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TwiceHorn

Certifiably Surly
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Everything posted by TwiceHorn

  1. She was "given" this case mostly because she's the sole judge in the Fort Pierce Division. There's another judge from another division that takes some cases there, but apparently not many because he has to travel to that courthouse. The Chief Judge can reassign, but usually needs a reason to do so.
  2. Well she actually ordered both sides to prepare jury instructions modifying 18 USC 793 with the PRA, which Smith contends is a grievous error of law. And Trumpco loves. It's fucking nuts.
  3. Yep. Ironic that she chides Smith for asking for an early resolution on the jury instructions THAT SHE FUCKING ORDERED THEM TO SUBMIT. Also the denial of the motion to dismiss is somewhat inconsistent with the jury instructions ruling.
  4. I dunno man. You'd really think her clerks would at least question what she's doing. But a dumbshit may hire dumbshit clerks. And to be somewhat fair, neither the PRA itself or the court decisions nibbling around the edges of it are particularly clear about how the overall process works. Another unfortunate thing is that there is a pretty long history of questioning the legitimacy and constitutionality of the Espionage Act, particularly as applied to the press, so looking askance at it is not wholly unwarranted. My/our hero Steve Vladeck ironically gave testimony to Congress about the Espionage Act being a bit of a shit show about 10 years ago. https://irp.fas.org/congress/2010_hr/051210vladeck.pdf Still, as is well known, I try to follow this shit in fair detail. I'm probably not the greatest legal mind and I do have a pretty hardcore anti-Trump bias, but this shit just doesn't seem that difficult.
  5. I think she's really fucking stupid.
  6. After conventional instructions regarding 793, the government proposed the following addition: I instruct you, however, that, as to a former President, even if he lacks a security clearance, lacks a need to know classified information, and stores information outside of a secure facility, he is authorized to do so if the classified information is contained within a “personal record,” within the meaning of the Presidential Records Act (PRA), a statute that establishes the public ownership of presidential records and ensures the preservation of presidential records for public access after the termination of a President’s term in office. And this after instructing, in accordance with the PRA, that a "personal record" is: all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President, and includes (A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business; (B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and (C) materials relating exclusively to the President’s own election to the office of the presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President. Trump's lawyers have to be fairly astonished that she actually bit on any of this shit.
  7. The executor has the power and discretion to sue on behalf of the estate, ie the deceased. If uncle could have sued while alive, then in most cases the executor can sue post-mortem. Discretion may be the key word here. It sounds like the attorney-in-fact (sister) may have breached her fiduciary duty under the POA. If it was severe, ie a lot of money, and there's much chance of recovering some or all of it, that's something the executor can do. The expenses are paid by the estate. And yes, the executor should obtain an attorney at minimum to help with the Jim Bob issue. The lawyer that files the probate is usually the executor's lawyer, because it is the executor who applies to probate the will in many or most cases.
  8. The bond issuer, unlikely. Their concern is putting up 145M shekels in Trump's name and getting paid when the bond gets disbursed to the plaintiff. Now, if for some reason or other the bond didn't turn into 145M on disbursement, they might have a problem. Trump's financial statement is going to need to indicate that he doesn't have 454M in cash or cash-equivalents lying around and support his arguments for reducing the bond, e.g. that liquidating real estate on short notice is hard and a money-loser.
  9. That's good shit. And, I was unsure of the remedies available to the government upon threatened adoption or bad jury instructions. But that motion-thing cites authority for mandamus being an appropriate and grantable remedy. And, although I don't think it's very likely in a general case, this is the kind of thing that might actually get her kicked off the case by the 11th Circuit. Mandamus is premised on the notion that the trial judge has screwed the pooch, nay, fucked the dog and is going to fuck someone hard in the process. It invokes the supervisory jurisdiction of the appeals court to correct grievous errors in real time, rather than after trial and judgment.
  10. Finding an alternative based on the votes of the dumbest, least-informed voters in the history of evar.
  11. Reschenthaler's bill is also backed by Reps. Michael Waltz, R-Fla.; Andy Ogles, R-Tenn.; Chuck Fleischmann, R-Tenn.; Paul Gosar, R-Ariz.; Barry Moore, R-Ala.; and Troy Nehls, R-Texas, according to the website Congress.gov.
  12. Possibly. An execution-style foreclosure can be an even bigger clusterfuck than a mortgage foreclosure, so pushing that off could have some value.
  13. Yup. That's why they're typically 100% secured with liquid, foreclosure-free assets.
  14. Wice seems to get quite a few of these special prosecutor gigs and for some reason unauthorized practice of law cases. Any insight into that? lockquote widget
  15. To be honest, these charges were kinda chickenshit from the get go. The SEC declined to charge him criminally and Texas rarely charges these kinds of things. While it is quite amazing how he was able to delay the case, it is also somewhat amazing that he was charged in the first place and pursued for so long. The fact that the special prosecutor was getting paid (admittedly a pittance) may have had something to do with it.
  16. A common theme among fundagelicals is congregationalism. Meaning in this application that the individual congregation manages its own affairs, including deciding its own theology. Although certainly not infallible, those denominations with a more episcopal polity, that is, a hierarchy of governance, tend to be less extreme and more nuanced in their deeper beliefs and the hierarchy tends to exert a moderating influence. Congregationalism seems to be the most direct path to fundamentalist extremism in all the worlds religions. Judaism being a somewhat notable exception, probably given their strong tendency toward academicism among clergy and even lay members.
  17. The catlick common gooders, too. They might need a little reminder that took 150 years to elect a papist president. The mackerel snappers and the ratfuck babtis gonna be at each other's throats before we know it. /ht Stephen King
  18. Hell of a ninth from Dre. Never a doubt.
  19. Joe Bob Briggs. Aka John Bloom, native Texan for what that's worth anymore.
  20. Flare gun fu. Twist and shout check it out.
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