Let's have a chat about the Bundy ranchers. Here's the link to the Ninth Circuit opinion upholding the dismissal of the charges against them. These were the charges related, in part, to claims by the Bundys that their ranch was surrounded by snipers. cdn.ca9.uscourts.gov/datastore/opin…
I'll be screenshotting the relevant bits about the chronology because that is what I want to focus upon. Before we start, from the summary of the case for those not familiar with this case.
Here's what the government alleged.
Hearing 1:
Hearing 2 (highlighting mine obviously):
Hearing 3:
Hearing 4:
And tossing in the oh you mean this gate key portion from the opinion (again highlighting mine):
Why did I go to all that bother? A. original sources are best and II. to keep you scamps from having to read that opinion. Also to note this. It took four separate hearings, each of them involving the DOJ violating rule number one never tick off the judge for anything to happen.
Remember: part of the indictment was DOJ claiming fraud on the part of the Bundys for getting people to come to the ranch by claiming falsely that there were snipers. The DOJ referred to a request for evidence it had as a fantastical fishing expedition. The DOJ lied. Repeatedly.
There were Rule 11 violations (Rule 11 very briefly put is that lawyers cannot lie in pleadings). There were Brady violations. There was outright lying to a judge's face on multiple occasions. And it still took four separate hearings before the mistrial and then dismissal.
That case against the Bundys was not dismissed with prejudice because of any great legal matter. It was dismissed because the DOJ made the district court judge look like an idiot for believing the DOJ's claims that oh none of that exists, well it exists but no biggie, oh oops!
And what happened to the various and sundry members of the DOJ and the FBI and the BLM and all the other alphabets who were involved? Not a damn thing. Nothing. No one was disbarred. No one was fired. There were no negative consequences, at least not publicly.
If the DOJ lawyers hadn't ticked off the judge, and if the Bundys were not fortunate enough that there was a whistleblower who said yeah, all that stuff exists, then the DOJ would have gone forward with a fraud prosecution KNOWING that the statements made by the Bundys were true.
Why do I focus on the case so much? Because this is one where the DOJ was caught. How many others haven't been? How many tens of thousands of pleas were blackmailed, and I consider overcharging to coerce pleas blackmail, when the DOJ knew it was lying about the charges?
And nothing, not one single solitary negative consequence, is ever laid upon those who do this. Nothing. I consider the DOJ and the FBI to be beyond contempt. And those who defend them? Grima Wormtongue had more dignity than they do.
So spare me, just spare me, the we must wait and the noble rank and file and but a judge would never sign. Spare me. I don't live in the Eternal Now. I pay attention. And those of you who don't? Well. It must be nice to live your world. I'll stay here in reality. /fin

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More from @alexthechick

Aug 8
Since part of self soothing is being a Next Tuesday about things (it is the corest of my competencies), let me riff on this as I have been pondering it for several months. Let's say there is a red tsunami (heed Mr. Wolf's sage advice). Then what? What, exactly, will happen?
GOP has the House and Senate. And we are back to the Obama era well we cannot do anything since it will be vetoed and we do not have enough votes to override a veto which is super annoying for being accurate. Of course, the House could use the power of the purse I'm so funny.
The Dems are still in control of the Executive branch and thus still in control of all the various and sundry issues vis a vis use of executive authority. This isn't 1994. Whomever is in charge of the Biden White House is not going to go with Clintonian triangulation.
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Aug 8
Good morning and welcome to Twitter Law School! Today's topic is HATE OBJECT ORDERED TO PAY 4 TRILLION DOLLARS TO THOSE POOR UNFORTUNATE SOULS reduced by statute to $4.95 and a two for one coupon to the Sizzler. Why are juries allowed to do this? Got your caffeine? Let's go.
There are two main reasons why juries are not told about statutory limitations on award amounts. The first is that the jury finds the facts and the judge applies the law. What does that mean? That means that it is not the job for the jury to determine if a cap applies.
The amount of damages is a finding of fact. That is for the jury to decide. It is not the role of the jury to decide both the amount of damages and if there there is any legal restriction to the amount of the damages. That is a conclusion of law and that's for the judge.
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Aug 1
Politics is transactional. I know, I know, I'm The Worst for pointing this out. That doesn't make it any less true. Look, I'm all about purity of theory, joking about it being the location of my volcano lair aside, alextopia is the name of the construct where I test theory.
But alextopia isn't real (I want my volcano lair tho). It's a theoretical construct wherein theory is pitted against reality. Guess what wins? Guess what always wins? Politics is transactional. I want political actions done. Politicians says he will do them. I vote for politician
This is a transaction. Not only is this a transaction, it's a valid one. It is, ultimately, the transaction that must exist under a representative form of government. All I have to offer is my vote. All the politician has to give me is promises about how my vote will be used.
Read 11 tweets
Jul 31
Good morning and welcome to Twitter Law School! Today's topic is de facto, de jure, repeal of legislation and Constitutional authority, and how the confluence of all that results in a legitimacy crisis. Everyone have their caffeine conveyance beverage of choice? Let's get it.
De facto means by fact. De jure means by law. In reality, this means that something can be repealed in fact while still being on the books as a law. It means that, sure, that part of the Constitution still exists, but it might as well have been amended out since it's not used.
Let's start with immigration laws. Here's a link to the currently extant immigration laws, regulations, and even the USCIS policy manual. Handy, isn't it? Look, you can see what the laws and regs are right there! And how they are to be applied!
uscis.gov/laws-and-policy
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Jul 27
Let's talk about the miracle of due process, the abuse thereof, and how any of us who do not live in the Eternal Now know just how this story ends, shall we? (Ms. Hemingway very much does not live in the Eternal Now, she is one of the best voices screaming into the void on this)
Due process is nigh to a miracle that has taken centuries to develop. Due process, by which I mean procedural due process, not substantive, goes against human nature in fundamental ways. Human nature is to respond first, question later, if at all.
Human nature is to rebel at the idea that it is better for 100 guilty to go free then for 1 innocent to suffer. Human nature is to sneer and spit at the lawyer tricks and loopholes that let guilty people go. Human nature is to shrug and assume an accused is guilty of something.
Read 17 tweets
Jul 25
I believe firmly that what most people want is to be heard. People want to know that their concerns are being taken seriously, that they are being taken seriously, even when they do not get the desired result. Desired result is, of course, primary. Still. People want to be heard.
There is a corollary. People get, justifiably so, absolutely infuriated to have their opinions denigrated. Telling someone you don't really mean those words that came out of your mouth, you think this other thing and I'm going to respond to that causes fury in the recipient.
It is not merely denigrating the person's idea, it is denigrating the person themselves. It is infantilizing. You poor baby, you don't even know what you think, let me 'splain to you what you really mean because I, the Super Duper Adult, know what is really going on here, child.
Read 9 tweets

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