Wait, is David French demanding that conservatives refrain from using government power to achieve conservative ends?

Must be a day that ends in -day
If this isn't a distillation of @sohrab Ahmari's great coinage - "David Frenchism" I don't know what is.

"Don't write new law to solve a novel problem, instead, rely on older law and hope that courts read a broad statute the way you want them to. And if they don't, oh well!" Image
Another aspect of David Frenchism:

"This old law that liberals wrote is good, right, and just. But this new law that conservatives would write is un-American. Never mind that they are based on the same principles and constitutional foundation."
Lol also didn't tag @SohrabAhmari properly and it's too late to fix the problem

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More from @willchamberlain

5 Jul
You mean *our* mountain

Losing wars has consequences
In the same way that the mountain doesn't belong to the tribes the Lakota took it from, it doesn't belong to the Lakota anymore
Of course, if you'd like the mountain back, @LakotaMan1, the simplest step is to just embrace your American citizenship, and voila it's yours again
Read 4 tweets
30 Jun
I read the Cosby opinion from the Pennsylvania Supreme Court, it's pretty persuasive

Bruce Castor publicly announced that he would not prosecute Cosby as a way of forcing him to testify in the civil case, unable to assert any Fifth Amendment rights
Then ten years later, Castor's successor went ahead and prosecuted Cosby, based on incriminating testimony that Cosby had given in the civil case

We really don't want a world where prosecutors can bait-and-switch defendants on their Fifth Amendment rights
Read 5 tweets
29 Jun
Stuck in an elevator, is it 1927?
UPDATE: I am no longer stuck in an elevator, thank you @ArlingtonVaFD
The tyranny of Big Elevator demands a response
Read 7 tweets
27 Jun
One big lesson of January 6th is that federal criminal law is pretty draconian, as a general matter
It’s not that the federal prosecutors are being uniquely harsh to the 1/6 defendants

It’s that being indicted on federal charges sucks a lot more than people suspect
Layperson: “This is an outrage!”

Lawyer: “Welcome to federal criminal law.”
Read 5 tweets
18 Jun
A big part of law school is learning how much you don't know about the law

It's just a massive field of human endeavor, it's impossible to master it all, at best you can become an expert in specific areas
Some legal questions you know the answer to because they are basic or because you've worked in the relevant area

Most legal questions you either need to research or refer to a specialist - and that's as a credentialed lawyer!
Good lawyers know *how* to find answers to legal questions, and how to make sure they get it right

They also are good at evaluating who really has expertise in an area
Read 5 tweets
18 Jun
About That Revolver Story Claiming FBI Agents/Informants Are the Unnamed "Co-Conspirators" in Jan. 6 Indictments redstate.com/shipwreckedcre…
I think this is an important one to get right

While it's likely that both Oath Keepers and Proud Boys were infiltrated by the FBI (they have a history of doing these things), @shipwreckedcrew is very persuasive in explaining that the unindicted co-conspirators wouldn't be feds
It's really easy to get the law wrong, I'm a lawyer and have done it plenty, and so I get why Darren/Tucker got out ahead of their skis

That's why it's important to check this stuff with people experienced in federal criminal procedure (which I am not)
Read 4 tweets

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