The Campaign For DA

7.31.2018

Random Tuesday Morning Thoughts



  • Fox 4's Mike Doocy cancelling an interview with Jerry Jones because Jones would not talk about the anthem controversy seems like the biggest non-story of training camp. 
  • Jerry Jones seems to be getting angrier and angrier as time goes by. We all wondered when he would turn in to Al Davis and it might be happening right now. 
    Toe on the line, and cap on the head.
  • The number of times Trump has tweeted the words "witch hunt."
  • This motion will be denied if (1) the judge knows what he is doing, and (2) the State was smart enough to know the law that they have to file counter-affidavits. Texas Code of Criminal Procedure art. 31.04. 
  • Things I simply do not understand: 
  • This 3D Printable Gun issue gives me Legal Tired Head. A guy comes up with a way to create a printable gun (you have to buy a couple of metal parts), and wants to upload the plans to the Internet. He and President Obama's State Department get into a fight as to whether that's legal. And this is important: The government won at the Fifth Circuit in late 2016 declaring that the practice would be a crime. (Opinion here.) But the Trump Administration came in a couple of months back and said, "That's fine, go ahead and upload the plans." Now everyone is freaking out. The legal issues seem endless: (1) Can the parties simply ignore the Fifth Circuit opinion which, if not overturned, should be the law of the land? Was the appeal still pending or the judgment final? Does that matter? (2) Does anyone else have standing to sue the federal government and the 3D company alleging the practice is unlawful and cite the Fifth Circuit opinion as authority? (For a deep dive, this is a good article.) And if that gun works (it does), the availability of the plans to make it has world wide implications. 
  • "So sad" this morning:
  • Funny: Trust me.  
  • A small Texas town's ISD voted last night to go to six-man football down from twelve-man eleven-man. Someone posed a concern which might either be ridiculous or spot on.
  • Everyone thought Rudy Giuliani was crazy yesterday when he said he didn't even know if collusion was a crime. Now this morning Trump shockingly begins to float out that alternative defense as well. This is insane.
  • What's the old legal defense logic chain? "My client's dog did not bite you. If he did bite you, it didn't hurt. If the dog did bit you and it hurt, my client did not know his dog was dangerous." And if all that fails you default to: "My client doesn't even own a dog."
  • There are bandits everywhere: So the FBI raids Michael Cohen's office and a federal judge appoints a private law firm to review all the documents to give an opinion as to which documents are privileged and which ones are not. The bill? $368,081.56.