For those interested in Carter Page's case, our team filed 2 Oppositions to the 9 Motions to Dismiss that were filed by the Defendants. One, an "Omnibus" Opposition covers the arguments made by the 8 Individual Defendants, & one responds to the Govt's motion. Links follow:
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On our mini trip last week, we were in Charlottesville, Va. As I usually do when we travel, I searched for the graves of Revolutionary War soldiers. We found a wonderful little family burying ground w/the graves of two brothers who had fought together & survived the war./1
I was delighted to see that their graves had been marked with wreaths & flags for Christmas. I think it is important to keep up the traditions of honoring these men, who risked all, so that freedom could take hold in this land. /2
Besides their Revolutionary War service recognition, their gravestones were especially poignant in other ways too. When I get the photos in better shape, I’ll add a tweet about that too. /3
We are already dangerously close to having secret juries. Many places the papers showing the identities of the jury are provided to the lawyers only for jury selection & then they must be surrendered back to the jury commissioner. If the defense lawyer doesn’t hand write . . .
. down all the info for the whole panel (sometimes 100s of people) then after the jury is sworn in, even the defendant’s lawyers may not know who they are. How can the defense figure out juror misconduct in that situation? How could the public figure out any such misconduct. . .
. or the press either? Especially if the press is precluded by the court from even watching the jurors outside of the courthouse or from watching them potentially online - because no one knows who they are? We are losing a significant check on the power of the govt if we . . .
Some small progress regarding the DC Jail. 400 federal inmates (not the Jan6 ones, who are held in a separate, adjacent facility), are being moved to a different federal facility. The DC Jail is run by the DC Dept of Corrections, not the federal Bureau of Prisons. /1
US Marshall Service is responsible for pre-trial fed detainees & contracts w/DC DOC to house federally charged inmates for the DC & MD fed courts. They inspected the DC Jail & found it was subpar to their minimum requirements. As I’ve said many times, DC’s jail is a disgrace./2
Although the Marshalls found the adjacent facility where the Jan6 inmates are held is better than the main jail (which it is) & that it may meet their minimum requirements, that still doesn’t make it acceptable. So this is a small step, but at least it’s in the right direction./3
In the TX law argument, Sotomayor & Kagan expressed surprise when the TX AG said an injunction against his office would not bind local prosecutors. He is correct tho. MD & VA are similar. The county prosecutors aren’t agents of the AG, but rather a different state official./1
This is similar to how the US Attorneys across the country do not report to the US Attorney General; they report to the POTUS. Maybe not surprising that federal practitioners would not know the structure of state law enforcement. But that confusion obfuscated a central point./2
Sotomayor was trying to say: since the legislature has effectively deputized the citizenry to act in the state’s interest, doesn’t that make them state actors & by enjoining the top enforcing guy you enjoin them too? That is probably correct, but she chose the wrong official. /3
One way to clarify in your mind what the correct PRINCIPLE is, is to envision your version of a “worst case” scenario & analyze the principle & proposed actions in that scenario. For example, what if covid was as easily transmissible as it is but as deadly & horrible as Ebola? /1
What if instead of killing mostly old people at about 1-2%, it was killing kids under 15 at 50%?
What measures to prevent transmission or require vaccination would you think were lawful then?
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If your answer is ANYTHING other than “none,” then you agree w/the PRINCIPLE that (state) govt in theory has the power to impose lockdowns, mask & social distancing mandates, testing, & vaccinations; the question is not IF it has such power but in the application of that power./3