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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2023-04-30T17:44:57+02:00 Event JSON
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Last Notes npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I posted my first thread in my new home. You can find it here: https://mastodon.social/@Teri_Kanefield/111506230823887255 (Until I initiate the migration function, I will post there and do links here. The last time I tried migration, I had issues with it, so I'd like to move as many people as possible first so I don't lose people again in Mastodon Purgatory.) npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Also, my website is up and running with the kinks out of it, and (I hope) it's even better. We still have things to add, but it is functioning. https://terikanefield.com . . . and now . . . I can start thinking again about books, law, and politics 🎉 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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). npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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.🤓 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield . . . 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/415/746/103/276/709/original/da4df4e008b004ae.png https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/415/746/449/172/137/original/be045589a55cdaa1.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Aaaand . . . I have the conclusion. https://terikanefield.com/conclusion/ And there is enough daylight for a walk on the beach. JJ will be happy to have some seagulls to bark at. (If you get the error message it should go away shortly) npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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) npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I have a new blog post ready: https://terikanefield.com/can-democracy-work-in-america-part-1-there-are-no-yankees-here/ We all know that the current proliferation of misinformation is endangering democracy. I plan to show that democracy-endangering conspiracy theories have also taken root among MSNBC / CNN / and left-leaning social media audiences. At the end, I will answer the question: How can we solve the problem? If you've been a regular reader, you will find some of the ideas in this introduction familiar, but . . . 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield (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. 1/ https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/218/762/568/668/678/original/e2bbfc32259d691d.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield @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? npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. 1/ https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/196/329/578/474/734/original/e55957882ff3fa65.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield 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!" npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Who builds the best Sukkah? (What's a sukkah you ask? see: https://www.chabad.org/library/article_cdo/aid/609535/jewish/What-Is-a-Sukkah.htm) My three favorite holidays: Sukkot, Halloween, and Day of the Dead (my husband is from Chile.) This is my season. As far as building the sukkah, my husband does the heavy work. I work mostly with my index finger. (There, and there, and over there.) You can see our sunny California sky 😂 https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/156/534/153/335/441/original/95f404ace1601274.jpeg npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Walking along a gorgeous shoreline and I realized I was thinking about gag orders and the First Amendment 😂 🤓 https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/116/244/400/674/012/original/409d4f4ac3ad4b39.jpeg npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield With permission, I am showing you how my son is traveling. We just got off the plane and we're on our way to check him into the dormitories. Yes, he is wearing Birkenstocks, green plaid pajamas, and his carry-on luggage is an antique Craftsman toolbox where he will store his school supplies. My son, the individualist. https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/105/624/514/550/044/original/c288f7d886611147.jpeg npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield The youngest is packing for his first year of college. (We take him tomorrow) He will have to figure out how to manage without me reminding him to eat breakfast. 😂 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Addressing the comment that he's not likely to be a reliable witness: It could be that he has documents he can share like electronic correspondence. 3/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Adding: In a statement to Rolling Stone, Wood said that he had been informed he was “going to be subpoenaed as a witness,” but had no other information on the matter. Not that I take statements to the press at their word, but this is consistent with the facts we have: that he was listed as a state witness. So this could mean that the prosecution concluded they can call him, he'll show up, and provide valuable info. 2/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Headline writers are getting a bit ahead of their skis in the Lin Woods matter. This could just mean he is not refusing to turn over documents and not refusing to be interviewed. "Cooperation" covers a wide range of activities. It could mean the prosecution knows they can call him to the stand and he will tell the truth about certain matters. 1/ https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/098/283/856/368/103/original/f6b70127548b8d74.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Here is Mark Meadow's latest brief: https://s3.documentcloud.org/documents/23980501/georiga-v-meadows-11th-cir-brief.pdf I've said the way to get the Cliff Notes version is to read the table of contents (or if there isn't one, scroll through and read the headings.) This is intelligently written and well-argued. Will Meadows win? That's a different question 😂 Among other things, he argues that the state cannot frame charges in a way that, based on the framing, defeats the federal statute. Will it win . . . ? It could. That doesn't mean it will. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield As long as I am making predictions, I don't think Judge Chutkan will recuse herself. Yes, these predictions are coming from the person who said nobody can predict what a court will do with complete accuracy because they often surprise us 😂 npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield My conclusion: It seems to me that the greatest danger that the DOJ lists is that jurors will be afraid to serve. They quote Trump saying that D.C. “is over 95% anti-Trump." So, specifically, people in that 95% may be afraid to serve. This is obviously a problem. I assume that extraordinary steps will be taken to protect the jurors. BTW, if you are new to reading court filings, the way to get the Cliff Notes version is to scroll through and read the headings. 2/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Here's the DOJ's request for a gag order: https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.57.0_1.pdf As with all of the DOJ's filings, this was written for public consumption. It contains very little legalese, the law is presented in a straightforward way, and the material is, um, I guess you could say compelling. The DOJ refers to this as a high-profile case. Well, that's your classic understatement. I think it's safe to say that everyone in DC by now has a strong opinion about Trump. 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Cannon isn't giving Trump what he wants. Here's the latest order: https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.150.0.pdf Basically, she granted the government's proposed order. Trump doesn't get to review the classified documents at Mar-a-Lago, which was a loony request. (Remember when he asked Cannon to order the government to set up a secure facility at Mar-a-Lago so he didn't have to travel?) And he can't just talk to his lawyers about the stuff if they don't have clearance. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I wrote 5 pages 🎉 for my new Bill of Rights book (for Abrams) that starts like this ⤵️ I didn't say I wrote good pages. But they are definitely pages. Adding: I promise not to update you all each time I write some pages. https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/059/009/765/410/692/original/6f3af4f6aceaee6b.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield @npub1xpc…3t05 I think you should just stop following and engaging with me. You are not going to see things my way, and I won't see things your way. All we will do is annoy each other. I'd suggest that you mute my account. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield @npub1xpc…3t05 Please see my criminal law FAQ page for an answer: https://terikanefield.com/criminallawfaqs/ It's one of the questions I address. Grab your favorite beverage and settle into a comfy chair. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Who knows if the House crazies will even get that far, right? I don't know if impeaching a president for something done before office is even a thing. It makes no sense. I also don't know whether Biden will challenge a subpoena or just show up like Clinton did. I'll also remind you that each time Trump people have challenged subpoenas in court, people were furious and accused them of "abusing" the legal system. Everyone has the right to challenge a subpoena. 5/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield If these memos were binding on future administrations, before leaving office, Trump could have had his DOJ create opinions that would bind Biden. Nonsense, of course. Politico implies that Biden can say "HA HA I'm not complying because of a memo that the Trump administration created. There are lots of reasons Biden won't (and shouldn't) do that. If subpoenas are frivolous there are ways of challenging them in court. 4/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Remember also how horrified we were that Trump was creating rules for refusing to comply with subpoenas. (As I recall, Giuliani made similar announcements. He said that any House subpoena would be invalid because blah blah blah. No doubt at Trump's instruction, the DOJ came up with an opinion that the House subpoenas were not valid because blah blah blah. These OLC memos are not "binding" on anyone, particularly Congress. At any time, the DOJ can say 'nope.' 3/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield The executive branch cannot dictate rules to the House. The president cannot invent rules that allow him to decide when to comply with subpoenas. Also recall that we were all properly horrified by how Trump had politicized the DOJ by taking over and giving it orders. For me, by the way, this was one of the creepier moments in the Trump administration. Autocrats control prosecutors. Our system creates prosecutorial independence. 2/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I'll try again to respond to this politico piece: https://www.politico.com/news/2023/09/12/trump-doj-assist-biden-impeachment-probe-00115393 First, some background. The House issued a subpoena to Donald Trump in 2019 in as part of the first Impeachment inquiry. Trump and his advisors made up a rule: The committee could not subpoena him without a full house vote. Pelosi said that was nonsense. No full house vote was needed before the committee could issue subpoenas. Pelosi, of course, was right. . . 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Someone asked about this: https://www.politico.com/news/2023/09/12/trump-doj-assist-biden-impeachment-probe-00115393 The DOJ has no power over a process that exclusively belongs to the Legislative branch (impeachment and removal). In fact, impeaching and removing a president was deliberately not given to the executive branch (for obvious reasons). The part that is interesting is that this was what Trump's DOJ wanted when Trump was in the White House but the GOP would obviously ignore their own policies now. Biden can mention it with a laugh. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I finally saw The Little Mermaid. (I make it a point to see the movies that annoy Matt Walsh ) I loved it, but Mermaid World needs to revise its contacts code. I mean, holding the princess to a bargain after the wicked witch cheated on her end? What the heck? 😂 (Watching Disney movies with lawyers) Adding: The witch added a condition after they made the agreement. She added to the spell and changed terms so the contract should not have been enforceable !!! npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I should be more careful. To clarify: if I say, "This person has a defense," that does not mean the defense will succeed. Defenses rarely succeed. I don't know the stats in Georgia, but federal prosecutors win more than 95% of their cases. Having a defense does not = winning. Similarly, if I say "there may be an issue," all that means is that there may be an issue that can be raised without the claim being frivolous or nonsense and you never know. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield In other words, because Meadows lost, the others really have no chance at all. Adding: It was the contacts Meadows had with the campaign that swayed the judge. That was apparently why the judge called for additional briefing to find out whether "some" acts or "all" acts need to be under color of office. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield After today's hearing on Chesboro and Powell's motions to sever, I think it's time for: How To Listen to Legal Hearings Like a Pro. That way you'll all be ready for the next one. We start with IRAC, a method of legal analysis known to law students everywhere. I: Issue R: Rule A: Analysis C: Conclusion (I should have called this Fun with IRAC). ISSUE: Should these defendants have their cases severed? Now, for the rule . . . 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I used to think the problem was that Twitter and its algorithms, which----like Facebook and Fox--incentivize material that evokes strong emotions (like rage and cheering for "our side"). I now think the problem is that news has become an entertainment industry that relies on evoking strong emotions. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I signed a contract to write a book about the Bill of Rights for my favorite publisher (Abrams). I signed it a few months ago and I think it's time to start writing. 😂 Wanna see how my proposal opened? It's called "Getting the Bill of Rights Right." These books are for young readers (basically ninth grade). I write the same way for ninth graders that I write for anyone (including appellate justices) but the publisher makes the text bigger and the format friendlier. https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/012/930/189/799/108/original/8279f94fe9859f05.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I have my weekly blog post ready: https://terikanefield.com/listening-to-the-lawyers-how-to-evaluate-legal-opinions-and-separate-legal-opinions-from-legal-facts/ No time to right now write a catchy intro :) npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Here is Fani Willis's response to the court's request for additional briefing. https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.66.0.pdf One part of her argument seems to be very strong. The other part, more problematic. I'll start with what I think is strong. Remember: These are no easy answers, otherwise the court would not be asking for additional briefing and people wouldn't be spending so much time on this. To be clear: This is a purely jurisdictional question: Where will Meadow's be tried for his crimes. 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield For all the people who are asking questions about the removal issue, this is a good explainer: https://www.lawfaremedia.org/article/mark-meadows-takes-the-stand Keep in mind that there are 3 prongs Meadow has to establish for his case to move to federal court: 🔹 that he was a federal officer at the time of the alleged offense (not in dispute) 🔹 that the conduct alleged against him has a “causal connection” to his federal office. 🔹that he has a colorable federal defense against the charges. (He doesn't have to prove he'll succeed) npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Here is the sentencing memo for Enrique Tarrio and his "lieutenants." https://www.courthousenews.com/wp-content/uploads/2023/08/proud-boys-sentecing-memo.pdf "These defendants and the men in their command saw themselves as the foot soldiers of the right—they were prepared to use, and they did use, force to stop the 'traitors' from stealing the election." npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Wanna read something truly insane? This was just filed with the court. https://www.courtlistener.com/docket/67694389/57/the-state-of-georgia-v-meadows/?redirect_or_modal=True And now I think I need a break. There is some Godiva chocolate in the pantry and I need dark chocolate. (I abuse very few substances. Dark chocolate and hair care products come to mind.) npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield . . . I can't believe he did XXX and said XXX what on earth will I be able to do? This case is a LOSER OMG. (2) Spend more time. Read closely. Look for things I missed. (3) Get an idea 💡 (4) Research and write my idea. Refine my arguments. (5) final stage: OMG I SHOULD WIN THIS so I don't trust knee-jerk reactions, particularly when a person is being an advocate (unwittingly)for one side of the other. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I also think that it is a disservice for a pundit to say, "Meadows case has a fatal flaw," because the public doesn't really this is an opinion and without realizing it, the pundit is acting as an advocate. Advocates always think that their side will win. In fact, I'll tell you my experience as an appellate lawyer representing people who lost their trials or hearings. Here was my process. . . (1) Read the record. Think OMG my client is in deep trouble . . . 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Once more, I stand alone thinking that Meadows has a chance at this. I do not think the case against him is a slam dunk. His case is not a slam dunk either. That's why I think it could go either way. I can't rate his chances because it's impossible to know what a court will do, but winning is possible. Losing is also possible. I just disagree with the pundits saying that his case has "fatal flaws." npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Just catching up on a few interesting developments: GA: Mark Meadows is taking the stand in his evidentiary hearing. DC: Lauro is having a meltdown because the judge said he doesn't get two years to prepare. He is talking like he's done zero prep yet, which makes sense if you spend your time preparing for cable TV, I guess. ("Wait! You mean we gotta READ stuff?) Looks like Trump won't get a 2026 hearing and the DOJ won't get Jan. 2, 2024. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield How I feel after reading a dozen pre-trial motions and almost finishing my weekend blog post. https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/110/958/515/331/722/822/original/f0939f4e41bd9c37.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I am getting so many questions about why I think that Meadows' argument is not laughably absurd and might win that I want to try again to explain. Make sure you read this first: https://law-and-politics.online/@Teri_Kanefield/110951211157155574 To be clear, I am not saying he WILL win. I am saying that he COULD win. There is a difference. Here is how the law works: To find out if Meadows meets the requirements of the statute, you have to look at the statute. Then you break the statute into elements. 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Some of you are being silly. He is not claiming he is carrying out a duty because he is wearing a suit or helping Trump rape someone. He is claiming that his acts (setting up meetings, joining phone calls, running errands for the president) occurred BECAUSE he is the Chief of Staff. Those are chief of staff things to do. The fact that he was committing crimes (or knew he should be doing that stuff) is not an element. This is a statute for people accused of crimes. 6/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield . . . is that removing his case does not satisfy the purpose of the statute. At any rate, I could see this going either way, but I would not be at all surprised if Meadows wins. This is not to say he will, but, once more, I am impressed with this brief. It's literally the first one I have seen from Trump pals that is worthy of consideration. 4/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield He has to meet two prongs: He has to show a casual connection between the accused acts and his role as Chief of Staff. He has to show that he has a "plausible" federal defense. He doesn't have to show his defense will succeed. That is for a trial. (This seems like the easy part. Any defense lawyer can come up with a list of defenses, none of which are likely to succeed 😂 ) The best argument AGAINST him, it seems to me. . . 3/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Remember, this is a jurisdictional issue. In showing that he meets the standards under 28 U.S.C. § 1442(a)(1) for his case to be heard in federal court, he needs to show a causal connection between his duties as Chief of Staff and the conduct he is accused of. He cites caselaw which says he needs to show that he was not “acting on a frolic of his own which had no relevancy of his official duties.” 2/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Here is Mark Meadows' reply to the Fani Willis's response to his motion. To make sense of the above sentence: Motions and briefs tend to come in 3s. First, a person files a motion or brief. The opponent files a response. Then the person who originally files gets a reply. Basically he says WRONG there is a connection between his acts (setting up meetings between the president and others) and his role as Chief of Staff, which is to "advise and assist the president." https://storage.courtlistener.com/recap/gov.uscourts.gand.319225/gov.uscourts.gand.319225.45.0_1.pdf 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Several former prosecutors and Michael Luttig have filed an amicus brief arguing for why Meadows should not be allowed to remove his case to federal court: https://www.documentcloud.org/documents/23925845-georgia-v-meadowsclark-amicus-brief The point I have been making is that Meadows has a decent argument (not that he will win. But he has had a decent argument.) I maintain that if he didn't have a decent argument, nobody would be bothering with these amicus briefs. Nobody worried about the silly motions to dismiss. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I'm quoting this to make the point that there are two distinct views of American history and the purpose of government. One (Jefferson's) is decidedly anti-democratic. He was, after all, an unrepentant enslaver (I know he made noise about the evils of slavery but actions speak louder). The other side is democratic. The anti-democratic side is entrenched in our history and isn't going away. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield wapo.st/3OMwMDk for an account of Trump's hints of political violence. Also recall Eastman and Jeffrey Clark's glib reference to political violence. Yesterday I quoted Jefferson: "Even this evil [the tumult of liberty] is productive of good. It prevents the degeneracy of government, and nourishes a general attention to the public affairs. I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical." https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/110/945/205/271/940/759/original/e7a02b654c2b33e6.png https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/110/945/208/325/320/654/original/7b1e879297e82817.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield One way to tell the true believers: They want Trump to pay for their lawyers. Some of the people who want Trump to pay for their lawyers (like Ellis and Giuliani) are lawyers so they know exactly what it means to have a co-defendant pay your bills: Your interests can't diverge. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Another thought about the filings from the Georgia defendants. Some like Eastman and Clark, are true believers. The CA State Bar was sort of aghast that Eastman showed no remorse. Both were glib about the possibility of violence. Thomas Jefferson, who in my view gets way too much credit, once said: "I hold it that a little rebellion now and then is a good thing and as necessary in the political world as storms in the physical. . . " (see screenshot #2 for the remainder of the quotation.) https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/110/941/075/173/652/557/original/8f30fb0399e54387.png https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/110/941/089/430/706/775/original/b91efdbcce86c5cb.png npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield I was thinking about Jeffrey Clark's rant in his filing about how the indictment is a political "hit job." The Republicans gave us "lock her up," a 5-year-investigation into Hunter Biden, and a former president who told Zelensky "I'd like you to do us a favor though" and announce an investigation into the Bidens. Everyone calls it "projection" but I think it's a deep cynicism that everyone does this. They must think, "the Democrats are better at witch hunts than us." https://s3.documentcloud.org/documents/23922289/clark-removal.pdf npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Here is Jeff Clark's motion to remove. https://www.documentcloud.org/documents/23922289-clark-removal He is also raising the "federal officer removal" doctrine, which is no surprise given that he was a lawyer with the DOJ. He is also furious!! He had no idea he was being investigated until he was indicted. He is calling it a political "hit job" and says the goal was to "cost him millions in legal fees, impair his work in the conservative legal community" and "tarnish his previously stellar reputation." 1/ npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield People. The “federal officer removal” doctrine is not the same as the Nuremberg defense. (1) this isn't a defense. It's a jurisdictional issue. (2) They're different doctrines. For more, click here and scroll down to Meadow's motion: https://terikanefield.com/over-the-cliff-notes-another-trump-indictment-a-motion-to-remove-and-more/ We do have a "public authority defense" that I wrote about for the Washington Post: https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/ The public authority defense comes in at trial. It may not work, but it's a recognized defense. See my article for how it works. npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf Teri Kanefield Let the finger pointing begin. Former Georgia Republican Party Chair David Shafer, indicted in Georgia for his role in the fake elector scheme, said attorneys for Trump, his campaign and the local GOP were responsible for urging him to assemble a slate of false presidential electors that are now at the heart of a sprawling racketeering case. https://www.politico.com/news/2023/08/22/trump-indictment-false-electors-00112229