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Gabriel Malor Profile picture
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30 Jun, 6 tweets, 2 min read
No, the prosecutor did NOT cut a deal with Cosby. That's completely what DIDN'T happen.
Here, I wrote up the super-condensed version of what happened with Cosby today.

You're welcome. washingtonexaminer.com/opinion/guilty…
Of note: the DA's assurance of non-prosecution came in a press release. It was NOT an agreement with Cosby.
That's part of what makes this so important. SCOPA held that no formal agreement was necessary. Nothing in writing. Nothing involving a bargain struck.

All that was required was an assurance from the prosecutor that the defendant reasonably relied on to his detriment.
Anyway, it's short. Share with your friends: washingtonexaminer.com/opinion/guilty…
Oh, come on. Use your brain. An agreement requires two parties to, well, come to terms over something.

A promise is one-sided. Here, the DH just announced that he wasn't going to prosecute Cosby. Cosby didn't bargain for it, and no agreement was made.

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More from @gabrielmalor

Gabriel Malor Profile picture
1 Jul
Biden: "Democracy is on the line."

If everything is an emergency then nothing is an emergency. The DNC teed up a voting rights case over entirely unobjectionable precinct voting and ballot-collection rules, and now they're lamenting that the sky is falling. Pick your battles.
A couple of weeks ago I mentioned that one thing litigants often fail to do (with the exception of the SG's office, which has a whole process for analyzing the issue) is consider the likelihood and scope of an adverse decision.
Before you take something to SCOTUS, you should think about what will happen if you lose.

Democrats convinced themselves that requiring voters to vote in their precinct during a 27-day voting period was unlawful.

But that's totally bizarre.
Read 4 tweets
Gabriel Malor Profile picture
1 Jul
And here's AFP. CJ Roberts writes.

Held: California's donor disclosure requirement is facially invalid because it burdens donors' 1A rights and is not narrowly tailored to an important government interest.
supremecourt.gov/opinions/20pdf…
The conclusion in AFP is also 6-3, but it's a bit of a fractured majority. Image
Justice Sotomayor's dissent in AFP just seems totally disconnected from the facts.

Denigrates the burden on AFP donors who received death threats after California leaked their identities as "vaguely waving toward First Amendment 'privacy concerns.'" Image
Read 4 tweets
Gabriel Malor Profile picture
1 Jul
We have Brnovich. 6-3. Alito writes, holding Arizona's out-of-precinct ballot policy and ban on ballot harvesting do not violate the VRA.
supremecourt.gov/opinions/20pdf…
The maj. op. holds that the "cat's paw" theory, which analyzes whether an actor was a
“dupe” who was “used by another to accomplish his purposes," has no application to legislative bodies.
That weird sound you hear is DOJ's lawsuit against Georgia being flushed down the toilet.
Read 5 tweets
Gabriel Malor Profile picture
30 Jun
Pennsylvania Supreme Court overturns Cosby's conviction.

Explains that because one DA compelled Cosby to testify in a civil action without the benefit of the 5A privilege against self-incrimination, successor DAs could not use that inculpatory testimony in his criminal trial.
"we hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, ..."
pacourts.us/assets/opinion…
"... the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced."
Read 6 tweets
Gabriel Malor Profile picture
30 Jun
Just to swing back to this now that I'm back from dinner, SCOTUS, 5-4, denies application to lift the federal eviction moratorium that's in place for the rest of July. supremecourt.gov/opinions/20pdf…
I see there are questions from the class, so let's break this down.

Groups challenging CDC's pandemic-related moratorium on evictions say CDC lacks the authority to issue that moratorium.

They're right. And a district court said so. (actually a couple courts have)
But the CDC has appealed that decision to the DC Circuit, which issued a stay of the district court's decision pending appeal.

In other words, the moratorium remains in effect pending appeal.
Read 12 tweets
Gabriel Malor Profile picture
29 Jun
Our first ideological 6-3 of the day is in Guzman Chavez, the immigration detention case. Justice Alito writes for the Court except for a footnote. supremecourt.gov/opinions/20pdf…
This case is about whether certain aliens being detained after unlawful reentry while they seek limited relief from removal can get out of detention on bond.

Held: nope.
Also, what's this footnote that couldn't get a majority?

Uhhhhh . . . whether the Court has jurisdiction.
Read 8 tweets

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