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3 Aug 2023, 12:35 pm
Orin Kerr: The indictment focuses mostly on what Trump was told, and the overall implausibility of him thinking he had won. [read post]
3 Aug 2023, 3:52 am
And like Orin, I suspect Smith will have little difficulty proving it, and the prospect of Trump being crossed would be the icing on the cake. [read post]
2 Aug 2023, 10:15 pm
Perhaps Smith tried to get evidence that Trump knew he lost, but Smith didn't come up with much he could use. [read post]
4 Jan 2023, 12:34 am
The network surveillance cases then bookend Smith v. [read post]
8 Sep 2022, 1:32 pm
Smith. [read post]
6 Sep 2022, 6:56 am
It does not exhaust, limit, and replace the previous principle that equity will not enjoin a criminal proceeding, but instead applies it to a particular kind of federal-on-state intervention (on the federalism dynamics for equitable intervention, see especially the work of Kellen Funk and Fred Smith). [read post]
13 May 2022, 2:32 pm
[A big problem in a small section, but one that can be corrected.] [read post]
3 May 2022, 3:33 pm
From Zack Smith & John Malcolm (Heritage Foundation's Daily Signal); Malcolm had been a federal prosecutor for 10 years: First, there are no laws that would explicitly cover the unauthorized release of a draft opinion; they're not classified or national security materials. [read post]
16 Mar 2022, 7:33 am
So I'll take this opportunity to add a few additional doctrinal critiques to Orin's excellent summary. [read post]
14 Sep 2020, 9:49 am
The government argued, and the district court found, that the third-party doctrine of Smith v. [read post]
10 Feb 2020, 3:09 pm
The constable walks up to John Smith, announces Smith's arrest, and physically grabs Smith. [read post]
29 Apr 2019, 4:48 am
Miller, a pedestrian decision relating to information everyone knew was in the hands of third parties, rather than the outcome-dependent decision in Smith v. [read post]
23 Apr 2019, 2:49 am
Smith, 510 F.3d 641, 647 (6th Cir. 2007) (citation omitted). [read post]
18 Oct 2018, 5:57 am
As Orin Kerr put the uncertainty: “[Y]ou now have a right not to be monitored too much without a warrant. [read post]
17 Aug 2018, 4:02 am
We therefore doubt that Smith and Miller extend this far. [read post]
3 Aug 2018, 11:00 am
See Smith, 442 U. [read post]
20 Jul 2018, 3:16 pm
Orin S. [read post]
27 Jun 2018, 4:41 am
But as my colleagues David Kris and Orin Kerr point out, the opinion leaves open many questions. [read post]
25 Jun 2018, 3:00 am
Miller, 425 U.S. 435 (1976), and pen register information, see Smith v. [read post]
24 Jun 2018, 1:51 pm
Miller, 425 U.S. 435 (1976), and Smith v. [read post]
