P. Diddy is indicted for sex trafficking and RICO; Trump's would-be assassin faces only gun charges (for now); Tim Pool sues the Harris campaign for defamation.
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"
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.
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.)
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.
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!
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?
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.
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?
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.
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.
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"
FRICO was right there, guys
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.
Sure seems like it applies!
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.)
People regularly get cancelled for things they said ages ago, so I agree with your point
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.
Will we be getting comments on Cards Against Humanity vs. SpaceX? https://www.theverge.com/2024/9/20/24250269/cards-against-humanity-space-x-lawsuit-cameron-county-texas
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!
Not a lawyer, but a quick googling suggests that "assassination" means "the murder of a public figure", but that there's no legal significance.
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
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?
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.
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?
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.
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.
No comments on the Brett Favre - Shannon Sharpe defamation suit?