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Eric W. Profile picture
@EWess92
Jul 21 • 8 tweets • 3 min read • Read on X
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Ho boy. Philadelphia DA Larry Krasner is at it again. This time, his own office supervisors are whistleblowing on the office's ethical issues. (And yes, before you ask, this is another attempt by Krasner to free a convicted murderer. This time, a double murderer.) Let's dive in! Image
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First, it makes sense why the attorneys here might be on edge. Not that long ago, the 5-2 Democrat Pennsylvania Supreme Court told Krasner to stop trying to free murderers. And he ordered the Attorney General to get involved. One attorney was on that case
The attorneys here both tried to quietly withdraw from the case--they thought they ethically couldn't say more. But now, they are saying more. First, they repeatedly tried to get the office to withdraw due to a conflict of interest.
Eventually, they told Krasner that him getting advice from an attorney tasked with freeing murderers about this specific murderer created a conflict. When they told him that, he told them to "protect the office". Not the people of Philadelphia. He refused to refer the case Image
Krasner told the attorneys that if they followed their ethical obligations and told the Court that there would be "consequences". That's wild! They told the Court, and they are ready to say more if ordered to testify. Frankly, this is courageous behavior by the attorneys.
This office is a disaster. Either what the attorneys say is true, and Krasner is in deep water. Or it's not true, and his trusted lawyers are making up completely unethical quotes they are assigning to him.

Read the order here: storage.courtlistener.com/recap/gov.usco…
For more background on the case leadinf up to this, read along here: storage.courtlistener.com/recap/gov.usco…Image
For the thread that flagged this for me, read here:

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More from @EWess92

Eric W. Profile picture
Jul 22
Big win for President Trump! Can deportable illegal aliens use the Constitution's Due Process Clause for release? The full Fifth Circuit took the case. And tipping their hand, today they stayed the district court order. Due Process habeas releases should be OVER in the Fifth Image
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Big win too for the originally dissenting Judge Wilson. Read the order here: storage.courtlistener.com/recap/gov.usco…
Read my earlier thread on this here:
Read 5 tweets
Eric W. Profile picture
Jul 20
A male student at UWisconsin was accused of sexual assault and was expelled. He was criminally charged for the same conduct and acquitted. He applied for & got readmission. She sued alleging deliberate indifference to her safety. No, per Judge Kirsch for the full court Image
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Chief Judge Brennan concurs. He explains that while the case before the court leaves much open for future litigation, he will provide some analysis to guide lower courts on issues, with a special focus on the spending clause. Image
Brennan weighs in on some of the issues left open, including notice, Pennhurst, control, whether a single instance can justify liability (and the textual critique of the private right of action altogether). There's a whole lot efficiently jammed into a few pages. Image
Image
Read 9 tweets
Eric W. Profile picture
Jul 20
*HUGE* News out of the Eighth Circuit. The highly respected Judge Bobby Shepherd has informed his colleagues that he intends to take senior status on confirmation of his successor. Judge Shepherd was appointed by President George W. Bush. Shepherd's seat is in Arkansas.
Very interesting context on timing here:
Principal Deputy Assistant Attorney General for Civil Rights (and former Judge Shepard clerk) weighs in:
Read 4 tweets
Eric W. Profile picture
Jul 18
President Trump & Biden's admins included clauses in federal grants that allow the federal government to terminate grants if the grant "no longer effectuates the program goals or agency priorities." Is that allowed? No, explains Judge Talwani. I'm pretty skeptical of this one! Image
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Reminiscent of a classic rejoinder by President Clinton, the answer here apparently is determined by what the meaning of "the" is. Very interesting phenomenon here, where the district judge thinks the more obvious or plainer meaning is one I think is the worse one. Interesting! Image
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Judge Talwani also raises a superfluity argument. If grants can be terminated based on a change in agency priorities, then there is likely going to be no need to invoke other reasons to end a grant. Fair enough, not sure if that's a clean superlous canon point tho. Image
Read 4 tweets
Eric W. Profile picture
Jul 18
A convenience store robber so shook a cashier that she left her job to go work as a dish washer. Her net pay decreased due to lower hours. Does the Mandatory Victims Restitution Act authorize restitution for purely psychic harm? No, per Judge Southwick. Sentence in error, vacated Image
While not quite a circuit split, the case conflicts with the reasoning of a Seventh Circuit case. (Query whether this is actually a clean split.) The Seventh thought psychic harm *could* qualify, so the restitution in that case was not plain error Image
And agreeing with the Seventh Circuit in dissent is Judge Haynes. She says the statute is not *that* clear. Certain not clear enough to lead to plain error on review. She would have affirmed instead. Image
Read 4 tweets
Eric W. Profile picture
Jul 17
Can New Jersey ban so-called "assault firearms" and "large capacity ammunition magazines"? No, explains the full Third Circuit, in an opinion written by Judge Freeman (Biden). This is a momentous opinion--and like the recent Birthright Citizenship cases extends 192 pages. Image
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(Quick aside, on seeing the opinion line up. This line up includes 9 total opinions, a majority and 8 separate writings.) "Say less." Image
Judge Matey (Trump I), joined by Judge Mascott (Trump II) concurs, but with some interesting assessment of the New Jersey lawyers "who at every turn have turned a blind eye to the Constitution while prioritizing histrionics over history." Strong words! Image
Read 9 tweets

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