@Popehat 1) You are generally a defense attorney, right? 2) You are generally -- to be very very sloppy in how I say this -- anti-Trump.
How mindful are you of balancing these two perspectives when trying to evaluate what you see in these Trump cases
@pomCountyIrregs @Popehat Ken is clearly a very thoughtful person, and I suspect that he has given this issue a lot of consideration.
I am inviting him to share his thinking.
I could try to infer what he thinks, but I could be wrong. So, I asked.
@pomCountyIrregs I pay for and listen to the podcast.
No, he has not hit exactly what I was asking.
@Haste @Popehat One should always seek an appropriate balance. That appropriate balance is not always even (i.e., 50-50).
The problem with he-said/she-said journalism is that they mindlessly go for even balance, instead of carefully considering what an appropriate balance would be.
I am asking Ken about how thinks about this, in this argument. I am asking how conscious he is of it, and whether his (finely honed professional) instincts ever contradict, here.
@Ceronis Oh, that's garbage.
There are plenty of pols who are anti-Trump because they are just pro-themselves. There are plenty of anti-Trump people who still despise the values in our constitution and cannot abide the American people or the idea that our nation is a pluralistic one.
Or, to put that another way, the enemy of my enemy is not always my friend.
@ceolaf nah, what's garbage is running head first into the divide et impera schtick because you want to seem like a moderate to actual fascists.
The people who shit on the walls of the capitol and tried to install the first dictator aren't arguing in good faith and it makes me sad I have to say that.
@ceolaf the first paragraph of a recent @Popehat essay:
There are two ways to be a public legal commentator. One is to describe, to the best of your ability, what you believe the state of the law is, how and where courts might agree or disagree with you, and how your view of what the law should be differs from how courts currently interpret it. That’s what I aspire to. I fall short all the time, I’m sure.
https://popehat.substack.com/p/the-national-review-is-still-lying
@jbrewer_jera @Popehat yes, I heard it and I read it. It was a decent take — though perhaps obvious. (Sometimes that kind of idiocy and dishonesty needs to be described, even if it is obvious. ken’s distain seems to me to be inpart because of how obvious his point was.)
But I am asking about something else.
@Popehat
I read The Guardians live updates and it seems to me like she did a good job.
1) I'd assume the govt didn't plan to get what they asked for.
2) she protected the important stuff
3) by largely going with what the defense proposed, when trump violates the order, she can point out that he violated the rules they proposed when she's smacking him around.
Is the “defense proposal” the one where Trump wants to give discovery materials to “volunteer attorneys” like catturd2 and the baby shirt guy?
@jonhendry @Popehat@mastodon.
Yes but you’ll find paragraph 4 here relevant:
https://www.npr.org/2023/08/11/1193451354/judge-delivers-mixed-ruling-on-protective-order-in-trumps-jan-6-case
@Popehat A former defense lawyer being scrupulous about protecting a defendant's free speech and due process rights is not especially surprising.
Nor is it a bad thing.