graduate student instructor" articles, just applied to political campaigns [that we like] jacobinmag.com/2021/06/dianne…
The problem with the whole genre, of course, is that EVERY employer has a story for why organized labor won't work in their workplace. "I support labor in general but not in this specific case" is the hoariest play in the union-busing playbook
If fighting corporate power is important, it's important enough to pay workers a decent wage and give them decent working conditions
Read 4 tweets
Scott Lemieux Profile picture
17 Jun
Court rejects idiotic challenge to ACA on standing grounds lawyersgunsmoneyblog.com/2021/06/but-we…
The better argument is that even if you assume arguendo that the $0 mandate is unconstitutional, it's absolutely ridiculous to claim that it can't be severed from the rest of the statute, when it has literally no impact on how anything else operates. But a win is a win.
But as the tone of Alito's dissent makes clear, the REAL argument against the ACA has nothing to with federalism, it's "the Constitution enacted Ms. Ayn Rand's Atlas Shrugged, so regulations and subsidies designed to increase access to healthcare are bad" Image
Read 7 tweets
Scott Lemieux Profile picture
16 Jun
Fucking vaccines, how do they work? lawyersgunsmoneyblog.com/2021/06/fuckin…
If you take this argument that a fully vaccinated teenager should not be allowed to attend summer camp -- that any risk of exposure to even a mild viral infection is unacceptable -- seriously, it's basically an argument against all socializing with people not in your household Image
Indeed, vaccination status then becomes irrelevant -- after all, someone fully vaccinated against COVID-19 could certainly pass on other bacterial or viral infections, and the logic of the argument is that potential exposure to any such infection is an unacceptable risk
Read 4 tweets
Scott Lemieux Profile picture
13 Jun
Donald Trump’s death cult still successfully convincing many of its supporters not to take the vaccine lawyersgunsmoneyblog.com/2021/06/donald…
"On a scale of -1 to +1, the correlation is +0.85 between Biden's 2020 margin in a state and the adult vaccination rate in a state" cnn.com/2021/06/12/pol…
Grim LOL at the idea that a single maskless-but-socially-distanced photo op will materially discourage anyone from taking the vaccine
Read 5 tweets

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