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Gabriel Malor@gabrielmalor.bsky.social |
2664 followers 105 following 2341 posts
Oklahoman in Virginia. Attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. gabriel.malor@gmail.com
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Gabriel Malor
@gabrielmalor.bsky.social
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I wish I had said something in June when we took our cruise. I made a similar move. Didn't flat turn it off, but turned the temperature up to 90. Took two days to bring it down when we got back.
1 replies 0 reposts 0 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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I know many journalists at these papers, and I disagree with this childlike dismissal of their work. You sound like Trump.
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Gabriel Malor
@gabrielmalor.bsky.social
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The Biden spox statement "We can either worry or we can work, and this team is doing the work that wins elections," sounds like a lot of wishful thinking. Clearly people are quite worried. Enough that they're not focused on campaigning.
1 replies 0 reposts 1 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Well, that doesn't sound good for Biden. Lots of named and unnamed folks in this one.
www.washingtonpost.com/politics/202...
3 replies 3 reposts 5 likes
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Walter Olson
@walterolson.bsky.social
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A reminder that whatever the merits either way of the SAVE Act, which passed the House today on mostly partisan lines, the best evidence is that that there's no good reason to think illegal non-citizen voting has changed the outcome of any federal race in the past generation. Links follow. /1
1 replies 13 reposts 52 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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It would never have occurred to me to put corn in carbonara, but this looks so good.
www.thekitchn.com/corn-carbona...
3 replies 0 reposts 12 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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The officer, Ryan Garcia, was shot. (The dog, named, uh, Bane, was also killed.)
1 replies 0 reposts 2 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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9th Cir. holds there was no clearly established law that police officers could not return fire at a driver shooting at them after a high-speed chase when he had a passenger in the car. (Passenger was shot, and sued.)
QI for officers.
cdn.ca9.uscourts.gov/datastore/op...
1 replies 0 reposts 3 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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7th Cir. rejects a Title VII racial discrimination in employment claim from white employee who was fired after refusing to take company-wide mandatory unconscious bias training, holding that he could not have reasonably believed the training was unlawful.
media.ca7.uscourts.gov/cgi-bin/Opin...
0 replies 0 reposts 5 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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get in losers we're going losing
1 replies 0 reposts 3 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Holy shit, I can see why people are unsubscribing.
1 replies 1 reposts 9 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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"Only eight patients, mostly ICU patients that were expected to die" is not a sequence of words that should be used. First of all, "mostly" huh? And second of all "expected to die?" Hi. My father was in the ICU for 15 days, seven of them on a ventilator. He was not expected to survive, but he did.
2 replies 1 reposts 9 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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JFC, I am not a wiki editor, but holy shit someone needs to rewrite this entry.
(I'm wiki-diving this evening.)
en.wikipedia.org/wiki/Charity...
1 replies 4 reposts 8 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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We are now approaching that dreaded question I put to the DH on days that I don't cook: "what do you want to do for dinner?"
0 replies 0 reposts 12 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Fed. judge holds that civil case can proceed against Minneapolis police officer who shot and killed Amir Locke during an early-morning, no-knock police raid because Locke rose from his sleep with a lawfully-owned gun in his hand.
No QI.
drive.google.com/file/d/1ODF3...
(Cleaned up skeet.)
1 replies 1 reposts 20 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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I like this from Jugde Graves in partial dissent: "They fail because even if the officer did violently attack them, he did not beat them with his nightstick, or beat them with his flashlight, or beat them while they were intoxicated, or choke them, or shoot at them while they were driving a car."
4 replies 19 reposts 104 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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5th Cir., 2-1, holds that George Floyd protesters that were "subdued" by PepperBall rounds did not sufficiently plead that City of Dallas should have known about the officer's propensity for violence bc his 19 prior incidents were not sufficiently similar.
www.ca5.uscourts.gov/opinions/pub...
16 replies 97 reposts 255 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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(REP is shorthand for "reasonable expectation of privacy." Also I firmly believe that Carpenter was wrongly decided. You can't walk around with a transmitter blaring your information to the world and then force the gov't to pretend you reasonably thought it was private.")
0 replies 0 reposts 2 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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4th Cir., 2-1, holds that the gov't did not conduct a search for Fourth Amendment purposes when it obtained geofence data from Google for a two hour span around a bank that got robbed.
Held: no REP bc user has to affirmatively opt-in to Location History feature.
www.ca4.uscourts.gov/opinions/224...
2 replies 0 reposts 4 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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I'm starting to see why the Sentencing Commission just threw its hands up and said to just treat all videos as 75 images for sentencing calculations. Hashtag easy button.
0 replies 0 reposts 5 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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This is something the gov't will have to prove up before sentencing, I suppose, but I somehow doubt that much CSAM is filmed at MPA-standard FPS.
1 replies 0 reposts 0 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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I guess what I'm having trouble wrapping my head around since pretty much everything is "filmed" digitally these days, there are no physical "frames" anymore.
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Gabriel Malor
@gabrielmalor.bsky.social
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I don't really know much about video and how it's technically made, but is it true that all video, including CSAM, is 24 FPS? That doesn't seem right, but maybe this is just a fact?
4 replies 0 reposts 3 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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6th Cir. says no deference is owed to the Sentencing Guidelines Commentary's rule that all CSAM videos should be considered to be 75 images, uses Motion Picture Association's 24 FPS for *cinema* to recalculate the number of images, and thus the sentence.
www2.ca3.uscourts.gov/opinarch/232...
1 replies 1 reposts 6 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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DC Cir. revives a federal election law complaint against a pro-Clinton org that allegedly failed to disclose $6 million in expenses in coordination with her 2016 campaign by characterizing staff salaries, travel, and rent as "communications over the internet."
www.cadc.uscourts.gov/internet/opi...
0 replies 0 reposts 2 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Is it okay if I spend some time reading/posting about vampires? (Picked up a new-to-me Barbara Hambly series.)
1 replies 0 reposts 2 likes
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Nate Raymond
@nateraymond.bsky.social
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New: The 5th Circuit's chief judge has concluded that Judge Lynn Hughes in Texas engaged "improper" conduct but will face no discipline for making disparaging remarks about women and permanently barring a female prosecutor from his courtroom. www.reuters.com/legal/govern...
5 replies 18 reposts 27 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Here's one for the CFAA geeks.
6th Cir. holds that it did not violate the Computer Fraud and Abuse Act for IT administrator to enter his own pre-authorized credentials to search email accounts he managed in preparation for company litigation.
www.opn.ca6.uscourts.gov/opinions.pdf...
4 replies 3 reposts 10 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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*ahem*
storage.courtlistener.com/recap/gov.us...
1 replies 0 reposts 13 likes
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Seth Trueger
@mdaware.org
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when your ideas are so popular and not at all sinister that you hide your involvement in them
0 replies 8 reposts 33 likes
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Joshua J. Friedman
@joshuajfriedman.com
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NEW: Judge Cannon dismisses Walt Nauta’s motion to dismiss for selective and vindictive prosecution storage.courtlistener.com/recap/gov.us...
4 replies 9 reposts 81 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Look at these that a friend made for me!
4 replies 0 reposts 18 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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TIL that the DH doesn't like Cheetos, and I think I have to reevaluate everything about this relationship.
1 replies 0 reposts 8 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Jebus Crebus, it's been twenty hours, you moron.
0 replies 0 reposts 2 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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My Ma-in-Law has some that she found as a kid, and she leaves them for people like a calling card. It's wild and I feel really special that she left me one.
1 replies 0 reposts 1 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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I think that was the Pre 2, but yes. I was a Palm guy.
0 replies 0 reposts 1 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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That went into the family chat, which . . . I'm okay with.
1 replies 0 reposts 7 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Bro is posting pics from a hard drive he found from 15 years ago. I gotta say, aside from my tendency to leave clothes on the floor, I was a snack.
2 replies 0 reposts 11 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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It's true; I'm pretty great, you smart guy.
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Gabriel Malor
@gabrielmalor.bsky.social
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I may just reskeet this every damn day. How have you all lived through so much stuff to still make idols?
1 replies 0 reposts 8 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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The DH had no idea why I was in such a dark mood this week. Just completely uninterested. (He'll vote for who I tell him to vote for.)
1 replies 0 reposts 8 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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(I might move it into the pottery (made by Littlest-Sis-in-Law!) with our rings just to keep it safe, but I like to look at it on the sill there.)
0 replies 0 reposts 4 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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Have you heard of these? They're pretty cool. For reasons geologists aren't quite sure about they almost never formed anywhere but a small part of the Sahara and a tiny north-to-south strip through central Oklahoma. That one pictured is about 250 million years old. And it's sitting next to my sink.
3 replies 0 reposts 18 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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I practice in the 11th (and the other circuits other than the federal circuit), and the chances it gets reassigned are basically nil unless she weirdly recuses herself. It's not something we should reasonably expect even if her rulings keep getting overturned at the circuit court.
0 replies 0 reposts 4 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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It's true; she's pretty great.
0 replies 0 reposts 2 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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The only reason I know my Ma-in-law was here is she left me an Oklahoma rose rock just sitting on the sill. (She's the only Oklahoman on the DH's side of the family.)
1 replies 0 reposts 9 likes
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Jack Jenkins
@jackmjenkins.bsky.social
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GOP lawmakers, especially conservative Christians, in states across the country are pushing bills designed to enhance faith's influence in public schools (10 Commandments, chaplains, etc.).
But they keep getting pushback from the same group: other religious people. religionnews.com/2024/07/05/b...
2 replies 9 reposts 24 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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I've had two books in the last month where viewpoint characters have a mental health crisis halfway through that was unmentioned in the blurb, and I guess I'm in favor of content warnings now?
1 replies 0 reposts 1 likes
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Taniel
@taniel.bsky.social
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The Telegraph reports that Keir Starmer, on his first day as Prime Minister, is scrapping the "Rwanda scheme,' the Tory plan to deport all asylum seekers & undocumented immigrants to Rwanda wherever they are from.
(This was a Starmer platform promise.)
www.telegraph.co.uk/politics/202...
7 replies 44 reposts 200 likes
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Gabriel Malor
@gabrielmalor.bsky.social
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(1) Yes, he can just pardon them. (2) He can then also hold that over the heads of government workers who resist while siccing the Justice Department on them. Don't want to go along? Well, you've got a problem, buster.
1 replies 3 reposts 15 likes