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Santiago Z Reich@szreich.bsky.social |
290 followers 145 following 2657 posts
Dallas-based lawyer. I mostly focus on removal defense (immigration) and criminal law. Any opinions I express here are my own. NOTHING I WRITE HERE IS LEGAL ADVICE. Don't get your legal advice from random strangers on social media!
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Santiago Z Reich
@szreich.bsky.social
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/6 Look, Alito /Thomas are Qanon-level insane and genuinely believe their own horseshit. But Roberts/Gorsuch/Kavanaugh/Barrett? You don't write an opinion like this without knowing you're full of shit, unless you're stupid. They are not stupid. They're not stupid, but they are immoral cowards.
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Santiago Z Reich
@szreich.bsky.social
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/5 It's even worse b/c this is the kind of decision that only happens if the Court knows Biden isn't going abuse his near-legal immunity to commit blatant crimes.
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Santiago Z Reich
@szreich.bsky.social
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/4 (b) Trump wins, in which case they've given themselves infinite made-up Calvinball rules of evidence to deny a lower court finding that Trump wasn't acting in his official capacity when he tried to overthrow the Republic. The moral cowardice is just breathtaking!
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Santiago Z Reich
@szreich.bsky.social
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/3 The Court has guaranteed it will not have to grapple with the actual facts of Trump's Jan. 6-related conduct until either: (a) Trump loses—in which case they won't face his ire as President and can behave more rationally; or
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Santiago Z Reich
@szreich.bsky.social
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/2 Put another way, the Court took every reasonable step to slow this case down so it wouldn't have to decide anything hard until *after* November's election. Even here, by remanding the case for special just-for-Trump fact findings at the trial level /cont.
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Santiago Z Reich
@szreich.bsky.social
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This👆 But it is an awful decision that I predict will sit next to decisions like Koramatsu and Plessy. A nadir for the Court, and a stain on this nation. Beyond that, and looking and the entire course the Court took to reach this point, it's also a decision that betrays profound moral cowardice.
1 replies 2 reposts 8 likes
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Santiago Z Reich
@szreich.bsky.social
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(1) Americans are *already* sometimes deported by mistake (often happens with someone with serious mental health issues leading to decreased capacity); and (2) Although Americans have the legal right to return to the US, as you note, how will that right be vindicated?
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Santiago Z Reich
@szreich.bsky.social
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It really is crazy. And I'd argue is inconsistent with the narrow exception SCOTUS has carved out for mistrials brought on by prosecutorial or judicial misconduct. Assuming a mistrial occurs here, and since this is an 5A issue, I'd litigate it in fed court which seems more favorable terrain.
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Sen. Gogurt taking notes on a criminal conspiracy
@ugarles.bsky.social
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the conservative theory of law in one headline
50 replies 1012 reposts 3601 likes
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Santiago Z Reich
@szreich.bsky.social
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That's your favorite part? Well, I guess gallows humor is still humor.
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Denys Beecher
@dbeecher.bsky.social
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Santiago Z Reich
@szreich.bsky.social
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I'm on vacation, and I swore to my family I wouldn't get wrapped up in legal matters. But the universe appears to have other plans. First, the SCOTUS decision, and now this...
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Santiago Z Reich
@szreich.bsky.social
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Does that make you an Omega male?
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Santiago Z Reich
@szreich.bsky.social
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I like this format. It's sort of like a closing argument format. And most closing arguments at trials, unlike political debates, do move people to reconsider their positions.
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Santiago Z Reich
@szreich.bsky.social
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According to David McCullough's biography of Adams, he acted as a liaison/chief-of-staff to the Executive Branch in the Senate. That role is now held by the legislative contacts within the individual agencies these days.
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Ed Bott
@edbott.com
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Kinky Friedman was a damn hero. May his memory be an inspiration.
7 replies 16 reposts 75 likes
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Santiago Z Reich
@szreich.bsky.social
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Yes, the Loper v. Raimondo Administrative Law Full Employment Act of 2024 will be fondly remembered by some.
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Santiago Z Reich
@szreich.bsky.social
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On the over hand, I fully intend to shove this decision down DHS's throat on immigration cases. And I will do it every chance I get! But I will miss safe food and clean water.
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Santiago Z Reich
@szreich.bsky.social
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I agree.
My post was meant to criticize Trump's racism, not as a general defense of using the dehumanizing expression 'Blacks.'
B/c I suspect Mr. Trump's backup location would involve a hard 'R,' and he's moving toward openly using it. See, e.g., www.businessinsider.com/trump-says-t...
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Santiago Z Reich
@szreich.bsky.social
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True. There isn't an argument on the planet that can survive a person determined to use bad-faith interpretation to avoid its force. Former President's Washington's unambiguous words are no exception.
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Santiago Z Reich
@szreich.bsky.social
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The simple answer is that it doesn't. TX courts have never come close to interpreting § 22.041 so broadly. Plus this ignores a host of complicating legal precedents protecting LE.
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Santiago Z Reich
@szreich.bsky.social
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"I had always hoped that this land might become a safe & agreeable Asylum to the virtuous & persecuted part of mankind."
George Washington, Letter to Francis Adrian Van der Kemp (May 28, 1788). founders.archives.gov/documents/Wa...
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Santiago Z Reich
@szreich.bsky.social
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Gabe's mom was willing to: (1) travel far outside her comfort zone; (2) become a stranger in a strange land; and (3) work hard every day. She did this to provide a better life for her family. That doesn't sound like 'poison' to me; that sounds like a goddamn American.
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Santiago Z Reich
@szreich.bsky.social
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So he's 0 for 2?
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Santiago Z Reich
@szreich.bsky.social
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This shit is surreal. Boring surreal, but surreal nonetheless.
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Santiago Z Reich
@szreich.bsky.social
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Right? Beyond being stupid, this debate is shockingly boring.
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Santiago Z Reich
@szreich.bsky.social
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I love you man, but I have to disagree here. I really don't want to hear Trump's backup word if 'Blacks' is off the table.
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Santiago Z Reich
@szreich.bsky.social
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I want to disagree with you, but I can't.
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Santiago Z Reich
@szreich.bsky.social
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Evergreen
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Santiago Z Reich
@szreich.bsky.social
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I didn't think the $11 donut was worth it. It's basically just a regular cream-filled one with red frosting that provides a tiny hint of apple flavor. But it does come in a cool box!
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Santiago Z Reich
@szreich.bsky.social
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Awful. And predictable be these guys. They're the avatars of projection.
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Santiago Z Reich
@szreich.bsky.social
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(3) Bowman's embarrassing statements after Oct 7 which directly led to AIPAC pouring money into the race; (4) Dumb things like pulling the fire alarm in congress which led to pleading guilty to a misdemeanor; and (5) His alienating of potential political allies. In short, he is bad at politics.
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Santiago Z Reich
@szreich.bsky.social
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There are myriad reasons why Bowman lost: (1) Redistricting turned his race from almost exclusively far left voters, to more moderate left voters. Bowman didn't try to moderate. (2) His opposition to Biden's infrastructure bill—a bill which is popular among democrats; /cont.
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Santiago Z Reich
@szreich.bsky.social
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Thanks for joining the discussion! It's great to when someone like you speaks up and reminds us that case law evolves from real people involved in serious disputes. That's exactly why I love what I do. It isn't some esoteric academic pursuit cloistered in an ivory tower.
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Cooper Lund
@cooperlund.bsky.social
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I am going to say it again - blaming all of this on money is going to keep progressives and leftists from learning lessons from all of Bowman’s unforced errors. Once you are elected you have to recognize that you’re a Democratic insider, and that your constituents are Democrats. AOC is good at this!
48 replies 92 reposts 559 likes
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Santiago Z Reich
@szreich.bsky.social
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The plaintiff would: (1) Allege a specific defamatory statement; (1) have a reasonable idea of the mod(s) who caused/published the statement; and (2) show damages with some evidence. But that's true of every defamation case. There's nothing special about bsky that changes the normal standard.
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Santiago Z Reich
@szreich.bsky.social
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What was the post that launched this interesting discussion?
Your response (linked below) is to a blocked post. Or at least blocked to me.
bsky.app/profile/momm...
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Santiago Z Reich
@szreich.bsky.social
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Yeah...
A labeler isn't an independent entity that can be sued, so if vicarious defamation liability is a thing, maybe it could happen.
I think I owe @mommunism.bsky.social a bit of an apology here. She has a point—this legal question is more complicated than I realized.
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Santiago Z Reich
@szreich.bsky.social
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I mean, it makes sense that one shouldn't be able to strategically insulate themselves from defamation by laundering the statement through a 3rd party. But where do you draw the line for this kind of vicarious liability? It's a tough question.
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Santiago Z Reich
@szreich.bsky.social
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The 5th Cir. just certified a similar question to the TX SC. Obviously only about TX defamation law, but still.
The labeler issue is complicated b/c can the mod be liable? Is a person who supplies defamatory info to a 3rd party liable for any resulting publication?
casetext.com/case/roe-v-p...
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Santiago Z Reich
@szreich.bsky.social
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Don't forget context. Statements in a “heated and volatile setting,” are usually treated as opinions, especially when “the audience may anticipate efforts by the parties to persuade others ... by use of epithets, fiery rhetoric or hyperbole." Steam Press v. Hawaii Teamsters (9th Cir. 2002)
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Santiago Z Reich
@szreich.bsky.social
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Yes, that's strong evidence that LA's legal position is pretextual. But I practice in the 5th Cir., so I genuinely have no idea what will happen if the right (wrong?) judges get assigned to this case's panel.
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Santiago Z Reich
@szreich.bsky.social
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(1) Courts would likely hold that an Aegis label isn't a factual statement, but a non-actionable opinion; and (2) Even if the court deemed the label a factual statement, you'd need to show damages. What job/financial opportunity did you lose b/c of an Aegis statement?
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Santiago Z Reich
@szreich.bsky.social
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LA's legal argument is that the 10Cs is being used for an educational—not religious—purpose. ACLU argues that this is pretextual; the real purpose is sectarian. It seems Gov. Landry is determined to be the ACLU's strongest ally in this fight. E.g., He called Moses “the original lawgiver.”
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Santiago Z Reich
@szreich.bsky.social
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I will.
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AkivaMCohen
@akivamcohen.bsky.social
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How many of you understand what an earthquake this is? Quickest possible path to getting Netanyahu's coalition out of office
30 replies 48 reposts 269 likes
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Santiago Z Reich
@szreich.bsky.social
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You should hyphenate phrasal adjectives (e.g., best-selling book, or sweet-and-savory snack). Here, you're using two phrasal adjectives—'favorite-ever' and 'sweet-and-savory.' And although you didn't include the modified noun ('snack' or 'donut'), it is clear from context that the noun follows.
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Santiago Z Reich
@szreich.bsky.social
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Right? Nuts are a classic ice cream topping; we should be experimenting with other savory options.
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Santiago Z Reich
@szreich.bsky.social
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J. Benita Y. Pearson. She's got it all:
(1) Extremely strong legal chops (see, e.g., this thoughtful opinion on a complicated and novel legal issue: casetext.com/case/elmer-v...);
(2) Young for a judge; and
(3) Tested in a reddish district of a purple state.
www.ohnd.uscourts.gov/content/judg...
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Santiago Z Reich
@szreich.bsky.social
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God bless Texas!
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