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Maryellen Noreika and Mark Scarsi's Schrödinger's Cat

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emptywheel
Judge Maryellen Noreika's role in determining the status of the immunity agreement signed by Hunter Biden is quite different than Judge Mark Scarsi. That's because after she, as a non-party to it, inquired into the already-signed contract, it led the contract to become a non-contract.

The Import of Judge Mark Scarsi's Truncated Klamath Quote

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emptywheel
Both David Weiss and Judge Mark Scarsi relied on 9th Circuit precedent that says if the terms of the Hunter Biden diversion agreement are susceptible to different interpretations, then it is ambiguous and Hunter Biden's understanding of the agreement must hold.
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Jack Smith to Aileen Cannon: Treating Non-Lawyer Tom Fitton's Theories as Law Will Lead to Mandamus

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emptywheel
Jack Smith has now formally informed Judge Aillen Cannon that she has been chasing a whack theory spun up by someone, Tom Fitton, who doesn't even have a JD.

Judge Mark Scarsi's Quantum Theory of Murdered Contract Law

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emptywheel
Even Judge Mark Scarsi used a metaphor -- Schrödinger's cat -- intended to convey absurdity to describe his interpretation of Hunter Biden's diversion agreement.

Michael Schvartsman Prepares to Plead ... with Trump Org's Sometime Lawyer Alan Futerfas

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emptywheel
On the same day that Trump's media empire crashed on news that it may never become viable, a guy accused of insider trading and money laundering, Michael Schvartsman, took steps to plead guilty.
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NYT's Limited Understanding of Trump's "Tactics for Avoiding a Crisis Like the One He Now Faces"

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emptywheel
NYT wrote a story that pitched Trump's hush payment fraud case as a drama about whether formerly loyal associates flip on him, rather than a story about criminal justice.
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David Weiss Is Withholding the Proof Leo Wise Claims Doesn't Exist

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emptywheel
Leo Wise claims there's no proof that Gary Shapley's media tour had an impact on the Hunter Biden case. The Special Agent in Charge overseeing the case testified that it did.
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Worse than Segretti: Judge Recommends John Eastman Be Disbarred

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emptywheel
In recommending John Eastman be disbarred, Yvette Roland found that the California Bar had proven that Eastman and Trump conspired to disrupt the January 6, 2021 electoral count.

Citizenship

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Ed Walker
Citizenship entails rights common to all. It starts with the participation of all.

NBC Should Have Grilled Ronna McDaniel Until She Self-Deported

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emptywheel
Rather than firing her, NBC should have simply grilled Ronna McDaniel about unknown details of her role in the 2020 coup attempt until she chose to leave.
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High Court Decision May Pose New Challenges to Julian Assange Prosecution

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emptywheel
To get approval to extradite Julian Assange, the US would need to provide assurances regarding Assange's ability to rely on a First Amendment defense. That may pose a dilemma for the US.
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The US Attorney for Delaware Treats Contract Law as a Hypertechnicality

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emptywheel
David Weiss has called the argument that he can't, legally, be both US Attorney and Special Counsel at once a "hypertechnicality."
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Alexander Smirnov Shared an Already-Debunked Fox News Hoax with His FBI Handler

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emptywheel
In 2020, Alexander Smirnov recycled a false claim made by Fox News and Trump that had long been debunked. And somehow, that didn't tip anyone at the FBI off that Smirnov was lying.
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Judge Mark Scarsi Orders Briefing on Whether David Weiss Is David Weiss

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emptywheel
Judge Mark Scarsi has offered David Weiss the opportunity to explain whether contracts signed between Hunter Biden and the US Attorney from Delaware are binding on the Special Counsel.
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