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Ted Folkman

@tfolkman.bsky.social
133 followers 337 following 57 posts

New empty-nester. Lawyer in Boston. Private international law and business litigation. Publisher of Letters Blogatory (since 2011!)

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Ted Folkman @tfolkman.bsky.social · 02/01/2026
Mayor Mamdani has his autopen moment on Day 1. #antisemitism lettersblogatory.com/2026/01/02/m...
lettersblogatory.com
Mayor Mamdani has his autopen moment on Day 1 | Letters Blogatory
Mayor Mamdani, in a move reminiscent of the Trump/Biden autopen farce, revokes the prior mayor's executive orders on Israel and antisemitism.
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Ted Folkman @tfolkman.bsky.social · 17/12/2025
I haven't posted much here, but I wanted to post this new article on AI arbitration. I argue that an AI-generated award, without human oversight or involvement, cannot be confirmed under the FAA, on ordinary statutory interpretation grounds. #arbitration #ai lettersblogatory.com/2025/12/13/t...
lettersblogatory.com
The Robot Arbitrator Can't Issue Confirmable Awards | Letters Blogatory
An AI system, or "robot arbitrator" cannot issue an award in an arbitration that is confirmable under the Federal Arbitration Act.
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Sardonicus @sardonicus.eu · 16/09/2025
man rolling rock up  hill
how it started how its going
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Ted Folkman @tfolkman.bsky.social · 01/08/2025
There are well-meaning companies out there giving American lawyers bad advice about international discovery at scale. #lawfedi lettersblogatory.com/2025/08/01/o...
lettersblogatory.com
Oh, vendors | Letters Blogatory
I had an interesting and unusual experience this week. I help a lot of lawyers take depositions without compulsion abroad. But it’s not that common for me to have to take a deposition abroad in a stat...
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Ted Folkman @tfolkman.bsky.social · 24/07/2025
Elephant habeas: a new case from the Nonhuman Rights Project, doomed, one hopes, to failure. lettersblogatory.com/2025/07/23/e... #animalrights
lettersblogatory.com
Elephant Habeas: NhRP files a new case in California | Letters Blogatory
The Nonhuman Rights Project has filed a new habeas corpus case supposedly on behalf of two elephants, this time in California. The most important thing, I think, is that the new filing shows that thes...
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Ted Folkman @tfolkman.bsky.social · 21/07/2025
Do better, @ezraklein.bsky.social. lettersblogatory.com/2025/07/21/e... #Israel #Palestine
lettersblogatory.com
Ezra Klein Is Not Helping | Letters Blogatory
Ezra Klein had a column in yesterday’s Times about New York’s Jewish community and the apparent split in attitudes towards Zohran Mamdani, the Democratic nominee for mayor. The column is classic Klein...
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Ted Folkman @tfolkman.bsky.social · 08/06/2025
Amid all our other emergencies, there is an antisemitism emergency in America. #antisemitism lettersblogatory.com/2025/06/07/t...
lettersblogatory.com
The antisemitism emergency | Letters Blogatory
The violent antisemitism now epidemic in America is a real emergency. I give one Jewish person's view, and a suggestion for self-reflection.
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Ted Folkman @tfolkman.bsky.social · 21/04/2025
A look at William Dodge’s interesting post on serving US counsel. #lawfedi lettersblogatory.com/2025/04/21/b...
lettersblogatory.com
Bill Dodge on Serving US Counsel | Letters Blogatory
A look at an EDNY case on serving a Chinese defendant by serving the defendant's US lawyer. Is that okay under the Hague Service Convention?
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Ted Folkman @tfolkman.bsky.social · 16/04/2025
Case of the Day: Tesla v. Balan. The Ninth Circuit has a fun procedural decision about subject-matter jurisdiction and domestic arbitration. #fedilaw #arbitration lettersblogatory.com/2025/04/16/c...
lettersblogatory.com
Case of the Day: Tesla v. Balan | Letters Blogatory
In Tesla v. Balan, the Ninth Circuit held that courts lack jurisdiction to confirm 'zero-dollar' arbitral awards under FAA Chapter 1.
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Ted Folkman @tfolkman.bsky.social · 27/03/2025
Self-governance. lettersblogatory.com/2025/03/27/s...
lettersblogatory.com
Self-governance | Letters Blogatory
A political post. You have been warned. A long history of corporate self-governance We have a long history of self-governing social institutions. Churches govern themselves. The professions govern the...
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Ted Folkman @tfolkman.bsky.social · 17/03/2025
Case of the day: Application of Vestolit GmbH. A reminder about the importance of candor in ex parte 1782 applications. #lawfedi lettersblogatory.com/2025/03/16/c...
lettersblogatory.com
Case of the Day: Application of Vestolit GmbH | Letters Blogatory
The case of the day is Application of Vestolit GmbH (D. Del. 2025). Vestolit GmbH and Celanese Europe B.V. were defendants in a Dutch antitrust lawsuit brought by Shell Chemicals Europe, B.V. They bro...
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Ted Folkman @tfolkman.bsky.social · 16/03/2025
It irks me to have to say it, but the government should release Mahmoud Khalil. lettersblogatory.com/2025/03/13/t...
lettersblogatory.com
The government should release Mahmoud Khalil | Letters Blogatory
The government should release Mahmoud Khalil. There, I said it. Don’t misunderstand me. I think he’s a terrible person with terrible views. I think that the government should not admit aliens with his...
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Ted Folkman @tfolkman.bsky.social · 07/03/2025
This makes me happy. I am trying to learn French, which is not so easy in your fifties. The hardest thing is gender, because it has no rhyme or reason. It is hard for the French too! Here is Pres. Macron being a good sport with a comedian and going one for three. www.instagram.com/reel/DAv09BX...
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lastpositivist.bsky.social @lastpositivist.bsky.social · 07/03/2025
The masculine high iq master race takeover of the US government does not, to me, seem to evince the various benefits and virtues they claimed would come from governance by such people. Perplexing.
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Ted Folkman @tfolkman.bsky.social · 03/03/2025
Thoughts on the “robot ump” (with the “robot arbitrator” as subtext): #lawfedi #baseball #ai lettersblogatory.com/2025/03/02/t...
lettersblogatory.com
The robot umpire | Letters Blogatory
Fans of American football are pretty much used to the instant replay by now. Suppose a receiver catches the ball in the end zone and is immediately hit. He bobbles the ball a bit before hitting the tu...
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John Ganz @lioneltrolling.bsky.social · 23/02/2025
To me, a Nazi salute means, "I want to murder your family." There can be no irony about it: It puts deep anger and hatred in my heart to see it done and I will never forgive anyone who justifies or minimizes it.
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Ted Folkman @tfolkman.bsky.social · 16/02/2025
The Massachusetts Commission on Combating Antisemitism shines a light on the awful leadership of the Massachusetts Teachers Association. #mapoli #antisemitism lettersblogatory.com/2025/02/16/a...
lettersblogatory.com
A little sunshine at the Mass. Commission on Combating Antisemitism | Letters Blogatory
Max Page, the president of the Massachusetts Teachers’ Association, was the star witness at the fourth meeting of the Massachusetts Commission on Combating Antisemitism, held last week. He was testify...
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Ted Folkman @tfolkman.bsky.social · 13/02/2025
Some recent AI announcements are a yellow alert for arbitration, and we need to start thinking through issues about how an “AI decisionmaker” would be treated under the FAA or the New York Connvention . #arbitration #ai #lawfedi lettersblogatory.com/2025/02/12/y...
lettersblogatory.com
Yellow alert for arbitration | Letters Blogatory
I wrote a post the other day about Arbitrus.ai, an AI “arbitrator” described in a recent paper. I wasn’t sure whether the paper was an elaborate prank meant as a send-up of AI hypesters and folks with...
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Ted Folkman @tfolkman.bsky.social · 11/02/2025
Case of the Day: Gartenberg v. Cooper Union. I’ll never apologize for focusing on the troubles facing this “smallest of peoples,” who really do need the support of people of good will from across the political divide. #lawfedi #antisemitism lettersblogatory.com/2025/02/10/c...
lettersblogatory.com
Case of the Day: Gartenberg v. Cooper Union | Letters Blogatory
The case of the day is Gartenberg v. Cooper Union for the Advancement of Science and Art (S.D.N.Y. 2025). The Cooper Union is a small private college in New York City. The complaint, filed by several ...
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Alex Cole @acnewsitics.com · 04/02/2025
This is so good.
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Ted Folkman @tfolkman.bsky.social · 02/02/2025
A quick reaction to arbitus.AI, a misguided proposal for an AI arbitrator. #lawfedi #arbitration lettersblogatory.com/2025/02/02/a...
lettersblogatory.com
Against whatever this is | Letters Blogatory
A critique of Arbitrus.ai, a proposal to have an AI decisionmaker decide private law arbitrations, including in consumer cases.
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Ted Folkman @tfolkman.bsky.social · 24/01/2025
Case of the Day: In re Genial Institucional. In a 1782 case, how meaningful is the "tag service" rule? lettersblogatory.com/2025/01/23/c...
lettersblogatory.com
Case of the day: In re Genial Institucional | Letters Blogatory
The case of the day is In re Genial Institucional Corretora de Cambio (S.D.N.Y. 2025). Genial sued BP Securities and others in Brazil, seeking a declaration that it was in a de facto partnership with ...
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Ted Folkman @tfolkman.bsky.social · 22/01/2025
I draw some connections between the latest "elephant habeas" case and the President's executive order trying to avoid the clear language of the Fourteenth Amendment on jus soli. The connection? Absurdity. The difference? The incentives lawyers and judges face. lettersblogatory.com/2025/01/22/e...
lettersblogatory.com
Elephant habeas and birthright citizenship | Letters Blogatory
The Colorado Supreme Court has unanimously rejected an appeal by the Nonhuman Rights Project seeking to reverse a lower court’s decision holding that people could not seek writs of habeas corpus on be...
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Ted Folkman @tfolkman.bsky.social · 20/01/2025
Some good news yesterday: the first three hostages came home. Thank God! At Letters Blogatory, I reflect on the news and ask what comes next for Israel and the Palestinians. lettersblogatory.com/2025/01/20/t...
lettersblogatory.com
The first hostages come home | Letters Blogatory
The first three hostages have been released from Gaza. Here are some thoughts on the path forward for Israel and the Palestinians.
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David Kluft @dkluft.bsky.social · 17/01/2025
Massachusetts: we swear to support the US and Commonwealth Constitutions, to "do no falsehood," to "delay no man for lucre or malice" and to conduct ourselves with "good fidelity" malegislature.gov/Laws/General...
malegislature.gov
General Law - Part III, Title I, Chapter 221, Section 38
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Ted Folkman @tfolkman.bsky.social · 17/01/2025
From the Lago Agrio desk: Amnesty publishes a “post-truth” piece on Steven Donziger, who is seeking a pardon in the last days of the Biden Administration. lettersblogatory.com/2025/01/16/d...
lettersblogatory.com
Donziger and Post-Truth Politics | Letters Blogatory
Letters Blogatory looks at Amnesty's recent article on Steven Donziger's quest for a pardon at the end of the Biden Administration.
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Ted Folkman @tfolkman.bsky.social · 15/01/2025
Against the use of generative AI in legal drafting. (Mostly, anyway). #law #ai lettersblogatory.com/2025/01/14/a...
lettersblogatory.com
Against Generative AI In Legal Writing | Letters Blogatory
ChatGPT and other AI helpers are magical. But there are lots of reasons not to use them too much in legal writing.
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Alex גדעון בן װעלװל @jewishwonk.bsky.social · 07/01/2025
I regret to inform Trader Joe's that kosher brisket does not pair well with Mac n Cheese.
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Michael de Adder @deadder.bsky.social · 05/01/2025
deadder.substack.com
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Ted Folkman @tfolkman.bsky.social · 01/01/2025
Hello, Bluesky! May I invite you to read my "watch diary," which I posted at my Mastodon account and which you can find here at Bluesky on the account that "bridges" the two platforms: #watches bsky.app/profile/tedf...
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Ted Folkman @tfolkman.bsky.social · 31/12/2024
A new paper by Bill Dodge and Maggie Gardner on service of process by email! I cover it in today's Letters Blogatory. I note one area of disagreement, on the role of FRCP 4(f)(2) when the Service Convention applies. lettersblogatory.com/2024/12/31/p...
lettersblogatory.com
Paper of the Day: Gardner and Dodge on the Email and the Service Convention | Letters Blogatory
Friends of Letters Blogatory Maggie Gardner and Bill Dodge have a great new paper on service by email under the Service Convention . The paper is a very good overview of the topic and very clear about...
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Ted Folkman @tfolkman.bsky.social · 29/12/2024
Do you mean to tell me the law doesn’t allow me to go through a red light if I’m riding in the wake of the car ahead of me? I’ve never heard such nonsense. Why do you think there’s a delay between the one light turning red and the next turning green? #boston www.bostonglobe.com/2024/12/23/m...
bostonglobe.com
Running red lights, speeding, aggressive driving: Can traffic cameras curb the notorious Massachusetts driver? - The Boston Globe
Using automated enforcement for traffic violations is not allowed under state law in Massachusetts. Increasingly, some municipal leaders say it’s time to change that.
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David Frum @davidfrum.bsky.social · 19/12/2024
This tweet makes it sound as if the Calgary hockey franchise tried to promote ticket sales at a church. Instead, somebody firebombed a synagogue, the most recent of 200+ antisemitic incidents in the Montreal area since the Hamas terror attacks of October 7, 2022.
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Ted Folkman @tfolkman.bsky.social · 26/12/2024
Do the Intel factors apply when the government makes a Section 1782 application in response to a letter of request coming from an Evidence Convention state? lettersblogatory.com/2024/12/26/d...
lettersblogatory.com
Do the Intel factors apply to a letter of request under the Evidence Convention? | Letters Blogatory
The case of the day is In re Request for Judicial Assistance from the National Civil Court of First Instance No. 42 in Caba (N.D. Cal. 2024). Dario Hernan Raris brought a lawsuit in Argentina against ...
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Ted Folkman @tfolkman.bsky.social · 22/12/2024
This isn’t my thing, but I get it, because I have things. “Dad, explain how checks work.” “Dad, what is the difference between burglary and robbery and larceny?” “Dad, is Voyager 1 still out there?”
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Ted Folkman @tfolkman.bsky.social · 22/12/2024
The article in the Times on the death of Googie architecture missed my favorite example, from the gateway to my own neighborhood: (1/) www.nytimes.com/2024/12/21/r...
nytimes.com
The Fight to Save Googie, the Style of Postwar Optimism
The car-centric architectural style, characterized by neon signs and dramatic rooflines, is now endangered. Its admirers mourn the loss of the ideals it represented.
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Ted Folkman @tfolkman.bsky.social · 15/12/2024
The AJC's NE regional office has a troubling report about the MTA's plan to politicize K-12 ed. in MA on Israel/Palestine. I hope the small group pushing this don't speak for most teachers, but no town hires teachers to indoctrinate children politically. lettersblogatory.com/2024/12/15/t...
lettersblogatory.com
The MTA and indoctrination in K-12 education in Massachusetts | Letters Blogatory
Teachers are workers, and they have a real and legitimate interest in their wages and in the conditions of their employment. Many teachers are represented by a union, and here in Massachusetts, many a...
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Ted Folkman @tfolkman.bsky.social · 15/12/2024
The back end of my new "search by jurisdiction" feature is done! Letters Blogatory can now search for all cases in my archive decided in a particular jurisdiction: lettersblogatory.com/2024/12/15/n...
lettersblogatory.com
New Feature: Search by Jurisdiction | Letters Blogatory
Readers, I am happy to announce a new Letters Blogatory feature that I hope you will find helpful. You can now search my archive of thousands of posts for posts on cases decided in a particular jurisd...
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Ted Folkman @tfolkman.bsky.social · 12/12/2024
A bit of a polemic about one attitude I see about the claims of a genocide in Gaza. I don't have much patience for people who take a "more in sorrow than in anger" approach to condemning Israel's supposedly genocidal conduct in the war. #gaza #genocide lettersblogatory.com/2024/12/12/i...
lettersblogatory.com
I Want to Believe in International Law | Letters Blogatory
I want to believe in international law. But as I’ve said in many posts over the last year, I think there is something deeply wrong with what many scholars say public international law tells us about t...
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Ted Folkman @tfolkman.bsky.social · 11/12/2024
Letters Blogatory will be making good use of @free.law going forward! My server’s media library is just too big, with thousands of PDFs locally stored. lettersblogatory.com/2024/12/11/m...
lettersblogatory.com
My database is too big | Letters Blogatory
Readers, for nearly fifteen years, I have been giving you links to PDFs of the court decisions I write about. And I have been hosting those PDFs on my own server. The RECAP project was very new when I...
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Ted Folkman @tfolkman.bsky.social · 11/12/2024
Case of the Day: Sillam v. Labaton Sucharow. When a French plaintiff persuades a judge that he should be deposed in France, and the judge agrees on conditions, and the plaintiff (according to the court) breaches them, what should happen? A really unusual case. lettersblogatory.com/2024/12/11/c...
lettersblogatory.com
Case of the Day: Sillam v. Labaton Sucharow | Letters Blogatory
The case of the day is Sillam v. Labaton Sucharow LLP (S.D.N.Y. 2024). Sillam was a French businessman. According to his complaint, he and Descroubres, who was predecessor in interest to Sillam’s fell...
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Ted Folkman @tfolkman.bsky.social · 09/12/2024
There was no way we were getting Juan Soto. I wish John Henry would find a buyer for the team whose priority is winning baseball. #redsox
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Ted Folkman @tfolkman.bsky.social · 09/12/2024
In light of the NYT article on #UNRWA yesterday, the UN's hear-no-evil, see-no evil approach is more untenable than ever. The #UN has a moral emergency on its hands. #Israel #Palestine lettersblogatory.com/2024/12/09/t...
lettersblogatory.com
The NYT article on UNRWA is a doozy | Letters Blogatory
I am fascinated by yesterday’s article in the Times about UNRWA in Gaza. Here are some of the key points. When I read reporting like this, I am aghast at the UN’s see-no-evil, hear-no-evil approach to...
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Ted Folkman @tfolkman.bsky.social · 08/12/2024
I have it on unimpeachable authority that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
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Ted Folkman @tfolkman.bsky.social · 08/12/2024
Letters Blogatory takes a look at the recent “reporter’s privilege” decision in the #karenread murder trial. lettersblogatory.com/2024/12/07/c...
lettersblogatory.com
Case of the Day: Commonwealth v. Karen Read | Letters Blogatory
The case of the day is Commonwealth v. Read (Mass. Super. Ct. 2024). This is not a typical Letters Blogatory case, but it has been in the headlines here in Massachusetts and, I think, elsewhere in Ame...
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Ted Folkman @tfolkman.bsky.social · 28/11/2024
Happy Thanksgiving! I have a post up today about one of my favorite puzzles in international judicial assistance: when a pro se litigant lives abroad, do you have to serve *everything* on him via the Service Convention? And I propose a new solution! #law lettersblogatory.com/2024/11/28/c...
lettersblogatory.com
Case of the Day: In re Marriage of Paddock and May | Letters Blogatory
A new view on how to deal with pro se litigants abroad under the Hague Service Convention in light of the Convention's exclusive nature.
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Ted Folkman @tfolkman.bsky.social · 25/11/2024
The Eras Tour! lettersblogatory.com/2024/11/25/a...
lettersblogatory.com
A Joyful Night | Letters Blogatory
Wow! Taylor Swift's Eras Tour in Toronto was an amazing concert, filled with joy.
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Ted Folkman @tfolkman.bsky.social · 25/11/2024
Case of the day: SEC v. Bowerman. A judge gets the UK’s position on Article 10 of the Service Convention just right. #law #internationallaw lettersblogatory.com/2024/11/24/c...
lettersblogatory.com
Case of the Day: SEC v. Bowerman | Letters Blogatory
The case of the day is SEC v. Bowerman (D. Mass. 2024). The SEC brought a securities fraud claim against Bowerman, who lived in the UK. According to the return of service, a “private process server” p...
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Ted Folkman @tfolkman.bsky.social · 18/11/2024
I really thought that the one silver lining of this election was that the result was so clear, the margin so large, and the voters’ concerns so domestically focused that no one could blame the result on the Jews. @aoc.bsky.social :
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