BREAKING: Sussmann's files motion to bar government's expert witness.
2/ (Not on courtlistener yet so no link to share.) Note what they don't say: They don't say that Sussmann didn't know that the experts had concerns or thought it could fool all but DNS experts.
3/ Argument in general:
4/ Interesting point re what evidence Durham might present. Does go to motive.
5/ Sussmann acknowleges it goes to state of mind and intent and also says he has no intent to offer evidence regarding such data.
6/ LOL Durham's expert isn't really and expert because he doesn't understand DNS data...exactly the type of expert Sussmann's gang aimed to trick!
7/ Sussmann again acknowledges if he had reason to doubt the accuracy it would be relevant to his state of mind, but claims "no evidence" he did....which is kinda strange if the reason Sussmann, as an attorney, allegedly hire Fusion, was to help understand and thus advise Clinton
8/ on legal risk re defamation, etc. So, you'd think before publishing it to a third party, he'd ask the source of concerns...unless Fusion wasn't assisting in giving legal advice but instea was just doing straight op-research.
9/ So main legal argument to keep expert out is: 1) irrelevant (yes, unless Sussmann makes an issues); 2) untimely. No set rule on untimeliness & given 6 weeks and speed & no continuences yet, I'd say, no not untimely; 3) expert isn't an expert on DNS (possible basis depending
10/10 what expert is to testify on (but that would only be in response to Sussmann presenting evidence it was accurate); 4) failed to give enough detail on opinion of expert. If I were government, I'd supplement w/ more detail, but not sure how that sorts out.
Continuing re Gov't Notice: This puts Sussmann in corner. If he claims he shared out of national security concern, that implies it is authentic. And then gov't pounces. Not it isn't that it "was" fabricated--but the "possibility." Possible > Plausible amirite? 1/
2/
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@shipwreckedcrew Ha. Actually that's me typing out thoughts I've had over last 30 years as someone trying to be a faithful Catholic & recognizing Church teaching cannot change so capital punishment cannot be intrinsically evil, but pondering could it ever be prudentially permitted (necessary?) 1/
@shipwreckedcrew 2/ If rationale for death penalty is "self-defense"/"defense of others" versus retribution/balancing scales of justice, with latter maybe being a justification morally but I wasn't convinced on that, so left to ponder former.
@shipwreckedcrew 3/ In countries where lacking of ability to keep someone imprisoned, i.e., Syria, death penalty may be necessary to protect society. But what of U.S.? Well if you can't lock them up & protect others b/c kill in prison? That would justify. Or what if kill cops?
By not commuting all of those sentenced to death, Biden is saying two things: a) death penalty is not intrinsically evil; b) the distinctions between facts of those commuted & 3 that were not mattered. So what are those distinctions? 1/
2/ Were the 3 whose sentences were not commuted convicted of murdering someone while in prison? Were they convicted of killing a cop? Those two factors could reasonably cause someone to treat the death sentence differently based on premise that you only institute death penalty
3/ if you cannot keep society safe by locking person up for rest of life. But we know Biden a) didn't make decision; b) if he did/whoever did didn't care about prudential judgment but cared only about politics.
THREAD: This headline & lede is fascinating to me because it is both spot on and 100% wrong. I agree @SpeakerJohnson has a "taste of the hell that awaits him," but The Sun is completely wrong on the why, as are Dems & rest of media. 1/
2/ It isn't Musk & his posts or the slim majority: It is that "X is the media" now & the old way of Washington doing business are over. Again, the proof of this is in the killing in February of immigration bill on @LeaderMcConnell's watch.
@LeaderMcConnell 3/ It wasn't that Musk tweeted about it but that Musk's purchase of X allowed for ordinary Americans to saturate the country with details of what that legislation would do and would not do & Americans wanted it killed because it was horrid.
🚨🚨🚨BREAKING-ish on whistleblower @EithanHaim who outed child mutilation at Texas hospital whistle. Federal judge basically says "that's a nice First Amendment right to free speech you've got there, be a pity if anything happened to it." 1/
2/ Here's the background on the hearing from earlier this week on the Biden Administration's effort to gag @EithanHaim. @FDRLST thefederalist.com/2024/11/27/bid…
@EithanHaim @FDRLST 3/ So was buried in dep prep and day-long dep assist. yesterday so didn't have time to dig into it but hearing held on Tuesday on government's motion to gag.
BREAKING: Holy crap, lots of breaking news in @EithanHaim case, with court unsealing documents. Buckle in...I'm buying and having loaded to courtlistener for the X is the media folks. 1/
2/ So WTH was government filing this underseal for? Because they look like a bunch of incompetent boobs who made up statutory language in an indictment?storage.courtlistener.com/recap/gov.usco…
3/ And this? This was filed "unseal?" Now maybe if the government explained why Tina the attorney was being taken of the case, I could see them frivolously filing this underseal to avoid embarassment... storage.courtlistener.com/recap/gov.usco…