@Teri_Kanefield@mastodon.social
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Teri_Kanefield

@Teri_Kanefield@mastodon.social

Former appellate defender and UC Berkeley Law graduate. My practice was limited to representing indigents on appeal.

I’ve written more than a dozen books and published more than 50 short pieces in The Washington Post, Cnn.com, and others. My book prizes include the Jane Addams Book Award.

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Teri_Kanefield, to random
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Today is an important anniversary.

73 years ago, on April 23, 1951, in Farmville, VA, Barbara Johns led a walkout of her segregated high school to protest the unfair and deplorable conditions of her school.

What?! You don’t know who Barbara Johns was?

She led her walkout more than 4 years before Rosa Parks refused to give up her seat on a bus, and before MLK, Jr. embraced nonviolence as the way to equality.

1/

Teri_Kanefield, to random
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Here is the appellate court's denial of Trump's claim of immunity:
https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208593677.0.pdf

The decision opens by summarizing the allegations in the indictment, being careful to add that guilt hasn't yet been determined.

The court then dismisses the idea that they don't have jurisdiction over the issue and concludes that it does.

Then, on to immunity. The court rejects Trump's "separation of powers" argument, saying this:

That's strong language.

1/

Teri_Kanefield, (edited ) to random
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I got hit with a wave of this:

💠 It's also the fault of the Democrats
💠People who think that we have time for slow progress are privileged
💠Voting doesn't help. We voted in 2020 and 2022 and the Democrats Did Nothing.

They seem to come out in election years, almost like a stealth campaign to elect Republicans.

I assume that there are people in that wave who are genuinely confused, but ignorance can also be dangerous.

It worked in 2000. Blaming the Dems helped elect George W.

I block them.

Teri_Kanefield, to random
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Hi, Fediverse,

I have my weekend blog post.

Click here: https://terikanefield.com/why-some-prefer-oligarchy/

Why some prefer oligarchy (and what's Russia got to do with it)

No, the members of Congress carrying water for Putin are not useful idiots or easily fooled.

They are Putin's allies and willing partners.

I offer some history and a timeline to explain how and why.

(Nobody should get the error this time. If you do, wait a few minutes and try again. Let me know because I have something else to try.)

Teri_Kanefield, to random
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Texas Governor Abbott signals that he may (will?) defy the Supreme Court order regarding the border.

https://www.houstonpublicmedia.org/articles/news/border/2024/01/24/475398/governor-abbott-signals-potential-defiance-of-supreme-courts-border-ruling/

In 1830, Andrew Jackson, as president, refused to heed a Supreme Court order regarding the removal of Native Americans from Georgia.

Jackson's refusal gave us the Trail of Tears.

Jackson remained popular.

The similarity: Both defiances are deeply racist.

The difference: In 1830 only white men could vote.

https://history.state.gov/milestones/1830-1860/indian-treaties#:~:text=President%20Jackson%20nonetheless%20refused%20to,and%20Henry%20Clay%20in%201835.

Teri_Kanefield, (edited ) to random
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I have my weekend blog post ready.

“The more I think about it,” said Heather Cox Richardson this week, “the more it seems the main story of the past decade has been Russian disinformation to undermine U.S. democracy.”

This was a notable comment because Richardson follows all the major political stories from the perspective of a political historian, and she has been doing so for years.

I think we should talk about the story AND why we are not talking about it more.

https://terikanefield.com/the-russian-disinformation-attack-and-the-disappearing-rabbit-trick/

Teri_Kanefield, to random
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A word about left-wing conspiracy theories.

Yesterday I sent about 10 people to this page because they were saying the same untrue things about Merrick Garland that I disproved here with facts:

https://terikanefield.com/can-democracy-work-in-america-part-iii-an-msnbc-cnn-conspiracy-theory-and-the-perils-of-legal-punditry/

That's when I realized a new Merrick Garland conspiracy theory had taken hold.

My initial reaction was pure irritation.

A knew what it would take to disprove it. . .

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Teri_Kanefield, to random
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The national election protection hotline (I do legal volunteer work for them) asked me to share information about them on social media.

Here is their website: https://866ourvote.org

If you are a lawyer and want to volunteer, there is a place to contact them.

(I like doing back office research, so I spent a few dozen hours last year researching changes in state election laws and writing up summaries so the lawyers working the hotline have the information handy.)

Teri_Kanefield, to random
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Hi, Mastodon,

I wrote a weekend blog post.

It's mostly a meditation on panic inspired by a comment someone here made.

Also, it's time to talk again about sadopopulism.

https://terikanefield.com/no-time-to-panic/

Teri_Kanefield, to random
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I am still absorbing the enormity of the Colorado Supreme Court's ruling that Trump is ineligible to appear on the ballot.

It was a long day, so forgive typing errors.

It seems to me that there was plenty of due process, Colorado law empowered its elections officer to determine qualification, and the elections officer did so.

I don't believe there has to a finding in criminal court that Trump engaged in insurrection for Section 3 to apply. . .

1/

Teri_Kanefield,
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The reality is that Trump has been found to have engaged in an insurrection and he still has the full support of the Republican Party.

He now has findings of fraud, rape, and inciting an insurrection, and the Republican Party still loves him.

It isn't that they are closing their eyes to lawbreaking. It's more than that.

They are glorifying lawbreaking, which is what people do when they believe the government is not legimitate.

4/

Teri_Kanefield, to random
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Okay, I did it:
https://terikanefield.com/section-3-and-the-spirit-of-liberty/

I offer the radical idea that the Colorado Trump-ballot case and the application of section 3 of the 14th Amendment isn’t easy or straightforward.

Do your thing Mastodon (I always post here first).

Teri_Kanefield, (edited ) to random
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https://www.cbsnews.com/news/rudy-giuliani-verdict-defamation-trial-georgia-election-workers/

This is the end of Guilani. He's broken and finished.

It's also a warning to people who want to spread lies about others.

(Adding: Whatever Giuliani has, the plaintiffs will take.)

Also adding: I don't know anything about collecting judgments.

Also, cynical comments don't make you look worldly or clever. They make you look either cynical or naive as if you think we live in a fairy tale world.

Teri_Kanefield, to random
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Well, this is interesting.

https://www.supremecourt.gov/DocketPDF/23/23-624/292946/20231211115417267_No.%2023-624%20U.S.%20v.%20Donald%20J.%20Trump%20Petition.pdf

Jack Smith petitions the Supreme Court to issue a decision on Trump's immunity claims even before the appellate court weighs in.

This was a bold and gutsy move.

It's obvious to everyone that the DC Appellate Court will rule against Trump's absolute criminal immunity claims. The DC appellate court also just went on about how important it is for the DC Trump case not to be delayed.

I think I'll back up and do some explaining.

1/

Teri_Kanefield, to random
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Warning: Rant coming.

The doomsaying and cynicism in my comments over the past few days are annoying me.

I am addressing the people saying any form of: "Why won't the Supreme Court rule in Trump's favor?"

You are unhinged from the facts. Get a grip.

Here are the facts: Since Trump lost in 2020, the Supreme Court, and every other court, has consistently ruled against him in his immunity claims.

1/

Teri_Kanefield, (edited ) to random
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My thinking on what must happen to save democracy has evolved.

Fact: The United States has been a backsliding democracy for some time.

Fact: We are in an information disruption.

Because democracy requires facts and an educated population, the question is whether enough people will develop the media literacy needed in this new age of information quickly enough.

1/

Teri_Kanefield, to random
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Here is Stephanie P. Jones' take on SCOTUS's decision to grant cert in the immunity case.

https://blog.stephaniejones.com/2024/03/01/yes-the-supreme-court-could-have-declined-the-case-but-then-what/

(She gets annoyed at a few of the influential TV lawyers.)

Teri_Kanefield, to random
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It's easy to fault the founders for all the things they got wrong. Once in a while, we should note when they got something right.

https://www.nbcnews.com/news/us-news/ohio-woman-miscarried-home-will-not-criminally-charged-grand-jury-says-rcna132093#

A grand jury refused to charge the Ohio woman who miscarried in her bathroom.

Grand juries were added to the Fifth Amendment to check a potentially tyrannical government. (Not all states are required to use Grand Juries because Grand Juries were not incorporated through the due process clause but the idea comes from the 5th Amendment)

Teri_Kanefield, (edited ) to random
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I had an "ah ha" moment when thinking about the angry responses to yesterday's blog post.

(This one, if you missed it.) https://terikanefield.com/section-3-and-the-spirit-of-liberty/

First, I'll share a positive response. (Screenshot #1)

(Screenshot #2 was typical of the angry responses.)

About 5 years ago, I took the tact of responding to "there are never any consequences" by listing the consequences.

I figured, you know, facts. For example, see #3

1/

Teri_Kanefield, (edited ) to random
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Trump just filed his opening brief in the immunity appeal in DC circuit court of appeal.

https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf

It's late but I just had to start reading (morbid curiosity)

Paragraph #1: He tells the court that if he can be indicted there will be no end to it. Presidents will be indicted for decades! It will be a parade of horribles!

(Assumption: This is a purely political.)

#2 is the doozy.
Basically, Dear Court: You have no power to sit in judgment of MEEEE.

It's laughably absurd.
1/

Teri_Kanefield, to random
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I'll confess that I felt disturbed yesterday by the eruption of conspiracy theories immediately after the Supreme Court denied cert before judgement.

(I attached a definition of conspiracy theories)

It happened here (somewhat) but I saw it more on other social media sites.

People leaped from a decision they didn't understand to theories of secret collusion and corruption.

Why not wait for more information?

I continue to believe that the way to save democracy is to hold on to facts.

1/

Teri_Kanefield, to random
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The look I get when I say, "I'm sorry. I can't take you with me because you're a dog."

Teri_Kanefield, (edited ) to random
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I'll address the comments about Liz Cheney by telling you what Harvard Professors Ziblatt and Levitsky say about how democracies die and how they are saved.

(The book is fabulous and was quite timely when it came out in 2018)

Basically, they said this (page 299):

When one of the candidates (in this case, Trump) goes off the deep end and embraces autocratic methods, what will save the nation is Republicans to switch and vote Democratic . . .

1/

Teri_Kanefield,
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Go ahead. Be angry at the Cheneys for their politics.

But recognize what Liz Cheney is doing and why she is doing it.

She is willing to endorse her ideological rival -- and anger her own base and colleagues--to keep Trump out of power because she recognizes that he is uniquely dangerous.

In her book, she is calling out the Republicans who continue to kiss Trump's ring as moral cowards.

I don't like her politics, but I respect what she is doing and why.

4/

Teri_Kanefield, to random
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The authors are political science professors at Stony Brook.

Their point: The biggest divide isn’t by party.

The biggest divided is by involvement in politics.

The most vocal voices from social media, who are amplified by the mainstream media, come from a relatively small group.

Echoing what Dannagal Young had to say in “Wrong: How Media, Politics, and Identity Drive our Appetite for Misinformation," the authors talk about 2 sets of relatively small groups of hyper-engaged partisans.

1/

Teri_Kanefield, to random
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Offering this free through my subscription:

"McDaniel was offered a more lucrative contributor contract after she agreed to appear on MSNBC and not just NBC News"

https://wapo.st/3TyPTDi

I may write about the irony of all of this for my weekend blog post.

Teri_Kanefield, (edited )
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This is the problem right here:

"In a friendly call between Jones and McDaniel, the two spoke about the . . need to have differing views on the airwaves."

People don't need "differing views."

They need facts.

The way MSNBC presents "news" the facts gets lost in an avalanche of opinions, speculation, and conjecture.

They are making their viewers less informed and angrier.

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