Wanted to do a quick thread on #TeamTrump 's failure to request a jury for his civil trial instituted by @TishJames In general, it is the plaintiff's responsibility to file a Note of Issue which tells the Court that the parties are ready for trial. A Note of Issue is 1/ usually accompanied by a Jury Demand. At times, the plaintiff, in this case the NYAG, would not file a jury demand if they prefer to have a bench trial or a trial with the judge, and not a jury rendering a verdict. However, if a plaintiff fails to file a jury demand, the 2/

Happy to report the settlement of a matter immediately prior to jury selection involving a 4th amendment detention/FA/Excessive force case in NYS Kings County. Client was briefing observing an altercation between other individuals in the street down the block from where he was 1/ doing laundry. On his way back to the laundromat he was approached by an undercover officer from the NYPD who immediately attempts to search him. Client pushes officers hands away and states you cannot do that. Officer tries again and client reacts in the same manner. 2/

It’s a good thing that Britteny Griner is home but we need to fully understand what we gave up to get her back & not be so flippant about it. Viktor Bout aka the “Merchant of Death” aided and abetted war criminals in the mass slaughter of people all over the world, especially 1/ in Africa. Hundreds of thousands were murdered with the weapons and ammo he provided to ppl like Charles Taylor. He obtained desperately needed hard currency to Russia throughout the 90s and 2000s in exchange for soviet weaponry Russia could no longer afford to maintain. 2/

Watched an interview this morning on Fox 5 - NYC between surrogates for Hochul and Zeldin. Zeldin surrogate kept hammering crime and bail reform completely mischaracterizing the issue. It was a great opportunity for the Hochul surrogate to pounce considering Zeldin supports 1/ criminal insurrectionists and the big lie. He could’ve also mentioned that bail reform went too far in limiting judges latitude but that has been corrected. On abortion, the Zeldin surrogate said that it’s a red herring and Zeldin said he wouldn’t seek a change NYS law. 2/

The Second Circuit issued a decision today in @ejeancarroll ‘s defamation lawsuit against Trump. It partially reversed the lower court by determining Trump is an employee of the federal government and as such, cannot be sued for actions in his 1/

washingtonpost.com/dc-md-va/2022/… personal capacity where they are in furtherance of his official duties as POTUS. Hence, if the lower court determines that Trump was acting officially, the United States government will be substituted for him in the lawsuit as a defendant. The secondary impact will be 2/

Here we go… #January6thCommitteeHearings Hutchinson has already appeared before the #January6thCommittee 3x

SCOTUS just came down w a great decision on 42 USC 1983 claims concering malicious prosecution actions ruling a plaintif need not show an indication of innocence, only their prosecution ended w/o a conviction. See Thompson v. Clark, No. 20–659. @NPAP_NLG @NYSTLA @LegalAidNYC @NPAP_NLG @NYSTLA @LegalAidNYC Kavanaugh wrote the decision for the Court. Both Roberts and Barrett joined with Sotomayer, Breyer, and Kagan. Alito, Thomas, and Gorsuch dissented.

I’m of two minds with this. Check out Iqbal v Ashcroft 556 US 662 (2009). This matter is often cited for its plausibility standard when alleging facts within a complaint or lawsuit. 1/
Supreme Court blocks Gitmo detainee seeking details on 'black sites' usatoday.com/story/news/pol… Iqbal was renditioned to a site similar to this. He was held and aggressively interrogated for days bc it was believed he was connected to the 9/11 terrorists. He wasn’t. He was innocent. He wasn’t able to name the individuals in his civil rights - Bivens - 2/

Now that Maxwell has been found guilty of 5 of the 6 charges she faced, what next? Maxwell faces up to 65 years in prison. She was convicted of some of the most 1/

https://twitter.com/vicbekiempis/status/1476316617286074369

heinous crimes imaginable. I will explain, in general what is going to occur but I will ask that we remember how long it took to bring her and Epstein to justice. Way too long & seemingly involved a degree of corruption imo. Her attorneys will make a motion to set aside /2

This is a good podcast. It summaries the far reaching impact SCOTUS’s recent decision regarding the Texas abortion decision. After reviewing the decision, I’ve come to the conclusion that Gorsuch essentially explains how states can overcome 1/

podcasts.apple.com/us/podcast/a-u… federal preemption. Federal preemption is where federal law or decision on a particular issue negates a states ability to legislate in a manner contrary to federal action. In this instance, federal law/decision - Stare Decisis - has ruled that a woman has a right to an 2/

There were two types of subpoenas issued by the @January6thCmte to Meadows. A subpoena for testimony and one for documents. It appears he may have complied with the document subpoena, we don’t know if he fully complied, but not with the one for testimony. 1/

https://twitter.com/Bipartisanism/status/1468642891400503300

A subject of a subpoena must either fully comply with all of its aspects or seek judicial intervention to limit its scope or quash (love this word) the subpoena in total - nullify it.Failure to do either results in a contempt proceeding - fines & imprisonments. The penalties 2/

There's so many emotionally driven "hot takes" regarding the #RittenhouseVerdict As a trial attorney, unless I'm in the room, I respect the jury's verdict. May not like or agree with it, but they were the ones who heard ALL the evidence. KR was able to afford a proper defense.1/ He was able to raise over $500k due to the publicity of the case. Most ppl are unable to do that. There are hundreds, both white & POC alike, of ppl who are force to take bad plea deals or are wrongly convicted bc they had an overwhelmed public defender who was unable to pay 2/

Could the media pls stop the hyper-criticism of Biden? It’s stupid and insulting to the intelligence. He’s been in office for 10 months. He successfully passed #Covid relief & infrastructure bills. These are huge accomplishments. Is he the “bestest” POTUS ever? No. 1/ Is he the worst? No. Is he 10 billion times better than Trump? Yes. Will inflation continue to plague us after supply disruptions resolve? Perhaps. Today’s media appears to thrive on chaos and dissension. Profitable? Yes. Healthy for our Republic? No. Our nation 2/

So it appears that the @January6thCmte subpoenas for records have not been complied with. The production of these documents are necessary for the committee to both conduct and enhance their ability to question witnesses under oath. Without them, it /1 it will be much more difficult to conduct questioning since these key documents weren’t produced. Bannon and Patel have be subpoenaed to appear tmr while Meadows and Scavino are to appear on Thursday. The committee claims they’re engaged w Patel & Meadows. Usually that means 2/

After taking some time to consider what @AdamKinzinger stated regarding the criminal referral of non-compliant subpoenaed persons to DOJ, I’ve determined that this the wrong way to proceed. Congress needs to hold these individuals in inherent contempt if they do not comply w 1/ the #January6thCommittee subpoenas. They need to be taken into custody & imprisoned until compliance. Just like a judge presiding over a Grand Jury, Congress has the power to imprison individuals until documents are produced and testimony is garnered. 2/

If I can make one request this 9/11 anniversary, it would be to stop politicizing the attacks. Al Qaeda’s assault wasn’t only against democrats, republicans, or independents. They attacked all of us. They attacked what we stand for. They attacked our freedom and democracy. 1/ They attacked America. When the list of the victims is read, I don’t hear what political party they belonged to. I hear their names and the pain their deaths brought to all of us. I am also reminded of the thousands of deaths that are still occurring decades after 2/

Our enemies want us to believe that the only choice for America is between Trumpist autocracy and Marxist-Leninist - Communism. They want us thinking in a binary manner, driven by emotion, into choosing one or the other. Balkanizing into diametrically opposed camps 1/ with bloodshed not far behind. It is imperative that we continue to keep our eye on the ball using rational thought and logic. Trump has been defeated but not Trumpism. It’s easy for us to fall back into comfortable old habits. Being lazy and politically ambivalent. 2/

Thread re: #CryinMo , Service of Process, and Insurance coverage.

We see here Mo cryin’ like a colicky baby. Why is that? The reason is his wife was just served with process - a lawsuit - righteously instituted by @RepSwalwell for #CryinMo ‘s antics inciting an insurrection 1/

https://twitter.com/RepMoBrooks/status/1401627240123846657

on January 6th. Now you may ask, but they didn’t serve him. Don’t they have to do that in order to have “good” or proper service? No. A process server - plaintiff hires a company - can serve a person “of suitable age and discretion.” In this case, it’s #CryinMo ‘s wife. 2/

I watch the entire footage that’s been made public. The officers had probable cause for a traffic stop to check on his temp tags. However, the did not have PC to deploy this type of force against Lt. Nazario, a member of the National Guard. PC to detain and force are two 1/

https://twitter.com/SpanbergerVA07/status/1381237483451658240

separate things. LEOs require PC in each instance. There’s a claim by the apprehending officers that there was a 90 second delay between the direction to stop and when Nazario pulled over. Has this been substantiated? And if so, by whom? If true, it still doesn’t justify 2/

I’ve successfully litigated a number of 4th amendment cases where my clients were stopped, frisked, questioned, & arrested when they didn’t have identification on them. What usually happens is they are put through the system and released after 24+ hours w all charges are 1/ dropped. There is no legal requirement to have ID on ones person nor should there be. #COVID19 vaccine info should be kept w ones medical records like MMR & other vaccines are kept. There should also not be a requirement to present photo ID when one votes. Voter fraud is 2/

America is far from perfect but the great thing about our country is we can always make it a better place. Counties like Russia or China have always remained the same. Power focused within a few select individuals or corrupt group benefiting the few. It’s been that way since 1/ their inception centuries ago. Whether it’s a Tzar, Emperor, or General Secretary, both nations have swung between authoritarianism and totalitarianism. They don’t appreciate what a free and empowered populace can accomplish. They only know manipulation, suppression & 2/