Danny Cevallos Profile picture
@NBCNews @NBCNewsNow @CNBC @MSNBC Legal Analyst; @UMich & @NDLaw. Danny Cevallos Show: https://t.co/ESyAaqCpuY
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Jan 27, 2021 9 tweets 2 min read
1] Family handcuffed at gunpoint by police sues Aurora, Colorado. Terrible images in the complaint. These cases are filed all the time. This time it's different: Colorado has a new law.
kdvr.com/wp-content/upl… 2] According to the complaint, APD relied on license plate scanner that indicated plt's license plate matched
that of a stolen vehicle. But it was a motorcycle with Montana plates, not an SUV with Colorado plates, which was what plt was driving.
Aug 31, 2020 4 tweets 1 min read
1/ On #Rittenhouse: The Supreme Ct's Heller decision does not expressly limit the 2d amend.'s protections to the home. In fact, it may suggest that the 2d amend. extends beyond the home. "Individual self-defense" is "the central component." 2/ However, even if 2d amendment protects the right to possess a firearm for self-defense outside the home, this right is not unlimited; it is subject to regulation.
Jul 6, 2020 6 tweets 3 min read
1/ Will Ghislaine Maxwell get "bail"? Well, first, As the federal system doesn't so much speak of "bail." Federal law refers to "release or detention pending trial." But, will she be IN or OUT pending trial?
@NBCNewsNow @AlisonMorrisNOW @MSNBC @rebeccacheng6 2/ Magistrate Judge ("MJ") can release an accused on personal recognizance or unsecured appearance bond IF MJ determines a) no risk of flight and b) no risk of danger to the community.
@Tom_Winter @KenDilanianNBC @PeteWilliamsNBC
Jun 4, 2020 10 tweets 4 min read
1/ The new 2d deg. murder charges (in addition to murder 3d deg., & mansl. 2d deg.) against Chauvin make it easier to charge other fmr-officers/co-defendants w/ aiding and abetting.
@gabegutierrez 2/ Second-degree murder contains Minn.'s "felony murder rule." Deft is guilty of Murd. 2d if he unintentionally causes death, while committing/attempting a felony. The predicate felony against Chauvin is third degree assault.
@TDavis_JSB @kellydanielnbc @AlisonMorrisNOW
Mar 24, 2020 10 tweets 3 min read
1> State and federal governments suspend evictions and foreclosures, but is doing this constitutional? Landlords & property owners might claim a violation of the Contracts Clause. THREAD
@NBCNightlyNews 2> The Contracts Clause provides that "[n]o State shall ... pass any ... Law impairing the Obligation of Contracts." U.S. Const. art. I § 10.
@NBCNewsNow
Mar 12, 2020 13 tweets 6 min read
1] What are the individual's rights vs. the government's power to quarantine? THREAD (long)
@MSNBC @NBCNews @NBCHealthNews 2] The federal government possesses the power to declare and enforce a quarantine, based on its constitutional commerce clause power, mainly b/c it involves preventive measures at the border.
@AliVelshi @AlisonMorrisNOW @ericafink
Nov 6, 2019 5 tweets 2 min read
1] I understand that @RandPaul is trying to marshal the spirit of the Sixth Amendment but the Confrontation Clause is just so narrow that this analogy really doesn't make sense. 2] The 6th Amendment's confrontation clause provides in "all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him." U.S. Const. amend. VI. Thru 14th Amendment, it applies with equal force to state criminal prosecutions.
Nov 1, 2019 7 tweets 3 min read
1} "Due process" is a flexible concept. Precisely what procedures the Due Process Clause requires in any given case is a function of context. In the judicial context, the US has hundreds of years of caselaw defining the limits of procedural DP afforded defendants.
@NBCPolitics 2} By contrast, presidential impeachments have little historical precedent for guidance: Only 19 impeachments ever! Plus, the House has the sole, exclusive power to impeach, so it has the power to determine its own rules.
@NBCNews
Oct 13, 2019 8 tweets 2 min read
1) Could Trump really sue @AdamSchiff and @SpeakerPelosi, as he suggested on Saturday?
It sounds absurd, right? Members of Congress must be entitled to complete legislative immunity for their work. And yet, the answer is...

Maybe? 2) Art. I, §6 of the Constitution: ""for any
Speech or Debate in either House, [the Senators and Representatives] shall not be questioned in any other place." The idea was that members of Congress could work without fear of liability.
Aug 29, 2019 7 tweets 3 min read
1/ @USCIS changes citizenship policies. Side question: I was born to a US citizen mom and a naturalized, US citizen Navy father, but born abroad, and not at a military base or hospital. Q: Could I theoretically be president?
@USCISCuccinelli @sivavaid @neal_katyal 2/ @USCIS says change doesn't deny citizenship to children military born abroad. It only involves children born outside the US, and who are not US citizens. It doesn't invoke birthright citizenship because not related to US births.
Jun 17, 2019 11 tweets 3 min read
1] Does criminal statute of limitations (SOL) "pause" against Trump while in office? Reasonable minds may differ, but there's a good chance answer may be "no." msnbc.com/morning-joe-fi… @CrimeADay @glennkirschner2 @JoyceWhiteVance 2] A law student friend has a Law Review note coming out this year that does a deep, deep dive into this topic. Assume a 5yr federal criminal statute of limitations (a popular federal SOL). Then assume prez is simply immune from all criminal prosecution while in office...
Apr 9, 2019 9 tweets 3 min read
1] Felicity Huffman will probably get a straight probation sentence. The other parents who plead early in the college admission scandal will also have a similar shot at a non-custodial sentence. Here's why...(thread)
@melhelm @danielnorwick @Morning_Joe @KristianMMonroe 2] Huffman's plea agreement lays out the terms. She pleaded guilty to conspiracy to commit mail fraud and honest services mail fraud. She faces a statutory maximum penalty of 20 years.
justice.gov/usao-ma/page/f…
Feb 26, 2019 5 tweets 1 min read
1] Human trafficking is (a) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or person is under the age of 18; and (2) labor trafficking, for labor or services, through the use of force, fraud, or coercion. 2] In FY2017, the DOJ alone brought 282 human trafficking prosecutions, charged 553 defendants, and secured federal convictions against 499 traffickers. justice.gov/humantrafficki…
Feb 22, 2019 6 tweets 2 min read
1} In Illinois, aggravated sexual abuse is an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age, and the defendant is at least 5 years older than the victim. 720-5/12-16(d). @rehemaellis @SRuhle @KatyTurNBC 2} Aggravated criminal sexual abuse is a Class 2 felony in Illinois. A Class 2 felony is punishable by three to seven years in state prison. @MSNBC @NBCNews
Feb 22, 2019 5 tweets 1 min read
1] In Florida, soliciting for the purpose of prostitution is a first degree misdemeanor (if a first-time offense) punishable by up to 1 year days in jail (796.07(2)(f)). 2] To prove the crime of soliciting prostitution, the State must prove beyond a reasonable doubt that defendant solicited/induced/procured another to commit prostitution.
Feb 22, 2019 4 tweets 1 min read
1\ Thoroughly entertaining moments from the Roger Stone hearing yesterday, as both government and judge try to make sense of Stone's apology and explanation... 2\ COURT: Okay. I'm just trying to get to the
facts here. We started with somebody else did it and you
didn't see it. Then it was, "No, somebody else found it, but I
posted it." Now you're telling me somebody else found more
than one image and you chose this one, is that correct?
Feb 21, 2019 7 tweets 3 min read
1] Mailing a letter containing a threat and a chemical weapon potentially violates several federal statutes--even if the chemical is fake, and the threat is a hoax. @Morning_Joe @AymanM @yasminv @danielnorwick @dpierrebravo @morningmika @JoeNBC 2] There's actually a federal hoax statute: Whoever conveys false information about, e.g., a chemical or biological weapon attack, and that false information may be reasonably believed, may be imprisoned up to 5 years. 18 U.S. Code § 1038 law.cornell.edu/uscode/text/18…
Feb 20, 2019 7 tweets 1 min read
1/ More thoughts on "standing." The Trump administration will likely argue that the states don't have standing to sue the federal government over how it spends federal money--particularly federal military money. 2/ Sometimes an AG seeks to bring a suit on behalf of the "People of" his or her state. Then, the suit is based on a theory of "parens patriae."
Feb 13, 2019 6 tweets 1 min read
1\ The El Chapo Guzman conviction sends a message to drug lords worldwide: the United States govt's criminal jurisdiction extends well beyond its borders. But how does the US enforce its laws in another country? 2\ It seems logically problematic: Should country 1 be able to go to country 2 and enforce country 1's laws in a place where country 1's laws do not apply?
Feb 9, 2019 11 tweets 3 min read
1] Acting AG Matthew Whitaker went on record yesterday before Congress on the DOJ's policy to not indict a sitting president, saying: “That is still the policy of the Department of Justice." We hear that a lot. But does that really preclude an indictment of a sitting president? 2] Some background: There are 2 kinds of agency regulations: (1) substantive rules, and (2) interpretative rules, general statements of policy, or rules of agency organization, procedure. Chrysler Corp. v Brown, 441 U.S. 281.
Feb 8, 2019 8 tweets 3 min read
1/ Very generally speaking, the First Amendment forbids the government from restricting (or criminalizing) speech (like photos) because of its content or message. US v Stevens, 559 US 460. @NBCNews 2/ 1st Amendment provides “Congress shall make no law ... abridging the freedom of speech.” But free speech is not absolute. @NBCLatino @craigmelvin