popehat

If you think Jeffrey Epstein was murdered because no prison would treat an inmate that negligently...

Ken "Popehat" White (previously) has expanded on his excellent Twitter thread about Jeffrey Epstein's suicide in jail, and just how (shamefully) normal it is for prisoners to die in custody due to indifference, overwork, malfeasance and sadism on the part of prison authorities. Read the rest

Robert Kraft allegedly paid for sex act on morning of AFC Championship game between New England Patriots and Kansas City Chiefs

PHOTO: President Donald Trump and New England Patriots owner Robert Kraft. Joshua Roberts/Reuters

New England Patriots owner Robert Kraft today got a court date stemming from multiple prostitution charges. Read the rest

Are these Crosshairs in Roger Stone's Instagram post attacking Judge Amy Berman Jackson, federal judge in his case?

The judge imposed a limited gag order on Roger Stone last week.

Top conservative lawyer insinuates Kavanaugh classmate and 'lookalike' was Christine Ford's alleged attacker

Ed Whelan, the president of a conservative think tank and a former law clerk to Justice Antonin Scalia, has been promising a silver-bullet exoneration of Brett Kavanaugh, the alleged drunken teen sex pest, all week long. Read the rest

Law and Order Republicans have suddenly discovered the undeniable injustice of "flipped" prosecution witnesses

Ken "Popehat" White, a former US Attorney turned criminal defense attorney, notes that the Republican outrage about "flipped" prosecution witnesses is awfully self-serving (given that Trump's bagman Michael Cohen and hushup capo David Pecker have both seemingly turned state's evidence), they have a point, as countless black and brown and poor defendants have discovered in their journey through the American justice system. Read the rest

Excellent advice for new law students

Ken "Popehat" White (previously), a former Federal prosecutor turned criminal defense attorney, has some excellent advice for all you newbie law-students who are just starting your law school career. Read the rest

Cornhole score leads to cornpone scrap

A game of cornhole at the Douglas County Fair in Georgia led to a dispute between players, reports WSB-TV in Atlanta--a dispute that escalated into a fists-flying brawl at the Foxhall Resort.

Alex Cannon was standing so close, he nearly had to duck while filming the chaos.

Cannon told Channel 2 Action News he is always up for a game of cornhole. He just never knew it could be a 'contact sport.'

After the dispute over the score, Cannon said someone threw a beer then someone else threw a punch. He told us the lesson he learned is: "Alcohol and beanbags do not mix."

The police were not called and no-one arrested, according to reports. [via @popehat] Read the rest

Sean Hannity revealed as Trump lawyer Michael Cohen's client number 3

In New York today, a judge ordered Michael Cohen to reveal the name of a third client, someone who didn't want to be named. It's Sean Hannity. Read the rest

Lawsplaining the FBI raid on Trump's lawyer Michael Cohen

Ken "Popehat" White (previously) is a former US federal prosecutor whose explanations of the minutae of law have been invaluable to my understanding of the legal controversies swirling around Trump and his retinue. Read the rest

Popehat's new First Amendment law-podcast is great!

Make No Law is a just-launched podcast hosted by Ken "Popehat" White (previously), a former Federal prosecutor who writes some of the best, most incisive legal commentary on the web; the first episode deals with the oft-cited, badly misunderstood "fighting words" doctrine and its weird history in the religious prosecution of Jehovah's Witnesses (my sole complaint is that he didn't work in E. Gary Gygax). Read the rest

Seven years after attempting to rip off Ken "Popehat" White, fraudster gets 108-month federal prison sentence

It's been seven years since I started following Ken "Popehat" White's relentless pursuit of a con artist who sent his company a fake invoice. Read the rest

Hoaxer with a history of fake bomb threats SWATs and murders a random bystander over a $1.50 Call of Duty bet

Swatting is the practice of tricking police SWAT teams into storming your victim's home by phoning in fake hostage situations; it's especially prominent among cybercriminals, gamers and was a favored tactic of Gamergater trolls. Read the rest

Understanding attorney-client privilege with Donald Trump Jr and Ken "Popehat" White

The latest stupidospheric controversy in Donald Trump's America is Donald Jr's hard-to-parse claims of attorney-client privilege; Junior told Congress to go fuck themselves when they asked him to testify under oath about a meeting he had with his father about Russian interference in the 2016 elections, saying he didn't have to answer them because his lawyer was present and thus the conversation was privileged. Read the rest

ADT would appreciate if you agree never to criticize it

Home security company ADT had an offer its website users couldn't refuse: never criticize the company or its products.

Customers accessing the "My ADT" service were challenged to agree to new terms and conditions, among which was "Will not disparage ADT, ADT's products or services, or any of ADT's affiliates or their products of services."

"The answer is NO, and I'm quitting your service and going to a competitor," wrote customer Matt Weeks on Twitter. "If you don't want bad reviews, try better prices and service, not this kind of shady legal garbage."

After the online backlash, the company promised to remove the provision for users...

...but somehow managed to make it worse, insisting that the disparagement clause still applies when "linking to our website."

Attempting to legally control who can and cannot link to a website (and what they can say about you) is a legal theory with a sad and futile history, and it never seems to accomplish anything but attracting brutal criticism, much of it from lawyers who know better.

Read the rest

Popehat suspended from Twitter for sharing a threat he received (Update: unsuspended)

This morning, Twitter covered Ken "Popehat" White's profile page in balloons to celebrate his birthday. This afternoon, it suspended his account for posting screenshots of threats he'd received from another user.

The ranting missive, from a far-right lawyer in Texas whose threatening Twitter postings White had earlier mocked, promises such hatred and cruelty that White will want to kill himself or flee to "escape my wrath."

But it was White's response that fell afoul of Twitter's mysterious rules on posting personally identifying information—even when such information is disclosed and widely publicized.

Twitter is a private company. It has every right to suspend me or kick me off, however foolish its reason. It's got the right to free speech and free association. My rights have not been violated. I am not a victim. When you use a "free" service like Twitter and Facebook, you're buying into the policies and attitudes they pursue, for better or worse. Want a platform with no dumb policies? Create one or pay for one.

For the moment, I doubt this reflects an evaluation by anyone at Twitter that "it's okay for a deranged bigot to threaten people on Twitter but not okay to publish his threats." Rather, this is part of the inevitable result of automating responses to abuse complaints. Now, if Twitter reviews this, and thinks that's the right result — well, that would be something else again.

Twitter is still where the abusive can rail on and on before they get canned, while anyone with an earnest interest in using the site in good faith must adhere to vague, unhelpful policies in how they deal with all that trash. Read the rest

Debullshitifying the free speech debate about CNN and Trump's alt-right wrestling GIF

In the wake of CNN threatening to out a critic if he does not limit his speech in the future, former federal prosecutor and First Amendment champion Ken White has published an eminently sensible post about the incoherence of the present moment's views on free speech, and on the way that partisanship causes us to apply a double standard that excuses "our bunch" and damns the "other side." Read the rest

Broflake defined

Perhaps you are tired of the terminology of online trashtalk, where words (such as snowflake and bro) form billowing epicycles of sincerity, appropriation and reclamation. Me too! Yet there is such a pure beauty to this morning's surprisingly viral portmanteau, Broflake.

From the Urban Dictionary:

Broflake: Straight white male offended by any feminist or ethnic activity which is not directly designed for him.

Kyle: "How come there's no Straight Pride parade"?

Me: OMG you're such a delicate little broflake.

If anything, this definition is too precise, as the word perfectly captures the broader dynamic wherein a person adopts a posture of devil-may-care principled insensitivity to offense, only to collapse in a puddle of outrage and/or legal threats when they are offended.

(For example, the NRA's Dana Loesch is an excellent candidate for Broflake of the Day for Friday, June 30, 2017. After pitching an insanely totalitarian NRA recruitment ad whose anti-violence fig leaf only drew attention to its naked thirst for bloodshed, she was apparently up all night shrieking legal threats on Twitter at random anonymous interlocutors, insisting that their mockery is not free speech.)

Read the rest

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