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Upstate Defender

@iainaphillips.bsky.social

52 followers 137 following 67 posts

Public Defender, Rochester Native, Home Cook, Disco Enthusiast, Urban Planning Nerd. he/him


Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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In the UK, the term "comprehensive school" refers to what we in the US call "public schools" ie a government-run school that is available to everyone free of charge.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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It's wild, too. Like, do reporters at the NY Times or on CNN think that because they reported a bunch on Biden being Old that'll save them from the chopping block once Trump and his allies have the authority to kill and imprison people they don't like with impunity?

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Adam P. Knave's avatar Adam P. Knave @adampknave.com
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Just as fearlessness isn't "not having fear" it's "keeping going in spite of your fear" being hopeful isn't "being blind to the situation" it's "continuing to push despite the odds."

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Popehat's avatar Popehat @kenwhite.bsky.social
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I don’t think it’s an exaggeration at all to say the decision threatens the Republic. I might not have said so in 2015, before I saw how triumphantly lawless and autocratic the President could be, and how so many people would applaud it or at least shrug.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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If Democrats don't use this decision as justification to fundamentally reshape American democracy, all is lost for a really long time.

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The Silvered Spherical Ideal Median Voter 's avatar The Silvered Spherical Ideal Median Voter @swolecialism.bsky.social
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a thing to remember, in all of this horror, is that these are not the actions of a political party that is confident it represents the will of the people, and who is currently out of power and enslaved to a deeply flawed avatar. the struggle is not over and they have not won

54 replies 954 reposts 3186 likes


Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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It's incredibly clear that Kamala is the only option that is at all within the realm of possibility were Biden to step aside. It's also basically proof in itself that the idea that Biden should step aside is not a serious one at all.

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southpaw's avatar southpaw @nycsouthpaw.bsky.social
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The NYT editorial board presents itself as like a wise adjunct group of strategists advising Democrats how to run their shop, but (a) it’s run and largely staffed by de facto Republican operatives and (b) it has no similar paternalistic scrutiny for Republicans.

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Michael 's avatar Michael @fleerultra.bsky.social
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this is at least a useful exercise for determining who within the pundit class are dilettantes

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b-boy bouiebaisse's avatar b-boy bouiebaisse @jbouie.bsky.social
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to add a little more here, it is not that economic anxiety is fake, it is that it cannot be neatly disentangled from racial anxieties. for instance, if you are doing well but see black people doing better, you may feel anxious on account of your internalized idea of what the racial order should be.

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lowtax speedrun enjoyer's avatar lowtax speedrun enjoyer @rickywlmsbong.bsky.social
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happy belated 5-year anniversary to what is, for my money, the greatest political post of all time

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Hell, even when the client is an asshole or a bastard or whatever (which is pretty common), they still generally don't deserve to have their whole life upended in the way the criminal justice process can do. For 3/4 misdemeanor clients, having to show up to court 3-4 times is punishment enough.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Defending "guilty people" is generally pretty easy because even people who probably did the crime they're accused of are almost always suffering from socioeconomic trouble, mental health issues, substance abuse issues, etc. I can count the number of "bad" people I've represented on one hand.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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like has he never been on a boat with... lights?

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Michael 's avatar Michael @fleerultra.bsky.social
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a just reward for his 3.5 years of service bending over backwards to be scrupulously fair to republicans, prioritizing that over punishing a coup, deterring future coups, catching a probable sex offender in congress, etc etc

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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For law professors, thinking good things are actually bad is rather like breathing.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Just saw a news article raising the specter of Eric Adams vs. Andrew Cuomo for NYC Mayor and for the love of God can the people of New York City please elect a single mayor who has more than two brain cells to rub together and isn't a fucking Disney villain-level bastard?

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ApocalypticaNow's avatar ApocalypticaNow @apocalypticanow.bsky.social
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I like the implication that no one questioned the legitimacy of the justice system until VIPs were convicted of doing things they definitely did

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Osita Nwanevu's avatar Osita Nwanevu @ositanwanevu.bsky.social
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One of the strongest cases the left can make for itself in the years ahead is that Democratic moderates are not serious about governing.

20 replies 262 reposts 1007 likes


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Paul Crider's avatar Paul Crider @paulcrider.liberalcurrents.com
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The New Colossus is an American Founding document. Not the original Founding, of course, nor the Reconstruction Founding. But the Statue of Liberty is a constitutive monument of America as we understand ourselves. Emma Lazarus penned the New Colossus in 1883 to explain and ratify what She means.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Exactly. And unlike some of the January 6 defendants, Trump doesn't have the self-control to clam up, pretend to be chastened until the minute after sentencing, and then walk out of the courtroom after receiving a light sentence and declare the whole thing corrupt.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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If I had a client as likely to spout off with dumb shit as Trump is, I would instruct them to be silent during the pre-sentence interview. That doesn't look great either, but at least it is less likely to actively damage the case for a light sentence than the unhinged bullshit Trump will say.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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...and probation will include all of that in its report (though generally not verbatim). Generally, you want a defendant who is post-conviction to show some measure of taking responsibility for their actions, some sense of remorse for their actions, some commitment to bettering themselves.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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NY PD weighing in, having had a fair few clients do the type of pre-sentence interview Trump is required to do, I can tell you that even if he *does* do the interview, I have a hard time imagining the report from probation being particularly positive. He'll rant and rave and call the judge names...

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Unfortunately, I expect these numbers to come crumbling down over the next few months as the right-wing misinformation engine insists the result was bogus while Democrats sit around with fingers in ears pretending the verdict never fucking happened.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Don't forget that Biden is doing this surely-unpopular thing mere days after his opponent was convicted of 34 felonies. Instead of focusing attention on Trump being a convicted felon, let's focus attention on Biden making an incredibly racist and politically idiotic immigration policy.

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Ross A. Lincoln's avatar Ross A. Lincoln @rossalincoln.bsky.social
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what's great is how multilayered a success this is. It won't win a single conservative voter and it greatly demoralizes a huge number of liberal voters, all while being morally indefensible and a treaty violation.

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Michael 's avatar Michael @fleerultra.bsky.social
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these are my sons, scrotus and rectus

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Truly it must be buckwild to be one of his students. I guess the semester is over by now, but still, imagine looking at your class schedule for next fall and seeing that your civ pro professor is the dumbest pro-fascist legal commentator in the country. How's he gonna explain International Shoe?

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kilgore trout's avatar kilgore trout @kilgoretrout.bsky.social
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by the way it absolutely rules that the best spin anyone can cook up is “his fundraising is going way up!” because that is otherwise useful money being shoveled into an industrial incinerator and I feel really sorry for anyone who seizes on this as a thing to rub their worry stones over

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Aaron Rupar's avatar Aaron Rupar @atrupar.bsky.social
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the presidential matchup is now Joe Biden vs convicted felon Donald Trump. Don’t be idiotic, America

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Eyes on the Right's avatar Eyes on the Right @eyesontheright.bsky.social
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My favorite genre of post is "conservative learning about the criminal justice system for the first time."

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Which is good in theory but not so much in an era where the Supreme Court gives exactly negative fucks about precedent.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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What a lot of liberals *do* is use Reagan as a point of comparison for how far Republican politics have gone -- Biden does something that Reagan also did but gets lambasted for it. But that's not saying that Reagan is swell. Merely that Republicans are nuts.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Of course the reality is that we, collectively, get to choose which one of these happens. Basically *the* moral question of this era is, how many are willing to stand and demand a more just moral global order? I think there are reasons to be optimistic but we're a long way from winning that fight.

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Lazear's avatar Lazear @lazear.bsky.social
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Look I have unbridled disdain for libertarians, and for the libertarian party as a whole, but the first major nominee who speaks at their convention getting audibly booed so hard he pivots to a "fuck you speech" is legitimately funny.

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Adam Serwer's avatar Adam Serwer @adamserwer.bsky.social
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I hope people understand that what we are seeing is the systematic destruction of the civil war amendments by the Supreme Court, which are what made America and actual democracy and upon which all minority rights in the United States rely

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Michael 's avatar Michael @fleerultra.bsky.social
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the only way forward for this country is to grind the GOP to dust, and most of my criticisms of elected democrats can be boiled down to them saying "but we don't want to do that"

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Max Kennerly's avatar Max Kennerly @maxkennerly.bsky.social
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One problematic trend in U.S. Constitutional law is the need to ground every right in some particular verbiage in the Constitution. If only the Framers had said "don't do that," such as by including the 9th Amendment, which says "don't do that."

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Sarah Posner 's avatar Sarah Posner @sarahposner.bsky.social
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A SUPREME COURT JUSTICE FLEW AN INSURRECTION FLAG IN HIS YARD AND WILL FACE NO CONSEQUENCES AS HE DECIDES CASES IN WHICH THE INSURRECTIONIST FPOTUS IS CLAIMING HE IS IMMUNE FROM CRIMINAL PROSECUTION, YES I AM SHOUTING

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Omri Marian's avatar Omri Marian @omrimarian.bsky.social
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If this happens, it cannot be undone 4 year later. It will take decades, if not centuries to undo, if at all. I don't think people understand this.

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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The biggest problem with AI right now is that the people working hard on AI are people who want AI to make weird porn for you as a way to decompress after a hard day at work instead of using AI to make hard days at work less frequent and less hard in the first place.

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Sean's avatar Sean @publichealth.bsky.social
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imo when high schoolers are getting criminally charged for dumb pranks we used to get after school detentions for, it is maybe a sign we should turn the dial way down on policing

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Upstate Defender's avatar Upstate Defender @iainaphillips.bsky.social
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Also, while the popular vote doesn't win the presidency, it is still culturally and socially important for Biden to have a large popular vote win for a variety of reasons, not the least of which is to help dispel stolen election theories that Trump and Co. will surely indulge after the election.

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Joshua J. Friedman's avatar Joshua J. Friedman @joshuajfriedman.com
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NEW: Judge Merchan expands Trump gag order to cover "family members of any counsel, staff member, the Court or the District Attorney"

19 replies 122 reposts 565 likes