We'd Love Your Input!
Added 2024-03-13 19:24:44 +0000 UTCLet us know what issues you want to hear coverage of on #RapidResponseFriday
We have our eyes on some stories, but we were also thinking it would be super helpful to know what folks are curious about and think needs more/better coverage. So what legal topics in the news are you hoping OA covers?
Please let us know! And also, please use that heart button on comments to give us an indication of numbers, so we can gauge interest!
And, if you have specific legal questions on a given topic, feel free to comment with them!
If this goes over well, it's something I want to start doing every Wednesday to help us make sure we're covering the things that need it most! Thank you!
Comments
Just FYI, cell data was obtained by a subpoena sent out by Roman's counsel to AT&T. They should have notified Wade of the request which he could have moved to quash (no public info on what happened). AT&T then emailed the records to Roman's counsel who provided them to the expert to import into CellHawk. Anna Bower has a great thread about the process and debunking some of the theories. She would make a great guest on any Georgia weirdness in that Trump case. https://twitter.com/AnnaBower/status/1761507249527132593
Sam Johnson
2024-03-19 04:22:57 +0000 UTCLegislative oversight of TikTok is the direction they /should/ be taking for all social media... and YouTube... but yeah, nah, never gonna happen. Mental health, misinformation and democracy - schmental schmealth, schmishinformation and schmemocracy.
I am a philosophical hole
2024-03-18 13:18:51 +0000 UTCI know this is too late to the party - and I've heard everyone is totally over Trump law. But just saying, as someone who doesn't live in the U.S., this is my only access to what chance democracy has of surviving. I'm keenly keenly interested in any and all updates on his cases. I'd pay to listen to a (fortnightly?) Trump bonus pod cobbled together by an associate, but I hear you on that being probably too much work.
I am a philosophical hole
2024-03-18 13:14:51 +0000 UTCNot sure if this will get seen since it was for today’s rapid response friday, but SCOTUS’s denial on SPECTRUM WT, ET AL. V. WENDLER, WALTER, ET AL. is something I’d love to have OA explain
Apprentice of Adventure
2024-03-16 01:41:27 +0000 UTCThere’s a difference in narrative accuracy between tracking several thousands of people’s cell data vs a singular cell signal. If the data is inaccurate, it will be found out. I hope I am not misread. I think this kind of tracking is dubious. 2,000 mules is dumb. I suspect the cell data on Willis is accurate. Should Trump be allowed to run down the clock. No, definitely not.
Austin Flake
2024-03-16 00:48:19 +0000 UTCYou continue to surprise! The only musician/lawyer crossover that comes to mind is the team of dudes who generated 10,000 simple melodies and copywrote them to make a point. I'd love to hear how those two worlds collide for you - does MusicMatt ever disagree with LawyerMatt about what's proper?
Jon C
2024-03-15 13:33:58 +0000 UTCI'm interested in Matt's thoughts about the Tik Tok ban law passed by the House. I've seen a lot online but I don't know who to believe. Is it really "Patriot Act II"? Is this about Chinese ownership or US Govt censorship? What, if any, unintended consequences are there in the legislation? Are their 1A consequences? Does the Act really apply to all kinds of smart items, not just Tik Tok? Should folks be contacting their Senators to tell them not to support the bill for reasons other than "I love Tik Tok, please don't take it away?".
Kaetrin Allen
2024-03-15 03:29:06 +0000 UTCOn a related note, I think it would be interesting if OA could bring some current/former public defenders on the show - whether to talk about specific cases, their overall experience with the justice system, or their thoughts on how to make things better.
Why do podcasters say moron that later
2024-03-14 17:21:32 +0000 UTCadded to this, I also love occasional-but-regular pop law (or whatever you'd call it now).
lauren
2024-03-14 16:35:09 +0000 UTCEmulation and virtualization have a potentially important difference in a legal arena too. Software can be "aware" that it is virtualized in order to operate more effectively in that environment, while emulation seeks to replicate the expected environment to "fool" software into running in an unintended mode or environment. Emulation can help bypass some DRM that locks down software to specific hardware - such as game consoles, or by emulating a hardware dongle, or DVDs that are region locked. There are ethical considerations for both sides, the wishes (and licensing) of the seller vs consumer protections and the right to repair, for instance. The semantics between what is emulation and what is virtualization is can be tricky, but as a rule of thumb: virtualization provides all the features or behaviours of a hardware system as an environment for software to run in, some of those might need to be emulated if the hardware is sufficiently different from what the software expects - effectively acting as a shim to allow a square piece to work in a round hole.
Barmp
2024-03-14 15:36:39 +0000 UTCAbout Trump's betrayal. Are there any new laws on taking protective actions if the president fails to do so or is incapacitated? Hoping to never see another storming of the White House.
Shannon Klakowicz
2024-03-14 12:18:27 +0000 UTCCell phone geolocation data was also the kernel of “proof” Dinesh D’Souzas 2000 Mules book based their argument on. Still held out by conservative as election fraud proof - and I bet it’s from the same company ?
Andrew McClure
2024-03-14 12:01:41 +0000 UTCI'm a public defender in Washington, which just last week became the first state to implement public defense caseload standards based on recommendations from the RAND study last year. It dramatically reduces case caps for criminal defense and will require WA to nearly double its number of public defenders over the next 3 years. This is huge news, and pretty much every public defender in the state was out celebrating last Friday. Not only will this result in speedier trials and shorter pretrial detentions, but it will also strongly incentivize counties to invest in alternatives to mass prosecution. I'm hopeful other states will follow suit. Anyway, it's some uplifting legal news (for a change) that deserves a shoutout! Read more here: https://www.seattletimes.com/seattle-news/washington-bar-approves-much-lower-caseloads-for-public-defenders/
Tom Pandolfo
2024-03-14 06:32:24 +0000 UTCAs fun as video games are, emulation is actually really important for things outside that realm too. So much critical software runs on virtualization.
Apprentice57
2024-03-14 04:44:55 +0000 UTCOur RCV initiative went down in flames in MA unfortunately, still annoyed about that
Matt Cameron
2024-03-14 03:59:51 +0000 UTClol speaking as both a musician and gamer who also happens to have a law degree there's nothing "lower" about this! could be a good one
Matt Cameron
2024-03-14 03:57:59 +0000 UTCThis is a really important subject. I have a (personal, not professional) partner who specializes in (and is amazing at) civil commitment, but she doesn't feel comfortable talking about it publicly; if she ever comes around on that she'd be a great guest but I'm not going to push it. That said, I do have a story from immigration court on this which I very much want to do an episode on to show how bad it can get when someone with serious mental health issues is detained by ICE and just totally abandoned inside the system with no legal assistance. I think we'll be able to do that someone in the next couple of months.
Matt Cameron
2024-03-14 03:54:29 +0000 UTCThanks! It would be awesome to have her on the show to break this complaint down. This case seems pretty interesting. Though it might not fit in a rapid response episode.
Shad Riley
2024-03-14 03:42:17 +0000 UTCGoing deep on the implications of CellHawk (and the even more intrusive Stingray tech) would be a great idea, tucking this away
Matt Cameron
2024-03-14 03:40:55 +0000 UTCHi everybody, thanks for so many ideas so quickly! We'll definitely be getting into the issues with the Fulton County indictments along with another story closer to my heart, but I'm seeing so many other great ideas that I'd like to come back to another time.
Matt Cameron
2024-03-14 03:38:15 +0000 UTCJust sent this to Casey, pet fraud is very much her beat!
Matt Cameron
2024-03-14 03:36:24 +0000 UTCwould love to find a French lawyer for this!
Matt Cameron
2024-03-14 03:31:47 +0000 UTCI have questions about classified laws. There are laws that are classified. Theoretically, they must exist. If the US has a mind-reading laser that detects the thoughts of foreign leaders, obviously we won't admit that publicly, but we'd still need laws to restrict its use/disclosure. Those laws would be classified. Classification Security Guidelines are classified- the very rules that define the Classification of different statements. I retired from intel. I saw a lot of intel that would be automatically declassified after 25 years. What if a declassification decision changed after I lost access to those secret decisions and I revealed something after 25 years, not having access to the secret decision to extend the classification? Seems like I could be prosecuted under a law that I was not legally allowed to know about. This seems problematic.
We can feed everybody
2024-03-14 02:38:17 +0000 UTCSolid question. There may be an exception within a certain number of miles to the border.
Austin Flake
2024-03-14 01:20:40 +0000 UTCAre you implying poll companies act in bad faith? If not, it is generally not inherently illegal to be incorrect.
Austin Flake
2024-03-14 01:15:51 +0000 UTCConsidering the comma in your question, very likely yes to the first, leaning no on the second.
Austin Flake
2024-03-14 01:10:33 +0000 UTCIt would be great to hear some discussion on the dismissed charges in GA!
Kevin Duff
2024-03-14 00:44:43 +0000 UTCCan a state deploy national guard troops to other states? (e.g. Tennessee NG to Texas for the southern border)
Shad Riley
2024-03-13 22:42:30 +0000 UTCGiven that Trump seems to be trading on the value of his "brand" and being the frontrunner for president is a major component of that would any known bad management of polling which artificially raised his ranking be a contribution to his campaign? What duty or liability do polling compabies face for not fixing known issues?
Rowin Xavier
2024-03-13 22:39:27 +0000 UTCThe Judicial Conferences actions to halt nationwide injunctions from RWNJ judges
Gmork
2024-03-13 22:32:45 +0000 UTCNot rapid, but Elon Musks $56B comp being shot down and the $6B in comp sought by the prevailing lawyers.
Gmork
2024-03-13 22:16:01 +0000 UTCClass Action Lawsuit against Hill’s Pet Nutrition The lawsuit alleges that Hill’s paid veterinarians to spread the false idea that non-traditional pet foods (Boutique, Exotic, or Grain-Free foods) raise the risk of a deadly canine heart disease called dilated cardiomyopathy (DCM). The complaint alleges that Hill’s convinced the FDA to launch an investigation using cherry picked data involving non-traditional pet foods. Link to the complaint https://www.courtlistener.com/docket/68229558/ketonatural-pet-foods-inc-v-hills-pet-nutrition-inc/
Shad Riley
2024-03-13 22:05:24 +0000 UTCI might be able to help a bit on this topic. I am not a lawyer but I am an Air Traffic Controller. I was in the FAA and the military.
Shad Riley
2024-03-13 21:57:19 +0000 UTCThe cell hawk data that they got of fawny Willis and is used by private investigators and prosecutors is crazy. How it legal to get this kind of tracking data without a warrant? Are cell phone tower pings public info? What if you’re a stalker or a bad group ? I can’t believe this company is able to get tower dumps , I would think this would be private info.
Andrew McClure
2024-03-13 21:50:14 +0000 UTCIs there a path through Congress to get war aid to Ukraine, and humanitarian aid into Gaza?
Patrick Olivieri
2024-03-13 21:36:57 +0000 UTCI'd like a breakdown of the court proceedings in "Anatomy of a Fall". Comparing the judicial systems between USA and France is fascinating. Are the prosecutors required to wear red? Does the witness really get to ask questions? What the heck is going on?
Bennie Rosas
2024-03-13 21:33:34 +0000 UTCI want to hear more about "The nine-page ruling on Wednesday took aim at charges asserting that Mr. Trump and other defendants had solicited public officials to break the law by violating their oaths of office. For example, one count against Mr. Trump said that he “unlawfully solicited, requested and importuned” the Georgia secretary of state, Brad Raffensperger, to violate his oath of office by decertifying the election"
David Oster
2024-03-13 21:21:29 +0000 UTCDoJ doesn’t control the judge if I remember right from the case Barr eventually stopped. Took a concerted effort by DoJ to withdraw. Anyway…any trial should be able to go until at least Jan 20?
Alan Denko
2024-03-13 20:36:54 +0000 UTCCan E Jean press charges against 45 for harassment? Or some kind of criminal charge to make him stop defaming her, since money clearly isn't a deterrent?
Erin Hutton
2024-03-13 20:34:11 +0000 UTCI hearted a couple of these but this is the one that I am most interested in.
Mark M
2024-03-13 20:10:50 +0000 UTCThis is the antithesis of "rapid response" but I would be interested in hearing Matt's defense perspective re: Michael Reinoehl. He admitted to shooting a a right wing agitator. There's a lot of bystander video. He claimed it was self-defense in a Vice News interview. The police killed him while on a mission to apprehend him so that claim never went to court. Based on the OA coverage of the Kenosha case I thought the Reinoehl claims of self defense were legally weak. Since the Kenosha judgement went completely the other way, I'm curious how Matt sees the facts differing between these cases and how the legal doctrines in Wisconsin vs Oregon may have played out differently.
Drew Vogel
2024-03-13 20:08:14 +0000 UTCWe could talk about how the government can't feed starving children but are voting overwhelmingly today to ban Tik Tok. There is a lawsuit filed against Puff Daddy that I don't understand isn't considered criminal (Warning: SA) The EU passed an AI law that I'd be interested in a discussion of and if it's possible to model to the US The 5th circuit upheld a contraceptives for minors needing parental permission law in Texas
HolyCitySatanist
2024-03-13 20:01:28 +0000 UTCState trial, nothing he can do except exert political pressure. Federal trial, he can just immediately direct DoJ to halt prosecution.
A string of unpronounceable profanity
2024-03-13 20:01:26 +0000 UTCWe're nearly at the deadline for Trump to pony up the dough in the other NY civil lawsuit -- what's it going to look like if Trump can't post a bond, and Tish James tries to collect? In these dark times, everyone needs some anticipatory schadenfreude.
Jason Foley
2024-03-13 20:00:24 +0000 UTCI was wondering what Matt and Kasey think about the Crumbly Michigan case where the parents are being tried for the child shooter.
KeepingThePlatesSpinning
2024-03-13 20:00:12 +0000 UTCThis is not really "Rapid Response" but it overlaps my professional interests (former patent litigator and current operator of a compounding pharmacy): https://news.bloomberglaw.com/health-law-and-business/weight-loss-drugs-popularity-puts-focus-on-unauthorized-sellers From what I can tell, there are two competing/overlapping lines of inquiry: (1) shield for regulatory liability for pharmacies to compound drugs on the shortage list under FDC&A; and (2) patent infringement liability for making, using, selling, etc. a product covered by patent claims. The latter might implicate non-infringement and/or patent exhaustion analysis.
Professional-Grade In-Car Audio Guy
2024-03-13 19:56:58 +0000 UTCIn short, because a plea deal is made with prosecutors, not the judge. Prosecutors can deal in their sentencing recommendations to a judge, prosecutors cannot guarantee for a judge’s actual sentencing discretion. Great topic to cover in long-form. Hope the OA does.
Austin Flake
2024-03-13 19:55:45 +0000 UTCI'd be interested in some Nintendo Law. Emulation is hot right now so it's a good excuse. I'd also be really interested to hear Thomas' musician opinion about AI copywrite law mixed with Matt's law opinion. There's a lawyer who goes by Moon Channel on YouTube and discusses lighter industry topics in a manner that's very familiar to this show. Would be a great topic expert if Matt doesn't want to lower himself to music law lol
Jon C
2024-03-13 19:48:32 +0000 UTCA buddy of mine is a public defender who specializes in helping people undergoing involuntary medical holds / civil commitment. I'm curious to hear Matt's insights on that aspect of public defense: advocating for people who are unwell and may have trouble articulating their goals or understanding the choices they have.
Ian Dimayuga
2024-03-13 19:45:18 +0000 UTCOh this is interesting...
Opening Arguments
2024-03-13 19:42:41 +0000 UTCI'm interested in hearing a lawyer's perspective on the aviation regulatory landscape. Between Congress, the FAA, the NTSB, and the DHS/TSA, how do our institutions protect national airspace, passenger safety, and supply chains, and in what ways does the current system fall short?
Ian Dimayuga
2024-03-13 19:41:29 +0000 UTCLove the new show cast and format. Let’s say one of Trump’s trials is going on in November and he wins. Is there any way he can halt the trial before Jan 20 and what action would he have to take to stop a trial?
Alan Denko
2024-03-13 19:35:52 +0000 UTCProbably not the most "rapid response-y", but Charles Littlejohn, the person who released the Trump tax return and other wealthy people, was recently sentenced to the maximum of 5 years in prison. This was after he turned himself in and had a plea deal for ~1 year. I can't wrap my head around how they can offer the plea to him then renege on the deal after he has not done anything contrary to the terms of the agreement. Considering he turned himself in, it seems like a bait-and-switch.
Justin Fabian
2024-03-13 19:34:29 +0000 UTCI’d suggest states’ ballot measures available for Nonpartisan Primaries and Ranked Choice Voting.
Austin Flake
2024-03-13 19:33:37 +0000 UTCFrom a lawyer's perspective, where does the underspecified claims that were dismissed in GA fall? Is this something most prosecutors do once in a while or is this the kind of thing that only seems to happen when cases grow so large it becomes hard to focus on the finer details? https://lite.cnn.com/2024/03/13/politics/georgia-trump-mcafee-election-interference-case/index.html
Drew Vogel
2024-03-13 19:30:00 +0000 UTCGoing by the other comments so far, we're all interested in that one haha
Help, I'm trapped in a podcast factory!
2024-03-13 19:29:41 +0000 UTCJust saw that several charges against Trump in the Georgia case were dropped due to something like a lack of clarity in the charges/evidence. Is this a case of "a grand jury will indict a ham sandwich" and it's true that these charges were not well supported?
Unlikable Internet Goblin
2024-03-13 19:28:03 +0000 UTCGeorgia case: Some charges dropped by the judge. (Hints at Fani staying on the case, but not confirmed)
Jared Bradley
2024-03-13 19:28:03 +0000 UTCThis is the one I was going to bring up! Very interested in hearing a breakdown.
A string of unpronounceable profanity
2024-03-13 19:27:17 +0000 UTCOh I have a further good idea! I can comment the stories we're thinking about, and then you folks can indicate what questions you have on this topic! First one: The Georgia judge dismissing some of the charges against Trump. https://www.nytimes.com/2024/03/13/us/donald-trump-charges-quashed-georgia-mcafee.html
Opening Arguments
2024-03-13 19:26:27 +0000 UTC
