35 Comments
Feb 17, 2023Liked by Ken White

Great episode but I think there should’ve been more acknowledgment of the apparent fact that Baldwin’s super aggressive (and no doubt super expensive) private lawyers needed an assist from a public defender. Public defenders deserve recognition and praise!

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As soon as I read the Fox News revelations in the defamation case last night, I knew to a certainty that a new ep of ST would show up today. It is like clockwork—a massive news story on topic of Josh and Ken’s interest always arrives just after taping.

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If possible, on a future show, I’d like some exploration of the wire fraud strategy outlined in this blogpost, which is being boosted by Teri Kanefield.

https://www.sidebarsblog.com/p/the-sleeper-charge-related-to-january

In particular, politicians and nonprofits mislead in fundraising emails all the time with no consequences. Examples are Rand Paul fundraising to “fire Fauci”, which he has no power to do and the Red Cross fundraising on the Haiti earthquake & spending the money elsewhere. In addition, as you described in the episode on Elmo using SpaceX & Tesla resources at Twitter, courts defer to executive judgment in these matters.

Is this a strategy to get underlings to cooperate? Is there another path to success here that you see?

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Well, seeing as we are now the unofficial crowdsource for Baldwin's legal research, it is worth noting N.M. R. Evid. 11-407 concerning subsequent remedial measures. (“When measures are taken by a defendant that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove the following: negligence; culpable conduct; a defect in a product or its design; or a need for a warning or instruction.”)

If the prosecution intends to introduce evidence of on-set changes to the safety protocols used during the filming of Rust to advance their case, the defense should vigorously argue that N.M. R. Evid. 11-407 requires that it be excluded.

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Many people are saying it's the most special proceeding they've ever seen, and may be the Grandest Jury in History!!

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Apparently the judge in SBF's parole hearing did not have your sympathy for his use of strong encryption... twice. I have never missed you on Twitter so much as when it was reported that the judge noted that there was evidence he had committed witness tampering and asked prosecutors, "Why am I being asked to turn him loose?"

My first thought was that you would inevitably be noting this is REALLY not something you want a federal judge saying at your parole hearing. My second thought became my Twitter reply:

“Prosecutors are not allowed to say, ‘Because he's an idiot, Your Honor. Have you seen him criming? We let him run for a month and he's incriminated himself so many ways that you already want to throw away the key and the trial hasn't even started. We're cool with it.’"

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Feb 17, 2023·edited Feb 17, 2023

I'd love to hear what you make of Michael A. Delaney's nomination, and the family of the victim in the Owen Labrie case trying to hold him accountable for his tactics forcing the revelation of the victim's name while defending St. Paul's School. When is it fair to hold a defense attorney morally accountable for hardball tactics? Do defense attorney's carry regrets? Do they ever walk away when they feel unable to pursue a possible strategy?

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It does seem relatively certain to me that perjury indictments have been recommended. I have to wonder if the judge wanted to help Willis warn certain people that they might want to rethink their stories?

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I believe Pennsylvania had one of these special grand juries regarding allegations of sexual assault/misconduct against the Catholic church maybe 5 or 10 years ago.

They released some huge 1000 page report on it.

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I cannot envision any court taking seriously the idea that Mike Pence belonged to two coequal branches of the US government simultaneously.

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Holy Cow!! The foreperson of the GA special investigative grand jury is foaming at the mouth on national television, today, revealing all sorts of details about the jury deliberations and witness testimony. Her demeanor is as though she thinks the grand jury is sport. Can she suffer any consequences for violating the supposedly secret nature of grand jury proceedings by revealing so much about the jury's work?

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I guess I was thinking that it seems to indicate "more than perjury" might be charged. So I was either a little off topic, or perhaps didn't read it as carefully as I ought. Interesting times.

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Hey, good call by the NM practitioner - I see the enhancement was dropped from the charges. Reporting yesterday.

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Not sure where to have posted this, but I am curious about the point at which Fox's activities could cross the line from merely being defamatory of Dominion to becoming accessories after the fact w/r/t 1/6. And what would they have had to know about Trump's plans to be co-conspirators?

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Here’s what I don’t understand: why would SBF need a VPN to watch the Super Bowl (or any NFL playoff game)?

Those games are broadcast over the air in every market in United States.

Maybe it’s a case of a tech bro doing things in the most tech, bro fashion possible, or maybe his explanation is fishy.

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Hey, Ken and Josh, just wondering if you guys are going to comment on the Alex Murdaugh case at some point. There's someone who definitely is in Serious Trouble, even if he's not convicted in the murder case...

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