@alegalnerd.bsky.social
Attorney w/42 years experience primarily in criminal law and procedure and constitutional law. 100+ jury trials to verdict, including capital cases. 1000s of motions and briefs, in state and federal court at trial and appellate level.
Pinned
The Hating Little Creature aka Stephen Miller, should have watched this and learned (if he's even capable of learning) what Ol Blue Eyes aka The Chairman of the Board thought about hatred of "others" and what America was meant to stand for.
Reposted
A cmt on the SCOTUS order re deployment of the National Guard: Some have wondered whether it would have invalidated the use of NG to prevent opposition to desegregation in the 50’s and 60’s. Probably not, since the Insurrection Act was invoked. But one use of the precursor to §12406 seems sus 1/x
December 28, 2025 at 4:46 PM
A cmt on the SCOTUS order re deployment of the National Guard: Some have wondered whether it would have invalidated the use of NG to prevent opposition to desegregation in the 50’s and 60’s. Probably not, since the Insurrection Act was invoked. But one use of the precursor to §12406 seems sus 1/x
Reposted
Here’s a primer in presidential war powers, in case the need for one arises
www.congress.gov
December 27, 2025 at 1:48 PM
Here’s a primer in presidential war powers, in case the need for one arises
As I said, if @jnklz.bsky.social wrote it, I'd read it if you want to be informed in an objective legal manner.
Here’s a primer on how force is authorized, nominally anyway, or restricted. 👇
www.congress.gov
December 27, 2025 at 6:34 PM
As I said, if @jnklz.bsky.social wrote it, I'd read it if you want to be informed in an objective legal manner.
@jnklz.bsky.social wrote it = smart to read it if you want to be smart
If you’re interested in a quick introduction to congressional war powers, here’s one that might do. 👇
www.congress.gov
December 27, 2025 at 6:33 PM
@jnklz.bsky.social wrote it = smart to read it if you want to be smart
The Hating Little Creature aka Stephen Miller, should have watched this and learned (if he's even capable of learning) what Ol Blue Eyes aka The Chairman of the Board thought about hatred of "others" and what America was meant to stand for.
December 27, 2025 at 4:46 AM
The Hating Little Creature aka Stephen Miller, should have watched this and learned (if he's even capable of learning) what Ol Blue Eyes aka The Chairman of the Board thought about hatred of "others" and what America was meant to stand for.
@jimmykimmel.com 💩 on King Donny
Dear Britain: things are bad, but America will recover from Donald Trump. Just give us three years | Jimmy Kimmel
Dear Britain: things are bad, but America will recover from Donald Trump. Just give us three years | Jimmy Kimmel
When the president targeted me and my TV show, millions said no. So don’t give up on us – and always remember, we’re not all like him, says US talkshow host Jimmy Kimmel
www.theguardian.com
December 25, 2025 at 6:42 PM
@jimmykimmel.com 💩 on King Donny
If you haven't already done so, watch every episode and contrast what the Patriots were fighting against to what Trump is trying to accomplish.
December 24, 2025 at 10:01 PM
If you haven't already done so, watch every episode and contrast what the Patriots were fighting against to what Trump is trying to accomplish.
Reposted
My thoughts on the Interim Order in Trump v. Illinois open.substack.com/pub/executiv...
Thoughts on the Interim Order in Trump v. Illinois
The administration loses but still has options for domestic military deployment
open.substack.com
December 24, 2025 at 3:51 PM
My thoughts on the Interim Order in Trump v. Illinois open.substack.com/pub/executiv...
Reposted
Here’s @jackgoldsmith.bsky.social take on what comes next (maybe):
Here’s a take on how t can potentially use the Insurrection Act or assert federal protective power to use regular troops to help enforce immigration law. It continues to treat §12406 as something less severe than the Insurrection Act. I think the Court’s holding demonstrates this is not true.
Thoughts on the Interim Order in Trump v. Illinois
The administration loses but still has options for domestic military deployment
open.substack.com
December 24, 2025 at 4:24 PM
Here’s @jackgoldsmith.bsky.social take on what comes next (maybe):
Reposted
Hey 👀 “regular forces” is, you know, regular forces! Military ones!
More to the point, §12406 does not expand authority to call the NG into federal service to “execute the law”in situations where using regular troops wouldn’t be permitted, so, unless the Insurrection Act is appropriately invoked
More to the point, §12406 does not expand authority to call the NG into federal service to “execute the law”in situations where using regular troops wouldn’t be permitted, so, unless the Insurrection Act is appropriately invoked
NEW: By a 6-3 vote, the Supreme Court blocks Trump’s deployment of the National Guard to Chicago to assist immigration agents. A majority holds that he likely lacks authority to do so. Thomas, Alito, and Gorsuch dissent. www.supremecourt.gov/opinions/25p...
![The Government asked this Court to stay the District Court's order. After the response and reply were filed, JUSTICE BARRETT referred the application to the Court. We directed the parties to file supplemental letter briefs on an issue that the District Court had addressed but the parties' initial briefs had not: the meaning of the term "regular forces" in §12406(3). In its supplemental brief, the Government argues that the term refers to civilian law enforcement officers, such as those employed by Immigration and Customs Enforcement or the Federal Protective Service.
Respondents, echoing the District Court, maintain that the term refers to the regular forces of the United States mili-tary.
We conclude that the term "regular forces" in §12406(3) likely refers to the regular forces of the United States mili-tary. This interpretation means that to call the Guard into active federal service under §12406(3), the President must be "unable" with the regular military "to execute the laws of the United States." Because the statute requires an assessment of the military's ability to execute the laws, it likely applies only where the military could legally execute the laws. Such circumstances are exceptional: Under the Posse Comitatus Act, the military is prohibited from "execut[ing] the laws" "except in cases and under circumstances expressly authorized by the Constitution or Act of Congress."
18 U. S. C. §1385. So before the President can federalize the Guard under §12406(3), he likely must have statutory or constitutional authority to execute the laws with the regular military and must be "unable" with those forces to perform that function.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:6h7b2i6ttw3l4t7pvbvxdith/bafkreiftbhzwvn3vgwhqsi7k2paizvdw4t26ailljvovso3chqupnmj364@jpeg)
December 23, 2025 at 9:56 PM
Hey 👀 “regular forces” is, you know, regular forces! Military ones!
More to the point, §12406 does not expand authority to call the NG into federal service to “execute the law”in situations where using regular troops wouldn’t be permitted, so, unless the Insurrection Act is appropriately invoked
More to the point, §12406 does not expand authority to call the NG into federal service to “execute the law”in situations where using regular troops wouldn’t be permitted, so, unless the Insurrection Act is appropriately invoked
@leahlitman.bsky.social @martylederman.bsky.social filed the "regular forces" amicus that, IIRC, @jnklz.bsky.social was the first to flag.
December 23, 2025 at 11:27 PM
@leahlitman.bsky.social @martylederman.bsky.social filed the "regular forces" amicus that, IIRC, @jnklz.bsky.social was the first to flag.
Reposted
BREAKING: WATCH the full 60 Minutes CECOT segment here. This was sent to me anonymously. It appears to be the segment CBS' Bari Weiss killed. www.muellershewrote.com/p/watch-the-...
WATCH: The 60 Minutes CECOT Segment
I was sent the CECOT segment anonymously in a group chat.
www.muellershewrote.com
December 22, 2025 at 10:46 PM
BREAKING: WATCH the full 60 Minutes CECOT segment here. This was sent to me anonymously. It appears to be the segment CBS' Bari Weiss killed. www.muellershewrote.com/p/watch-the-...
Reposted
Reposted
NSF is about to dismantle NCAR at Russell Vought's direction to protect the fossil fuel industry. It's hard to communicate just how much NCAR does, so let's take a look: I've never worked at NCAR, and I've worked with NCAR researchers once ever. What scientific discoveries has NCAR made possible? 👇
December 17, 2025 at 4:14 AM
NSF is about to dismantle NCAR at Russell Vought's direction to protect the fossil fuel industry. It's hard to communicate just how much NCAR does, so let's take a look: I've never worked at NCAR, and I've worked with NCAR researchers once ever. What scientific discoveries has NCAR made possible? 👇
Reposted
Please read this piece by the National Review’s Jim Geraghty, if you never read anything else.
www.nationalreview.com/the-morning-...
www.nationalreview.com/the-morning-...
Trump’s Appalling Reiner Reaction Is a Sign of Something Deeply Wrong | National Review
Yes, we must talk about what President Trump posted on Truth Social about the brutal murders of the Reiners.
www.nationalreview.com
December 16, 2025 at 11:57 PM
Please read this piece by the National Review’s Jim Geraghty, if you never read anything else.
www.nationalreview.com/the-morning-...
www.nationalreview.com/the-morning-...
Reposted
December 15, 2025 at 9:13 PM
@martylederman.bsky.social
What murder statutes?
What murder statutes?
Here, however, his inexplicable acceptance of that absurd idea caused him not only to engage in that first patently unlawful strike--which violates murder statutes, IHRL, and longstanding DOD norms--but also to leave him helplessly at sea (sorry) in deciding whether to take the second strike. [4]
December 11, 2025 at 6:22 PM
@martylederman.bsky.social
What murder statutes?
What murder statutes?
Just when observers thought Trump was on the ropes, he's still standing strong. Thus far, Congress, the SCOTUS, powerful corporations, large law firms, prestigious universities, world leaders, have all bent the knee. Say what you want about this dude, his pursuit of complete power continues unabated
There he is folks. Proud recipient of the new FIFA Peace Prize. He couldn’t put that gold medal around his neck fast enough.
December 5, 2025 at 6:02 PM
Just when observers thought Trump was on the ropes, he's still standing strong. Thus far, Congress, the SCOTUS, powerful corporations, large law firms, prestigious universities, world leaders, have all bent the knee. Say what you want about this dude, his pursuit of complete power continues unabated
Grand Jury (aware of Trump's Revenge Tour) Nullification. 😆
JUST IN: Statement from Abbe Lowell, defense counsel for Letitia James, on Virginia grand jury’s refusal to re-indict the NY Attorney General on mortgage fraud charges:
December 5, 2025 at 5:11 AM
Grand Jury (aware of Trump's Revenge Tour) Nullification. 😆
Trump & Hegseth will skate ... once again.
Admiral Bradley is apparently going to tell Congress tomorrow that the two survivors whose boat had been blown to smithereens “were attempting to continue their drug run, making themselves legitimate targets for another attack.”
Via WSJ
🎁 🔗
www.wsj.com/politics/nat...
Via WSJ
🎁 🔗
www.wsj.com/politics/nat...
Exclusive | Survivors of Boat Strike Were Actively Continuing Drug Mission, Admiral to Tell Lawmakers
Adm. Frank “Mitch” Bradley, the commander of the September attack, is set to provide an account of his role for the first time in a closed briefing.
www.wsj.com
December 4, 2025 at 6:05 AM
Trump & Hegseth will skate ... once again.