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Andrew Fleischman Profile picture
@ASFleischman
Jul 13, 2021 • 7 tweets • 3 min read • Read on X
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Sacha Baron Cohen prevails against former Alabama Supreme Court Justice and Guy Who Got Banned From the Mall for Skeeving on Children Roy Moore.

storage.courtlistener.com/recap/gov.usco… Image
Moore lost because he signed a contract explicitly waiving his right to sue for the things he was suing for, even though he struck through another provision about waiving his right to sue for intrusion on his privacy, a cause of action he didn't bring. ImageImage
Moore argued that he was defrauded because he thought the interview would be friendly.

But he agreed, in writing, that he was not relying on representation that the interview would be friendly. ImageImage
Kayla Moore, meanwhile, loses under the First Amendment because a reasonable person would not believe Sacha Baron Cohen was actually claming to own a pedophile detector, when a real device would have blown up immediately as soon as Roy Moore entered a room. Image
It was, in fact, a pretty silly thing to claim to be defamed by. Image
Long story short, you can't sue when you sign a contract not to sue, and you can't sue for defamation when the person "defaming" you is a deliberately ridiculous character on a satirical television series.

Now let's all rewatch this glorious clip:

rollingstone.com/tv/tv-news/wat…
Also, one final takeaway: this opinion could have easily been extremely cutesy and filled with Borat references. But, thankfully, the judge wrote a sober opinion about the law and the facts and didn't use this as an opportunity to try out his tight five.

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More from @ASFleischman

Andrew Fleischman Profile picture
May 14
People often mess up hearsay but the rule is easy.

1. Out of court statement

That means any statement made by someone who is not in the witness chair

It also means statements by the witness that were made before they got to court.
2. For the truth of the matter asserted.

In other words, do you give a shit if the dude is lying?

If I said I am the world's greatest lawyer, you can't bring that in to argue that it's true.

But you can bring it in to show I'm delusional.
The big non hearsay purposes
:

1. Effect on hearer.

Your wife says there is a rat in the garage. You need to explain why you went to the garage. Even if she's lying, it still explains why you did it
Read 17 tweets
Andrew Fleischman Profile picture
May 10
Thrilled to report that my client, Meagan Dwyer, prevailed in her anti-SLAPP motion today against Stephanie Britt, a Savannah cheerleading fixture who claimed that Dwyer had gotten her kicked out of a cheerleading association (the USASF) by reporting misconduct around children. Image
There were many problems with Britt's lawsuit, starting with the fact that it did not specify what Dwyer had said, explain how it was untrue, or establish that it led to Britt being kicked out of the USASF.

/2
Britt claimed that it was unfair for her to have to specify what Dwyer had said about her, and that she should be permitted to learn if anything untrue had been said in discovery, a ruinously expensive process.

/3
Read 7 tweets
Andrew Fleischman Profile picture
Apr 29
If you are ever arrested, the two biggest things you can do to help yourself:

1. Be polite and reasonable with the officer. If he responds by acting like a jerk, that just helps you more when a jury looks at the video.

2. Politely decline to answer questions.
I have seen so many cases where a cop has a borderline arrest, and a judge takes his demeanor into account. A super nice officer who chit chats with the defendant while he waits for backup wins suppression motions.

A guy who enjoys being a jerk often doesn't.
Later down the line, the officer may be asked if he's cool with the State cutting you a break, and it's so helpful to have him on board.
Read 7 tweets
Andrew Fleischman Profile picture
Apr 5
District Attorney Fani Willis has opened up a website to sell merch, particularly on "Fani Friday." You too can have your very own Fani T. Willis fan club t-shirt.

the-official-fani-store.printify.me/product/672427…

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The perfect shirt for people with a bench warrant Image
For only 30 dollars you can buy A Legacy of Strength and Justice t-shirt Image
Read 5 tweets
Andrew Fleischman Profile picture
Mar 27
Georgia has passed a law forbidding bail funds from contributing to people's bonds.

It is worth noting that when MLK was bailed out of Birminghan jail, he didn't fund his own bond. The United Auto Workers, and others, pooled tens of thousands of dollars to liberate him.
This law is squarely aimed at punishing people accused of relatively minor crimes of civil disobedience, like blocking a street, or trespassing at a department store lunch counter.

Punishing people before trial is an effective way to avoid having to give them a trial.
The State's problem is not that these people are violating their bonds. Or that they are failing to appear for court. You could address that with a bench warrant.

Georgia simply does not want to give people a trial before punishing them.

.theappeal.org/georgia-bail-b…
Read 6 tweets
Andrew Fleischman Profile picture
Mar 15
Summary: Willis may have had a net financial benefit from hiring Wade, but it was small. Her repeated efforts to bring the case to trial quickly suggest no improper motive to delay. Thus, despite a "tremendous lapse in judgment" and "unprofessional" demeanor, no actual conflict.
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But, there is an appearance of impropriety, because there is evidence of financial benefit and romantic relationship with a subordinate. Image
Judge strongly suggests that the Fulton County District Attorney's Office was dishonest about when the relationship began. "Odor of mendacity"

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Read 6 tweets

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