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Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

When people show me hostility, they often speak in the first person plural.

(I blocked this person, so don't pile on him.)

It's group think. It's also mob-like to think that a group of citizens can change the pace or outcome of a criminal investigation.

tob,
@tob@hachyderm.io avatar

@Teri_Kanefield what does that even mean? Do they think if they were less patient, things would have played out differently? Like Garland is setting his timeline by checking comments on social media.

mattblaze,
@mattblaze@federate.social avatar

@Teri_Kanefield I find that many of the complaints I get on social media are based on three assumptions:

  • I have enormous, wildly outsized influence over things.
  • I am incompetent to wield this influence properly
  • Despite my enormous power, I will be chastened by the snide comments of a random stranger.
Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

Hi, Fediverse:

Whew. I finished this week's blog post. Do your thing, Mastodon.

https://terikanefield.com/beware-the-lawyers-follow-up/

It's a follow up from last week, answering some of the questions and comments I got.

In response to people telling me that I am overestimating the ability of people to decode legal news, I attempt to prove this hypothesis:

If people stop listening to legal pundits speculating, they wouldn’t feel confused and they wouldn’t think they need help from lawyers decoding the news.

1/

smurthys,
@smurthys@hachyderm.io avatar

@Teri_Kanefield In case you haven't seen this:

https://sauropods.win/@futurebird/112424845206897510

🤦🏽‍♂️

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

@smurthys

Facepalm. What a clown.

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

When the prosecution rests in the Manhattan case, I plan to read the transcripts so far looking for evidence that supports the elements of particular crimes.

This is my thing: Reading trial transcripts. My job was reading trial transcripts looking for appealable errors.

Shall I tell you my favorite moment in a transcript?

The defendant (yes, my client) walked in to court with baggy pants. The judge (a woman) was offended and angry. She thought the defendant was disrespecting her.

1/

Teri_Kanefield, (edited )
@Teri_Kanefield@mastodon.social avatar

She was so angry that the prosecutor felt bad for the young man and came to his defense. (It's hard to read emotion in a transcript, but she was obviously furious for the prosecutor to come to his defense.)

First the defense lawyer tried to explain that it was (unfortunately) the current fashion.

The prosecutor confirmed that it is a fashion.

The judge said, "Well. It's a fashion felony." (Reading it, I could allmost 'hear' her sputtering.)

I adopted the phrase "fashion felony."

2/

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

(I know. He shouldn't have been in court in baggy pants. I assume that the trial lawyer learned to explain things like that ahead of time.)

They were probably very, very baggy, I assume indecently baggy.

3/

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

Now that my son (the youngest) is 20 and in college, he will occasionally ask me for writing advice.

After looking at his thesis and intro: "Good set up! Now you need to think of a bunch of smart things to say."

(It's an art history class comparing paintings)

😂

mjibrower,
@mjibrower@mastodon.social avatar

@Teri_Kanefield @dougfir What a cool-sounding program!

dougfir,
@dougfir@mastodon.social avatar

@Teri_Kanefield
If he is in the mood for a road trip, the historic courthouse in Auburn is beautiful to look at. But it is built on top of a hill, with dozens of steps once you make the climb up the sidewalk. As a result, it is not very accessible for mobility impaired people. A clever person might be able to figure out a solution that incorporates art with functionality. (And there is a really good farmers market every Saturday in the parking lot down below the courthouse).

Teri_Kanefield, (edited ) to random
@Teri_Kanefield@mastodon.social avatar

Okay, I wrote the blog post I said I'd write: A more thoughtful explanation of why I refused to answer a few questions this week.

It's here: https://terikanefield.com/beware-the-lawyers/

This blog post could have been called “Why you don’t need a lawyer to answer your questions about legal issues in the news.”

Mostly it’s about former TV pundit Peter Arenella’s piece that I posted earlier.

If you get the error message, this is why:
https://news.itsfoss.com/mastodon-link-problem/

Just wait a minute and try again.

Gozo,

@Teri_Kanefield

The extent to which lawyers and politicians are held in low regard reflects our American sense of "entitlement." We feel entitled to have Right* prevail, to have lawyers only represent the innocent (or us), and to have politicians always deliver on promises as if they were Kings.

I'm a fan of both maligned groups: it takes a certain temperament to pursue either challenging career. Hat's off. To teachers and librarians, too.😎

Regards,
(($; -)}™
Gozo

*Not "the Right"!🤨

tawtovo,
@tawtovo@mastodon.social avatar

@Teri_Kanefield
Thank you for another thoughtful post! But as someone who avoids partisan legal punditry, I still think you overestimate the legibility of the actual legal facts to non-lawyers. For example, you mention googling parallel cases, but most of us don't know of any parallel cases or even what issues would make a case parallel (though I did learn that Oliver North went to trial after 11 months, and Steven Rosen didn't, even after years). So I got there, but I value your explanations!

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

I am getting questions across a few soical media sites about the ongoing trials.

I gave some quick answers about the problems with this.

Maybe, for my next blog post, I should offer a more thoughtful and thorough answer about what a lawyer can actually say that is valuable as a trial progresses.

It will probably appeal to my geekiest readers and annoy everyone else.

Maybe I should call it: "Beware the Lawyers." (Like "beware the Ides of March" but worse.)

EllenJS,
@EllenJS@mstdn.plus avatar

@Teri_Kanefield
“former pundit”? Do such really exist?

@rdnielsen

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

@EllenJS @rdnielsen

HAHA I posted a paper he wrote in 1998 I think about a week ago. He said I can call him a friend :)

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

I know the joke for May 4th is May the Fourth Be With You.

I prefer Metaphors Be With You.

sirc,
@sirc@mastodon.world avatar

@Teri_Kanefield "Metaphors Be With You" is the bumper sticker from the 'Poetry Alive' project!

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

@sirc

Decades ago (where does time go?) when I taught college and university level English, I used to write it on the board.

I am pretty sure I got it from a bumper sticker but I couldn't remember.

Teri_Kanefield, (edited ) to random
@Teri_Kanefield@mastodon.social avatar

Hi, Fedipeeps: I have my weekend blog post ready:

https://terikanefield.com/the-ninth-amendment-and-law-and-politics-of-reproductive-rights/

This time it's fun with Constitutional Law.

As a few people pointed out, this is the reason some of you get error messages:
https://news.itsfoss.com/mastodon-link-problem/

davidaugust,
@davidaugust@mastodon.online avatar

@Teri_Kanefield well done. A more concise and clear write up of the path that got so much of that law to where we are than I have seen before. Thank you for it.

Catherineb201,
@Catherineb201@mastodon.social avatar

@Teri_Kanefield a particularly thought provoking and interesting one - many thanks

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

Of course the problem has gotten worse since 1998.

This explains how news junkies who consume lots of legal opinions like this: "this is a strong case!" or "the special counsel is screwing up!" end up less informed and more unhinged from facts and reality.

https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1246&context=uclf

2/

MoiraEve,
@MoiraEve@mastodon.world avatar

@Teri_Kanefield At least news junkies read and consume news. News junkies may not be literate in legal opinions as you’d like, Teri. But there is a massive chasm between those who actively seek out political news and the vast majority of the country. And the media ecosystem itself (which includes X & FB) has shifted away from news and politics.

Teri_Kanefield, (edited )
@Teri_Kanefield@mastodon.social avatar

@MoiraEve

It depends on what news junkies consider "news."

If they confine themselves to actual news, you are correct.

If they are watching cable TV and listening to legal pundits offering evaluation about how well the prosecution is performing its investigative functions, it is not "news."

It is entertainment.

Such people are less informed because they become more unhinged from facts.

Teri_Kanefield, (edited ) to random
@Teri_Kanefield@mastodon.social avatar

I am currently re-reading Peter Arenella's "The Perils of TV Legal Punditry" published by the University of Chicago Legal Forum.

He wrote this in 1998, when the problem was just getting started.

(I'm taking notes as I read because, you know, decades of habit.)

It's here:
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1246&context=uclf

He predicted what the scholars I quoted in my pinned series say about the "cottage industry" of TV lawyering.

1/

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

I am going to answer this question for everyone:

https://mastodon.social/@timothyjohnson@mastodon.sdf.org/112349635246409685

My answer is here:

https://mastodon.social/

Remember:

There were possible crimes, but tax and reporting crimes are not election interference.

There is also a circular thing with Cohen and Pecker telling the court that they expected Trump to pay back the hush money payments.

If they expected to get paid back, it was a loan to Trump and not a contribution. Right?

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

The clear crime is that Trump didn't report the reimbursements in accordance with FECA rules.

But FECA violations are nothing burgers resulting in fines. I'm pretty sure the Obama and Clinton campaigns paid fines.

No biggie.

It would have been unnecessary to bring in Pecker to talk about the hush money case.

That's why some people like Jed and Hassen are cynically suggesting that the election interference framing was a political choice.

Teri_Kanefield, (edited )
@Teri_Kanefield@mastodon.social avatar

BTW: I expected more people to misunderstand my blog post and think I am saying there were no crimes.

My title "Where's the Beef" is because I went in circles looking for the "election interference" beef.

The beef I found was not election interference and was more like watered down beef stew.

To continue the beef metaphor, a burger but a nothing burger. (Did that make sense LOL?)

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

By the way, I always post here first because people will tell me my errors (without being rude LOL).

I don't hire a proofreader because I don't monetize. I feel like I should get double pay for today's blog post, but 2 x zero = zero 😂

Also I tend to discuss ideas here first because I get so many smart and interesting responses.

I think I've either muted, blocked, or scared away the people who like to yell at me.

bayport,
@bayport@theatl.social avatar

@Teri_Kanefield

We really appreciate you here 🙌🏽

Wayne's World we're not worthy scene.

faulkmore,
@faulkmore@mastodon.social avatar

@Teri_Kanefield tell your critics you love them and appreciate them more than everyone else.

And whatcha ya know, they stop in their tracks.

Try it!

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

Okay, I finished this week's blog post.

This took me a long time.

About 3 hours ago, I was sure it made sense. Then I kept working. I hope it still makes sense LOL.

https://terikanefield.com/wheres-the-beef-trumps-manhattan-criminal-case-and-some-mind-bending-legal-puzzles/

I discuss the criminal liability for behaving like a gold-plated bucket of slime and offer a few mind-bending legal puzzles.

It's super fun, sort of.

mastodonmigration,
@mastodonmigration@mastodon.online avatar

@Teri_Kanefield

Great piece! As always, thank you very much. Lots of food for thought.

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

@timothyjohnson

When I read the opening arguments, I thought, "I would have filed a motion to dismiss."

So I looked and the defense did that. In the response, the government listed lots of possible crimes, so they withstood the motion to dismiss.

There are possible crimes, but the case is being framed as "election interference" even though the possible crimes are not.

That's why Jed and others think it was a cynical political ploy for headlines.

They may get a tax conviction.

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

I am almost finished with this week's blog post.

Meanwhile, my 3-year old neice (grand niece? what do I call my niece's daughter?) taught me to play hide and seek.

Here's how:

💠 I tell her where I'll hide.
💠She closes her eyes and counts to 10.
💠When she reaches 10, she opens her eyes and looks for me.
💠It does't take long to find me.
💠Then we laugh.

I suspect I am supposed to tell her where I will hide so she doesn't feel scared when she opens her eyes and doesn't see me.

airwhale,
@airwhale@mastodon.social avatar

@Teri_Kanefield

When playing with young kids, we don't make the rules, but it's imperative that we follow them 😄

Sounds like a delightful time.

Catawu,
@Catawu@mastodon.social avatar

@Teri_Kanefield Grand niece. You are her Great Aunt. In more ways than one.

Teri_Kanefield, to random
@Teri_Kanefield@mastodon.social avatar

From the sound of the ferocious and alarmed barking, you'd think the house was on fire.

weezmgk,
@weezmgk@mastodon.social avatar

@Teri_Kanefield could be worse. Woofer might just sleep through postie visits

Catawu,
@Catawu@mastodon.social avatar

@Teri_Kanefield My neighbor’s chihuahua mix goes nuts if anything or anyone approaches (within 20 feet) of their house. She runs under furniture to keep barking while you’re trying to have a convo with the neighbors and they are trying to shush her. However, one night 3 prowlers were all over their backyard, and little princess could not be bothered to wake up from her snuggle spot. JJ seems to be ON THE JOB regardless.

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