@D_J_Nathanson@mastodon.social
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D_J_Nathanson

@D_J_Nathanson@mastodon.social

Criminal defense lawyer at Wood & Nathanson, LLP. Posts reflect my personal views only. Boosts are not endorsements. He/him.
https://www.woodnathanson.com

[Alt text for avatar: A 50-ish white guy with a medium-ish build wearing a black suit, white shirt and gray tie, standing in front of a brick building, blurred in the background. Alt text for banner: a rocky shoreline with breaking waves.]

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D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

This week's theme is a song to dedicate to someone else on the fediverse.

WIthout excluding anyone else, two people that make this place fun are @Kitty and @neurothing with their weekly music hashtags themes.

So this is for them.

Big Boys - Fun, Fun, Fun (most definitely not the Beach Boys song)

@LRRRonEarth but gave up. Every song I thought of was incredibly inappropriate.]

https://bigboys.bandcamp.com/track/fun-fun-fun-2

or

https://youtu.be/TVjNj6BwaaA?si=zhafOjtVRdh80zKn

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It’s !

When cops ask you questions, ask for a lawyer and then STFU:

  • I am not discussing how I’m doing or where I’m going.

  • Am I free to leave?

  • I am not answering any questions.

  • If they ask to search anything: "I do not consent to a search."

  • I want to speak to a lawyer.

One of the biggest obstacles to claiming those protections? Bill Clinton, Janet Reno, and Timothy McVeigh.

In short the AEDPA. 🧵

Bill Clinton looking at a computer screen, making stupid pouty lips and giving the thumbs up.

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

A lot of what follows about the AEDPA is found in consistently great reporting by Radley Balko @radleybalko

https://radleybalko.substack.com/p/the-maddening-irrelevance-of-charlie

Not surprisingly, John Oliver also did a great job of explaining how bad the AEDPA is. https://youtu.be/kpYYdCzTpps?si=kfFghd8DHelUBrv9

But here, I’m focusing specifically on how AEDPA affects the Miranda protections.
A good law review that inspired this thread is here: https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=4702&context=wlr

/2

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Asking for a lawyer is a super-power. It provides perhaps the strongest protection in US law. If a person in police custody responds to questioning by asking for a lawyer, the police must stop questioning the person about ANY crime.

Because the protections are so broad and powerful, SCOTUS has refused to apply them unless you make a “clear and unambiguous” request for a lawyer. That’s the rub. /3

A gif of Halle Berry as Storm from the X-Men with white glowing eyes, blowing open doors and radiating lightning.

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

People under stress and feeling intimidated rarely speak with perfect clarity. They’re afraid of saying things that will make the interrogator angry. So they equivocate, saying things like “Could I call my lawyer,” “I think I might want an attorney.” State court judges (who are often former prosecutors) could rule that these are ambiguous requests for a lawyer even if it’s clear from context that you were asking for a lawyer.

It's “lawyer dawg” level of stupid.
https://slate.com/news-and-politics/2017/10/suspect-asks-for-a-lawyer-dawg-judge-says-he-asked-for-a-lawyer-dog.html
/4

A gif. A shiba inu dog in a blue suit and black bow tie anxiously yawns

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Assume you gave up and said incriminating things.

The judge rules that the cops did not have to stop questioning you and allows your statements to the cops to be evidence at your trial. You get convicted. You appeal. The state courts deny your appeal because they also rule that “could I call my lawyer” is ambiguous.

Your next step is to file a federal habeas corpus petition, alleging that your constitutional rights (your Miranda rights) were violated.

/5

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Before AEDPA, the federal court would just decide whether the state court was wrong and your rights were violated. After Clinton signed the AEDPA, the question was not whether the state court was wrong, but whether it was “unreasonably wrong.” This is sophistry in a statute. It's nonsense.
/6

John Turturro in O Brother Where Art Thou shaking his head and saying “That don’t make no sense.” He’s in the woods and he’s wearing dirty shirt and suspenders.

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

The reasons for the change are a grab bag of garbage and racism: terrorism, the death penalty, and “state’s rights.” That is, the state’s right to violate the constitution.

To get specific, when Timothy McVeigh bombed the federal building in Oklahoma City, lots of people assumed it was Islamic terrorists, not fever-brained white nationalists (aka racists).
/7

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

The Department of Justice - whose prior efforts to exploit the first World Trade Center bombing were stalled - had a wish list just waiting for such an opportunity. They rolled out the AEDPA in less than a week. And legislators cowed or ‘Murica, immediately rolled over. AEDPA became law.
/8

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

But the AEDPA applies to every conviction. Not just terrorism. Not just death penalty cases. It severely restricts habeas corpus even though the right to habeas corpus is specifically enshrined in the Constitution.
/9

Richard Pryor raising his eyebrows and saying, “There’s gotta be a catch.”

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

All of this bad enough for the person who was convicted. It gets worse for everyone else, thanks to the AEDPA and disingenuous judges and prosecutors.

The decision in your habeas corpus case under AEDPA was “this was wrong, but it wasn’t unreasonably wrong. You lose.” That decision goes in the law books.

/10

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Now someone else gets arrested and says “could I call my lawyer” but they say it loud and insistently. To a non-obtuse person, it’s a request for counsel. The cops ignore it.

The newly arrested person gets charged in state court and asks to have their statements to the cops thrown out.
/11

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

But some obtuse, dumb, or willfully blind judge or prosecutor goes to the law books and sees your prior case where you said “could I call my lawyer” and you lost under AEDPA. So now, even though the decision to allow the jury to hear your statements was actually wrong the judge in the new case says that that person did not invoke their right to counsel either. They lose. People keep losing. And with every case like this, the law gets worse thanks to AEDPA.
/12

David Rose (Dan Levy) from Schitt’s Creek saying, “I have never heard someone say so many wrong things, one after the other, consecutively.”

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

The AEDPA is an abomination. It’s obscene. It deliberately undermines your constitutional rights.

As with every post, I'm a lawyer in the USA. These comments are based on law in the USA. (And they apply to all people in the USA, whether or not they are citizens.) Some US states provide more protections than this. /END

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

The from @neurothing this week is , songs you listen to while working out. All these are fast, heavy, and political.

High Tension - Ular
https://hightensionband.bandcamp.com/track/ular

End - Eden Will Drown
https://yourfuckingend.bandcamp.com/track/end-eden-will-drown

Alien Weaponry - Ru An Te Whenua
(read description)
https://alienweaponry.bandcamp.com/track/r-ana-te-whenua-2

Converge - Churches and Jails
https://convergecult.bandcamp.com/track/churches-and-jails

Poison Idea - Discontent
https://poisonidea.bandcamp.com/track/discontent

Adam_Cadmon1, to random
@Adam_Cadmon1@mastodon.online avatar

NGL, I didn't know about the MOVE bombing until maybe 5 years ago and I know a LOT about Black History in the US.

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@Adam_Cadmon1 I wrote my law school final project on the Mumia Abu Jamal trial. Read all the transcripts of his trial. Read a lot about MOVE.

Fun fact: the Carter administration tried to take control of the Philadelphia police department because they were so incredibly racist but the federal court blocked it. They were in the middle of appealing that order when Reagan got elected. Regan (or his AG) ordered the appeal withdrawn. AKA green light to Philly cops.

BigAngBlack, to HipHop
@BigAngBlack@fosstodon.org avatar

This highlights so much that's wrong with prison sentencing and freedom of speech

New Orleans rapper BG won’t go back to prison – but judge will scrutinize lyrics

https://www.theguardian.com/music/article/2024/may/22/rapper-bg-prison-lyrics-new-orleans

> Musician is on supervised release, and judge’s reading will decide whether he is adequately attempting to ‘re-enter society’

#HipHop

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@BigAngBlack Check out this from @jacklerner and colleagues at UC Irvine https://endrapontrial.org/

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

Webinar from Salem SAFE & co-sponsor League of Women Voters Salem with:

  • MA Sierra Club discussing Project Maple - a proposed gas pipeline expansion

  • Stop Private Jet Expansion - leading the charge to prevent private jet expansion at Hanscom

SAFE - preparation for the "DPU Road Show" coming to Salem on 5/29 and the need to advocate for port electrification.

More links follow:

https://youtu.be/Jp8xVgvB2GI?si=1V4bJ0rY4KcsozDI

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

I couldn't resist posting this for the theme hosted by @neurothing and theme @HeatherInNZ

I'll post some actual songs later.

The Hard Times: "Metal Lyricist Pens Deeply Personal Song About the Time He Rode a Motorcycle into Hell and Had Sex with a Demon."

https://thehardtimes.net/music/metal-lyricist-pens-deeply-personal-song-about-the-time-he-rode-a-motorcycle-into-hell-and-had-sex-with-a-demon/

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

Here’s an question that I vacillate on: what about colors? Obviously some blind people were previously sighted and so including colors in alt text is helpful to them. What about people who were never sighted? What makes for good description for those people when we’re trying to convey the variation and definition that color brings? Should we just use regular color terms because people know how to navigate those terms, or is there some different emphasis that would be helpful?

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

The PBS website has so much great content on it. I just watched a drawing tutorial and then a live Prince concert. It really is a treasure.

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

from @neurothing
Second five.

Ellington, Mingus, Roach – Money Jungle (same) (jazz)
https://youtu.be/z9CfWuUIhvk?si=vLavQfnym47Bg-Y_

One Day As A Lion – Wild International (s/t) (hip hop)
https://youtu.be/6mKtt7F0rPU?si=hxGj98z8CL3ZPu8d

Dawson - Post Preposterous Pre Perfect Post Prefect (Terminal Island) (if the minutemen had a psychotic break)
https://youtu.be/YEDkQRQGQFg?si=RPldzSs-nSyakG4Q

Don Caballero – For Respect (same) (mathcore)
https://doncaballero.bandcamp.com/album/for-respect

Husker Du – New Day Rising (same) (you know)
https://youtu.be/n1bI_uDWvHQ?si=TWJphFxXarTcL4yg

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

from @neurothing

Jawbreaker – Shield Your Eyes (Bivouac) (punk/emo)
https://jawbreakerband.bandcamp.com/track/shield-your-eyes

Bl’ast! – Time to Think (Power of Expression) (old hardcore)
https://blastsl.bandcamp.com/album/the-expression-of-power

Eyehategod – Blank (Take As Needed for Pain) (metal)
https://centurymedia.bandcamp.com/track/blank

Discharge – Hear Nothing See Nothing Say Nothing (same) (metallic punk)
https://youtu.be/-vI1C6Z2sLg?si=sfZ_Vc2FjAi3sqbR

Candy – Human Condition Above Human Opinion (Heaven is Here) (noisy hardcore)
https://youtu.be/OIc57LkhP6s?si=4rJ2DC5lpKSd6zu8

RickiTarr, to random
@RickiTarr@beige.party avatar

Seriously heard someone saying they don't listen to many black artists, because they aren't really into rap. Bitch please, feel free to share songs from Black artists from any genre. Here is one of my favorites, if you like this song please check out her other work:

https://youtu.be/KovrJ8HXI1Q?si=HOYIG7YMuAUTsJz6

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@RickiTarr Zeal and Ardor - Swiss black metal (but innovative) https://youtu.be/ZYSTYe3PJTM?si=ODDh-IzVxnioIgAQ

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@RickiTarr Ballista -Texas metallic hardcore https://youtu.be/8O9kGOcUicg?si=IioSTGrZ8U8_naYB

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