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(((tedfrank))) Profile picture
@tedfrank
Sep 19 • 3 tweets • 1 min read Twitter logo Read on Twitter
SCOTUS requested a DOJ response to this Jan 6 petition from @PattisNorm. 16 out of 18 judges, including a split DC Cir, agree with DOJ’s broad interpretation of the post-Enron anti-shredding bill to apply to protests that disrupt an official proceeding.

supremecourt.gov/DocketPDF/23/2…
Of course, no liberal protestors were criminally prosecuted for disrupting and delaying the official proceeding of Kavanaugh nomination hearings.
The petition has ethos: prominent feeder judge Katsas was the dissenting DC Circuit judge.

Though it shouldn’t matter, this is not the ideal sympathetic petitioner if you want pathos, though.

I’ll defer discussion of logos. Image

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More from @tedfrank

(((tedfrank))) Profile picture
Sep 11
The damage from having the North Tower fall on WTC 7 combined with seven hours of uncontrolled unsuppressed fires on six lower floors caused thermal expansion of steel beams and floor framing; a steel girder connected to an internal critical column detached and the building then suffered a progressive chain of structural failures taking the whole building down.



Pretty confident that if you duplicate those unique circumstances without any attempt to put out the fire, other tall buildings will fall too.

If it wasn’t a fire, the “smallest blast capable of failing the building's critical column would have resulted in a sound level of 130 decibels (dB) to 140 dB at a distance of at least half a mile.” But none was heard.
Twitter killed the link to the NIST report for some reason. nist.gov/world-trade-ce…
Wait, I can get paid for stating basic truths? 📞 me, Joe.
Read 7 tweets
(((tedfrank))) Profile picture
Aug 2
Unpopular opinion: the new indictment really weakens the appearance of impartiality of the legitimate Florida indictments.

By its standard, the Bush administration could’ve prosecuted the Gore campaign team and RFK Jr. and Trump could’ve prosecuted Larry Lessig.
Abandoning a conspiracy after you’ve taken an overt act to “defraud the United States” only after the U.S. Supreme Court defused the dangerousness of the conspiracy is still a criminal act. (That the Fla. Supreme Court also acted on your behalf just makes them “criminals” too.)
Again: this is DOJ’s dumb legal theory, not mine, that seeking to apply incorrect legal theories in the political process to change the results of an election is a criminal conspiracy. If that’s true, then every “defense” people are giving Gore and Klain is legally irrelevant.
Read 13 tweets
(((tedfrank))) Profile picture
Mar 7
Except tough on crime policies absolutely reduce the number of crimes.

1. Career criminals don’t victimize the innocent in prison.

2. And long-term, children of felons do better in life when the felons are locked up.

Stop #underincarceration.
You know what doesn’t work in reducing crime? “Rehabilitation” and “addressing the root causes.”
Putting repeat violent criminals in prison until they're old isn't unconstitutional.
Read 7 tweets
(((tedfrank))) Profile picture
Oct 30, 2022
Saw this in @SCOTUSblog. Wait, what? Affirmative action doctors *double* the chances of black infant survival?!?
Sure enough, that’s what the brief says. Let’s look at the study in the footnote. https://t.co/O7YjighTyysupremecourt.gov/DocketPDF/20/2…


The lawyers are lying (or, more likely, mathematically illiterate). The study says no such thing.

The study purports to find black-doctor/black-infant have survival rate of 99.8% vs. 99.6% for white-doctor/black-infant.

pnas.org/doi/10.1073/pn…
Read 8 tweets
(((tedfrank))) Profile picture
May 8, 2022
Kavanaugh is due for an 8-digit inheritance and has a pension worth millions. It was economically rational for him to borrow to smooth lifetime consumption. And he got a big lump sum of back pay in a class action award. Any credit card conspiracy theory is #BlueAnon.
Note also that Kavanaugh’s multimillionaire parents can give their only child Kavanaugh, his wife, and his two kids $128,000 in 2022 without incurring gift taxes (and similar smaller amounts in previous years), and it would never appear on a government disclosure form.
Read 4 tweets
(((tedfrank))) Profile picture
May 8, 2022
Can someone explain to me the practical difference in state abortion law in 2023 between the hypothetical Roberts opinion upholding the MS law without “overturning Roe” and five justices signing on to the Alito draft with minor tweaks? Seems more like 90% of a loaf than half.
Like, it’s not like the Left would look at the hypothetical 4-2-3 or 3-3-3 Roberts decision as they’ve dodged a bullet. Why would a conservative clerk risk his career for that? Not like state bars give conservatives the benefit of the doubt.
And the Left is sure acting like they think the leak helps them, rather than Alito. Various lefty hacks praised the leaker as a hero or complained about the Roberts investigation. And do Nina and @cshaplaw think protestors at justices’ homes are doing a FedSoc clerk’s bidding?
Read 4 tweets

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