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  1. I spent over an hour this morning arguing a motion for summary judgement in a NJ Superior Court defamation case. The issue of whether or not intent matters actually came up in the arguments. Defense's position was that what matters is whether you're stating a purported statement of fact or an opinion. And if you're stating an opinion it doesn't matter what your intent was; opinions can't be defamatory. Only (false) statements of fact can be defamatory. My position was the distinction isn't fact vs. opinion. Its fact vs. reasonable opinion. A defendant doesn't actually need to know what they're saying is false to commit defamation; they only need to speak with unreasonable disregard for truth or falsity that could be ascertained by a reasonable person. So intent is relevant insofar as it relates to care for truth or falsity, and the reasonableness or unreasonableness of the purported opinion. ___ We'll know in about 1 or 2 weeks when the judge issues an opinion whether I was right or not.
  2. ...He's the only president ever to be twice-impeached ...He's the only president to attain office by a 3 million vote deficit in the popular vote and then never once in his entire presidency hit a majority approval rating ...He's the only president ever to declare himself the winner of an election that he lost and then attempt to block the lawful transition of power to his successor ___ Second-place-runner-up is still an open contest between some of the other baddies. But all-time-worst is Trump by a mile
  3. Of course we do. The question is do we have the intent to govern the way they governed when they had the Presidency and both Houses of Congress. (i.e. "We won. You Lost. Elections have consequences--deal with it")
  4. I don’t know if there’s anything to it or if it’s just a dumb Internet rumor But I keep hearing people say he’s going to pardon Joe Exotic
  5. I’m working on a defamation case right now and these things are damn near impossible for plaintiffs to win in all but the most egregious cases. It’s a tough one
  6. The spectacle of the attack on the capital and the sheer brass balls of the attempted power grab have backfired so hard on republicans, it’s giving progressives some breathing room they didn’t have before to just go for the jugular. ...like... I think full legal status + voting rights for the ~11 million immigrants without legal status currently in the country might actually be a thing we can do in the next 2 years now. There's enough energy on the Democratic side behind "ohhhhhhhh? The Republicans say this is an assault on law-and-order and a bad-faith attempt to pack the electorate with Democrat voters? Cool. Cool. They just tried to declare themselves the winners of an election that they lost and stop the lawful transition of power to the next President of the United States--fuck em."
  7. I’m enjoying watching them have mental breakdowns a bit too much. not gonna lie
  8. Imagine for a moment that you’ve spent the past 4 years on alt-right message boards, getting your mind and ego obliterated to the point that you actually believe all that Donald Trump says and does is part of some 4-dimensional chess grand master plan you’d have to be a genius to understand. You board a plane to Washington in the middle of a pandemic to “stop the steal.” You listen to Donald Trump whine about Oprah and Mike Pence at a rally, then march up to Congress at his prompting to smash sh*t and wander around aimlessly. You go home to hear that Biden won anyway. All your favorite ((news)) sites with names like “Patriot News of the West” and Roman Statue avatars have your picture up. And everyone there is calling you a gay communist antifa actor. The God-Emperor you pasted into Warhammer memes is now cucking himself going: “I’m sorry! It was a heinous act! Please, let me tweet again!” You can’t go to the airport and catch a plane home, because the FBI has your picture and is looking for you. It’s been 3 days. You’re holed up in a roadside motel with a 38 year old man you met on 4Chan named “Kekeistan_9139.” You’re pretty sure he’s high on something, but you don’t know what. — Day 4. The sun is going down, and you’re getting cold. You’re beginning to think MAYBE Donald Trump isn’t as smart as you thought he was.
  9. If any conservatives are struggling with the idea of Trump being banned from social media: Just think of twitter as a bakery and Donald Trump as a gay wedding cake
  10. Back when I first met Mike Tracey in late 2007/Early 2008, he was the first prominent student democrat on campus to break away from Team Hillary and endorse Barack Obama for the 2008 democratic primary. Just to give you an idea of what his politics were before he started cultivating his social media persona. What happened to him??? Well he always was obsessed with becoming a big-name pundit and trying to make a name for himself and was willing to do—very dishonest, very shady things to get his name in the papers or his face on TV. ...general concensus among people who knew him before he “made it”... He realized the quickest way to get famous was to start making low-effort alt-right shitposts and become a professional provocateur. And he just sorta—sold out.
  11. ...Mike fucking Tracey... I went to college with Mike Tracey. We were actually friends for a while—we were in the same political science classes and hung out with the same crowd. Debated him. Partied with him. Worked on some projects with him. Bought weed from him a few times. I could tell you stories about what a complete piece of shit he turned out to be. Why no one else from TCNJ still talks to him. And why you should never listen to a word he says. (what do you wanna hear first? The story about the time he got arrested at the Anne Coulter rally? The story about the time he got arrested at the frat house? The story about the time he faked a police brutality incident and almost started a campus riot? The story about the time he recorded our private conversations without telling me just to get a juicy tabloid for the school paper?) — Mike Tracey is every single negative stereotype you can imagine of the snooty rich white liberal pseudo-intellectual hipster who thinks hes god’s gift to the world because he went to a gay rights protest one time. But just walks around acting like an entitled asshole.
  12. Briefly listened to Hannity yesterday just to see how right wing media was covering the riots. After everything they’ve spent the past year saying about BLM, the talking points are now: 1) It’s important to remember the reason why people are angry and not fixate on the violence. 2) Most of the protesters werent violent. And the ones that were shouldn’t be seen as representative of the protest or the people who showed up to be heard. 3) There’s always going to be troublemakers and professional agitators who show up just to cause violence at these kinds of things. They probably weren’t even really affiliated with the protest. 4) Of course we don’t condone violence. BUT. It feels like we’ve been having a one-way conversation and nothings happening. Law-enforcement isn’t listening to us. Lawmakers aren’t listening to us. The courts aren’t listening to us. It’s understandable that people are going to be this angry and feel like this is what they need to do because there’s no other way. 5) Of course we don’t condone violence. BUT. Lawmakers need to understand that this is what happens when people are angry and feel like their serious issues are being ignored. This should be a call to action. 6) Of course we don’t condone violence. BUT. Isn’t it great now that more people are paying attention to our issue and talking about what should be done about it? Do you think that would’ve happened if everybody just assembled peacefully? _______ Sooooooooo--Literally everything we were trying to tell them and they were pretending like was incomprehensible to them during BLM None of that flies when people in the streets are protesting against cops having broad, unchecked authority to beat and kill anyone they detain and call it Lawful use of Force. But it OK when they're mad they lost an election. Ladies and Gentleman: White Privilege
  13. My dad is a Trump supporter and I have had--many, many heated conversations with him about it in recent months. ...I'll say this about it... Being a Trump Supporter doesn't automatically mean you support every fascist thing he's done and said. But being a Trump Supporter means none of those things were dealbreakers for you.
  14. Vibe I'm getting going through the response of Republican lawmakers stuck in the middle of this is that after today, there's going to be ALOT less opposition to bringing criminal charges against Trump once hes out of office than there would have been before
  15. Obligatory reminder that this was the police response when the MAGAs charged a barricade and bullrushed their ways into the halls of Congress. And this was the police response when BLM protestors came within--like a city block of maybe possibly doing that: Ladies and Gentleman: White Privilege.
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