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I am really mixed on this one: https://www.rawstory.com/trump-in-jail/
On the one hand seeing Trump in jail would please me greatly. On the other I'm left asking how a judge has the right to restrain free speech at all. saying someone should "rot in hell" outside of court and having that land you in jail seems like a huge violation.
Idk it seems like the whole point of having a court system is the first place is to prevent parties from being pressured to withdraw, drop the dispute, with public letter writing campaigns
Just STFU. When it’s over you can tell everyone how you’re poor now and your life is ruined. That’s free speech.
@jenny_wu Threatening people is illegal with or without a court order. If he said "this man should be murdered" then I would agree with you. But "he should rot in hell", no thats not even a threat.
@freemo @jenny_wu Taken very literally, "X should be murdered" is not a threat: it's simply a statement about a world you'd prefer to live in. Obviously that approach makes no sense, because then well-understood codes speech becomes a way to skirt around any laws prohibiting threats.
If one tries to include various coded threats, then the statement itself is not enough to detemine whether it's a threat: the whole point of coded speech is to make it easy to read for intended recipients and hard to convincingly convey to others, so it relies on lots of context.
@realcaseyrollins @jenny_wu @freemo @robryk Vocally supporting violence is protected by the first amendment. Committing or inciting violence is not.
@LouisIngenthron @realcaseyrollins @freemo @robryk
Narrow place-and-time restrictions. Wishing that the complainant would be murdered and burn in hell is a given, really. That cathartic speech can wait until after the lawyers are paid.
It says “Congress shall make no law” but the judiciary can impose reasonable restrictions with proceedings in motion.
If a law is what grants the powert to the judiciary then its a violation.
Obviously I do agree with the general consensus here that directly intimidating a witness goes beyond free speech of course. My issue is not with him going to jail for legit threats, in fact I'd **want** that. My issue is that the judge talked about it being legitimate to send him to jail for saying "rot in hell", to me that feels like a violation. Even if we can argue legally it isnt, it should be.
@freemo @LouisIngenthron @realcaseyrollins @robryk
2. The capitalization in the message suggests that Trump wants the prosecutor in hell, preferably immediately, and ideally without leaving God or the prosecutor any choice in the matter.
3. Saying it on Christmas adds another layer of nastiness that reflects poorly on the office of the former President, his family, caregivers, and the professional competence of legal counsel who are duty bound to protect his and their own reputations.
> The capitalization in the message suggests that Trump wants the prosecutor in hell, preferably immediately, and ideally without leaving God or the prosecutor any choice in the matter.
That seems like an aweful lot you are infering without cause from a simple capitalization. Courts are suppose to act on facts, not assumptions.
> Saying it on Christmas adds another layer of nastiness that reflects poorly on the office of the former President, his family, caregivers, and the professional competence of legal counsel who are duty bound to protect his and their own reputations.
Being nasty isnt illegal. It is a totally valid reason to dislike the man, not a valid reason, in and of itself, to justify jailing him. Besides there are plenty more legit reasons that could cause him to wind up in jail, best we stick to those IMO.
If we started arresting people for nastyness New York City would be empty.
@realcaseyrollins @freemo @LouisIngenthron @robryk
I’m not saying Trump should go to jail for nastiness alone, or that he should go jail at all. But there’s a few non negligible legal questions raised:
1. Whether or not the trial is a campaign event
2. Whether or not the trial is media performance art
3. Whether or not his legal representatives are fit to practice law
4. Whether his legal representatives can be relied upon to give effective counsel to future clients
For points 1 and 2, #Trump did not orchestrate the trial, his political enemies did, and furthermore if trials are viewed as campaign events, that's not entirely the fault of the courts, and is not illegal either.
For the 3rd and 4th point, none of that is illegal. You can have a bumbling oaf providing awful legal advise and lose your case, nothing illegal about that at all.
@realcaseyrollins @freemo @LouisIngenthron @robryk
If I had a mental breakdown and shot up a liquor store, it would be my right as an American to have a lawyer plead for mercy on my behalf.
That right - MY right - is subverted if the court doesn’t patrol and control lawyers who do less than the bare minimum.
That means I shouldn’t be allowed to have a lawyer who is like, “but who doesn’t want to shoot strangers at a liquor store? Sounds fun!”
@jenny_wu @realcaseyrollins @freemo @robryk He chose his lawyers. He can fire them at any time if he's not happy with their service.
@LouisIngenthron @jenny_wu @freemo @robryk Yeahhhhhh I don’t think there’s a law that makes it illegal to be a bad lawyer
@freemo @jenny_wu @LouisIngenthron @robryk Ooh, very interesting, I did not know this!
@freemo @realcaseyrollins @jenny_wu @robryk That's not illegal, though; just a basis for appeal.
Dealing with incompetency in lawyer circles is generally left to the bar associations, from what I understand.
Yea the ineffectivbe lawyer would not go to jail... maybe you could sue him, but thats civil.
Only way I could see a lawyer going to jail is if they **intentionally** under-performed in order to see their client loose. Im not sure that has ever happened though.
@freemo @realcaseyrollins @jenny_wu @robryk Even then, I doubt it. Now, if the lawyer was there at the robbery holding a gun with their client... 😀
I mean it would be hard to prove. But if you could somehow prove it I am willing to bet it would be criminal. Just speculating though.
@freemo @LouisIngenthron @realcaseyrollins @robryk
No it’s more of a professional licensing issue I think
Well I think that would come down to intent. If you are negligent but otherwise didnt intend to be, then yea I'd expect youd loose your license.
But as I said if you **intentionally** throw the case and loose because you wanted your client to loose for some reason that benefits you, then I'd be willing to bet youd go to jail.
As they say, intent is 9/10ths of the law.
@freemo @jenny_wu @realcaseyrollins @robryk I mean, maybe you could charge them with fraud? But I doubt there's a criminal law specifically for that.
@LouisIngenthron @freemo @realcaseyrollins @robryk
You can be a martyr for your client, and sacrifice your professional career for the most longshot defense imaginable.
The incentives are just not aligned.
@freemo Also, the saying is "Possession is 9/10ths of the law", lol
@LouisIngenthron Thats what I intended to say, :)
@LouisIngenthron Some reason i got my wires crossed with Mens Rea, you are right.
Possession is my favorite crime! #sillyWu #doingCrimes
@realcaseyrollins @jenny_wu @freemo @robryk At best, you can appeal a judgement on the basis of incompetent counsel after it's been rendered, but from what I've heard, that's a *very* uphill battle.
Yea its possible, and you may win, but its not very easy from what I hear. And yea, it would be an appeal.
@realcaseyrollins @freemo @LouisIngenthron @robryk
“As a lawyer, I’ve encountered lots of types of people. It’s a fascinating profession and I’ve learned that for some people, shooting strangers is fun. It’s hard to believe, but it takes all types, doesn’t it? We celebrate diversity. Only #God knows the future, and only God knows if one day the #SupremeCourt will recognize the right of every American to...”
@realcaseyrollins @freemo @LouisIngenthron @robryk
Young men with no professional development and too much social media ragebait are a different animal entirely. They are not senile, and they are not disqualified from ever serving office by the Insurrection clause. Also they are not criminal defendants at the moment
@jenny_wu @freemo @LouisIngenthron @robryk #Trump isn’t disqualified from ever serving office by the Insurrection clause since he did not participate nor orchestrate an insurrection. Setting that aside, are you saying that if you have the qualifications and experience to hold public office, being “nasty” should be illegal? That’s kind of a weird take.
Well more to the point, in order to use the insurrection caluse he would have to actually be found guilty in a court of law, a **federal** court of law, and possibly need to be impeached by congress itself. But regardless someone at a federal level would have to make that ruling.
That said, the 14th amendment specifically says "incite". So assuming they can prove he incited it then they could have a case. But they do have to prove it.
@realcaseyrollins @freemo @LouisIngenthron @robryk
The slippery slope is just not worthy of consideration.
“But if we tell Trump to maybe stop being a shithead then what will happen to all these other shitheads on tiktok? Every American has the right to be a shithead on the China app”
对、是的. They sure do. Shangdi help us all.
@jenny_wu @realcaseyrollins @freemo @robryk Yep, the 1st Amendment protects all our right to be a shithead.
@LouisIngenthron @realcaseyrollins @freemo @robryk
Fuck, I need booze. I’ll be back soon hopefully, wait
That doesnt sound like what he was arguing for at all...
@freemo @jenny_wu @LouisIngenthron @robryk She’s close to what I’m arguing against; I think that saying that #Trump being a jerk should be illegal not only would violate the constitution, it would also mean restricting the freedoms of others.
Not to put words in Jenny’s mouth, but it sounds like her point is she doesn’t care, she wants #Trump barred from office and buried under the jail no matter the cost to democracy.
Its ok as long as the law is "trump being a jerk should wind him up in jail"... the second it becoems "anyone who is a jerk should go to jail" .. which would have to include people who are jerks towards Trump and his supports... all of a sudden that proposal sounds a lot less appealing :)
@freemo @realcaseyrollins @LouisIngenthron @robryk
I was literally saying the opposite. It doesn’t matter is Trump is a banned candidate because the Republicans are not a banned party. And it doesn’t matter if Trump’s lawyers are fined for him being a jerk online; there’s billions of us, we’re all being jerks online and we get away with it and we always will. 你好吗！
Well I certainly would support banning of all political parties in the USA. Only independents should be allowed to run.
@freemo @jenny_wu @LouisIngenthron @robryk Well political parties should exist somewhat, but more in the form of the #Dove Approved seal or an #OscarAwards nomination. They should be labels private organizations can slap on people, but otherwise don’t affect anything.
While I see why you would say that it just doesnt work. If they have parties then media will focus on which candidate they cover given preference to parties. This in turn requires a candidate to join a party to be electable. This furthermore requires a candidate to be subservient to the party because should they be kicked out of the party they wont get media coverage and again be unelectable.
We have already shown the media do this to silence the many third party candidates we have each year, so we already know its a problem.
I am fine with that as long as they arent parties (governed bodies).. if they are just hashtags or the will of the people at least its organic and no one person can control it (or even a majority)
@freemo @jenny_wu @realcaseyrollins @robryk Then PACs would become the parties. <shiver>
@freemo @realcaseyrollins @LouisIngenthron @robryk
(The existence of the #GreatFirewall of China is an #orientalist myth btw) #OneLove 🥰
Huh? I've seen it at work more than once, so not sure what that means.
@freemo @jenny_wu @LouisIngenthron @robryk Maybe she’s a fedposter, plant, or some sort of foreign agent. That’s the only type of person I could imagine saying that #China’s #GreatFirewall doesn’t exist lol
@realcaseyrollins @freemo @LouisIngenthron @robryk
Of course I’m a foreign agent, I’m on the Fedi LOL. Tencent has a billions of dollars to protect, so they follow laws and moderation. Don’t care. Put Mastodon on a raspberry Pi, connect to Japan and ROK. Microcontrollers are very cool and we make lots of them!
@jenny_wu @freemo @LouisIngenthron @robryk I guess that booze is kickin’ in haha
@freemo @realcaseyrollins @LouisIngenthron @robryk
Wow! You seem like a free speech type, so I assumed you’re familiar with the idea that China or North Korea aren’t allowed to see what’s on the Internet or share porn.
Usually they report on like one guy who got arrested for pissing off the Hebei police chief with spam comments. In a country with billions of people and thousands and linguistic homonyms.
> Wow! You seem like a free speech type, so I assumed you’re familiar with the idea that China or North Korea aren’t allowed to see what’s on the Internet or share porn.
Yes I am aware that china has a firewall.. What you said was:
> The existence of the #GreatFirewall of China is an #orientalist myth
Which seems to suggest the opposite, that it indeed does not exist. But since I've literally seen it doing what it claims to do I can confirm it is not a myth.
@freemo @realcaseyrollins @LouisIngenthron @robryk
The decentralized Web and meme crypto markets work internally in Asia exactly as they do in the West. You just don’t see much content from Asia because bandwidth is a bit more expensive. You can still get it if you want it
@jenny_wu @freemo @LouisIngenthron @robryk That’s literally not true. Are you lying on purpose?
Aren't all lies on purpose, oitherwise your just a moron, but an honest one if your wrong on accident :)
@realcaseyrollins @freemo @LouisIngenthron @robryk
Just admit you couldn’t get weed in Shanghai if you wanted it LOL #loser
@jenny_wu @freemo @LouisIngenthron @robryk I’m starting to think that you saying I believe that the #GreatFirewall exists because I couldn’t get weed in #China (a place I’ve never been, by the way) might make for fair grounds to disengage from this conversation.
It’s hard to tell if you’re arguing in bad faith or are just plain stupid but it’s not worth my time to cross-examine you to find you.
@jenny_wu @freemo @LouisIngenthron @robryk …is it hard for you to see why banning #Trump from taking office, sans a relevant conviction, harms democracy?
@freemo @jenny_wu @LouisIngenthron @robryk I would also argue that if we’re going to jail people for nastiness, there might be better targets for prosecution, such as #RichardSpencer, #NickFuentes, or #ye (depending on whether or not he’s currently in a state of mania ofc)