Teri Kanefield

Former appellate defender and UC Berkeley Law graduate. My practice was limited to representing indigents on appeal.

I’ve written more than a dozen books and published more than 50 short pieces in The Washington Post, Cnn.com, and others. My book prizes include the Jane Addams Book Award.

Tfr

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npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf

NIP-05 Address

Teri_Kanefield_at_law-and-politics.online@mostr.pub

Profile Code

nprofile1qqs8khremxt9acm9nlz0sgl6ueu78w2vpvp97pu0f5xmgk3nj4evq6spz4mhxue69uhhyetvv9ujumt0wd68ytnsw43qt6z0j8

Publishing to

relay.mostr.pub

Author Public Key

npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf

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Last Notes

2023-12-02 18:33:35

I am planning to initiate the migration tonight.
Here is what happened last time I migrated, and why I asked people to move themselves first.
The last time I did a migration, I had 16,000 followers. For a few hours, all went well. About 8,000 people transferred.
Then it stopped. The remaining 8,000 people got error messages telling them their request was awaiting my approval.
I did not have the setting on to require approval.
So I don't don't trust it.

2023-12-02 17:47:49

If you missed it, I'm moving servers. See my pinned post.
Here's my latest in the account that I will soon be moving to:
https://mastodon.social/@Teri_Kanefield/111512072326548019

2023-12-02 02:08:35

Hi, everyone:
As I posted earlier, I'm switching servers.
If you missed it, see my pinned post for how I am going about this.
Meanwhile, #FunReadingLegalDocuments, reading Chutkan's decision shooting down Trump's immunity claims.
It's here:
@npub14s3…hnzd

2023-12-01 15:33:24

Hi, everyone,
As I explained yesterday, I am switching servers.
My new account is here:
https://mastodon.social/@Teri_Kanefield
Please unfollow me here and follow me on the other side.
Last year when I used the migration function, thousands of people got stuck in Mastodon Purgatory with an error message telling them I hadn't approved them as followers. (Oy!)
In a few weeks, I'll use the migration function, but I don't trust it.
I'll start posting over there with links here (until I migrate entirely).

2023-11-30 15:56:44

Hi, Fediverse friends,
I have been busy with a technical glitch. I needed to restore a backup of my author website, my backup service had a glitch, and to make a sad story short, I am currently rebuilding my author website.
I may shut down my private Mastodon server and move to an established server.
My server is more work and money than we anticipated.
After this past week, I’m inclined to spend less time on technical stuff.
I’ll let you know if I’m going to move.

2023-11-24 20:48:25

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@npub1v2s…mqq5
Kyle is wrong. The goal wasn't to go after Fani Willis.
See: https://terikanefield.com/rogue-prosecutors/

2023-11-23 22:55:47

JJ is thankful for walks on the beach and seagulls to chase.
(No he doesn't get empanadas)
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/462/327/359/647/657/original/36648625495a04c0.jpg

2023-11-23 22:28:58

And for our Thanksgiving dinner, we are having homemade Chilean empanadas.
This is not at all unusual if you're Chilean. (My husband is from Chile and he's a good cook.)
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/462/218/609/914/760/original/9922ab147a6c31d4.jpeg

2023-11-22 19:08:59

This is a fabulous (and very long) article explaining the Supreme Court's centuries-old struggle to distinguish incendiary speech that must be protected from speech that must be outlawed.
https://texaslawreview.org/the-second-founding-and-the-first-amendment/
The tieback to the outlawing of the speech of those enslaved and the incendiary speech of the abolitionists on the grounds that their speech was dangerous is quite interesting.
I spent the morning struggling to digest it.🤓

2023-11-20 15:23:33

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Here is what is gong on:: There is a gap in the law. The court has to write test because there isn't one.
There is no legal test because in the past, it was the lawyers who had to be silenced.
No defendant has challenged the routine gag orders that are applied.
The difference is an important one: Lawyers can be silenced because they are officers of the court and different rules apply to them.
The appellate court wants to come up with a test that will withstand SCOTUS scrutiny.
2/

2023-11-20 14:48:30

Is anyone listening to the oral arguments in the appellate court about the Trump gag order in the D.C. case?
https://www.youtube.com/USCourtsCADC
Right now the appellate court is asking about Trump naming witnesses who are not public figures and the interest of the trial court to protect the integrity of the trial.
This is a place where the gag order is strongest.
They are disputing which test should apply.
1/

2023-11-19 20:30:54

Rest in Power, Rosalynn Carter
You made the world a better place.
Adding: The first campaign I volunteered on was Carter, 1980. I did polling in Missouri.

2023-11-18 23:06:26

I expanded the discussion about the Colorado court's decision regarding Trump and the Fourteenth Amendment, and I added it to yesterday's blog post.
You can see it here:
https://terikanefield.com/parchment-barriers-and-the-dangers-of-hope/
(If you get that error message, just wait a moment and try again)

2023-11-18 18:04:01

Since there has been a lot of criticism of Mastodon (and I did have that little meltdown) I'll tell you all why this remains my favorite platform:
I find the discussions here are more intelligent than on other sites. I often come here to bounce ideas around and usually share blog posts here first.
If I make a mistake, I can count on someone here to point it out 😂
I am now putting the discussion of the Colorado case on my blog.

2023-11-17 23:01:16

I want to follow up on the reason I see so much anger and cynicism.
(The anger isn't directed at me. It looks like this: "Trump is above the law! There is no accountability! The DOJ dragged its feet!")
There were some interesting comments about why I see so much of it.
I'll add another: People assume that I am liberal and in the same information bubble and therefore, I will agree with them when they repeat the current memes.
It's a group-think thing.
1/

2023-11-17 19:28:20

So anyway, yesterday, I had a rant after reading through my comments here and in other places.
Me = 🔥
After my rant, I started thinking about the causes of the anxiety I'm seeing.
More specifically, I started thinking about what James Madison called Parchment Barriers.
Me = 🤔
So I did what writers do. I started writing which is how writers turn 🔥 into something productive.
Here you go: Parchment Barriers and the Dangers of Hope.
https://terikanefield.com/parchment-barriers-and-the-dangers-of-hope/

2023-11-17 01:42:54

The problem is this: We are currently in an information disruption.
The way people are getting their information is creating misinformation-rage cycles.
It seems to me that these cycles will not end until we work our way out of this disruption.
The last major information disruption was the printing press and it caused havoc.
The firehose of rage is the result of two things: how people get their information and the complexity of our legal system.
I've been writing about this.

2023-11-17 01:30:37

If you find yourself in a constant state of rage, it is not because of Trump.
It is because of how you are getting your news.
Trump does not have the power to reach into your brain and rile you up.

2023-11-17 01:29:37

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. . . I waste my time and energy on social media.
Yes, I know, that there are people who I've been able to help, but I came back to read my comments, here and a few other sites, and really, I feel ill.
One option is to give up.
Another option is to never, ever read my comments, which is too bad because I do like answering questions.
I am not looking for compliments or praise.
I need to figure whether this is worth it.
2/

2023-11-17 01:26:13

Hi, everyone:
No matter what I post, 90% of the comments are filled with rage and cynicism.
To respond, I wrote a series of blog posts here:
https://terikanefield.com/can-democracy-work-in-america-part-1-there-are-no-yankees-here/
The country (and democracy() can survive Trump.
I don't know if democracy can survive the degree of rage and cynicism I see.
I'm afraid that I really don't do much good with my squirt gun up against the firehose of destructiveness.
I am beginning to think . . .
1/

2023-11-16 22:32:06

Earlier today, in Manhattan, Trump’s lawyers filed a petition in the New York Supreme Court’s Appellate Division, claiming the gag orders from Judge Arthur Engoron barring the former president from making public comments about the judge's staff were unconstitutional in nature.
The latest: The appellate court temporarily lifted the gag orders.
Here is what that means: The First Amendment issues are not as easy as others in these cases.
https://www.courthousenews.com/ny-judge-temporarily-lifts-gag-orders-in-trump-org-civil-fraud-case/
1/

2023-11-15 17:54:22

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Someone asked: At what point is a motion so ridiculous that it gets the lawyer who filed it disbarred?"
Disbarred would require knowingly (and probably repeatedly) lying.
Sanctions can happen for frivolous filings, but this is rare in criminal cases or a cases when the government is going after an individual.
Because of the power imbalance, defendants have a lot of latitude.
Most criminal appeals in CA lose. I think the success rate is about 5%. Motions for mistrial are probably similar.
6

2023-11-15 17:44:38

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Here we have something unusual: As evidence, we get statements from Trump's lawyers.
So . . . the lawyers are acting witnesses offering testimony?
"Your honor, this whole trial is unfair. I can prove it! My lawyer said so! I'd like to enter his testimony as evidence."
Then of course they bring in the unfairness of the gag order. Again their assumption is that she isn't staff. She's a co-judge.
They looked up all of her political contributions.
4/
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2023-11-15 17:38:56

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I included a screenshot to show the bold and italics.
Then of course they talk about her personal social media accounts and a picture of Schumer.
Their argument is:
(1) She is acting like a co-judge, therefore,
(2) anything she does in her personal life is as if she is a judge in the case.
Wrong, and wrong.
This whole thing is for the Court of Right Wing Public Opinion.
That way, when he loses, it will be because the Judge Hates Trump.
3/
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/415/769/742/651/895/original/46ebddcf865a136d.png

2023-11-15 17:34:16

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They include pictures to show that the clerk is "co-judging" the case.
From the brief:
"As these photographs reflect, the Principal Law Clerk is given unprecedented and inappropriate latitude. Indeed, before the Court rules on most issues, the Court either pauses to consult with her on the bench or receives from her contemporaneous written notes."
As evidence that everyone, even people who don't like Trump, thinks it is biased, they quote the National Review.😂
2/
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2023-11-15 17:28:11

Trump has filed a motion for a mistrial in the New York case. The motion is here:
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=N0PX1FMtdplL/b5Oq9DwXg==
I've never practiced in New York, but I think it's safe to say this is a slam dunk in the Loser Department.
Complaint #1: The court, in newsletters, linked to articles that the Trumps think are unflattering to them. (I have no idea what this is about. It's pages 3-4)
Then we get into their beef about the law clerk.
Here, I suggested it's misogyny:
https://law-and-politics.online/@Teri_Kanefield/111352522232854127
1/

2023-11-13 21:06:14

Today's writing task: Describe regulatory takings in prose scintillating enough to hold the interest of ninth graders.
Easy, right? I wrote for appellate justices and they were generally not sympathetic to my clients. some of them didn't even want to read my briefs (imagine that).
Ninth graders are more fun, anyway.

2023-11-11 19:00:14

Hi Fediverse:
I wrote a weekend blog post.
I almost called it, "Everything you always wanted to know about the Fourth Amendment that you didn't even know you wanted to know."
Good thing I changed it, right?
https://terikanefield.com/stuff-about-the-fourth-amendment/
Imagine this: There are people who think criminal procedure is boring.
It is not boring. Criminal procedure determines the kind of society we live in.
If you get that error message, try again in miniute.

2023-11-09 15:34:11

I'm spending my morning thinking about the Fourth Amendment.
I hope you're all doing something equally interesting. 🤓

2023-11-09 01:44:04

What's funny about the latest idea that the Republicans should campaign against a national abortion ban is that, so far, the only people who have wanted a national abortion ban have been Republicans.
https://www.nbcnews.com/politics/congress/republicans-urge-congress-candidates-oppose-national-abortion-ban-rcna124253

2023-11-08 18:25:56

Way before I came to this conclusion (see previous posts) I hated listening to those people on TV sitting around tables talking as the election results came in.
It reminded me of how much I hated the very sound of right-wing radio in the 1990s when I first heard it.
Instead, I open webpages showing real-time election returns, open another map so I can see where the results are coming from, and figure out what's happening myself.
Most election night I'm working, anyway.

2023-11-08 18:15:35

The Washington Post's Jennifer Rubin just said (on Threads) that last night's results show that 90% of political reporting is garbage.
That's because 90% of "coverage" is speculation and opinion. An email from the NYT "The Tilt" assured me that it was a good night for Democrats but that doesn't mean anything for 2024.
Rubbish.
Elections tell us how voters feel. Polls do not and pundits do not.

2023-11-06 17:35:04

Do you swear to tell the whole truth?
I do. Believe me, the statement I presented to the bank was the best bank statement ever presented to any bank. It was a winning bank statement. Everyone says that. They come to me and say, 'Sir, how do you write the best bank statements,' and I say, 'I only hire the best lawyers.' And this whole trial is very unfair because Everyone Hates Trump.

2023-11-04 19:25:41

Whew. I did it. Here is the 5th part of that series I've been working on.
All that is left is a conclusion.
https://terikanefield.com/misinformationoutagecycle/
(If you get the error message, just wait a minute).
How this series happened:
When I tried to do a standard legal explainer, I'd get hit in the comment by a tsunami of rage, cynicism, and misinformation.
One option is not to read the comments. But I like to read through them because questions help me focus.
So I decided to get to the root of the problem.

2023-11-04 14:46:29

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Someone asked if a clerk has a law degree.
Yes. Not only that, but they are extremely difficult jobs to get and generally go to the stop students from the top law schools.
There are career clerks (that's their permanent job) and clerks who cycle though out of law school for a few years. Getting one of those clerkships means you were a top student.
People fresh out of law school are the best at legal research because they just did lots of it.
I don't know this clerk's employment status.
6/

2023-11-04 13:43:48

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Sometimes the most direct and obvious answer is the correct one. Trying to provoke a judge is one of the stupidest things a litigator can do.
After seeing what the cleck looks like on the bench, the simplest explanation is that the judge's sense was probably correct.
I only saw a few pictures of how she looks on the bench, but from the pictures, I'll say this: If she were a man, they'd take her seriously.
Trump world can use women (and like to have women around them!). That's different.
5/

2023-11-04 13:40:50

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Someone asked: "I've read suspicions that they are trying to provoke the judge and get some grounds for a later mistrial. What's your thought on that?"
That won't work. I spent 12 years writing appeals for people who lost their trials, so I can speak with confidence when I say provoking a judge doesn't get you a mistrial.
Provoking a judge makes you look bad in front of appellate judges, most of whom were trial judges and are generally in sympathy with the judge.
4/

2023-11-04 13:38:39

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I am trying to find a few 2018 pieces written by @npub1qgg…pvfw all about Ivanka and the women in Trump world.
They were brilliant. I'll try to find them.
The clerk is smart. Serious. No-nonsense. She is paying close attention. She doesn't defer to the men. Her attitude is probably "I am as smart as the judge." She watches the courtroom with sharp eyes and takes it all in.
They assume, therefore, that she hates them.
That is my latest theory.
3/

2023-11-04 13:33:36

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Women in Trump World are supposed to look like plastic mannequins. It's okay for them to be smart and professional as long as they bat their eyelashes an in subtle ways defer to men.
Ivanka is the picture of this. She is allowed some independence as long as she remembers that Daddy is the boss, and as long as she looks the way a woman is supposed to look.
What they are reading as "eye rolls" and "scowls" may simply be expressions tolerated in men but not women.
2/

2023-11-04 13:30:48

Someone asked me what I think is going on with Trump's lawyers attacking the clerk.
Yesterday I said this:
"It's hard to tell what is going on with that. My best guess is that Trump's lawyers are fatigued, know they are losing, and are getting weird and paranoid."
Judge Engoron, who sees it all up close, said there is misogyny.
I just saw a picture of the clerk and I have revised my opinion.
The judge may be right . . .
1/

2023-11-02 21:27:32

Answering a question:
Do you think the end of the Fairness Doctrine played any part at all [in the rise of disinformation.]
I think the repeal of the fairness doctrine was part of the move toward partisan media (Reagan removed it and then right wing radio took off) so it's easy to think one caused the other and that restoring the Fairness Doctrine would help.
I don't think the Fairness Doctrine would solve the problems we have.
I don't think removing it caused the problems . . .
1/

2023-11-02 19:02:39

Hi, Mastodon,
I've been busy writing.
I now have Part 4 in a series pulling together things I've been thinking about and writing about for a few years.
Part 4: Get the Fighters Fighting
I'm almost finished with this.
https://terikanefield.com/can-democracy-work-in-america-part-4-get-the-fighters-fighting/
(If you get that silly error message, just wait a minute and try again.)
If you missed the earlier sections, I put links in the beginning of this piece.

2023-11-01 00:46:24

My very frightening dog has his Halloween clothing on and is ready to protect us.
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/332/525/616/484/527/original/1ec02a2c03016ef3.jpeg

2023-10-29 23:00:25

Okay Mastodon Critics.
Did I make my case?
https://terikanefield.com/can-democracy-work-in-america-part-iii-an-msnbc-cnn-conspiracy-theory-and-the-perils-of-legal-punditry/
This is part III. If you missed the earlier parts, it's important to at least read II first.
Someone told me how to fix the Error 500 problem when I first post on Mastodon, and the solution made things worse. We'll try something else.
The problem resolves itself in a few minutes.

2023-10-29 20:11:29

I finished Part II of the series I'm working on:
Can Democracy Work in America? Part II: Creating the Conditions for Mainstream (MSNBC / CNN) Conspiracy Theories
https://terikanefield.com/can-democracy-work-in-america-part-ii-an-example-of-a-mainstream-media-msnbc-cnn-conspiracy-theories/
No energy to write a snappy intro. If you missed the first part, the link is in this blog post.
I am almost finished with Part (I did II and III as a unit but it got too long for one post). I should have it ready by the end of the day.
(If you get an error message, just wait a minute)

2023-10-26 01:39:32

If you get an error message I have it on good authority that the problem is Mastodon and not my server. Just wait a minute and try again.

2023-10-26 01:37:41

All right, all of you criminal law and First Amendment nerds. . .
The special counsel has filed its opposition to the order to stay the gag order.
If you're saying, "What the heck? I'm lost!" don't worry. I wrote up this nifty explainer to get you all caught up.
So put on your nerd glasses and have a look. A bit later I'll do a reading of the special counsel's filing.
https://terikanefield.com/status-update-on-the-first-amendment-and-putting-a-muzzle-on-donald-trump-in-the-j6-doj-case/

2023-10-25 15:55:43

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. . . but if they already had the info, they can use it, but they will have to show that they already had it.
To prevent this from being a problem they likely question him on a narrow topic that has nothing to do with his own criminal liability.
It is bad for Trump because obviously, they are forcing him to say something he doesn't want to say.
It is good for the DOJ because they get the info they want.
It is unlikely to be good for Meadows.

2023-10-25 15:53:31

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A lot of people are assuming that "immunity" means Meadows is off the hook.
I also see some reputable legal commentators buying into the "Meadows flipped" narrative.
Immunity doesn't mean he can't be prosecuted. It means that anything he says after he was immunized can't be used against him.
It keeps people from hiding information by invoking the 5th.
If the prosecution learns something new from his testimony that implicates HIM, they can't use it.
Continued . . .

2023-10-25 03:09:47

There is some confusion about Meadows "flipping."
https://abcnews.go.com/US/chief-staff-mark-meadows-granted-immunity-tells-special/story?id=104231281
Immunity is something else: This means essentially that he was forced to testify.
It works like this: If the DOJ gives use immunity, nothing he says can be used against him, so it's no longer possible to invoke the 5th Amendment.
(It's late so I'm not sure I explained it well.)
See:
https://www.law.cornell.edu/constitution-conan/amendment-5/immunity#:~:text=“Transactional”%20immunity%20means%20that%20once,from%20or%20obtained%20because%20of
https://www.justice.gov/archives/jm/criminal-resource-manual-718-derivative-use-immunity

2023-10-24 23:04:00

Reporter Stephen Neukam confirmed that a "joint" speakership between Kevin McCarthy and Jim Jordan is currently being floated.
The Constitution provides that "The House of Representatives shall chuse their Speaker and other Officers."
In four other places, "the speaker" is singular.
I don't know if "Speaker" can be two people.
I'm not sure how this would work in practice, whether it is even Constitutional, or how it would be challenged.

2023-10-24 16:26:30

Trump and Michael Cohen are facing off in court.
Yet another of Trump's lawyers pleaded guilty to crimes committed in his service.
Trump and his lawyers is a story in itself.
In 2018, Bob Bauer wrote a prescient piece for @npub1rn2…ggwn back while Cohen was still Trump's lawyer.
He observed that Trump used his lawyers to get around the law.
https://www.lawfaremedia.org/article/president-and-his-lawyers

2023-10-24 13:33:32

h/t @npub1ej6…pvaa
Jenna Ellis struck a deal with prosecutors in Fulton County. We don't have details yet.
Wow.
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2023-10-24 12:31:06

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I say this to preempt cries of "frivolous!" and "how can he get away with this."
When I filed appeals in court-appointed cases, the courts wanted to see that I was overturning each stone.
That said some of these are silly and have zero chance.
But let's have a look. 🤓
Three of the four are motions to dismiss.
Here's why motions to dismiss are difficult: You have to assume everything alleged is true.
The idea is: even if everything is true, there is no point in having a trial. . .
2/

2023-10-24 12:24:15

In the J6 DOJ trial (the big one) yesterday was Trump's deadline for filing pretrial motions.
(See attached minute order)
No surprise, his lawyers filed a bunch of motions just before the deadline.
Here's the thing about defense motions in criminal proceedings: Defendants are given lots of leeway to file motions that don't have a chance. The lawyers run into trouble only if they lie or misrepresent facts.
This is because of how much is at stake in criminal cases.
1/
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2023-10-23 01:14:50

Has anyone tried the new Activity Pub plugin for Wordpress?
It’s out of beta now.
I have a Wordpress site (which I need as an author) and a Mastodon instance (which I need because I am a control freak).
If Activity Pub works as it should, I won’t need both — but we can’t get Activity Pub to work on a Wordpress site.
Has anyone tried this?
I will trade legal analysis for technical help. (Fediverse economics)

2023-10-22 20:19:40

😂
3 days ago, Sidney Powell pleaded guilty.
Today Trump said: "She was never my lawyer."
https://www.cnn.com/2023/10/22/politics/trump-sidney-powell/index.html
I guess he forgot that on November 14, 2020, he named Powell as a member of his "truly great team" of "wonderful lawyers."
Not that it matters. She doesn't have to be his lawyer to be a witness against him.
I would have thought, instead, he would have tried to claim any communication she had with him was privileged. He loves trying to invoke attorney-client privilege.
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2023-10-20 17:50:59

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I suspect others are thinking, "Wait. I want probation and a small fine."
It's hard to turn against your own people -- but the thought of a Georgia state prison is a powerful motivator.
Also, remember, they were thinly veiled uncharged co-conspirators in the DOJ case.
I assume they were not indicted with Trump for two reasons: (1) streamline the case against Trump so there will be fewer delays (2) try to secure their testimony.
4/

2023-10-20 17:46:29

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Chesboro is a more credible witness of course.
I watched snippets of the hearing, but not all. (I'm doing this on a phone.)
From CNN's Jim Sciutto
"Chesebro admitted that he conspired with Trump, Giuliani and Eastman to put forward fake GOP electors in Georgia."
Wows.
That sound you hear is the nails in the coffin.
See why prosecutors don't rush to indict? The get all the information and work their way up the ladder.
3/

2023-10-20 17:39:55

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These guilty pleas are obviously important developments.
Demanding a speedy trial turned out to be smart. They were first up to bat.
Yesterday @rollingstone reported that "For months, Trump and his advisers have discussed which co-defendants in the Fulton County case and alleged co-conspirators in the Washington, DC special counsel investigation were most likely to cooperate with prosecutors and turn against him.
He never thought it would be Powell.
https://www.rollingstone.com/politics/politics-features/team-trump-sidney-powell-flip-rico-fulton-county-1234858576/
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2023-10-20 17:34:11

So . . . Fani Willis chalks up another win.
I don't have the actual document, but evidently Chesebro pleaded guilty to a felony charge, probation, and $5,000 in restitution.
Also "He agreed to testify at any future trials in the sprawling election subversion case and write an apology letter."
https://www.cnn.com/2023/10/20/politics/kenneth-chesebro-georgia-election-subversion/index.html

2023-10-20 11:37:56

Here is the DOJ's response to Trump's claims that the case should be dismissed because he had absolute immunity as president:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.109.0_1.pdf
There is a table of contents and it is written for public consumption.
Trump has been trying to claim immunity since he was president and so far, the courts have never given it to him
He claimed immunity when Congress wanted his tax returns. SCOTUS said no in 2021.
He claimed immunity with the Mar-a-Lago search in 2022. SCOTUS said no.
Etc.

2023-10-19 19:24:11

I’m trying this on my phone but I think it will work. Here is Powell’s guilty plea.
https://www.documentcloud.org/documents/24042671-powell-plea-of-guilty-statement

2023-10-19 14:46:26

I am getting lots of questions. The problem is here is where I am.
Actually maybe it isn’t a problem!
Visiting New England. I kept calling Boston’s subway the BART. 😂
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/262/215/317/892/864/original/37e60d74d6441236.jpeg

2023-10-19 14:15:34

We don’t know how devastating this is for Trump and friends because we don’t know what she will say in her testimony.
https://www.cnn.com/2023/10/19/politics/sidney-powell-fulton-county-georgia-2020-election-subversion/index.html#:~:text=Former%20Donald%20Trump%20attorney%20Sidney,sentence%20of%20six%20years%20probation.

2023-10-19 14:13:27

Fani Willis chalks up a win. Powell gets probation.
Powell agrees to testify.
Very interesting.
https://www.cnn.com/2023/10/19/politics/sidney-powell-fulton-county-georgia-2020-election-subversion/index.html#:~:text=Former%20Donald%20Trump%20attorney%20Sidney,sentence%20of%20six%20years%20probation.

2023-10-19 14:06:34

Well goodness. Sidney Powell is pleading guilty https://www.cnn.com/2023/10/19/politics/sidney-powell-fulton-county-georgia-2020-election-subversion/index.html#:~:text=Former%20Donald%20Trump%20attorney%20Sidney,sentence%20of%20six%20years%20probation.

2023-10-19 13:08:33

Or we are defining "left" differently.
Name leader or influential person on the "left" who puts forward deliberate lies as strategy to gain power.

2023-10-18 11:13:34

I started reading this book:
Wrong: How Media, Politics, and Identity Drive our Appetite for Misinformation.
These are things I’ve been thinking about for years, watching happen on left-leaning social media, feeling frustrated by, and trying to understand.
Then Prof. Young, a sociologist, comes along and explains.
We all know about election deniers, 4chan, and Alex Jones style cults.
But there is also a propensity to hold on to misinformation on the left.
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2023-10-17 19:38:52

Trump filed a notice of appeal for the gag order.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.106.0_1.pdf
All we have now is the notice. The actual appeal will come later.
(I'm eager to read it to see if Lauro will take a smarter approach to the appeal and leave out the grandstanding.)

2023-10-17 15:58:57

The gag order is now available. You can see it here:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.105.0_2.pdf
Just glanced it over. I notice that she took herself out. He can criticize her all he wants.
He can continue talking about the Department of Injustice, accuse the Biden administration of whatever.
(She wrote 3 pages to explain because the issues are difficult. It isn't a slam dunk in the :shut him up already' department)
I think it's solid. If I were appealing this I could find a few nitpicks, but not much.

2023-10-16 14:59:49

It seems to me that the DOJ trying to prevent a defendant from calling them the Department of Injustice is silly and petty.
If they think that will influence a juror they don't have much confidence in jurors.
Most defendants don't do that kind of thing because most defendants follow good advice and shut up.
Antagonizing courts and prosecutors is up there with spitting into the wind (and pulling the mask off the old Lone Ranger) But he hurts himself.

2023-10-16 12:13:36

In advance of today's hearing on whether the judge should impose a gag order, here is the blog post I did on a few of the problems and pitfalls with such an order:
https://terikanefield.com/trump-gag-orders-and-the-first-amendment-its-complicated/

2023-10-16 11:46:45

I just finished reading Taylor Lorenz's book, Extremely Online.
I had never heard of most of the influencers she talks about (but I never claimed to be cool 🤓 ). I did find one insight particularly interesting: She shows how, time and again, the creators of social media platforms never anticipated how people would use their creation and what it would become.
I will try to follow the hearing today on the Trump gag order in the DOJ J6 / Judge Chutkan case, but I may have other obligations.
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/244/526/052/095/478/original/70653e92c3781de6.png

2023-10-13 00:29:36

Steve Scalise dropped out of the speaker race.
https://www.bbc.com/news/world-us-canada-67097299
Now what? Nominate Jim Jordan? Resurrect McCarthy? Something else?
It has to be somewhat embarrassing to House Republicans.

2023-10-12 16:34:35

Dave Wasserman just said it may be that no Republican can get to 217.
I understand the reasoning. A handful of hardcore extremists will only vote for a hardcore extremist, and a handful of others can't vote for a hardcore extremists.
No candidate can lose a handful of votes.
What next? Chaos reigns? A handful get beyond Hakeem Jeffries?

2023-10-11 22:44:17

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Richardson tackles the question by showing how progress has been made in the past despite great pushback.
Lincoln and the Civil War got us out of an era when a small number of white men controlled everything.
But soon the white supremacists pushed back again.
For perspective, this happened after the Civil War (Screenshots 1 and 2, from page 212)
FDR and the New Deal got us out of another era when a small group of white men seized power and controlled most of the nation's wealth.
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2023-10-11 22:42:09

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Two things haven’t changed about that group of white supremacists:
(1) How they think and (2) how good they are at grabbing power.
The book draws parallels between the white supremacists of the past and today.
Screenshot #1 is from 1857, when a small group of enslavers came close to seizing control of the federal government.
Lots of us look at the rampant disinformation, the GOP glorifying of lawbreaking, and the level of right wing racism and wonder, “Can democracy work?”
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2023-10-11 22:34:52

(Thread) Democracy Awakening
OK. I’m ready with a Mastodon Book Report.
What Heather Cox Richardson does (as in her newsletter) is locate today’s events in historical context.
She opens with: “America is at a crossroads."
But crossroads aren't new. We've been at them before.
She shows how this moment is part of an ongoing struggle between a small group of white people who think that America was founded on principles of white supremacy and should remain that way, and the rest of us.
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2023-10-11 13:36:10

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@npub15x4…3p3l
Here is my understanding from my techie friends: Because Meta has said it is implementing Activity Pub, their plan is to make news algorithms available for people to elect to follow from Threads instead of within Threads.
Meta doesn'twant Threads to come to resemble Twitter, where people are hit with divisiveness.
They want fun and not anger.
Pushing news to other platforms but giving Threads followers access relieves Threads of the problems of moderation.

2023-10-11 01:58:01

Oh the lighters side, the latest MAGA conspiracy theory is sort of hilarious.
Trump says no way Biden is smart enough to be handling all of this right now, so his theory is that Obama is behind the scenes pulling the strings.
How are those not backhanded compliments that Biden is doing a brilliant job and Obama is a super smart guy?
It's all over the Internet and social media.

2023-10-11 01:53:41

I said I'd get back to US law and politics, but it all seems trivial right now.
Biden's speech earlier was top notch. I attached a snippet.
Also, from recent reporting:
"The Biden administration is now coordinating with other countries on a plan that would offer safe passage out of Gaza for civilians who risk getting caught in the crossfire in the densely populated coastal enclave, administration officials said."
That's what I was hoping for.
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/213/882/400/557/006/original/dbef2e924ebeb66b.png

2023-10-11 00:32:15

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@npub1szz…g5lr
I don't doubt that NYT v. Sullivan is in Thomas's crosshairs.

2023-10-09 22:15:34

A statement from the White House"
"Today, the leaders of France, Germany, Italy, the United Kingdom and the United States of America released the following joint statement following their call:
Today, we — President Macron of France, Chancellor Scholz of Germany, Prime Minister Meloni of Italy, Prime Minister Sunak of the United Kingdom, and President Biden of the United States. . ." (Keep reading in the screenshot)
Also, a lovely image because we all need one today.
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/207/354/387/697/182/original/02a8dd373ca416d6.png
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/207/364/319/193/126/original/e51b08096d84c8cd.png

2023-10-09 18:44:14

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Oh, and if you missed my earlier posts about this, don't worry. It's not a book about the third amendment.
It's about a paradox ⤵️
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/206/532/870/060/932/original/d6beb07583a03cb8.png

2023-10-09 18:38:07

The international news has me feeling beaten up today. I think I'll head back to my writing desk and think about the Third Amendment.
The good thing about having signed a book contract is that I have to do it.
P.S. Maybe I'll post some of my chapters in progress on my blog.

2023-10-08 21:20:59

Hypothesis: Disinformation and hate-generating tactics are behind every human-generated crisis.
Evil people either instinctively or deliberately use these tactics.
It's how democracies topple. It's how authoritarians rise. It's how evil goes unchecked.
And that is all I have to say today.

2023-10-08 16:08:11

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@npub1qu2…uj0d
However, as my techie friends have explained to me, this does not mean Bluesky will be connected to Mastodon because the protocol is not Activity Pub.
Is that still correct?

2023-10-07 23:35:05

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Better rationale: It's a noble undertaking.
Think how much better things would be if all ninth graders read a book on the Bill of Rights.
Also, I can anticipate my book being banned in Florida.
From my proposal ⤵️
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/196/353/223/784/848/original/e758edde1261ad42.png

2023-10-07 23:31:23

Whenever I start a new book, I think, "This one won't be as hard as the others because [insert fantasy.]"
Once I start writing, I realize this book will be as hard as the others.
(If you missed it, I signed a contract with Abrams to write a book on the Bill of Rights for high schoolers.)
It's my 9th book with Abrams, so you'd think I'd learn.
I've been writing all day on a Sunday. Rationale: It's too hot to go out.
Perhaps without some delusion, nobody would sit down to write a book.
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2023-10-06 18:24:03

Phillip Bump @npub1520…cw07 wrote this piece for the Post slamming Elon Musk for his latest degradation of Twitter.
You can read it through my subscription: https://wapo.st/3F4di8C
What I found interesting was the discussion of how Google solved the Internet search problem by building a website that sent people to other websites.
"The more you send people away, the more they come back."
Sounds a bit like Activity Pub and the theory behind the fediverse.

2023-10-05 18:47:06

#FunReadingLegalDocuments.
This will be a good* one: Trump's motion to dismiss the J6 indictment based on claims of immunity.
*good in the sense of 😂
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.74.0_1.pdf
A motion to dismiss is always uphill. Basically, the defendant says:: Even if everything the government alleges is true, I would win so there is no point going forward because the defendant will win. Example: the court doesn't have jurisdiction.
There is a table of contents so you can the argument in outline form.
1/

2023-10-05 01:15:27

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People were asking for Trump's Truth Social comment that went up to the line without crossing the line.
He attacks New York, Letitia James. He says he is not allowed "under any circumstances" a jury, and then the usual "in the middle of his campaign" even though he has done everything possible to make these investigations last longer, including challenging every subpoena, etc.
But he doesn't attack the court staff, and the gag order was limited to staff.
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2023-10-04 17:33:10

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As it turns out, this is exactly what Trump did. His social media post was aggressive, but did not mention the court staff.
One thing that makes Trump's case different is that the witnesses in his case are also public figures.
This matters because cases like New York Times v. Sullivan give different standards for when speech about public figures can be restricted.
3/

2023-10-04 16:52:35

It has always seemed to me that there is much overlap between shutting down the government, what happened on January 6, and the rise of anti-federal government militias in the 1990s.
Since the Civil War amendments and the New Deal, dismantling the federal government has been a libertarian goal.
This is where Christian nationalists (who resent a secular federal government), libertarians, and militias find a common cause.
Commenting on this:
https://law-and-politics.online/@AnnemarieBridy@mastodon.lawprofs.org/111177752147955069

2023-10-03 22:11:23

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If you click here you can read the article free through my subscription:
https://www.nytimes.com/2023/10/03/nyregion/trump-gag-order-fraud-trial.html?unlocked_article_code=sHr6LP7WGww-GcrA3xEF60Zv2Aqia19Epoq61p-O6IcNBxhmcVbJSw8PQFh6l0i8IqFyZYKoCq7FNQh_5JhtewfGRzTIvnAJz_goyWV1Wz1-EuYrNF9YlR8NA7sfuziACj9KCByaI1B9nIX5ljQwj8M340sHlcQALVNMwxYaPkFXlkTtiTJcrIuec_B2BOrxm2hbaG6PjOR2d_w1G4SlTc4R69rxBolV88cqUmQ-_sLCWD2v4nBt84ucg2UdY58BRuMa5K6jbFIPdwIjmJ_5MdjC8wPfu8iedMF9YJa_jw3jMnWsoh8REVGBESMBlv60iMsZyvE72nyDruIJd7Vr27oh9LghUw&smid=url-share
I am not an expert in Trump's personality defects, but my guess is that he will respond by attacking the judge but won't attack the staff again.
The post was removed.
He's a big talker but a coward.
2/

2023-10-03 22:10:42

A few thoughts about the gag order:
🔹 it is narrowly tailored (don't talk about court staff)
🔹Trump has no excuses: he doesn't have to talk about court staff as part of his campaigning and they're not speaking publically about him so he has no need to respond
🔹the court staff are not public figures or government officials so it reduces the 1st A issues
Generally, prior restraints are allowable if narrowly tailored to prevent immediate likely harm.
https://www.nytimes.com/2023/10/03/nyregion/trump-gag-order-fraud-trial.html
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2023-10-03 21:52:11

Getting caught up after being offline most of the day.
This is a good live blog. I like the parts where the Republicans sort of call each other crazy.
https://www.nbcnews.com/politics/congress/live-blog/house-speaker-kevin-mccarthy-vote-live-updates-rcna118610
Sen.Moore told NBC News that the American people are thinking, “Are you guys nuts?”
*
Kaine to. Graham, R-S.C.: “Hey Lindsey, you know you don’t have to be a member of the House to be chosen Speaker."
“Yeah, but you gotta be sane,” Graham said. “And I’m sane enough to say no."

2023-10-03 03:13:03

Answering this question⤵️
It's not that easy. The standard is ineffective assistance of counsel. The standard is here:
https://www.law.cornell.edu/wex/ineffective_assistance_of_counsel
It pits the client against the lawyer. The client has to prove:
🔹 Their trial lawyer's conduct fell below an "objective standard of reasonableness" and,
🔹 "a reasonable probability that, but for counsel's unprofessional errors,” the outcome of the criminal proceeding would have been different.
In addition . . .
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2023-10-02 18:16:36

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@npub1v2s…mqq5 This is probably a campaign finance violation, but if you're facing 700 years in prison, what's a few more? 😂