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Mitchell Epner

@mitchellepner.bsky.social

5930 followers 817 following 9408 posts

Attorney, former AUSA, father, husband, former JBLC, long-time Knicks fan and occasional talking head
mitchellepner.substack.com/
www.thedailybeast.com/author/mitchell-epner


Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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A complete joke. I’m proud that I saw my first Phish show in Hanover in the summer of 1989.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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We were lined up to open for Phish, but Trey met me and decided that our aggro-snark vibe just would not work for their crowd. They went with Spin Doctors instead.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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“Comey” = the last minute revelation of the Weiner laptop causing Comey to reopen the Clinton investigation.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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www.youtube.com/watch?v=bzG_...

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Crop dusting or literally sat on him?

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I am still bitter that Ms. Abedin refused to leave the Clinton campaign in the summer of 2016, when several Dem luminaries took her to lunch and made the ask. I literally saw it happen. If she leaves the campaign, it's likely the Weiner laptop revelation never happens & Trump never becomes POTUS.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Not to mention the wonderful smells once the platform temperature breaks 100 degrees.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I wish that I still felt comfortable linking to songs by Kanye.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I tried (but failed) to think of a kind word to describe a person who "falls in love" with an ambitious Congressman, ambitious actor/director, and a billionaire - all after becoming "surrogate daughter" to a POTUS candidate. As my grandmother taught me: marry for money and you earn it every day.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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That was my original reaction, until I realized that she was also arrested for DWI, open container and failure to yield to a lawful order.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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"The commission of a lawful act which might produce death . . . without due caution and circumspection" is the relevant language in the Alec Baldwin prosecution. It is lawful to point an unloaded gun at someone and pull the trigger, but did Baldwin show "due caution & circumspection" is so doing?

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Aimee Harris, the FL woman who plead guilty to attempting to sell the diary of Ashley Biden, was arrested again yesterday, 1 day before she was scheduled to start her 1 month federal sentence. Because she was held after arrest & is being transferred to BOP, her jail assignment will be much worse.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Which makes John Roberts . . . Archie. He's the guy who was supposed to be protecting the system but instead joins with the criminals to feed his personal ambition.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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In my version of A Fish Called Wanda.

Rep. Boebert (Otto): Dunk-worthy ignoramuses don't read Supreme Court decisions.

Rep. Goldman (Wanda): Yes they do, they just don't understand them.

youtube.com/clip/UgkxXzX...

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Here is the NM involuntary manslaughter statute: Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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There are 29 states & DC that have a minimum wage above the (woeful) federal minimum wage of $7.25: ME, VT, CT, RI, NY, NJ, WV, OH, MI, IL, MO, MN, AR, FL, DE, MD, CO, DC, NM, SD, NE, MT, WA, OR, NV, AZ, CA, AK & HI. Of these, 18 are under Dem control. These are the only states above $10/hour.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Yes, Democrats can. On marriage equality, President Biden in particular can.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I found the rule (Rule 9) in the link below. It provides no guidance on how the GOP would fill the vacancy if Trump dies, is incapacitated or withdraws.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I also hope that Dan is correct. If (huge IF) Biden steps aside, I hope that (a) a successor is quickly and unanimously selected, and (b) everyone gives complete effort to electing that person to avoid the return of Trump and the imposition of fascism. *No matter who* replaces Biden, I'm all in.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I'm a standard issue liberal, but from what I've seen: a. Biden's consensus-building hasn't led to many "we won" moments; b. Biden took "half a loaf" with Inflation Reduction Act when he couldn't get BBB through the Senate; & c. Many leftists are angry about Biden's diplomacy on Israel/Gaza.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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There is an old saying about the United State Senate: Every morning, when each US Senator looks in the mirror, they see a future President.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I deleted a post in the thread that might have been read as snarky, once I saw this retraction.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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As far as I can tell, there is no provision in the RNC Call of the Convention as to what happens if a Presidential candidate with a majority of the delegates dies, is disabled or withdraws before the Convention. Short answer: it will be chaos if Trump dies, is incapacitated or withdraws.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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And that is why I think the testimony of expert will be the most important part of the trial.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Dan, Thank you for admitting your original post was conjecture. You do not *know*, you infer from the logical inferences you make. That’s why the “process” issues that you deride are very much at play. Without a process to guarantee everyone lines up behind the anointed one, everyone has a veto.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Here is a place where I *know* you are wrong. Whatever would end up happening, I *know* from senior Democratic insiders that it is *far* from certain that the powers arrayed to get Biden to step aside would line up behind VP Harris. Unless you have spoken to Obama, etc, you’re wishcasting.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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It was an authentic antique gun, chosen for “period authenticity”.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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[sarcasm alert] Yes, the NY Times would likely be less effective at helping Donald Trump if they were actively helping him. Other news sources would be filled with anonymous quotes from “sources at the NYT” describing the “brave” fight being waged by reporters, staff & editors against the policy.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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3/3 . . . lamented the “failure of soft persuasion” by the court’s judges in negotiating a more civil retirement path for Newman.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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2/ . . . who’s worked on cases at the court. “It’s a problem Judge Newman resisted having any cognitive testing, and it’s also a problem that the Federal Circuit has flopped about from one justification to another for removing an Article III judge against her will,” said Epner, who . . .

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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1/ I’m quoted in the linked story in Bloomberg on the continuing litigation about the suspension of Judge Pauline Newman by the Federal Circuit. —————— “Nobody has covered themselves in glory here,” said Mitchell Epner, a civil and commercial litigator with Kudman Trachten Aloe Posner LLP . . .

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I think that tagging @jerilryan.bsky.social would have been appropriate, so I have gone and done it myself.

Thank you to Ms. Ryan for bringing a great character to life.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Song for the Day: Seville - Luiz Bonfa

youtube.com/watch?v=MSDl...

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Yes.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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The protocols were changed after the death in 1994 of actor Brandon Lee when a prop gun that was supposed to be loaded with blanks had a live round fired.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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The forensic gun report is one key aspect of the prosecution. If jurors do not believe, beyond a reasonable doubt, the expert’s opinion that Baldwin had to pull the trigger for the gun to fire, I believe that would lead to an acquittal. There are real issues with that report.

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Reposted by Mitchell Epner

Jessica Pishko's avatar Jessica Pishko @jesspish.bsky.social
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Tired: Project 2025 wants to bring back the Sabbath. Wired: Project 2025 will ban Sunday sportsball games and forget about getting beer.

113 replies 423 reposts 1331 likes


Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Here is the NM standard, which criminalizes “the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.”

He admitted he knew “pulling the trigger” =/= “due caution”.

law.justia.com/codes/new-me....

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Under appropriate gun safety, even though he was told the gun was loaded with blanks, Mr. Baldwin could either (a) point the gun at someone OR (b) pull the trigger. Doing both (a) & (b) would be criminal, if someone got hurt. Someone died. Mr. Baldwin's defense is, "I didn't pull the trigger".

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Yes, and that is the entirety of his defense now. The problem for Mr. Baldwin is that a ballistics expert will testify that it was physically impossible for that gun to fire the bullet unless he pulled the trigger. Had he not spoken out, it would've been very hard to prove he knew basic gun safety.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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I would agree that President Biden had the worst performance in televised *Presidential* debate history. On the same night, Trump had the second worst performance. But, the worst performance ever (for me) was Admiral Stockdale at the 1992 VP Debate.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Prince Rogers Nelson : Glyph :: Benjamin Dreyer : Language Guy Here

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Mr. Bailey has worked long & hard to earn his reputation in the New York legal community.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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Mr. Baldwin made two mistakes: 1. He failed to "treat every weapon as if it's loaded" - which likely led to the death of Halyna Hutchins; and 2. He admitted that he knew that it was unreasonably dangerous to pull the trigger of a gun pointed at someone - which likely led to his indictment.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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See below. He admitted to George Stephanopoulos that he knew that pointing a gun at someone and pulling the trigger was unreasonably dangerous, even if it was not loaded or had blanks. By making that statement, he turned it into a one-question trial: Did he pull the trigger?

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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8/8 All of which leads back to my most important advice as a criminal defense lawyer: Shut Up! You can never makes things better by talking to the press during a criminal investigation, but you can make things much worse.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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7/ The prosecution will offer an expert witness who will testify that it was “impossible” for the gun to fire unless Mr. Baldwin pulled the trigger.

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Mitchell Epner's avatar Mitchell Epner @mitchellepner.bsky.social
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6/ By this statement, Mr. Baldwin turned the case into a one-element trial: Did he pull the trigger? He admits that he knew it was unreasonably dangerous to pull the trigger of a gun pointed at a person, which meets all of the elements of involuntary manslaughter under NM law.

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