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DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost

haveblue posted:

Does the Capitol and its various security mechanisms count as "object"?

If the object doesn't come from the Mall region of the District of Columbia it's just sparkling insurrection

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Tesseraction
Apr 5, 2009

Can this man find a single, serious lawyer? https://twitter.com/rdeliason/status/1734933588452270317

Paracaidas
Sep 24, 2016
Consistently Tedious!
A good number of the rioters are charged solely on this count, and the lower court record has been distinctly partisan thus far which is not promising given the Supreme Court.

The language in question:

quote:

(c)Whoever corruptly—
(1)alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2)otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

Fischer's claim, that Nichols backed, is that there's little reason for the majority of the statute to exist if "otherwise obstructs, influences, or impedes" is meant as a catchall for any and all behavior towards that end, and that such a catchall is oddly placed given specificity that comes before and after. Also that Justice's reading would remain the same whether "otherwise" is there or not.

It's not entirely meritless, even if deeply partisanly motivated. There are reasons to oppose construction and analysis that would substantially expand chargeable behavior if applied more widely to other laws. There is also a suspicion that if it stands, this'll be used against dissent from the left by future administrations of both parties.

SCOTUS may also decide to use this to insert themselves on the questions of corrupt purpose and benefit, which would both be an overreach and a recipe for some of the most insane legal theorizing we've seen on the bench for a while.

On the plus side, there's really no interpretation that can come from either front that spares Trump.

Fork of Unknown Origins
Oct 21, 2005
Gotta Herd On?

He already stiffed them all.

SpeakSlow
May 17, 2004

by Fluffdaddy
In before "If the Grinch suit don't fit...".

Donkringel
Apr 22, 2008

Does lawyering typically slow down during a large holiday? I would imagine that would be the downside of being a high priced lawyer, but the flip side is overtime and bonuses for dealing with this.

Zotix
Aug 14, 2011



Donkringel posted:

Does lawyering typically slow down during a large holiday? I would imagine that would be the downside of being a high priced lawyer, but the flip side is overtime and bonuses for dealing with this.

Lmao no. There are lawyers/partners at AM100 firms that work at some level 365 days a year.

bird food bathtub
Aug 9, 2003

College Slice

Donkringel posted:

Does lawyering typically slow down during a large holiday? I would imagine that would be the downside of being a high priced lawyer, but the flip side is overtime and bonuses for dealing with this.

Like anything else in Trumpland the answer exists in a quantum superposition and only becomes resolved one way or another the instant the answer is needed to make things better for Trump. Immediately after that the answer is then unobserved again and becomes unknowable until the next time he needs it.

Eric Cantonese
Dec 21, 2004

You should hear my accent.

Donkringel posted:

Does lawyering typically slow down during a large holiday? I would imagine that would be the downside of being a high priced lawyer, but the flip side is overtime and bonuses for dealing with this.

Zotix is right. If anything, you get a really bad crunch during the holidays because everybody else in the world is telling their lawyers to get stuff done before holiday breaks or before year end.

Zachack
Jun 1, 2000




Paracaidas posted:

A good number of the rioters are charged solely on this count, and the lower court record has been distinctly partisan thus far which is not promising given the Supreme Court.

The language in question:

Fischer's claim, that Nichols backed, is that there's little reason for the majority of the statute to exist if "otherwise obstructs, influences, or impedes" is meant as a catchall for any and all behavior towards that end, and that such a catchall is oddly placed given specificity that comes before and after. Also that Justice's reading would remain the same whether "otherwise" is there or not.

It's not entirely meritless, even if deeply partisanly motivated. There are reasons to oppose construction and analysis that would substantially expand chargeable behavior if applied more widely to other laws. There is also a suspicion that if it stands, this'll be used against dissent from the left by future administrations of both parties.

SCOTUS may also decide to use this to insert themselves on the questions of corrupt purpose and benefit, which would both be an overreach and a recipe for some of the most insane legal theorizing we've seen on the bench for a while.

On the plus side, there's really no interpretation that can come from either front that spares Trump.

What is the specificity that comes after? I don't know the history of the law but I could see it as a law originally enacted in the narrow sense, and later amended to be expanded so as to capture activities not accounted for, and in doing so just saying "eh gently caress it just hoover up everything" rather than having to constantly add items.

Donkringel
Apr 22, 2008
Thanks for the info on holiday lawyer work folks. I figured it was a non-issue but didn't know enough.

DarkHorse
Dec 13, 2006

Vroom vroom, BEEP BEEP!
Nap Ghost

bird food bathtub posted:

Like anything else in Trumpland the answer exists in a quantum superposition and only becomes resolved one way or another the instant the answer is needed to make things better for Trump. Immediately after that the answer is then unobserved again and becomes unknowable until the next time he needs it.

Much like how Trump is a courageous orator eager for his chance to testify in court because only cowards and criminals would refuse to testify, until the day comes and he'd be an idiot to testify, and then afterwards he once again will absolutely testify and would have wowed everyone if only he'd been given the chance

The Islamic Shock
Apr 8, 2021

DarkHorse posted:

Much like how Trump is a courageous orator eager for his chance to testify in court because only cowards and criminals would refuse to testify, until the day comes and he'd be an idiot to testify, and then afterwards he once again will absolutely testify and would have wowed everyone if only he'd been given the chance
I feel like you could take someone who thinks like this, record them saying two opposite things on two consecutive days, show it to them and they wouldn't learn a drat thing

Tayter Swift
Nov 18, 2002

Pillbug
What is AM100? Google/Wiki is drawing a blank.

crime fighting hog
Jun 29, 2006

I only pray, Heaven knows when to lift you out

Tayter Swift posted:

What is AM100? Google/Wiki is drawing a blank.

I believe it means the top-ranked 100 law firms in the US.

Aztec Galactus
Sep 12, 2002

The Assholes and Misogynist 100 is an extremely prestigious group

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

The Islamic Shock posted:

I feel like you could take someone who thinks like this, record them saying two opposite things on two consecutive days, show it to them and they wouldn't learn a drat thing

The nature of the profession of professional representation actively selects for people who are skilled at doing this.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

Donkringel posted:

Does lawyering typically slow down during a large holiday? I would imagine that would be the downside of being a high priced lawyer, but the flip side is overtime and bonuses for dealing with this.

I personally know a few big law lawyers who like holidays (Thanksgiving and Christmas days, not "the holiday season") because there are fewer drivers on the road and fewer staff in the office. They can get more done because their commute is shorter and they don't have to spend any time around distractions at work.

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster
It also depends heavily on what kind of lawyer you are and where you are.

My local courthouse has skeleton crews and reduced schedules from the 22nd through the January 2nd. Some courts are closed on Thanksgiving and the day after Thanksgiving. If you are a criminal attorney, then the holidays probably are less work.

bird food bathtub
Aug 9, 2003

College Slice

The Islamic Shock posted:

I feel like you could take someone who thinks like this, record them saying two opposite things on two consecutive days, show it to them and they wouldn't learn a drat thing

As a malignant narcissist, no, Trump would absolutely not learn anything from it. Narcissists live in their own reality between their ears and a heaping helping of the emotional abuse they inflict on others in their lives/social circles is a direct result of that. To live with them you need to be constantly, absolutely hyper-vigilant to their thought processes and feelings at all times because they are tenuously attached to reality at best and the only survival mechanism is to be willing to substitute their reality for your own. They will never accept external realities, it's just not how they exist on a fundamental level.

pumpinglemma
Apr 28, 2009

DD: Fondly regard abomination.

Leon Trotsky 2012 posted:

Supreme Court is taking up an appeal from a person convicted on January 6th under charges of "conspiracy to obstruct an official proceeding" who argues that the law says that you must take some action with a "document, record, or other object" in order to actually obstruct and that just entering the Capitol or encouraging others storm the capitol is technically not covered under the law.

This is also one of the charges that Jack Smith has brought against Trump and a ruling in favor of the January 6th defendant would allow Trump to argue that since he never touched any documents on January 6th that he can't be charged under those statutes.
Is there... any plausible reason for SCOTUS to do this that's not just them planning to overturn it and let the coup perpetrators go free?

InsertPotPun
Apr 16, 2018

Pissy Bitch stan

The Islamic Shock posted:

I feel like you could take someone who thinks like this, record them saying two opposite things on two consecutive days, show it to them and they wouldn't learn a drat thing
it was called "the daily show" and it changed nothing

Randalor
Sep 4, 2011



InsertPotPun posted:

it was called "the daily show" and it changed nothing

Jon Stewart at least embarrassed at least one person into resigning from their post. And got Crossfire cancelled, which led to the rise of Tucker Carlson, Arch-Racist.

So, y'know, land of contrasts and all that.

mdemone
Mar 14, 2001

bird food bathtub posted:

As a malignant narcissist, no, Trump would absolutely not learn anything from it. Narcissists live in their own reality between their ears and a heaping helping of the emotional abuse they inflict on others in their lives/social circles is a direct result of that. To live with them you need to be constantly, absolutely hyper-vigilant to their thought processes and feelings at all times because they are tenuously attached to reality at best and the only survival mechanism is to be willing to substitute their reality for your own. They will never accept external realities, it's just not how they exist on a fundamental level.

I used to shy away from talking about this because I've been chastised before on here about it, but I was once married to a malignant narcissist and it is absolutely shocking how far down the rabbit hole you can go before hitting bottom.

Staluigi
Jun 22, 2021

Someone like trump is so fuckin broken that there's no positive outcome. He'll feed endless narcissistic injury until the moment he can't, and push those walls up as high as his brain can handle all along the way, so if it collapses it will be extra devastating

If yall know anyone who's that malignant about it, you know they'll never be whole

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Leon Trotsky 2012 posted:

It also depends heavily on what kind of lawyer you are and where you are.

My local courthouse has skeleton crews and reduced schedules from the 22nd through the January 2nd. Some courts are closed on Thanksgiving and the day after Thanksgiving. If you are a criminal attorney, then the holidays probably are less work.

Generally yeah. I remember being happy one year because my shift at bond court was Thursday afternoon but it got cancelled for Thanksgiving so I had a day off. Morning bond court still took place but that wasn't my shift.

mdemone
Mar 14, 2001

I'll post this here too. The parallels will make you stare into the distance for a while in horror.

mdemone
Mar 14, 2001

Here is the text of what is going before DC Circuit Appeals for the J6 rioters appealing their convictions:



mdemone fucked around with this message at 23:19 on Dec 13, 2023

Randalor
Sep 4, 2011



...and what does Nichols argue that the rioters were going to do with the ballots if they got ahold of them?

mdemone
Mar 14, 2001

Randalor posted:

...and what does Nichols argue that the rioters were going to do with the ballots if they got ahold of them?

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

Staluigi posted:

Someone like trump is so fuckin broken that there's no positive outcome. He'll feed endless narcissistic injury until the moment he can't, and push those walls up as high as his brain can handle all along the way, so if it collapses it will be extra devastating

If yall know anyone who's that malignant about it, you know they'll never be whole

trumps biggest gently caress up was not just taking the loss in turn and retreating back to either private life OR to try to rebrand for 2024. instead he did all of this poo poo.

mdemone posted:

I'll post this here too. The parallels will make you stare into the distance for a while in horror.



yeah cept trump thankfully isnt doing that and we arnt the weimar as much as some like to pretend we are.

Raenir Salazar
Nov 5, 2010

College Slice

mdemone posted:

I'll post this here too. The parallels will make you stare into the distance for a while in horror.



How so? They seem entirely dissimilar.

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

Raenir Salazar posted:

How so? They seem entirely dissimilar.

this. hitler had extreamly friendly judges and a system that either openly supported him OR was willing to give him a slap on the wrist. the issue with the weimar is no one with any real power wanted it to the exist. the moncarchist and right and buesness didnt, the nazis didn't, the military didnt and the communists didn't. it was basicaly a race to figure out who could tear the system down first.

Scags McDouglas
Sep 9, 2012

mdemone posted:

I used to shy away from talking about this because I've been chastised before on here about it, but I was once married to a malignant narcissist and it is absolutely shocking how far down the rabbit hole you can go before hitting bottom.

Man if it makes you feel better, or at least gives you some comradery, I have a covert narcissism abuse relationship on my books from a recent gf. At 38 I figured myself pretty lucid but I had absolutely no idea what the hell was happening for the last 6 months because I was woefully unprepared for the fun chapters that follow the idealization phase. I assume your experience was worse (malignant), but you missed the pleasure of the covert side where you lose all of your mutual friends because nobody believes you.

Anyway if you were probed for being off-topic (which I assume is how your hand was slapped?) feel free to PM me to vent to me privately. Trust me, I'll get it.

Fart Amplifier
Apr 12, 2003

mdemone posted:

Here is the text of what is going before DC Circuit Appeals for the J6 rioters appealing their convictions:





Or the other possibility that a loving toddler could understand is that they wanted to make the general obstruction illegal and also add specific actions that might not normally be considered obstruction are included in the statute. This judge is just deciding that words don't mean what they say.

Bel Shazar
Sep 14, 2012

Dapper_Swindler posted:

trumps biggest gently caress up was not just taking the loss in turn and retreating back to either private life OR to try to rebrand for 2024. instead he did all of this poo poo.

yeah cept trump thankfully isnt doing that and we arnt the weimar as much as some like to pretend we are.

It's true, we're WAY more fascist and belligerent already

Lammasu
May 8, 2019

lawful Good Monster

mdemone posted:

I'll post this here too. The parallels will make you stare into the distance for a while in horror.



But Trump can't get a book deal because no ghost writer will work with him.

OgNar
Oct 26, 2002

They tapdance not, neither do they fart

Lammasu posted:

But Trump can't get a book deal because no ghost writer will work with him.

Not even Ivana.

Murgos
Oct 21, 2010

Fart Amplifier posted:

Or the other possibility that a loving toddler could understand is that they wanted to make the general obstruction illegal and also add specific actions that might not normally be considered obstruction are included in the statute. This judge is just deciding that words don't mean what they say.

Yeah, every other judge in the district and others who have heard these cases and the appeals court have all disagreed with Nichols.

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Devor
Nov 30, 2004
Lurking more.

mdemone posted:

Here is the text of what is going before DC Circuit Appeals for the J6 rioters appealing their convictions:





Hold on, if I interpret this word in a certain way, it becomes surplusage, so instead we must read an entire clause as surplusage

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