xausa.bsky.social @xausa.bsky.social · 21/08/2026Unless I’m missing something, in the New Mexico case the NM governor issued the warrant, and it was a state trial court, affirmed by the state Supreme Court, that blocked the extradition. I’m sure there’s case law that says Gov Abbott can’t do what he’s doing but this case isn’t it 000 0
xausa.bsky.social @xausa.bsky.social · 18/05/2026In Keepseagle, the remedy bore a logical relationship to the underlying litigation. Here the economic reality is a government payment to Trump of an amount far, far exceeding his suit's value, paired with a donation by him to the Fund. (Q for tax lawyers, income to Trump?) 000 0
xausa.bsky.social @xausa.bsky.social · 03/05/2026Alabama (where I live) doesn’t have party registration—anyone can vote in either primary. 140 0
xausa.bsky.social @xausa.bsky.social · 03/02/2026I think Trump being both the plaintiff and the controlling person of the defendant entity poses an Article III problem. "[F]ederal courts will not entertain friendly suits . . . or those which are feigned or collusive in nature." Flast v. Cohen, 392 US 83, 100 (1968). 010 0
xausa.bsky.social @xausa.bsky.social · 30/01/2026I think more likely than a warrantless arrest is that an arrest warrant was issued on a grand jury indictment. 010 0
xausa.bsky.social @xausa.bsky.social · 19/11/2025If dismissal is on this ground, I think that (unfortunately) the Government would have a strong argument that it could reindict within six months of the dismissal under 18USC3288, especially since the grand jury apparently found probable cause with respect to the charges in the filed indictment. 020 0
xausa.bsky.social @xausa.bsky.social · 11/11/2025Dear Senator Johnson (R-WI): please, please take this money. Very truly yours, Your 2028 election opponent. 000 0
xausa.bsky.social @xausa.bsky.social · 11/11/2025case was tried in federal court under diversity of citizenship jurisdiction and appealed to the federal appellate court. cert petition raises issues under federal evidence rules, applicable to federal cases even if arising under state law. Can’t judge petition’s merits until after Carroll responds 110 0
xausa.bsky.social @xausa.bsky.social · 14/10/2025If the indictment is dismissed based on the prosecutor’s lack of authority, DOJ would have 6 months from the dismissal to reindict (assuming they could find a prosecutor to do it) 18 USC 3288. 120 0
xausa.bsky.social @xausa.bsky.social · 10/10/2025Although the case is exceedingly weak tea, paragraph 17 does allege that the secondary residence misrepresentation was also made in the mortgage loan application itself. 000 0
xausa.bsky.social @xausa.bsky.social · 09/10/2025so a different property from the one James helped her niece with; this case seems plausible on its face but rather penny-ante 010 0
xausa.bsky.social @xausa.bsky.social · 01/10/2025That was dicta. DOJ could have pressed the issue in the Cook litigation (although fair point that DOJ as litigation strategy may have been reading the Court's earlier tea leaves about the Bank of the United States) 000 0
xausa.bsky.social @xausa.bsky.social · 01/10/2025It is the Administration, not the Court, that is treating the Fed differently, conceding (at least in the Cook case) that the "for cause" restriction on removal is legitimate. 000 0
xausa.bsky.social @xausa.bsky.social · 24/09/2025If, as reported, James disclosed the true facts to the mortgage lender and the only "misstatement" is in the power of attorney for closing, then the US Atty will need an FBI agent willing to testify falsely that the POA was material to the lender's decision to fund the loan. 000 0
xausa.bsky.social @xausa.bsky.social · 22/09/2025Agree that the case was not chargeable as of January 20, 2025. But if after taking office Homan actually did deliver whatever it was the undercover agents had paid him for, I think that would be chargeable as honest services mail/wire fraud. 010 0
xausa.bsky.social @xausa.bsky.social · 22/09/2025Not normal, but permissible. People have become US Attys without prosecutorial experience and done a good job (Chris Christie comes to mind). I wouldn't expect Ms. Halligan to be one of them. 030 0
xausa.bsky.social @xausa.bsky.social · 22/09/2025DOJ couldn't charge bribery because Homan had not performed an official act; couldn't charge conspiracy because undercover agents are not legally coconspirators. Could awaited the filing of his 2024 tax return without the income declared and charged tax fraud, but Trump victory prevented that. 031 0
xausa.bsky.social @xausa.bsky.social · 26/08/2025A stupid thing for the government to add to its brief in a case where detention was a sure thing: an illegal alien who twice failed to appear for his hearings before an immigration judge. 000 0
xausa.bsky.social @xausa.bsky.social · 20/08/2025In the district I worked, JAG’s acted as SAUSA’s for petty offenses committed by civilians on base, which worked out fine. Anything more serious would be handled by a regular AUSA. 000 0
xausa.bsky.social @xausa.bsky.social · 14/08/2025Not available to the prosecutor. 6th amendment gives defendant right to be tried in district where offense occurred. Federal criminal rule 21 gives the defendant (and not the government) the ability to move for a change of venue 030 0
xausa.bsky.social @xausa.bsky.social · 25/06/2025The time limits make this difficult even for a skilled questioner. 030 0
xausa.bsky.social @xausa.bsky.social · 27/05/2025While I support the ruling, describing Judge Liman as a Trump appointee is true but incomplete. He was recommended by Schumer as part of a package. "Liman has ... made nearly forty political contributions . . . all to Democrats or Democratic-aligned organizations." vettingroom.org/2018/08/09/l...vettingroom.orgLewis Liman – Nominee to the U.S. District Court for the Southern District of New York.Interestingly, if Liman faces opposition, it will likely come from Republican senators who consider his record to be too “liberal.” 1150 0
xausa.bsky.social @xausa.bsky.social · 26/05/2025The prohibition against enforcing contempt seems easily evaded—courts will just start requiring plaintiffs to post minimal amounts of security. 110 0
xausa.bsky.social @xausa.bsky.social · 17/04/2025Can't the executive order opponents--either by amending an existing complaint or filing a new action--file a class action against the EO and achieve a universal injunction and moot the issue before the Court? 030 0
xausa.bsky.social @xausa.bsky.social · 24/03/2025Since the EO allows an eight-year look-back, the attorneys representing Rep. Louis Gomert in his suit against VP Pence in the run-up to January 6th would be a good place to start. www.supremecourt.gov/DocketPDF/20...supremecourt.gov 020 0
xausa.bsky.social @xausa.bsky.social · 12/03/2025Of all the lousy things DOJ has done lately, this would be the least lousy. The local US Attorney’s Offices do a much better job with these cases. Of course remains to be seen if those offices’ corruption sections will be shut down as well. 330 0
xausa.bsky.social @xausa.bsky.social · 10/03/2025Alexandria Division of Western District LA--Judge Edwards (Biden) and Senior Judge Drell (GW Bush--approved 99-0). These judges seem ok but 5th circuit obviously a problem for Mr. Khalil. 010 0
xausa.bsky.social @xausa.bsky.social · 22/02/2025Not entirely true—it’s a misdemeanor (first offense) or a felony (second offense) to enter illegally. It’s also a felony for a person previously deported to be present in the United States. 8 USC 1325, 1326. 100 0
xausa.bsky.social @xausa.bsky.social · 23/01/2025The arguments to not reach the merits are pretty standard DOJ federal programs branch stuff. The merits argument is not legally unethical but utterly unpersuasive. 000 0
xausa.bsky.social @xausa.bsky.social · 21/01/2025A defendant in a federal criminal case who is a US-born offspring of illegal immigrants should move to dismiss arguing they are not subject to US jurisdiction in light of the Executive Order. DOJ response brief would be interesting. 0150 0
xausa.bsky.social @xausa.bsky.social · 20/01/2025A defendant in a federal criminal case who is a US-born offspring of illegal immigrants should move to dismiss arguing they are not subject to US jurisdiction in light of the Executive Order. DOJ response brief would be interesting. 000 0
xausa.bsky.social @xausa.bsky.social · 20/01/2025A defendant in a federal criminal case who is a US-born offspring of illegal immigrants should move to dismiss arguing they are not subject to US jurisdiction in light of the Executive Order. DOJ response brief would be interesting. 010 0
xausa.bsky.social @xausa.bsky.social · 20/01/2025A defendant in a federal criminal case who is a US-born offspring of illegal immigrants should move to dismiss arguing they are not subject to US jurisdiction in light of the Executive Order. DOJ response brief would be interesting. 020 0
xausa.bsky.social @xausa.bsky.social · 20/01/2025A defendant in a federal criminal case who is a US-born offspring of illegal immigrants should move to dismiss arguing they are not subject to US jurisdiction in light of the Executive Order. DOJ response brief would be interesting. 030 0
xausa.bsky.social @xausa.bsky.social · 12/01/2025She’ll find she has jurisdiction and rule that because Trump is possible witness in case against Nauta/DeOliveira and Vol 1 (Jan 6 case) details acts of dishonesty by Trump that could be inquired into under Evid Rule 608, Vol 1 is relevant to the documents case and can’t be released. 000 0