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@alegalnerd.bsky.social

510 followers 640 following 1.7K posts

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.

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alegalnerd.bsky.social @alegalnerd.bsky.social · 1d

"Stalking Horse" Halligan & Animus Filed Trump = "Actual" Vindictive Prosecution of Comey (and, less likely, James)

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alegalnerd.bsky.social @alegalnerd.bsky.social · 12h

alegalnerd.bsky.social @alegalnerd.bsky.social · 13h

2. Trump hates Comey (or James); he ordered Halligan to indict C (or J); and, but for that hatred, C (or J) wouldn't have been indicted, that would seem to overlap with a OGC/FF/DP claim. The Govt can't charge someone with a crime simply based on hatred of that person.

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alegalnerd.bsky.social @alegalnerd.bsky.social · 13h

1. Must establish that the Govt's (here Trump/Halligan) conduct was so outrageous that it would be "fundamentally unfair" to allow Trump/Halligan to seek to deprive James (or Comey) of the "liberty" guaranteed by Due Process. To the extent that a VP claim is going to be based on an argument that

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alegalnerd.bsky.social @alegalnerd.bsky.social · 14h

Please let me know if you have any questions about (or disagreement with) any aspect of my opinion. And, remember, it's only my opinion based on my understanding of the law and the facts.

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alegalnerd.bsky.social @alegalnerd.bsky.social · 14h

@lawyeroyer.com
How, if at all, can the conduct of the creeps be used by James in obtaining dismissal of the indictment based on vindictive or selective prosecution or some other ground. It is one thing to point out their despicable conduct. But if there's no remedy for James ... ?

alegalnerd.bsky.social @alegalnerd.bsky.social · 14h

5. Bottom Line: IMO, the timing of when Trump was on notice of Comey & James's alleged crimes will likely play an important part in the analysis of each of their motions to dismiss based on VP.

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alegalnerd.bsky.social @alegalnerd.bsky.social · 14h

4. evidence of animus by Trump against James (because James exercised her right as NYAG to charge Trump Org.) & establishing that, but for that animus, James wouldn't have been charged (with the alleged crimes that, as I said, were recently discovered by Trump).

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alegalnerd.bsky.social @alegalnerd.bsky.social · 14h

3. James, in addition to trying to prove a "realistic likelihood" of vindictiveness (which would give rise to a rebuttable presumption of VP [that Trump would try to rebut by showing that he recently learned of James's alleged crimes]), can try to establish "actual" VP. That would require direct

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alegalnerd.bsky.social @alegalnerd.bsky.social · 14h

2. James exercised her right as NYAG to charge Trump Org. years ago. But Trump didn't charge James until he, recently, discovered her alleged fraud. So, it will be more difficult for James (vs. Comey) to establish a "realistic likelihood" of vindictiveness by Trump.

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alegalnerd.bsky.social @alegalnerd.bsky.social · 14h

1. All your points are well-taken. The weakness of her vindictive prosecution claim (vs. Comey's), IMO, is that her alleged crimes were recently discovered by Trump whereas Comey's have been know since 2017. Timing is an important factor in VP analysis. Timing alone, however, can't establish VP.

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alegalnerd.bsky.social @alegalnerd.bsky.social · 1d

Let's Go Seattle!

alegalnerd.bsky.social @alegalnerd.bsky.social · 1d

@joycewhitevance.bsky.social is also mistaken when she says that Halligan had a legal duty to present exculpatory evidence to the grand jury. (See SCOTUS opinion in Williams.)

alegalnerd.bsky.social @alegalnerd.bsky.social · 1d

@joycevance.bsky.social & @preetbharara.bsky.social
Joyce is mistaken when she suggests that if Trump directed Halligan to prosecute Comey & James because he hated them, but Halligan, herself, didn't hate them, a vindictive prosecution claim would likely fail. See my pinned post.

Joyce White Vance @joycewhitevance.bsky.social · 1d

What you need to know about the Tish James indictment, with @preetbharara.bsky.social and me: open.substack.com/pub/joycevan...

What You Need To Know About The Tish James Indictment

A recording from Joyce Vance and Preet Bharara's live video

open.substack.com

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alegalnerd.bsky.social @alegalnerd.bsky.social · 1d

"Stalking Horse" Halligan & Animus Filed Trump = "Actual" Vindictive Prosecution of Comey (and, less likely, James)

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alegalnerd.bsky.social @alegalnerd.bsky.social · 1d

@annabower.bsky.social
Consider the source.
Don't waste your time with this maggot.

alegalnerd.bsky.social @alegalnerd.bsky.social · 1d

I have always believed that Bragg & James's desire to "get Trump" would one day backfire. I have previously stated that those cases, especially the Bragg prosecution, likely resulted in Trump winning a second term. Moreover, when all is said and done, the verdicts are likely to be thrown out.

alegalnerd.bsky.social @alegalnerd.bsky.social · 1d

Hasn't the time arrived for requiring federal prosecutors to present exculpatory evidence to a grand jury. Yes, the GJ only has to find probable cause, like a judge issuing a warrant. But cops requesting a warrant must alert the judge to facts that undermine a finding of PC.

Quinta Jurecic @qjurecic.bsky.social · 1d

for a closer look at the james indictment, read @mollyroberts.bsky.social www.lawfaremedia.org/article/the-...

The Justice Department’s Dangerously Weak Case Against Letitia James

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alegalnerd.bsky.social @alegalnerd.bsky.social · 2d

Here's the problem IMO: Dems targeting GOP. And GOP targeting Dems. As Billy Joel asked: Who started the fire? Regardless, if this country and the rule of law is to survive it must stop. It likely won't. And the result of the continuing fire will burn down the entire house.

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alegalnerd.bsky.social @alegalnerd.bsky.social · 2d

Do you have any problem with a Democrat (GOP) running for office in a Democrat (GOP) state promising to nail a GOP (Democrat) POTUS if she wins?

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alegalnerd.bsky.social @alegalnerd.bsky.social · 2d

James ran as Democrat in a Democrat state promising to get Republican POTUS Trump. You don't see any problem with her targeting Trump while running for election?

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alegalnerd.bsky.social @alegalnerd.bsky.social · 2d

Bragg & James found their target and then rummaged through the law to find a fit. Trump, no doubt, is trying to avenge their conduct by doing the same: Stretching the law to punish those who he believes did the same to him. Sick back-and-forth that's destroying the rule of law.

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alegalnerd.bsky.social @alegalnerd.bsky.social · 2d

I don't believe fn.3 helps the Govt avoid complying with discovery in a case involving a presumption of a constitutional violation such as vindictive prosecution. Either comply or face the dismissal of the indictment for failure to rebut the presumption. Govt's remedy: Immediate appeal of dismissal.

alegalnerd.bsky.social @alegalnerd.bsky.social · 2d

Actually, sounds like what James did to Trump Org., no?

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alegalnerd.bsky.social @alegalnerd.bsky.social · 2d

@sean-hecker.bsky.social's brief is rock solid. I expect the judge to agree with Sean's arguments. And, after overruling asserted privileges, grants dismissal of indictment because Govt didn't rebut presumption of vindictiveness. Govt interlocutory appeal.

Anna Bower @annabower.bsky.social · 2d

Important discovery fight taking shape in Kilmar Abrego Garcia's criminal case.

The question: Can the government assert privilege to avoid handing over documents that may be relevant to a defendant's vindictive prosecution claim?

Abrego's counsel says no.

www.documentcloud.org/documents/26...

www.documentcloud.org

alegalnerd.bsky.social @alegalnerd.bsky.social · 2d

At all. What's your opinion?