Jerry Lambe

Journalist & Editor @Lawcrimenews | New York Law School | Georgetown University | Secure Email: [email protected]

[Jerry Lambe @LambeJerry]

@akarl_smith https://t.co/m3LqDTzNUD

[Ari Cohn @AriCohn]

1/ Another day, another terrible Internet bill.

Today, Josh Hawley will try to sneak S. 1993 ("No S. 230 Immunity for AI Act") through the Senate.

S. 1993 reduces a complex issue to broad generalities, threatening free speech and innovation as a result.

https://t.co/MtpCoNtKL2

[Shay Hughes @shayhugheslaw]

Both Judge Gull and the State filed their Briefs in response to Allen’s 2nd Writ…addressing Gull’s Brief…

First, Gull contends Allen did not meet the procedural requirements, in part, as he does not have a clear, unequivocal right to have counsel reinstated. Gull cites to Jones where the Indiana Supreme Court denied a Writ RE the removal of counsel. But Gull is misapplying Jones. Jones did not deny the Writ for failing to have a clear, unequivocal right to reinstatement of counsel. Instead, bc the attorneys wished to be w/drawn, the Court would “not countermand the trial court's ruling that placed [defense counsel] in precisely the position their motion indicated their willingness to be.” Jones is also factually distinguishable as the attorneys initiated their own w/drawn w/o any influence from the trial court.

Gull also contends that an appeal is wholly adequate. I couldn’t disagree more. By being removed, Baldwin/Rozzi cannot act on Allen’s behalf. Rozzi’s filings were struck and appearances from both were rejected. Thus, there was no ability for both to initiate an interlocutory appeal. If Baldwin/Rozzi were to file a limited appearance, there would certainly be standing issues as the right to counsel and related rights belong to Allen. Additionally, once new counsel was appointed, Allen must ‘speak’ thru this counsel. Thus, an appeal is entirely inadequate.

Next, Gull argues she properly exercised her discretion in removing Baldwin/Rozzi. Summarily, Gull contends she has considerable discretion. But she notably provides only persuasive authority and fails to mention Jones which states a court has limited authority to remove appointed counsel. Gull also argues she afforded due process but provides absolutely no authority in support of her conduct.

Moreover, Gull contends she has shown no bias or prejudice toward Allen or his former counsel. She’s correct RE the law presumes a judge is unbiased; there must be actual bias; adverse rulings aren’t enough, etc. But removing counsel on the judge’s own accord w/o conducting an evidentiary and w/o the defendant present overcomes this presumption as Allen is entitled to a fair proceeding. See In re JK, 30 NE3d 695 (Ind. 2015)(reversing a CHINS adjudication bc judge made derogatory comments, pressured father into waiving fact-finding hearing).

All things considered, I don’t find Gull’s arguments particularly convincing. #RichardAllen #Delphi #DelphiMurders #truecrime

[Defense Diaries @defense_diaries]

The State will be calling two witnesses after lunch. One or both witnesses will be testifying to ADMISSIONS OF GUILT allegedly made by RA while being detained. It could be shocking...I will keep you updated. Court is to start at 1:15 EST. Retweet. #Delphi

[Jerry Lambe @LambeJerry]

A copy of the Bryan Kohberger indictment along with the full story: https://t.co/puVpI1ch5Z

[Law & Crime @lawcrimenews]

#BREAKING: Bryan Kohberger indicted by grand jury for the murders of four University of #Idaho students

Full story here: https://t.co/DqwFgbJd5U

[Luke O'Brien @lukeobrien]

At Mackey's trial, the gov introduced many screenshots of chats among the alleged co-conspirators in Twitter DM rooms. (Twitter is a company that aided/abetted this attack on our democracy.)

Several names were redacted.

We need to understand Posobiec's anxiety in this context.

[Jerry Lambe @LambeJerry]

Judge ultimately imposes the agreed to sentence of 5 months prison, which AW will begin serving immediately, and 5 years probation. (AW planned on serving immediately, coming to court dressed down in North Face fleece and navy sweatpants)

[Jerry Lambe @LambeJerry]

At sentencing hearing for former Trump Org. CFO Allen Weisselberg, who pleaded guilty to 15 counts in connection with the company's 13-year tax fraud scheme from 2005-2018. Plea deal calls for 5 months in Rikers, 5 yrs probation, and approx $2 mil fines.

[Jerry Lambe @LambeJerry]

Judge counters, saying that if he had not already agreed to the 5 month sentence, he would have imposed a sentence "much greater," specifically citing to Weisselberg testifying about fraudulent payroll payments to his wife so she could collect social security benefits.

[Nicole Perlroth @nicoleperlroth]

Once again, Elon’s scribes are connecting dots to sell you a salacious tale with zero context.

The FBI and DHS role in flagging social media content and accounts has been well documented. Here are examples of the kinds of content they were flagging for companies like Twitter…

[Billy Binion @billybinion]

Today, a Colorado man had a hearing to determine if he'll face 12 years in prison for having child porn. But no one—including the gov't—thinks he had child porn.

He's a school principal who was investigating a sexting incident. And cops want him branded a sex offender.

[Jerry Lambe @LambeJerry]

@NassauDA The video does not work.

[Marc J. Randazza 🇺🇸 🇮🇹 🇧🇷 @marcorandazza]

Gateway Pundit taking on Maricopa County at the 9th Circuit -- and whether you like TGP or not, if you live in the 9th Circuit and care about freedom of the press, this case matters to you.

https://t.co/paAv9hb5W5

[NY AG James @NewYorkStateAG]

Today, I filed a lawsuit against Donald Trump for engaging in years of financial fraud to enrich himself, his family, and the Trump Organization. 

There aren't two sets of laws for people in this nation: former presidents must be held to the same standards as everyday Americans.

[The First Amendment @USConst_Amend_I]

For a one-page explainer of exceptions and false speech (from a Supreme Court decision):

[Adam Klasfeld @KlasfeldReports]

Are you a Ghislaine Maxwell juror prepared to speak to the press about your verdict?

We’d like to hear from you. My DMs are open, and you can reach me on Signal, WhatsApp, or whatever mode of contact you’d prefer.

[Clark Neily @ConLawWarrior]

This is a thread about the two most important qualified immunity cases on the Supreme Court's docket right now—and maybe ever. Earlier this year, the Fifth Circuit dismissed two Section 1983 cases against (1) TX jailers who did nothing as a suicidal inmate took his own life...