PeriodicTweet(@PeriodicTweet) 's Twitter Profile Photo

Armadillo Jackal Lee Kovarsky Don't think so -- willfully (& knowingly) is what makes a civil FECA violation criminal (52 USC § 30109(d)). Here's Trump's argument for requiring it, from 5/14 proposal.

@dillojackal @lee_kovarsky Don't think so -- willfully (& knowingly) is what makes a civil FECA violation criminal (52 USC § 30109(d)).  Here's Trump's argument for requiring it, from 5/14 proposal.
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PeriodicTweet(@PeriodicTweet) 's Twitter Profile Photo

Armadillo Jackal Lee Kovarsky I agree Merchan is probably with the People on civil FECA as violation, but he reserved on 'willfully' (required for criminal FECA).

@dillojackal @lee_kovarsky I agree Merchan is probably with the People on civil FECA as violation, but he reserved on 'willfully' (required for criminal FECA).
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Carlos Mucha(@mucha_carlos) 's Twitter Profile Photo

Armadillo Jackal Katherine Green GSU CaptPooface Georgia is pretty good at using judicial nomination commissions at state & federal level. It was a pet project of Jimmy Carter’s when he was governor and it stuck. Even though state judges are elected, it’s customary to retire mid-term so governor can appoint commission’s pick.

@dillojackal @okayfinekatie @GsuGrinding @CaptPooface Georgia is pretty good at using judicial nomination commissions at state & federal level. It was a pet project of Jimmy Carter’s when he was governor and it stuck. Even though state judges are elected, it’s customary to retire mid-term so governor can appoint commission’s pick.
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Helli⭕️n Raiser(@hellionraiser) 's Twitter Profile Photo

Armadillo Jackal Andy Grewal I always used them, until I moved to a new firm and my boss began dropping a terse “why do you do this” comment every time.

Interesting delivery but he was right

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legalnerd(@alegalnerd) 's Twitter Profile Photo

PeriodicTweet Armadillo Jackal Lee Kovarsky Huge decision by Merchan that can increase (or decrease) odds of conviction depending on whether he decides that a criminal FECA violation is required. There is absolutely no direct NY case law or authority to guide his decision.

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DougKane(@DouglasKaneLaw) 's Twitter Profile Photo

legalnerd PeriodicTweet Armadillo Jackal Lee Kovarsky A plain reading of the statutory language would suggest that it is not. Unlawful does not have to be criminal. If the NY legislature wanted to say criminal they could have.

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Armadillo Jackal(@dillojackal) 's Twitter Profile Photo

Andy Grewal Even where parenthetical abbreviations are necessary (definitely not here), the quotation marks aren’t. Can’t remember if that tip came from Garner or Guberman but I stopped using them in draft orders when I clerked and turned the whole chambers in favor of it.

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Gelbach in Exile(@jonahbgelbach) 's Twitter Profile Photo

Armadillo Jackal I have a hard time responding in complete generality, ie without more specified facts, so I'm going to stand on what I've already said. I take your point, though, and I appreciate your engagement with me.

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Lee Kovarsky(@lee_kovarsky) 's Twitter Profile Photo

Armadillo Jackal there are two different things: (1) object offenses, of which FECA can be one (along with 17-152), and then (2) the 'unlawful means' by which a 17-152 offense is carried out, of which FECA can ALSO be one.

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Gelbach in Exile(@jonahbgelbach) 's Twitter Profile Photo

Armadillo Jackal All of that is part of 'context' in 'context-dependent'.

And I don't think a Proud Boys encampment (assuming the participants otherwise have a right to be present on campus) should be removed simply b/c the PB have vile beliefs and message.

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