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Elizabeth Joh

@elizabethjoh.bsky.social

15K followers 610 following 870 posts

Law Prof at UC Davis Law; co-host of the 99pi Breakdown of the Constitution https://99percentinvisible.org/book-club/

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Elizabeth Joh @elizabethjoh.bsky.social · 12d

And we’re back with the @99pi.org Constitution Breakdown! @romanmars.bsky.social & I talked with Rep. Sharice Davids, plus-what do smut and tariffs have in common? Listen & tell your friends!
podcasts.apple.com/us/podcast/9...

Constitution Breakdown #2: Rep. Sharice Davids

Podcast Episode · 99% Invisible · 09/27/2025 · Bonus · 1h 17m

podcasts.apple.com

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Adam Serwer @adamserwer.bsky.social · 11h

www.wweek.com/culture/2025...

Can you put into words what that purpose is? You and the frog have really become icons of this protest.

There’s been a nice overall whimsy that has shown up. The frog is amazing. We had a bunch of other inflatable people here last night, too. I saw people playing Twister the other day.

What they rely on is fear. So by coming out in an absurdist manner, it speaks to them, to some extent, that we’re actually not that afraid.

It also dismantles their narrative a little bit. When they try to describe this situation as “war-torn,” it becomes much harder to take them seriously when they have to post a video saying [U.S. Secretary of Homeland Security] Kristi Noem is up on the balcony staring over the Antifa Army and it’s, like, eight journalists and five protesters and one of them is in a chicken suit.

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Anna Bower @annabower.bsky.social · 12h

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

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Popehat Agitates And Irritates @kenwhite.bsky.social · 14h

I’ve never seen anything remotely this petty charged as bank fraud.

Joshua J. Friedman @joshuajfriedman.com · 14h

NEW: Here's the two-count indictment against NY AG Letitia James. storage.courtlistener.com/recap/gov.us...

INDICTMENT
October 2025 Term - at Alexandria, Virginia
THE GRAND JURY CHARGES THAT:
GENERAL ALLEGATIONS
At all times relevant to this Indictment:
1. Letitia A. James ("JAMES) was a resident of Brooklyn, New York, and the borrower on a
Fannie Mae-backed mortgage loan for the property located at 3121 Peronne Avenue,
Norfolk, Virginia.
2. OVM Financial (also known as Old Virginia Mortgage / AnnieMac) was a mortgage lending business located in Virginia Beach, Virginia, engaged in the business of originating and underwriting residential mortgage loans, including those backed by the Federal National Mortgage Association ("Fannie Mae"). OVM Financial qualified as a "financial institution" within the meaning of 18 U.S.C. § 20(10).
3. Fannie Mae was a federally chartered corporation that purchased and guaranteed mortgages,
operating as a government-sponsored enterprise under the oversight of the Federal Housing

Finance Agency ("FHFA").
4. First Savings Bank was a state-chartered, FDIC-insured financial institution (Certificate
#29961), headquartered in Jeffersonville, Indiana, which acquired mortgage loans through assignment or acquisition. First Savings Bank qualified as a "financial institution" within the meaning of 18 U.S.C. § 20(1).
5. On or about August 17, 2020, JAMES, as sole borrower, purchased the three (3) bedroom,
(1) bathroom property located at 3121 Peronne Avenue, Norfolk, Virginia 23509 (the
"Peronne Property"), for approximately $137,000, financed with a mortgage loan of approximately $109,600 (Loan #4430025978) backed by Fannie Mae.
6. The loan was originated by OVM Financial under a signed Second Home Rider, which required JAMES, as the sole borrower to occupy and use the property as her secondary residence, and prohibited its use as a timesharing or other shared ownership arrangement or agreement that requires her either to rent the property or give any other person any control over the occupancy or use of the property.
7. Despite these representations, the Peronne Property was not occupied or used by JAMES as a secondary residence and was instead used as a rental investment property, renting the property to a family of (3).
8. This misrepresentation allowed JAMES to obtain favorable loan terms not available for investment properties, including a note rate of 3.000% (avoiding a 0.815% higher
comparable investment property rate of 3.815%, resulting in approximately $17,837 in rate savings over the life of the loan), a seller credit of approximately $3,288 (exceeding the seller credit for investment properties by approximately $1,096), for total ill-gotten gains of approximately $18,933 over the life of the loan.
9. JAMES' Universal Property application for homeowners' insurance indicated "owner-

occupied non-seasonal use," further misrepresenting the intended use of the property.
10. JAMES filed Schedule E tax forms), under penalties of perjury, treating the Perrone Property as rental real estate, reporting fair rental days, zero personal use days, thousand(s)
of dollars in rents received, and claiming deductions for expenses relating to the property, further contradicting the second home classification.
11. The loan was acquired by or assigned to First Savings Bank by March 2021, exposing it to risks associated with the misrepresented loan.
12. The acts described herein occurred within the Eastern District of Virginia.
COUNT ONE
(Bank Fraud - 18 U.S.C. § 1344)
13. The allegations in paragraphs 1 through 12 are re-alleged and incorporated herein.
14. From on or about August 7, 2020, through at least January 2024, in the Eastern District of Virginia and elsewhere, the Defendant, LETITIA A. JAMES, did knowingly execute and attempt to execute a scheme and artifice to defraud OVM Financial and First Savings Bank,
financial institutions, and to obtain moneys, funds, and credits owned by and under the custody and control of OVM Financial and First Savings Bank by means of false and fraudulent pretenses, representations, and promises.
15. The scheme involved falsely representing the Peronne Property as a secondary residence to obtain favorable mortgage terms, while using it as an investment property with no intended
or actual personal occupancy or use by her.
(In violation of Title 18, United States Code, Section 1344).
COUNT TWO
(False Statements to a Financial Institution - 18 U.S.C. § 1014)
16. The allegations in paragraphs 1 through 12 are re-alleged and incorporated herein.

17. From on or about July 28, 2020, through at least August 31, 2020, in the Eastern District of Virginia and elsewhere, the Defendant, LETITIA A. JAMES, did knowingly make and cause to be made false statements and reports for the purpose of influencing the action of OVM Financial, a Fannie Mae-backed lender, upon an application for a loan, in that JAMES represented and affirmed in uniform residential loan applications and related documents that
the Peronne Property would be used as a secondary residence, when in truth and fact, as JAMES then knew, the property was intended and used as an investment property with no intended or actual personal occupancy or use by her.
(In violation of Title 18, United States Code, Section 1014).
FORFEITURE NOTICE
Pursuant to Federal Rule of Criminal Procedure 32.2(a) and Title 18, U.S.C. §
982(a)(2)(A), upon conviction of the offenses in Counts One and Two, the Defendant, Letitia
A. James, shall forfeit to the United States any property constituting, or derived from, proceeds obtained, directly or indirectly, as a result of such violations, including but not limited to a money judgment in the amount of $18,933.
If any of the property described above, as a result of any act or omission of the Defendant: (a) cannot be located upon the exercise of due diligence; (b) has been transferred or sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction of the court; (d) has been substantially diminished in value; or (e) has been commingled with other property which cannot be divided without difficulty, the United States shall be entitled to a forfeiture of substitute property pursuant to Title 21, U.S.C. § 853(b), as incorporated by Title
18 U.S.C. § 982(b)(1).
(In accordance with Title 18 U.S.C. § 981(a)(1)(C) and 982(a)(1); Title 28, U.S.C. § 2461(c); and Title 21 U.S.C. § 853(p).)

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Joshua J. Friedman @joshuajfriedman.com · 16h

"The average listener is not under the impression that a diss track is the product of a thoughtful or disinterested investigation, conveying to the public factchecked verifiable content."

The forum here is a music recording, in particular a rap “diss track,” with accompanying video and album art. Diss tracks are much more akin to forums like YouTube and X, which “encourag[e] a freewheeling, anything-goes writing style,” than journalistic reporting. Sandals Resorts, 86 A.D.3d at 43 (quotation marks omitted). The average listener is not under the impression that a diss track is the product of a thoughtful or disinterested investigation, conveying to the public factchecked verifiable content.

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Josh Marshall @joshtpm.bsky.social · 15h

There are certain hypotheticals you simply never get to test out. This seems to be an exception. How will a judge and later a jury treat an indictment if you had to fire multiple prosecutors before you could find someone to bring an indictment. I guess we'll find out! www.cnn.com/2025/10/09/p...

Letitia James, the New York attorney general who defeated Trump in court, indicted by Justice Department | CNN Politics

New York Attorney General Letitia James was indicted in federal court on Thursday as President Donald Trump’s Justice Department continues to pursue charges against his political opponents, two source...

www.cnn.com

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Lawrence Solum @lsolum.bsky.social · 21h

Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.

Legal Theory Blog

Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!

legaltheoryblog.com

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Joshua J. Friedman @joshuajfriedman.com · 20h

HAPPENING NOW: A Ninth Circuit panel hears arguments on whether the Trump admin can deploy federalized National Guard troops to Portland, Oregon.

The panel: Susan P. Graber (Clinton), Ryan D. Nelson (Trump), Bridget S. Bade (Trump)

San Francisco Courtroom 2 9:00 AM Thursday 10/9

YouTube video by United States Court of Appeals for the Ninth Circuit

www.youtube.com

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Zoe Tillman @zoetillman.bsky.social · 21h

"The court is required to continue its constitutional functions"

US judges so far have rejected the Justice Department’s requests to delay more than a dozen legal challenges to Trump administration policies as the government shutdown enters its second week:
www.bloomberg.com/news/article...

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Josh Marshall @joshtpm.bsky.social · 21h

invocation of the insurrection act will be the key moment for everyone. the white house, any state where it's invoked, especially the supreme court. all public officials are ultimately responsible for acting in line with the constitution. a false invocation of the insurrection act, itself a ...

Radley Balko @radleybalko.bsky.social · 23h

Nothing remotely resembling an insurrection is happening anywhere in the country. Any violence associated with protest has been isolated, mild, and, in nearly every case, instigated by federal law enforcement. If we let Trump get away with calling dissent an insurrection, our republic is over.

BREAKING: Trump Admin 'Seriously' Considering Using the Insurrection Act, Reports NBC

President Trump is "seriously" considering invoking the Insurrection Act in order to more easily deploy National Guard troops to major cities as part of crime crackdown, NBC reported on Wednesday

www.mediaite.com

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George Conway 👊🇺🇸🔥 @gtconway.bsky.social · 1d

So yesterday a reporter asked Donald Trump about the writ of habeas corpus, and he had no idea what it was.

"I don't know," he said. "I'd rather leave that to Kristi."

Well, It turns out Sen. Hassan asked Kristi Noem about it in May, and this was Noem's response:

Aaron Rupar @atrupar.com · May 20

HASSAN: What is habeas corpus?

NOEM: Habeas corpus is a constitutional right that the president has to be able to remove people from this country

HASSAN: That's incorrect

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Eric Columbus @ericcolumbus.bsky.social · 1d

Quite a headline
www.nbcnews.com/politics/don...

Trump to get a 'routine yearly' medical check-up — his second in 6 months

The White House said Trump would be at Walter Reed Medical Center and undergo a checkup after a planned meeting with service members in the facility.

www.nbcnews.com

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Brad Heath @bradheath.bsky.social · 1d

WSJ: President Trump believed his Truth Social post demanding prosecutions of James Comey and other political foes was a private message to his attorney general, and "and was surprised to learn it was public."

www.wsj.com/politics/pol...

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Carl Quintanilla @carlquintanilla.bsky.social · 1d

Good lord.

@apnews.com

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Daniel Miller @danielnmiller.bsky.social · 1d

Goodbye cafeteria corn dogs? Goodbye pepperoni pizza? Gov. Newsom has signed a law that will ban some ultra-processed foods in California schools starting in 2035. In a first, the law also defines what exactly an ultra-processed food is. Our deep dive: www.latimes.com/california/s...

Goodbye pepperoni pizza? New state law to ban some ultra-processed foods from school meals

A new California law will define, for the first time, ultra-processed foods — and ban ones "of concern" in K-12 schools in the state starting in 2032.

www.latimes.com

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Kashmir Hill @kashhill.bsky.social · 1d

What strikes me about this is how much more clearly incriminating chats with ChatGPT are going to be than Google searches in criminal investigations

niki grayson @nikigrayson.com · 1d

the city of los angeles burned in january in part because of a man who couldn’t stop generating images of burning cities on ChatGPT, and then after he lit the fire he asked if the fire he started was his fault

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Michael Derby @michaelsderby.bsky.social · 1d

Government shutdown leading to mass furlough of IRS tax workers. Via Guardian

IRS to furlough nearly half its workforce due to government shutdown — Guardian US

Furlough, which begins 8 October, furloughs roughly 34,000 people and leaves only 39,870, or 53.6%

apple.news

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Elizabeth Joh @elizabethjoh.bsky.social · 1d

🚨A quarter of all FBI agents have been assigned to immigration enforcement www.washingtonpost.com/national-sec...

A quarter of FBI agents are assigned to immigration enforcement, per FBI data

Nearly a quarter of FBI agents are currently assigned to immigration enforcement, with the number climbing above 40 percent in the bureau’s largest field offices.

www.washingtonpost.com

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Chris Sprigman @cjsprigman.bsky.social · 1d

Sent to me by a friend.

A decal that reads “professional cyber bully of the Supreme Court justices.”

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Hypervisible @hypervisible.blacksky.app · 1d

“One of the negative consequences AI is having on students is that it is hurting their ability to develop meaningful relationships with teachers, the report finds. Half of the students agree that using AI in class makes them feel less connected to their teachers.”

Rising Use of AI in Schools Comes With Big Downsides for Students

A report by the Center for Democracy and Technology looks at teachers' and students' experiences with the technology.

www.edweek.org

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David Dayen @ddayen.bsky.social · 1d

So this is funny.
The administration just issued a rule slashing foreign agricultural worker wages. And to justify it, in a public filing, Trump's Labor Department alleges that Trump's immigration enforcement has devastated the Ag workforce and caused a "risk of supply shock-induced food shortages."

Trump Labor Department Says His Immigration Raids Are Causing a Food Crisis

In a filing in the Federal Register, the Labor Department argues there are “immediate dangers to the American food supply” due to a lack of migrant agricultural workers.

prospect.org

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Michael Derby @michaelsderby.bsky.social · 2d

Trump comes for the student loan industry: “Selling federal student loan debt raises significant logistical and legal concerns, adding new uncertainty for borrowers.” Via Politico

Trump administration considers sale of federal student loan debt

The discussions have taken place among senior Education Department and Treasury Department officials.

www.politico.com

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Elizabeth Joh @elizabethjoh.bsky.social · 2d

Congress, you up? Oh wait

George Pearkes @peark.es · 2d

Well that's not how appropriations work at all

*WHITE HOUSE TO TRANSFER TARIFF REVENUE TO FUND WIC: LEAVITT

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Laura Lopez @ohdearz.bsky.social · 2d

Valuable info about the Physics Nobel Prize today from Prof. Joseph Barranco at SFSU on Martinis and Devoret being a grad student and postdoc in Clarke's lab at UC Berkeley & Clark and Devoret being immigrants. "California *public* education made this happen. Immigration made this happen." ⚛️

Joseph Barranco posted on social media: Go Bears! Nobel Prize in Physics goes to 3 physicists studying mesoscopic quantum phenomena... Work was done in the 1980s in UC Berkeley Professor John Clarke's lab with his graduate student John Martinis and postdoctoral fellow Michel Devoret... all 3 share the Nobel Prize. Must also point out that both Clarke and Devoret are immigrants from the UK and France, respectively. All 3 are pioneers in the race to build the most powerful quantum supercomputers. California *public* education made this happen. Immigration made this happen.

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Nick Sturm @nicksturm.bsky.social · 2d

This is a huge collapse in the book distribution business, especially following the closure of Small Press Distribution last year. Baker & Taylor--originally established in 1828--has been central to the library market for decades.

Maris Kreizman @maris.bsky.social · 2d

seems very bad www.publishersweekly.com/pw/by-topic/...

Baker & Taylor Prepares Plan to Shut Down

At a town hall yesterday, B&T owner and CEO Aman Kochar announced that following the termination of the ReaderLink acquisition deal, he does not see a path to keep the library wholesaler in business.

www.publishersweekly.com

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Steve Herman @newsguy.bsky.social · 2d

President Trump, answering reporters' questions in the Oval Office, says he'll announce in four or five days how many federal workers will be fired amid the government shutdown but "it'll be substantial and a lot of those jobs will never come back."

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