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Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

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.)

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

@kevin

A mixture of beef, onions, olives, raisins and amazing spices.

MHowell,
@MHowell@kolektiva.social avatar

@Teri_Kanefield Looks delicious. Would you be willing to share a (link to the) recipe?

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Answering this question: https://law-and-politics.online/@[email protected]/111429189190084052

Nobody really knows what is meant by "officer of the government." It might include the president. It might not. A president occupies a unique position under the Constitution.

Basically what the judge did was punt the issue to the appellate court.

The judge found that Trump incited an insurrection (a finding of fact) but didn't find that he was an officer of the federal government (a matter of law).

Here's why the distinction matters . . .

1/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

The Third Section of the Fourteenth Amendment was added to the Constitution after the Civil War to keep former Confederates out of the government.

The idea was to prevent backsliding.

It didn't work because, by the late 1890s, the government and Supreme Court were stuffed full of Confederate sympathizers who rolled back the advances made during Reconstruction and gave us racial segregation.

You can keep out the insurrectionists but not the insurrection sympathizers.

5/

Virginicus,
@Virginicus@universeodon.com avatar

@SummerDay @Teri_Kanefield if a court rules that the Commander in Chief of the armed forces doesn’t hold a military office, I’ll join you in saying things are illogical. 🖖🏼

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

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/

1/

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

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/

Serious woman, watching the court with a series face, sitting beside the judge.

chemoelectric,
@chemoelectric@masto.ai avatar

@Teri_Kanefield Sure. Trump has a COMPULSION to attack women. So his lawyers are helping him do that.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

This won't work.⤵️ It will not fool anyone.

"GOP strategists urge congressional candidates to campaign against a national abortion ban"

"Disturbed by tough election losses on Tuesday, Republicans say the party needs to make clear to voters, in speeches and TV ads, that it doesn't favor banning all abortions."

Their idea: Say the GOP is for "reasonable limits on late-term abortions" as opposed to Dems' "taxpayer-funded abortion without limits.”🙄

https://www.nbcnews.com/politics/congress/republicans-urge-congress-candidates-oppose-national-abortion-ban-rcna124253

1/

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

My son was born at 1:30 a.m. on November 5.

We set the clocks back last night at 2:00 a.m.

That means we went through the hour of 1:00 a.m. - 2:00 a.m. twice.

That means we had his exact birth time twice today.

So he has a double birthday today, right?

🤔

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

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/

researchbuzz,
@researchbuzz@researchbuzz.masto.host avatar

@Teri_Kanefield They're just not used to looking at un-Botoxed women?

Teri_Kanefield,
@Teri_Kanefield@law-and-politics.online avatar

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. Kise knows that.

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/

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

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.

Rhaedas,
@Rhaedas@kbin.social avatar

@Teri_Kanefield Even in a duo, Jordan would be the speaker, because he can't keep his damn mouth shut.

UncivilServant,
@UncivilServant@med-mastodon.com avatar

@Teri_Kanefield Even if it is constitutional, I am reminded of the old tradition that only one person on a ship can be called "captain", regardless of rank.

This is also one reason we quickly amended the Constitution to stop putting the runner-up as VP. It only takes a moment's thought and a little experience with...people like Jordan, to see the obvious outcomes in a moment of crisis.

And if such moment fails to happen by chance, surely it will be nudged along.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

😂
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.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

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.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

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.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Here is the irony of Trump asking Cannon to delay his trial until November 2024 on a flimsy excuse:

If he were smart, he'd try to go to trial first with the one judge most likely to try to tip the scales in his favor.

IInstead, this trial is likely to come last.

That said, I have no idea how far he will be able to push Cannon, but the excuse that somehow he can't travel to D.C. to view the docs is absurd.

https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.167.0.pdf

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

I gather Trump's lawyer, Alina Habba, is presenting Trump's "They're Out To Get Me" defense.

It won't work, of course.

It also cynically assumes that everyone (or lots of people). commit fraud and poor Trump is the one being picked on by the government.

"If they get me for defrauding the government out of a billion dollars they can do it to you! They're not after me. They're after you! I'm just standing in their way!"

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Hi, everyone,

Happy Trump Is In Court for Fraud Day.

https://www.reuters.com/world/us/donald-trumps-business-empire-peril-civil-fraud-trial-opens-new-york-2023-10-02/

Also, goodness.

SCOTUS, minus a recused Clarence Thomas, rejected Eastman's attempt to challenge the lower court's rulings that described him as a linchpin in former President Donald Trump’s bid to subvert the 2020 election.

That means the finding that he likely committed crimes stands.

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

Scott Hall pleaded guilty.

It looks like he got a nice deal in exchange for truthful testimony:

"Hall agreed to testify truthfully when called, to five years probation, a $5,000 fine, 200 hours of community service and a ban on polling and election administration-related activities. He also recorded a statement for prosecutors and pledged to pen a letter of apology to Georgia voters."

And, as per the article, Yes, Definitely a victory for the prosecutors.

https://www.ajc.com/politics/breaking-first-trump-rico-defendant-takes-plea-agreement/3L3OZWOFIJHWHLJUTQSNHO4VL4/

1/

Teri_Kanefield, to random
@Teri_Kanefield@law-and-politics.online avatar

What is the practical effect of the fraud judgment against Trump Org?

I don't think anyone knows yet. For one thing, we don't know what the damages will be. James is asking for 250 million.

Worst case scenario: loans will be recalled, assets sold to pay the judgment, and the house of cards collapses.

I'm sure Trump has money stashed around the globe, so he won't lose everything.

It will certainly be harder for him to pretend he's a successful businessman and billionaire 😂

1/

not2b,
@not2b@sfba.social avatar

@Teri_Kanefield He's appealing and suing the judge, right? I guess that will delay any consequences for a while.

Though perhaps his creditors might start calling loans immediately while there are still assets to grab, and I don't think appeals would hold them off, but I don't know.

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