I'm on vacation, but I'll answer the @popehat challenge, here. I've been on the @FedSoc speaking list for about 10 years. In the mid-2000s, I'd estimate I spoke to about 4-5 law schools per semester, on topics from police militarization, to ...
... forensics, to prosecutor misconduct, to asset forfeiture, to wrongful convictions. I've always thought this was a credit to the group, since most (though certainly not all) of its members probably disagreed with me on those topics. Sometimes these were debates, but often ...
... it was just me speaking. And often, those talks were co-sponsored by the ACLU, black law student groups, the American Constitution Society, or other left-leaning groups. Which, again, I've always thought was a credit to both FedSoc and those groups.
(I've also found that the student chapters tend to be more libertarian and less conservative than the professional chapters.)
As my talks became more popular, I was told by a couple student chapter leaders that the national FedSoc began to ...
... discourage them from booking me by offering incentives to booking speakers with a more pro-law enforcement message. Which is fine. It's their group, their money. And even here, they didn't prohibit the student chapters from booking me, or take me off ...
... their list of pre-approved speakers.
After the 2016 election, my FedSoc speaking invitations grew rarer. I'm fairly sure my last gig was in 2018. I don't know if this was due to lack of interest from student chapters, or due to actions by the national group. But again . . .
. . . I'm not entitled to speaking invitations from anyone. Their group, their money. But it does seem illustrative of the group's change in direction post-2016.
I bring all this up now because @Popehat's thread reminded me that even though I haven't . . .
. . . given a FedSoc-sponsored talk in a while, I'm pretty sure I'm still on their list of pre-approved speakers. And so long as Eastman is a member in good standing, and the group refuses to condemn his attempt to overturn the 2020 election, I'd rather not be affiliated ...
... with them in any capacity.
I don't want to make more of this than what it is. It isn't some grand sacrifice for me. When I was getting regular gigs, it was a nice source of supplemental income (I received the FedSoc standard of $1,000 per talk) and a chance ...
... to travel and see the country.
But it hasn't been either for a few years. So publicly denouncing them me costs me very little. But I do think it's important to take a public stand when necessary, and severing even a tenuous connection with a group whose ...
... (possibly former?) leader tried to overturn an election seems like just such an occasion.
On some level this feels a bit self-aggrandizing. I doubt I'm important enough to have much impact. But as I see it, my options are ...
(A) do nothing
(B) privately condemn them and ask to be removed, or (C) publicly condemn them and ask to be removed.
(A) isn't really an option. And it seems like if this is important enough for (B), it's important enough for (C).
/end
Quick correction to the first tweet in this thread -- should be the "mid-2010s," not the "mid-2000s."
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The 10th Circuit just issued a new AEDPA opinion. The case isn't about innocence. Instead, it deals with a Wyoming law that allows for a lighter kidnapping sentence if the offender released the victim peacefully.
But the AEDPA discussion applies to innocence cases too, so it's worth looking at.
At issue is whether the burden should have been on the defendant or the state to show if the victim had been released peacefully. The dissent believes the state was wrong here.
Thing is, the majority doesn't even necessarily disagree. It's that it doesn't matter. Even if the state court is wrong, under SCOTUS AEDPA jurisprudence, a federal court can only overturn on a constitutional issue if “there is no possibility" that ...
At the same time, Brnovich has vowed to execute 21 Arizona death row prisoners before he leaves office in 18 months. Which of course will generate a lot of press coverage just ahead of his run for the U.S. Senate.
Lamar Johnson is innocent. The man who committed the crime for which Johnson was has pleaded guilty.
After she was elected, the office of St. Louis DA Kim Gardner found and disclosed the evidence of Johnson's innocence that her predecessors had suppressed.
Included in that evidence: Prosecutors paid off the only eyewitness to identify Johnson, and didn't disclose this to the defense.
First, let's look at his claim that the "the Small Business Administration prioritized emergency Covid grants to restaurants by race."
This isn't some affirmative action program to address vague wrongs inflicted decades ago. It's about harm inflicted *last year.*
The first COVID relief package for small businesses required the loans be processed through banks, even though most of the loans wouldn't need to be repaid.
Moreover, a 2014 CA law makes shoplifting less than $950 a misdemeanor. So *no* DA in CA can throw the book at those shoplifters.
Retailers are lobbying to repeal the law. Which they have every right to do. But it’s also worth considering that they might have some incentive…
… to exaggerate the problem, or to retroactively blame pre-planned store closings on a shoplifting surge.
*Maybe* shoplifting really is up, and the contradictory crime data is due to under-reporting. But that’s an unfalsifiable claim, and it at least deserves some skepticism.
As I mentioned in a thread this morning, the new edition of Warrior Cop is out today. I'm really grateful to have the opportunity to update this story.
However, I do need to acknowledge an error. After turning in my manuscript last December, I asked my editor if I could add ...
... an additional section about the 1/6 violence at the Capitol. She agreed it's an important part of the story, so I turned that section in a couple weeks after the riots.
My error concerns the death of Officer Brian Sicknick. At the time, the Capitol Police, DOJ ...
... and national reporting all indicated his death was directly caused by one or more people involved in the riot. But in April, the medical examiner's report concluded that though the riots may have contributed, Sicknick died of natural causes.