There’s a federal rule that says that if you can prove that the prosecution is vindictive or selective, then the case is dismissed.

A prosecution is vindictive if it is only happening because of personal animus against the defendant. You have to prove that the animus caused the prosecution, in a legal “but for” sense.

A prosecution is selective if you’re getting singled out. That is, if other people in similar circumstances are not getting charged for the same behavior, but you are. For example, Attorney General James alleges that Ken Paxton is also a state Attorney General, and he also has multiple “second homes” with mortgages that he rents out and never visits, but somehow he has not been charged.

James is alleging both vindictive and selective prosecution, but she only has to prove either one or the other to get the case dismissed.

What the fuck is Justice Jackson doing ?

Here’s one analysis:

Jackson gets this application because it’s from the 1st circuit, and she is assigned to initially handle all shadow docket matters from the 1st circuit. By writing this admin stay, she potentially keeps the full court from stepping in and doing it for her. And this way she gets to set the 48 hour limit. This could cause the whole case to be decided one way or another a lot faster.

The supreme court let the trans passport case sit on the shadow “emergency” docket for 48 days. This stay gives the 1st circuit approx the weekend to make their decision, then the 48 hour deadline puts some oomph on the rest of scotus to make their decision.

If Justice Jackson did nothing, and 5 votes on the court intervened to issue a stay at 1 am, then there would be no 48 hour limit.

Federal employees will get back pay if that provision is in a bill that Congress will eventually pass. It’s not a guarantee, as you stated.

New York Times claims that one engine fell off the plane.

Update: court adjourned for today with no verdict. Jury deliberations will resume tomorrow.

The video clearly showed an intact, wrapped sandwich on the ground after the incident. Nothing “exploded.” The cop lied on the stand (surprise, surprise), and he got called out on it by the defense.

Monty Python is technically a proper name, but they went with the snake, because they wanted a last name that “sounded slippery.”

“Monty” may or may not be a reference to Field Marshal Montgomery, from world wars 1 and 2.

The programming language is named after the comedy troupe, not the snake.

I would expect the price or relative value of gold to latinum to collapse once asteroid mining becomes viable.

It’s cool. There’s always money in the banana^HH^HH^HH church restroom.

It is likely that any tests will be conducted in enclosed underground silos in Nevada. The site to do that has been maintained at some amount of readiness since the last test in 1992.

Nixon was at 31% when he resigned. Dubya also hit the low thirties, but he didn’t resign.

He is described as holding “tactical command” of the Chicago Midway Blitz operation.

Better pack a toothbrush.

No, it’s clearly the fault of the guy that got shot. That’s why he’s been criminally charged.

(/s but not on the criminal charges. Those are real.)

He has a drug conviction from way back that he was not exonerated of, unlike the murder. The drug charge by itself is a legal ground for deportation.

These emergency motions go to a single justice first. That justice then forwards the matter to the full court (usually).

In this case, Amy Coney Barrett ordered a quick opposition response to the government’s motion, but she didn’t put down an administrative stay right away, like in some of these other cases. This means that the NG deployment is still blocked while ACB collects the paperwork and presents it to the full court.

I think it’s more likely they struggled really hard to find any flattering angle, and this is the best they came up with.

UPDATE: As the deadline expired today, the prosecution dropped this motion which discloses that they searched an attorney’s phone with a warrant.

Because the stuff on this phone is a landmine of attorney-client privilege, they contend, there must be a complicated and lengthy clean room-style process to sort the privileged stuff from non-privileged.

Comey disagrees and wants to challenge the search warrant first.

I strongly suspect they didn’t actually turn over much of anything today, but we shall see.

In many jurisdictions, courts will allow prosecutors to “remedy” slipups to some degree by delaying the trial date, allowing the defense the same time they would have had to prepare, or at least an adequate time.

It definitely seems like that is not going to happen in this district.

There’s a bunch of complicated case law about missed disclosures and late disclosures.