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Tommy McNamara's avatar

Coworker asked me about the indictment this morning. I told her I had no comments until I listened to what I called "My premium subscription law analysis podcast"

Neurology For You's avatar

FRICO was right there, guys

Russell Steinthal's avatar

With respect to the claim that there isn't a federal attempted assassination statute, doesn't 18 USC 351(c) apply to the attempted murder of a "major Presidential candidate" certified for USSS protection?

I guess that assumes they certified him as the presumptive GOP nominee, even though he was already entitled to protection as a former President.

Isaac Linnartz's avatar

Sure seems like it applies!

James E's avatar

I'm curious how the 3-year (or shorter) statute of limitations for defamation works given that you have to show damages for defamation. It feels like I could imagine scenarios where the speech happens at one point but does not cause real damages until much later. (E.g. if the news unearths it later, if it impacts a long/delayed bureaucratic or legal process involving you, etc.)

Cornwankies's avatar

People regularly get cancelled for things they said ages ago, so I agree with your point

Howard Wasserman's avatar

Regarding RFK v. Biden in NH: The Court has cut back on general jurisdiction, limiting it to where the defendant is "essentially at home." For an individual, that means their domicile. The Court has abandoned general jurisdiction based on having lots-and-lots of contacts in a state (which never really applied to individuals in any event). So there is no arguable basis for general jurisdiction in NH.

Cornwankies's avatar

This may seem law 101, but what’s the difference between murder and assassination? The level of fame the target has? A ‘political’ motivation in the attacker? I thought some of Australia’s recent election campaigns have felt fraught but Trump’s rhetoric causing him to be targeted twice is really a new bar. Best wishes for the rest of the campaign all youse, hopefully no more surprises!

Teemu Leisti's avatar

Not a lawyer, but a quick googling suggests that "assassination" means "the murder of a public figure", but that there's no legal significance.

Laurence Yarosh's avatar

The Justice Department describes 18 U.S.C. § 1751 as the "Presidential Assassination Statute", but the word is not used in its text. https://www.justice.gov/archives/jm/criminal-resource-manual-1533-presidential-assassination-statute-18-usc-1751-constitutionality

Chris's avatar

Would it be defamation to use "assassination attempt" to describe a felon open carrying in a bush near a golf course where a former president is playing?

Laurence Yarosh's avatar

Yes. He was a citizen exercising his Open Carry rights under the Constitution. The Secret Service shot at this citizen for no reason. The sniper's nest was only discovered later.

Andrew Martin's avatar

It was interesting to hear about P. Ditty, but you both failed us because Josh never said the words, "Ken is this RICO?" "No Josh, it's never RICO."

I'm a simple man, and I want my tropes.

But also, as has been discussed and as we've seen, RICO is very difficult to prosecute. Is the P Ditty case going to turn into the absolute shitshow of Young Thug or Trump?

GC's avatar

Great episode, as always.

Given this podcast's recurring themes of executive overreach and judicial failure, I trust this isn't too off-topic: https://innocenceproject.org/petitions/stop-the-execution-of-marcellus-williams-an-innocent-man/

The St. Louis County Prosecuting Attorney and the defense have filed JOINT motions to vacate, but the state AG (seeking re-election) has pushed things forward. Execution scheduled for 4PM Pacific/6PM Central/7PM Eastern on Tuesday 24th. It's Monday as I click "Post" and there's still time to call the governor's office.

ANN SHARP's avatar

With government, either it has to manage the business or alternatively manage the contracts. I swear, politicians don't usually think they're trained for either.

Bert Williams's avatar

No comments on the Brett Favre - Shannon Sharpe defamation suit?