Listening to Trump v. Thompson, and trump's lawyer is now arguing that Trump has a *duty* as president to try to pressure Raffensberger into reversing Georgia's election
Sorry, Thompson v Trump
"is there anything a president could say while President that would subject him to a civil suit in your view?"
"I can't think of anything"
Don't think this will fly
Judge to defendants: you can't possibly be saying presidential immunity has to be for some express statutory or constitutional duty
Ah, sorry, to plaintiff's counsel
Now asking defendants counsel about whether there's a difference between "pres as president" and "pres as campaigner"
Defense counsel says you can't distinguish because president's are always campaigning
Trump lawyers: "there's no way you can construe anything that the speakers said as a plausible invitation to commit a crime"
Judge: "why not?"
Judge pointing to the medgar Evers case,which said he'd be in a different position if violence had immediately followed: "isn't this that case?"
What about the President's silence? Wouldn't he have spoken up if this wasn't what he wanted?
The judge just basically said he doesn't think trump saying the words "peacefully and patriotically" in his speech was meaningful in light of the rest of the speech
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Holy shit this Apothio litigation funding scam @KyleWRoche is running - and yes, Kyle, it IS a scam, that's what you call it when you take advantage of unsophisticated people who don't know any better - just keeps getting worse and worse the more I look at it.
See this?
There is no legitimate litigation funder in the world who will fund on these terms.
None.
Funders get paid first. That's how litigation funding works. Their initial investment is first money out. Then their litigation return. THEN the lawyers get paid.
In Kyle's version, the rubes who invest are not first money out.
Not even their initial capital outlay.
They come out AFTER the lawyers and AFTER unfunded litigation expenses.
Weird, because the anti-Jewish riots and massacres in the early 20th century and the insistence on preventing Jewish immigration, including during the holocaust, seems to say otherwise.
But maybe this is a new development. If so, a shame it came too late
Hey, #LitigationDisasterTourists, let's talk about this defamation suit for a minute. Moss and Freeman were the GA election workers on Rudy's CCTV video with the "suitcases" that were "under the table". They're now suing OAN, its owners, and Rudy for defamation
This is a lawsuit that will need to clear the "actual malice" bar. They were election workers performing a government function (counting ballots); commentary on that type of thing needs freedom to be vigorous. So defamation liability can only exist if they can prove1 of 2 things:
1) OAN & Rudy actually knew that the things they were broadcasting about Freeman and Moss were false.
2) OAN & Rudy didn't know for certain they were false but subjectively had serious doubts about whether it was false.
OK, let's talk about this Alex Berenson complaint. It's a chonky boy, clocking in at 228 paragraphs and 70 pages, and I'm actually in quite a bit of pain at the moment (did something to my back) so this will definitely break across a few days. But we'll do our best
So this is a pretty straight up suit, Berenson v. Twitter. California requiring numbered pleading paper (those numbers down the side) is an abomination, but it's always nice to see the causes of action laid out up front. What are they?
Like all good litigators, Berenson's team leads with his strongest argument, which is ... that a private company violated the First Amendment
OK, litigation disaster tourists, time to look at John Eastman's lawsuit to stop Verizon from turning his communications metadata over to the January 6 Committee
We'll roll through his arguments, but here's the tl;dr:
This complaint is the legal equivalent of flop sweat - dude is *terrified*, and I look forward to the country finding out exactly why.
Eastman is suing both the January 6 Committee (which issued the subpoena) for a declaration that the subpoena is invalid, and Verizon (to whom the subpoena was issued) for an injunction to stop it from complying
"this is not a hidden connection. All of you in this room and hopefully everyone within six degrees of separation from you knows that islamophobia is a well-funded conspiracy- a well-funded project, a well-funded project to marginalize us to imprison us to deport us to silence us
"they're afraid of our advocacy. They know that muslims fight for black lives matter ... and most importantly they know what my parents taught us that muslims fight for palestine that muslims will fight for a free palestine and so they must come after us"