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Public Key

npub10dw8nkvktm3kt87ylq3l4eneuwu5czczturc7ngdk3dr89tjcp4q4avnsf

Profile Code

nprofile1qqs8khremxt9acm9nlz0sgl6ueu78w2vpvp97pu0f5xmgk3nj4evq6spz4mhxue69uhhyetvv9ujumt0wd68ytnsw43qt6z0j8

Publishing to

relay.mostr.pub

Last Notes

2023-12-02 17:47:49 GMT

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 GMT

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 17:20:44 GMT

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.)

2023-12-01 15:39:34 GMT

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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 🎉

2023-11-30 15:56:44 GMT

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.

2023-11-23 22:55:47 GMT

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

2023-11-22 20:17:25 GMT

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Karen Turley @npub1lwf…p4zh wants my Cliff Notes.
These two paragraphs are not fair to the article, which goes into slave narratives and the suppression of the speech of those enslaved, and the overlap between the First and Fourteenth Amendments, but pulled out what I needed.
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/111/456/079/842/634/833/original/42707dc58577685e.png

2023-11-20 15:23:33 GMT

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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 GMT

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/

2023-11-18 18:04:01 GMT

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 19:28:20 GMT

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/

2023-11-15 17:54:22 GMT

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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 17:38:56 GMT

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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 GMT

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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 GMT

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 GMT

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.

2023-11-09 15:34:11 GMT

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

2023-11-08 18:15:35 GMT

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.

2023-11-04 14:46:29 GMT

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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 GMT

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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 13:38:39 GMT

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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 GMT

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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 GMT

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/

2023-10-29 23:00:25 GMT

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 GMT

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 GMT

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.

2023-10-25 15:55:43 GMT

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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 GMT

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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 . . .

2023-10-24 23:04:00 GMT

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 12:24:15 GMT

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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2023-10-20 17:50:59 GMT

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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 GMT

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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 GMT

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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/
2/

2023-10-20 17:34:11 GMT

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 GMT

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 GMT

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 GMT

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 14:13:27 GMT

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 GMT

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 GMT

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

2023-10-17 19:38:52 GMT

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 GMT

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 12:13:36 GMT

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/

2023-10-13 00:29:36 GMT

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.

2023-10-11 22:42:09 GMT

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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?”
2/
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2023-10-11 22:34:52 GMT

(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/
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2023-10-11 01:58:01 GMT

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 GMT

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

2023-10-09 18:44:14 GMT

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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 GMT

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 GMT

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 GMT

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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 23:31:23 GMT

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/
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2023-10-06 18:24:03 GMT

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 GMT

#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/

2023-10-04 17:33:10 GMT

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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 GMT

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/@[email protected]/111177752147955069

2023-10-03 22:11:23 GMT

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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 GMT

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/

2023-10-03 21:52:11 GMT

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."

2023-09-30 22:48:31 GMT

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

2023-09-29 16:36:00 GMT

This is very interesting:
Chesebro and Powell demanded speedy trials to begin October 23.
During the hearing today, Georgia prosecutor Nathan Wade indicated that the government "may" extend plea deals.
This is the part of litigation that can feel like a game of chicken.
The prosecution is the first to mention it. The Defense has previously maintained innocence and that unless charges are dropped, there will be a trial.
1/
https://www.yahoo.com/news/fulton-county-prosecutors-signal-may-145530058.html

2023-09-26 19:10:45 GMT

Okay, I have it ready (whew)
Trump, Gag Orders, and the First Amendment.
https://terikanefield.com/trump-gag-orders-and-the-first-amendment-its-complicated/
I believe I've answered all of your questions.

2023-09-23 20:03:04 GMT

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

2023-09-21 03:28:59 GMT

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. 😂

2023-09-20 16:38:02 GMT

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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/

2023-09-18 15:29:51 GMT

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 😂

2023-09-15 21:49:16 GMT

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/

2023-09-13 16:18:26 GMT

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@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.

2023-09-13 14:19:07 GMT

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/

2023-09-06 14:46:45 GMT

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.

2023-08-30 19:27:58 GMT

Looks like Peter Navarro will be on trial starting next week.
His excuse that Trump told him to invoke executive privilege didn't fly because he presented no evidence that this had happened.
I suspect that Trump signaled what he wanted Navarro to do in mobster talk. Navarro was loyal. And now Navarro goes on trial.
https://www.nbcnews.com/politics/donald-trump/judge-rejects-former-trump-aide-peter-navarros-executive-privilege-cla-rcna102538

2023-08-30 01:51:06 GMT

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)

2023-08-29 23:34:30 GMT

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."

2023-08-26 23:55:47 GMT

Meanwhile my 18 year old calls out: "Look what I can do!"
(That is always concerning.)
Turns out he can balance a bamboo pole straight up on his nose.

2023-08-25 20:03:14 GMT

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/

2023-08-24 01:55:06 GMT

I am enjoying my evening. The weather is pleasant, it is still sunny, and my husband managed to bring these vines back from near death after this winter's floods. It's lovely out here in the backyard.
In other words, I am not watching the Republican debate.
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/110/942/099/510/192/578/original/15dbafd5879a178e.jpeg

2023-08-22 15:40:55 GMT

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

2023-08-21 14:53:43 GMT

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Because Meadows is asking that his case be dismissed before a trial, all we have are the government accusations.
We don't have his side of the story (which requires a trial.)
He is basically saying that the government's indictment, on its face, fails.
His argument is that federal law and policy put the Chief of Staff in an advisory role, and if he didn't accompany Trump in his Georgia adventure, he would have been unable to provide good advice.
3/

2023-08-21 14:50:59 GMT

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Here’s the problem. He cites law saying that states may not “impede or interfere with the actions of federal executive officials when they are carrying out federal laws” . . . but neither he nor Trump were carrying out federal laws.
Key point: The executive branch has nothing to do with administering or monitoring elections.
Therefore, neither Trump nor Meadows were “carrying out federal laws.”
2/

2023-08-19 02:00:26 GMT

This is literally the weirdest motion I have ever seen:
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.125.0.pdf
Has anyone ever seen anything like this?
It's like Trump is trying to get the Smith in trouble with Cannon. So weird.

2023-08-15 14:27:59 GMT

A few observations about the Georgia indictment:
The Georgia RICO statute seems to work much like he federal conspiracy statute: People enter a conspiracy to commit an illegal act and take steps in furtherance.
I’ve described federal conspiracy as a way for prosecutors to cast a wide net. My former mentor Mark Reichel calls it “the darling of the prosecutor’s garden.”
Apparently the same can be said for Georgia’s Rico statute.
Regarding the number of time Trump is mentioned . . .
1/

2023-08-15 03:18:09 GMT

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Georgia RICO is easier to prove than the federal version because Georgia law doesn’t require prosecutors to prove an underlying “criminal enterprise.” They only have to prove that the defendants committed some illegal acts in pursuit of a single criminal goal.
First we get a list of the "manner and methods used by the Defendants and other members and associates of the enterprise to further the goals of the enterprise and to achieve its purposes.
2/

2023-08-14 23:28:17 GMT

Should we sing Georgia songs?
Georgia on my mind?
Or better:
The devil went down to Georgia he was looking for some votes to steal
He was in a bind cause he was way behind and he was ready to make a deal
Should I delete this because it's too corny?

2023-08-14 19:18:39 GMT

Indictments from Georgia may come today instead of tomorrow.
I asked Anthony Kreiss (a law prof in Atlanta) when the public would see the indictments and he said as soon as they are filed with the clerk.

2023-08-14 15:31:34 GMT

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In other words: “It was the other guys, not Chesebro.”
Another example: Robert Costello, Giuliani’s attorney said that Giuliani had nothing to do with Sidney’s “Crackpot” ideas: https://amp.cnn.com/cnn/2023/08/13/politics/coffee-county-georgia-voting-system-breach-trump/index.html
And, an understatement from the piece: “Prosecutors appear to be only too happy to seize on these divisions”
Prosecutors to potential defendants: There are always buses passing by.
4/

2023-08-14 15:27:47 GMT

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I've called this the moment defendants start pointing the finger at each other.
The DOJ strategy seems to be this: Indict Trump alone to get to trial quickly.
This will pressure on the co-conspirators who haven’t yet been charged and might like to avoid it. (They’re like, “OMG they really indicted Trump!)
Suddenly these unindicted co-conspirators feel very vulnerable.
As we all learned from the Godfather, the way to get the mob boss is for a highly-placed insider turns on the boss.
2/

2023-08-10 22:20:10 GMT

#FunReadingLegalDocuments
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.23.0_5.pdf
The Government filed its required motion suggesting a trial date: Trial to begin January 2, 2024, with jury selection completed before the holidays.
Yup, that's fast.
Factors to consider:
🔹 Time for the defense to prepare.
🔹Public interest in a speedy resolution.
They support with examples of cases of similar complexity getting to trial on that timeline.
It's clear why this case was streamlined with no co-defendants.
1/

2023-08-09 22:52:18 GMT

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Everyone knows the standard by now: To get the warrant the government needs to present probable cause to believe there is evidence of a crime in the specific place they are looking.

2023-08-09 20:15:20 GMT

A few comments about the warrant to search Trump's Twitter account.
A search warrant requires probable cause to believe the search will turn up evidence of a crime.
I would assume that the evidence was in the DMs.
https://www.cnn.com/2023/08/09/politics/special-counsel-trump-twitter-search-warrant/index.html

2023-08-07 16:15:32 GMT

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@npub19kr…8m4r
For this to be contempt of court he has to violate a specific order.
There is no gag order and no protective order in place.
He was given a standard order not to break federal laws.

2023-08-07 15:03:08 GMT

If you have any questions about criminal law, or you are tempted to say:
🔹 There are never any real consequences
🔹Justice Delayed is Justice Denied
🔹If ___ doesn't happen, it means that rule of law is dead
🔹Any other oft-repeated talking point, please see this post:
https://terikanefield.com/frequently-asserted-rage-inducing-simplifications/

2023-08-06 15:27:30 GMT

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Trump is putting his political needs ahead of his need as a criminal defendant.
This is not stupid because his only hope right now is to keep his grip on the Republican Party.
Adding: The DOJ took care not to indict him as a two-bit bullying thug. We have known that about Trump for years and he has a huge following because people like bullies.
The DOJ wants this to be about an illegal attempt to overturn the election.
That's where the focus should stay.
5/

2023-08-06 15:24:00 GMT

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This ploy only works because social media is a rage-generating machine.
If you picked up the newspaper once each day, or twice each day, this ploy would not work.
But everyone has to chase the latest shiny thing.
So Trump puts out a shiny thing, which is no different from what he has been doing for years, and everyone chases the shiny thing as if it is somehow brand new.
And they stopped talking about what matters: An indictment to overturn the election.
4/

2023-08-05 14:22:38 GMT

One day I will write a piece on how I became a defense lawyer. It was NOT my plan when I went to law school. (I thought I would practice First Amendment law).
Then you will know why I respected this DOJ from the beginning.
And why I knew all along that they were going for Trump and they were going to get him.
(I felt like I was staking my reputation on that in 2021 and 2022, but silly me. I didn't know how the Internet works. People are wrong and everyone forgets 😂 )

2023-08-05 14:08:38 GMT

My response to all the people saying "Trump needs to be treated like the rest of us if we were criminal defendants."
Most people get third-rate low level prosecutors who shake their fists and bluster and screw up and give the defense lots of openings.
Trump is getting special treatment: The nation's best prosecutors.
After mulling over the indictment, here is what I think . . .
1/

2023-08-05 13:19:10 GMT

If you missed this from last night: https://law-and-politics.online/@Teri_Kanefield/110835182203793508
Trump posted "IF YOU COME AFTER ME I AM COMING AFTER YOU" and the DOJ gave a pitch-perfect response.
This morning, Trump posted this:⤵️
It looks to me like a backpedal.
This is Trump talk for "I didn't mean it the way it sounded, Your Honor."
This DOJ knows know to deal with him.
Someone on Twitter reminded of this: “Never wrestle with pigs. You both get dirty and the pig likes it.”
― George Bernard Shaw
https://s3-us-west-1.amazonaws.com/lapmastodon/media_attachments/files/110/837/186/199/509/764/original/36f6186ec212336f.png

2023-08-05 04:44:25 GMT

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Notice: Trump's post doesn't name anyone.
He's a mobster. He knows how to give himself deniability.
He's testing the waters. The response will baffle him because he doesn't understand restrained subtlety.
2/

2023-08-05 04:07:57 GMT

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@npub178r…qekt @npub1ec7…933z
I'm sure there is a workaround.
Some prisoners are more vulnerable to attack from other inmates, but I can't see Trump really mingling, right?
Adding: I've known cases of inmates attacked by prison guards.

2023-08-01 22:22:48 GMT

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I am going to skim through all these facts as the indictment marches through each of the actions in each swing state (even though some of them 🔥 ) to get to the next charges.
P. 21: Trump gets all the blame for the fake electors.
Heading:
The Defendant's Use of Dishonesty, Fraud, and Deceit to Organize Fraudulent Slates of Electors and Cause Them to Transmit False Certificates to Congress
(I know through the defense bar grapevine of at least one fake elector totally cooperating.)
7/