Ashigaru Spearman’s Comments

• Feb 23rd, 2021 @ 12:47pm

  What about Newspapers/Magazines?

  on Attacks On Internet Free Speech In Malaysia And Indonesia Demonstrate Why Section 230 Is So Important
  Why isn't the same protections that newspapers and magazines have adequate? IANAL but I don't think Sec 230 applies to them?
• Nov 2nd, 2020 @ 1:29pm

  Waste of time and energy

  on Shiva Ayyadurai's Lawsuit Against A Massachusetts Official Actually Raises An Interesting 1st Amendment Question About Election Disinformation

  By giving this guy ANY sort of support (deserved or not) you only give him oxygen and perpetuate his tomfoolery. A broken clock is right twice a day and its irrelevant if he is correct in this instance. The argument that you "must support his argument lest a bad precedent be established" is silly response and is likewise a waste of time.

  I've never understood this line of argument. Its all irrelevant when it gets to the SC anyway. Cite the precedents you like and ignore the ones you dont. Lawyers do that in every argument.

• Sep 17th, 2020 @ 4:28pm

  I dont see why this is even controversial

  on Top Court In Massachusetts Says Prosecutors Must Provide Info On Bad Cops To Criminal Defendants

  I bet if more of these judges or their families were victims of this testi-lying, there'd be a prompt response in ensuring it stops.

• Jul 8th, 2020 @ 9:31am

  He was part of the overall conspiracy

  on New Indictment Tries To Tie Julian Assange To A Hacking He Had Nothing To Do With

  He knew about the leak and was part of the overall conspiracy. That he didn't do each particular act as part of the conspiracy is irrelevant.

  From a post on Emptywheel:
  -A conspiracy needs not succeed

  -Co-conspirators don’t have to explicitly agree

  -Conspiracies can have more than one object

  -But all co-conspirators have to agree on one object of the conspiracy

  -Co-conspirators can use multiple means to carry out the conspiracy

  -Co-conspirators don’t have to know what all the other conspirators are doing

  -Once someone is found to have knowingly joined a conspiracy, he is responsible for all acts of other co-conspirators

  -Statements of any co-conspirator made to further the conspiracy may be introduced into evidence against any other co-conspirator

  -Overt acts taken in furtherance of a conspiracy need not be illegal

  The allegations are pretty clear. I don't think there is a clear understanding with how conspiracy prosecutions work. IANAL.

• Jun 22nd, 2020 @ 11:28am

  Judges should refuse to participate

  on Appeals Court Judge: Supreme Court Needs To Unfuck The Public By Rolling Back The Qualified Immunity Doctrine

  "because judges apply the law as it is, not as they believe it should be"

  Judges should refuse to participate in the Supreme Court's shoddy legislation from the bench. If the Supreme Court wants to implement Qualified Immunity, then let THEM do it. There is absolutely no consequence for lower court judges and justices to refuse to recognize QA. Yes, the cops can appeal to the SC and get the case to go in their favor, but again, let them implement the bad law they want.

  T'were I a judge, I would simply ignore QI as a matter of law and let the cops go to all the effort to appeal. If enough of the legal profession did that, perhaps it would force the SC to deal with it.

• Jun 9th, 2020 @ 11:25am

  How to protest the police

  on Peaceful Protests Around The Nation Are Being Greeted By Police Violence. Remind Me Again How Peaceful Protests Are Better?
  It seems the only protests that elicit calm and de-escalation from the police are where the protestors are armed to the hilt with assault rifles, handguns, ammo clips, etc. Compare the protests to the shutdown order in the Michigan capital to the ones nowadays. It becomes increasingly clear that if you are going to protest the police, you should outnumber them, and be fully armed. I suspect if 30-40 police showed up to a protest with 300-400 armed protestors, it would be a much different scene. Calm collected police, calmly talking to the protestors and letting them go about their business without much ado.