@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.
1. @benjaminwittes.lawfaremedia.org
@jamescomey.bsky.social reply should assert that, in addition to hatred, (unitary executive) Trump, as the de facto prosecutor, wanted Comey prosecuted in order to achieve "self-vindication" of his verbal attacking C as a criminal over many years.
@jamescomey.bsky.social reply should assert that, in addition to hatred, (unitary executive) Trump, as the de facto prosecutor, wanted Comey prosecuted in order to achieve "self-vindication" of his verbal attacking C as a criminal over many years.
November 4, 2025 at 6:50 PM
1. @benjaminwittes.lawfaremedia.org
@jamescomey.bsky.social reply should assert that, in addition to hatred, (unitary executive) Trump, as the de facto prosecutor, wanted Comey prosecuted in order to achieve "self-vindication" of his verbal attacking C as a criminal over many years.
@jamescomey.bsky.social reply should assert that, in addition to hatred, (unitary executive) Trump, as the de facto prosecutor, wanted Comey prosecuted in order to achieve "self-vindication" of his verbal attacking C as a criminal over many years.
9. Re: the presumption of vindictiveness, notice how T's DOJ in fn. 17 cites to Smith but leaves out the reference to "self-vindication." Self-vindication is at the core of T's directing the indictment of @jamescomey.bsky.social. By indicting C, T vindicates himself and his claims C's a criminal.
November 4, 2025 at 1:08 AM
9. Re: the presumption of vindictiveness, notice how T's DOJ in fn. 17 cites to Smith but leaves out the reference to "self-vindication." Self-vindication is at the core of T's directing the indictment of @jamescomey.bsky.social. By indicting C, T vindicates himself and his claims C's a criminal.
Read @jamescomey.bsky.social mtn to dismiss & my posts from month ago. My bet: Indictment dismissed bc (1) vindictive prosecution & (2) "fundamentally ambiguous" questioning by Cruz. The "literal truth" argument isn't as strong but still meritorious.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
October 31, 2025 at 6:56 PM
Read @jamescomey.bsky.social mtn to dismiss & my posts from month ago. My bet: Indictment dismissed bc (1) vindictive prosecution & (2) "fundamentally ambiguous" questioning by Cruz. The "literal truth" argument isn't as strong but still meritorious.
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
To the extent that McGuire is going to testify at the hearing, his credibility is in issue. @sean-hecker.bsky.social should argue that Abrego is entitled to any Brady/Giglio material in the government's possession that could be used by the defense to undermine McGuire's credibility.
October 31, 2025 at 12:00 AM
To the extent that McGuire is going to testify at the hearing, his credibility is in issue. @sean-hecker.bsky.social should argue that Abrego is entitled to any Brady/Giglio material in the government's possession that could be used by the defense to undermine McGuire's credibility.
Yes. I'm glad to see @martylederman.bsky.social did what I suggested (9 days ago) someone do ... file an amicus on meaning of "regular" forces. An issue that IIRC @jnklz.bsky.social was the first to raise.
@stevevladeck.bsky.social
@stevevladeck.bsky.social
October 29, 2025 at 9:40 PM
Yes. I'm glad to see @martylederman.bsky.social did what I suggested (9 days ago) someone do ... file an amicus on meaning of "regular" forces. An issue that IIRC @jnklz.bsky.social was the first to raise.
@stevevladeck.bsky.social
@stevevladeck.bsky.social
Every Single Word Is True. And, I'll add (as I've previously stated many times) that this "politically-motivated" "garbage" prosecution likely helped Trump win reelection. Great job Bragg.
October 29, 2025 at 8:19 PM
Every Single Word Is True. And, I'll add (as I've previously stated many times) that this "politically-motivated" "garbage" prosecution likely helped Trump win reelection. Great job Bragg.
October 29, 2025 at 8:06 PM
But no dismissal of indictments bc Essayli didn't sign or participate in presentation to GJ. Contrast that with "Stalking Horse" Hack Halligan: She signed & presented case to GJ. And looks like judge deciding @jamescomey.bsky.social mtn to dismiss wants to see what Halligan told (and hid from?) GJ.
October 29, 2025 at 1:43 AM
But no dismissal of indictments bc Essayli didn't sign or participate in presentation to GJ. Contrast that with "Stalking Horse" Hack Halligan: She signed & presented case to GJ. And looks like judge deciding @jamescomey.bsky.social mtn to dismiss wants to see what Halligan told (and hid from?) GJ.
How do you interpret what Berzon is stating here re: the meaning of "regular forces"?
October 23, 2025 at 5:15 AM
How do you interpret what Berzon is stating here re: the meaning of "regular forces"?
Please correct me if I'm misinterpreting what Berzon's interpretation of "regular forces" is?
Her language isn't exactly an example of clarity (at least to me).
Her language isn't exactly an example of clarity (at least to me).
October 23, 2025 at 5:13 AM
Please correct me if I'm misinterpreting what Berzon's interpretation of "regular forces" is?
Her language isn't exactly an example of clarity (at least to me).
Her language isn't exactly an example of clarity (at least to me).
2. and, thereby, paint the path for Trump to say, okay then, I'll just deploy military forces because the civilian forces can't adequately protect federal actors and federal property. Perhaps that's why Marty addresses that possibility in his amicus?
October 23, 2025 at 5:10 AM
2. and, thereby, paint the path for Trump to say, okay then, I'll just deploy military forces because the civilian forces can't adequately protect federal actors and federal property. Perhaps that's why Marty addresses that possibility in his amicus?
@jamescomey.bsky.social supplement to his motions to dismiss?
October 21, 2025 at 6:35 PM
@jamescomey.bsky.social supplement to his motions to dismiss?
Comey pulling out the Big Guns -- The Biggest Gun!
October 18, 2025 at 12:14 AM
Comey pulling out the Big Guns -- The Biggest Gun!
The 793(e) "information" prong also requires an additional scienter requirement. But the Govt should be able to establish that element BARD.
October 17, 2025 at 8:24 PM
The 793(e) "information" prong also requires an additional scienter requirement. But the Govt should be able to establish that element BARD.
How is the Govt going to establish BARD that Bolton transmitted or retained the NDI with the "specific intent" to violate the law (in general, not 793(d) or (e) in particular)?
October 17, 2025 at 8:00 PM
How is the Govt going to establish BARD that Bolton transmitted or retained the NDI with the "specific intent" to violate the law (in general, not 793(d) or (e) in particular)?
Let's Go Seattle!
October 11, 2025 at 5:13 AM
Let's Go Seattle!
"Stalking Horse" Halligan & Animus Filed Trump = "Actual" Vindictive Prosecution of Comey (and, less likely, James)
October 10, 2025 at 10:30 PM
"Stalking Horse" Halligan & Animus Filed Trump = "Actual" Vindictive Prosecution of Comey (and, less likely, James)
October 10, 2025 at 6:14 PM
James is going to have a much tougher time than Comey in getting indictment dismissed based on vindictive prosecution because the Govt just recently learned of her alleged crimes but knew of Comey's alleged false statement since 2017.
October 10, 2025 at 12:10 AM
James is going to have a much tougher time than Comey in getting indictment dismissed based on vindictive prosecution because the Govt just recently learned of her alleged crimes but knew of Comey's alleged false statement since 2017.
However, the case for vindictive prosecution against Comey is much stronger than the case for VP of James because the Govt knew of Comey's alleged crimes since 2017 but just recently learned of James's alleged crimes. That factor is very important in determining if Govt rebutted presumption of VP.
October 9, 2025 at 11:35 PM
However, the case for vindictive prosecution against Comey is much stronger than the case for VP of James because the Govt knew of Comey's alleged crimes since 2017 but just recently learned of James's alleged crimes. That factor is very important in determining if Govt rebutted presumption of VP.