Joseph McGhee
@radlegaltakes.bsky.social
AuDHD Gen X’er with a passion for justice and a well-grinded axe. Relentlessly dedicated to government accountability and the rule of law. I like cats.
#Flagstaff #Arizona
Signal: @moroserabbit.34
#Flagstaff #Arizona
Signal: @moroserabbit.34
Pinned
Many of you know me from #LawTwitter and #AppellateTwitter, but for those at #LawSky who do not, I am excited to connect!
Briefly, I’m the pro se plaintiff-appellant in a 9th Circuit appeal challenging the doctrines of § 1983 qualified & absolute immunity.
(1/7)
Briefly, I’m the pro se plaintiff-appellant in a 9th Circuit appeal challenging the doctrines of § 1983 qualified & absolute immunity.
(1/7)
Reposted by Joseph McGhee
Shocks the conscience as deeply morally wrong. That staff is committing torture.
On Thanksgiving, the immigrant children held at the Dilley detention center gathered in the gym for what they thought was a holiday feast.
The kids salivated over a spread of turkey, sandwiches, pastries and pies, a family told me.
But the food wasn’t for detainees — it was for the staff.
The kids salivated over a spread of turkey, sandwiches, pastries and pies, a family told me.
But the food wasn’t for detainees — it was for the staff.
February 13, 2026 at 8:57 PM
Shocks the conscience as deeply morally wrong. That staff is committing torture.
Reposted by Joseph McGhee
They’re here! 🕊️🕊️🕊️
550 pigeons rescued after their owner passed. This kind of thing happens so much more often than you’d think.
550 pigeons rescued after their owner passed. This kind of thing happens so much more often than you’d think.
February 13, 2026 at 8:49 PM
They’re here! 🕊️🕊️🕊️
550 pigeons rescued after their owner passed. This kind of thing happens so much more often than you’d think.
550 pigeons rescued after their owner passed. This kind of thing happens so much more often than you’d think.
Reposted by Joseph McGhee
I found the perfect appetizer for Valentine's Day at my local sushi place
February 14, 2026 at 12:24 AM
I found the perfect appetizer for Valentine's Day at my local sushi place
Reposted by Joseph McGhee
Guillotines are the moderate solution
On Thanksgiving, the immigrant children held at the Dilley detention center gathered in the gym for what they thought was a holiday feast.
The kids salivated over a spread of turkey, sandwiches, pastries and pies, a family told me.
But the food wasn’t for detainees — it was for the staff.
The kids salivated over a spread of turkey, sandwiches, pastries and pies, a family told me.
But the food wasn’t for detainees — it was for the staff.
February 13, 2026 at 8:14 PM
Guillotines are the moderate solution
Reposted by Joseph McGhee
Reposted by Joseph McGhee
Remember when we thought Sarah Palin was the dumbest person in politics
Good times.
Good times.
February 8, 2026 at 2:02 PM
Remember when we thought Sarah Palin was the dumbest person in politics
Good times.
Good times.
Reposted by Joseph McGhee
Occasionally someone will like an old tweet of mine. Still stands up.
February 4, 2026 at 12:26 AM
Occasionally someone will like an old tweet of mine. Still stands up.
Reposted by Joseph McGhee
FaceID has no Fifth Amendment protections.
The Fifth’s protections are limited to testimonial statements.
Your face’s biometrics are not considered testimony.
#Testify!
The Fifth’s protections are limited to testimonial statements.
Your face’s biometrics are not considered testimony.
#Testify!
Biometric locks for phones aren’t just convenient for you, they are convenient for the cops.
“explicitly authorized law enforcement personnel to obtain Natanson’s phone and both hold the device in front of her face and to forcibly use her fingers to unlock it”
theintercept.com/2026/01/30/w...
“explicitly authorized law enforcement personnel to obtain Natanson’s phone and both hold the device in front of her face and to forcibly use her fingers to unlock it”
theintercept.com/2026/01/30/w...
Washington Post Raid Is a Frightening Reminder: Turn Off Your Phone’s Biometrics Now
The search warrant to raid a Washington Post reporter’s home shows how authorities can open your phone without your consent.
theintercept.com
February 4, 2026 at 1:00 AM
FaceID has no Fifth Amendment protections.
The Fifth’s protections are limited to testimonial statements.
Your face’s biometrics are not considered testimony.
#Testify!
The Fifth’s protections are limited to testimonial statements.
Your face’s biometrics are not considered testimony.
#Testify!
Mike Johnson is a constitutional lawyer like Happy Gilmore was a hockey player.
Q: You're a constitutional lawyer. Can you detail the 4th Amendment protections someone has if ICE approaches their home w/an administrative warrant?
MIKE JOHNSON: When ICE goes to execute a warrant, it's issued by an immigration judge, & that is a sufficient legal authority to go apprehend someone
MIKE JOHNSON: When ICE goes to execute a warrant, it's issued by an immigration judge, & that is a sufficient legal authority to go apprehend someone
February 3, 2026 at 5:25 PM
Mike Johnson is a constitutional lawyer like Happy Gilmore was a hockey player.
Reposted by Joseph McGhee
Leaving aside the rest of the inappropriateness of this, I wanna know how enforcement works. Does the Supreme Court file suit in district court?
Jodi Kantor in the NY Times reports that the Chief Justice requested Court employees sign nondisclosure agreements in November 2024 - moving to formal contracts requiring silence/confidentiality after Trump was reelected: www.nytimes.com/2026/02/02/u...
February 3, 2026 at 12:08 AM
Leaving aside the rest of the inappropriateness of this, I wanna know how enforcement works. Does the Supreme Court file suit in district court?
Reposted by Joseph McGhee
The DHS funding needs to include specific criminal penalties for officers who do, or order, things like using teargas on peaceful protesters, assaulting, unlawfully detaining, etc., with a nice long statute of limitations.
February 1, 2026 at 4:44 AM
The DHS funding needs to include specific criminal penalties for officers who do, or order, things like using teargas on peaceful protesters, assaulting, unlawfully detaining, etc., with a nice long statute of limitations.
Reposted by Joseph McGhee
Apart from ::gestures broadly::, I've decided to take the plunge and set up a (small) endowment fund at the NCSU Libraries
Stayed there overnight quite a bit back when I was homeless (nearly 30 years ago now 👴🏼🫠) and want to give something back to them
Stayed there overnight quite a bit back when I was homeless (nearly 30 years ago now 👴🏼🫠) and want to give something back to them
January 28, 2026 at 4:37 PM
Apart from ::gestures broadly::, I've decided to take the plunge and set up a (small) endowment fund at the NCSU Libraries
Stayed there overnight quite a bit back when I was homeless (nearly 30 years ago now 👴🏼🫠) and want to give something back to them
Stayed there overnight quite a bit back when I was homeless (nearly 30 years ago now 👴🏼🫠) and want to give something back to them
Reposted by Joseph McGhee
When I was not even in law school yet and just a baby Dem, I had a little politics blog. I went to a @wisdems.org convention and Sen. Feingold was hosting a hospitality (with sloppy joes, IYKYK) and we'd never met but when I introduced myself, he mentioned a blog I'd written recently.
Feingold losing his seat made the senate so much worse
January 27, 2026 at 9:13 PM
When I was not even in law school yet and just a baby Dem, I had a little politics blog. I went to a @wisdems.org convention and Sen. Feingold was hosting a hospitality (with sloppy joes, IYKYK) and we'd never met but when I introduced myself, he mentioned a blog I'd written recently.
Reposted by Joseph McGhee
Reposted by Joseph McGhee
I don’t really care about minor PR victories. Bovino being demoted is nice but means little standing alone. We need real accountability.
January 27, 2026 at 6:29 PM
I don’t really care about minor PR victories. Bovino being demoted is nice but means little standing alone. We need real accountability.
Reposted by Joseph McGhee
Hiding the Epstein Files means you’re GUILTY AF.
Hiding the Epstein Files means you’re GUILTY AF.
Hiding the Epstein Files means you’re GUILTY AF.
Hiding the Epstein Files means you’re GUILTY AF.
Hiding the Epstein Files means you’re GUILTY AF.
January 26, 2026 at 1:12 AM
Hiding the Epstein Files means you’re GUILTY AF.
Hiding the Epstein Files means you’re GUILTY AF.
Hiding the Epstein Files means you’re GUILTY AF.
Hiding the Epstein Files means you’re GUILTY AF.
Hiding the Epstein Files means you’re GUILTY AF.
I don’t have a single Republican friend who supports him anymore. And (living in Arizona) I have quite a few Republican friends.
Honestly, at this point I don’t think I could remain friends with someone who doesn’t oppose Trump, so I’m very glad they’ve seen the light so to speak.
Honestly, at this point I don’t think I could remain friends with someone who doesn’t oppose Trump, so I’m very glad they’ve seen the light so to speak.
When are people going to realize that opposition to Trump is not about Democrats versus Republicans, it has everything to do with one man, void of morals and principles, one man who exists for one man, Donald Trump. It's not that complicated.
January 26, 2026 at 4:45 PM
I don’t have a single Republican friend who supports him anymore. And (living in Arizona) I have quite a few Republican friends.
Honestly, at this point I don’t think I could remain friends with someone who doesn’t oppose Trump, so I’m very glad they’ve seen the light so to speak.
Honestly, at this point I don’t think I could remain friends with someone who doesn’t oppose Trump, so I’m very glad they’ve seen the light so to speak.
I’m pretty sure 18 USC § 111 requires some element of violence, either physical or by way of threat. From what I understand of the case law, passive, collateral acts (like a traffic blockade occurring before the agents are actually engaged in enforcement activity not sleeping) don’t cut it.
No?
No?
oh commuters just found the motherlode of ice agents at a suburban hotel, including, potentially, bovino himself. a bunch of confirmed ICE and CBP cars from the bovino convoy there. spring hill suites in maple grove.
people of the twin cities, do with this info what you will.
people of the twin cities, do with this info what you will.
January 26, 2026 at 5:48 AM
I’m pretty sure 18 USC § 111 requires some element of violence, either physical or by way of threat. From what I understand of the case law, passive, collateral acts (like a traffic blockade occurring before the agents are actually engaged in enforcement activity not sleeping) don’t cut it.
No?
No?
I think far too many people have an idea of our government that is just wholly detached from any rational notion of fundamental fairness.
Fundamental fairness means we don’t have to try to get into the minds of 18th century men, we just have to look to our collective conscience.
Fundamental fairness means we don’t have to try to get into the minds of 18th century men, we just have to look to our collective conscience.
“Oh, I’m sorry, only fundamental rights are actually rights (and too often not even so) when the government asserts some need to meddle with its citizenry in a way that implicates the bedrock principle of due process—fundamental fairness.
Cf. The 9th Amendment comes before the 10th for a reason.
Cf. The 9th Amendment comes before the 10th for a reason.
Logically, rational basis should not be met where the challenged regulation is either wildly underinclusive or the asserted governmental interest is speculative. Doesn’t that defeat any argument for rationality?
I’ve always thought RBR was bullshit by delegating certain rights to 2nd class status.
I’ve always thought RBR was bullshit by delegating certain rights to 2nd class status.
January 26, 2026 at 5:33 AM
I think far too many people have an idea of our government that is just wholly detached from any rational notion of fundamental fairness.
Fundamental fairness means we don’t have to try to get into the minds of 18th century men, we just have to look to our collective conscience.
Fundamental fairness means we don’t have to try to get into the minds of 18th century men, we just have to look to our collective conscience.
“Oh, I’m sorry, only fundamental rights are actually rights (and too often not even so) when the government asserts some need to meddle with its citizenry in a way that implicates the bedrock principle of due process—fundamental fairness.
Cf. The 9th Amendment comes before the 10th for a reason.
Cf. The 9th Amendment comes before the 10th for a reason.
Logically, rational basis should not be met where the challenged regulation is either wildly underinclusive or the asserted governmental interest is speculative. Doesn’t that defeat any argument for rationality?
I’ve always thought RBR was bullshit by delegating certain rights to 2nd class status.
I’ve always thought RBR was bullshit by delegating certain rights to 2nd class status.
January 26, 2026 at 5:22 AM
“Oh, I’m sorry, only fundamental rights are actually rights (and too often not even so) when the government asserts some need to meddle with its citizenry in a way that implicates the bedrock principle of due process—fundamental fairness.
Cf. The 9th Amendment comes before the 10th for a reason.
Cf. The 9th Amendment comes before the 10th for a reason.
Logically, rational basis should not be met where the challenged regulation is either wildly underinclusive or the asserted governmental interest is speculative. Doesn’t that defeat any argument for rationality?
I’ve always thought RBR was bullshit by delegating certain rights to 2nd class status.
I’ve always thought RBR was bullshit by delegating certain rights to 2nd class status.
January 26, 2026 at 5:19 AM
Logically, rational basis should not be met where the challenged regulation is either wildly underinclusive or the asserted governmental interest is speculative. Doesn’t that defeat any argument for rationality?
I’ve always thought RBR was bullshit by delegating certain rights to 2nd class status.
I’ve always thought RBR was bullshit by delegating certain rights to 2nd class status.
Reposted by Joseph McGhee
Considering how easily this administration lies, even with overwhelming evidence against it, it makes a lot more sense now how the Nazi's assumed power. They didn't have 20 people filming every incident to counter the lies.
Keep filming every interactions.
Keep filming every interactions.
January 25, 2026 at 10:20 PM
Considering how easily this administration lies, even with overwhelming evidence against it, it makes a lot more sense now how the Nazi's assumed power. They didn't have 20 people filming every incident to counter the lies.
Keep filming every interactions.
Keep filming every interactions.
“Yes.”
Same energy.
Same energy.
January 25, 2026 at 10:26 PM
“Yes.”
Same energy.
Same energy.
Reposted by Joseph McGhee
State and local government have to find ways to protect their citizens against federal violence—now, everywhere, not just in MN. States and jury trial are our best legal instruments against actual fascism now.
January 24, 2026 at 4:42 PM
State and local government have to find ways to protect their citizens against federal violence—now, everywhere, not just in MN. States and jury trial are our best legal instruments against actual fascism now.
I know most of you aren’t “allowed” to directly criticize a court.
I have no such free speech disability.
I have no such free speech disability.
Under what authority may a court require a lawyer, on the client’s dime, to make a substantive filing that has no bearing on the merits or decision in the client’s case?
Unless I’m mistaken, this is a 5th Amendment taking. I hope waves of collateral order appeals are forthcoming.
This is bullshit.
Unless I’m mistaken, this is a 5th Amendment taking. I hope waves of collateral order appeals are forthcoming.
This is bullshit.
Obligation to "Cite-Check ... the Cases Cited by the Other Side" and Report Errors to Court
From Nuvola, LLC v. Wright, decided Nov. 21 by Hennepin County (Minn.) Judge Laurie Miller: For the reasons the Court has...
reason.com
January 23, 2026 at 4:06 AM
I know most of you aren’t “allowed” to directly criticize a court.
I have no such free speech disability.
I have no such free speech disability.