Lee Kovarsky(@lee_kovarsky) 's Twitter Profileg
Lee Kovarsky

@lee_kovarsky

Professor of Law, University of Texas. Habeas corpus, death penalty, some other law stuff, sentient space robots, kids who don't listen to me, and hot sauce.

ID:1242631536257765376

linkhttps://law.utexas.edu/faculty/lee-kovarsky/ calendar_today25-03-2020 01:57:06

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Lee Kovarsky(@lee_kovarsky) 's Twitter Profile Photo

Like there's a reason why Brad Smith, very forcefully arguing error on FECA, doesn't include the preemption argument that multiple state and federal courts have found frivolous.

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Lee Kovarsky(@lee_kovarsky) 's Twitter Profile Photo

AGAIN:

(1) it can be a state crime to conceal a federal crime (not what happened here);
(2) it can be a state crime to conceal a state crime that is committed by unlawful conduct that would itself be a federal crime (this);
(3) the scope of FECA preemption is specified in a reg

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Lee Kovarsky(@lee_kovarsky) 's Twitter Profile Photo

holy hell i'm really gonna get a month of TFGs doing word salad about going directly to the supreme court for original habeas relief under the all writs act.

THIS IS MY BAT SIGNAL

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Lee Kovarsky(@lee_kovarsky) 's Twitter Profile Photo

Humbly submit that if the only time you've complained about prosecutor overreach with vague laws is The People v. Donald Trump, you don't *actually* care about the integrity of the criminal legal system and should find some other way to frame your criticism.

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Lee Kovarsky(@lee_kovarsky) 's Twitter Profile Photo

JFC, you can't even identify the right vulnerabilities in the judgment. None of these is a good appellate issue.

The best issue is the absence of unanimity for unlawful means - but that's the best reading of state law, so it would have to be NY Court of Appeals to overturn.

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Lee Kovarsky(@lee_kovarsky) 's Twitter Profile Photo

This is a long tweet that's just wrong on the basic factual premise.

NY law is clear that 'intent to defraud' is not an intent to defraud a particular person.

Trump has some decent arguments on appeal, this is most definitely not one of them.

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