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Mike Lindell sues DOJ over seized phone—and that’s just the latest Pillow Man drama

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#Mike #Lindell #sues #DOJ #seized #phoneand #newest #Pillow #Man #drama

Reuters:

Lindell’s swimsuit towards the U.S. Justice Division, which additionally listed U.S. Legal professional Basic Merrick Garland and FBI Director Christopher Wray as defendants, alleged that Lindell’s constitutional rights have been violated by the seizure.

After his cellphone was seized on Sept. 13, Lindell claimed in a podcast that the seizure prevented him from finishing up his enterprise actions and from accessing his funds.

“Not solely do I run 5 companies off of it, I do not use a laptop computer, I do not use a pc, every little thing was on that cellphone,” Lindell mentioned.

So what did Lindell assume would occur together with his 5 companies—together with his big pillow concern—if he’d misplaced his cellphone along with his thoughts? Granted, he’s not probably the most tech-savvy man on the planet—he seems to be someplace on the training curve between efficiently scheduling faxes and discovering you could spell “BOOBS” in case you flip your calculator upside-down—however you’d assume, given the sheer dimension of his corporations, that he may need had a contingency plan for operating his monetary affairs within the occasion he misplaced or wrecked his cellphone, like nearly everybody else in America.

In the meantime, Lindell is claiming that the seizure of his cellphone—performed through a duly obtained FBI warrant—someway violated his constitutional rights.

CBS News:

The swimsuit alleges that the federal brokers “had no authority to detain and query Mr. Lindell towards his will,” and that Lindell’s First Modification rights have been violated due to “his efforts to tell the general public about alleged fraud and alleged irregularities he believes occurred with the intention to deliver an finish to the dependence on computerized voting and tabulating machines in elections.”

It additionally claims authorities have been monitoring Lindell utilizing location providers in violation of his Fourth Modification rights within the cease and seizure in addition to his Fifth Modification rights to due course of and the Sixth Modification.

Lindell mentioned he makes use of the cellphone to conduct enterprise. The swimsuit additionally claims the cellphone is programmed to function Lindell’s listening to aids.

In case you’re actually desirous about what this cellphone seizure was all about, you could find way more particulars here. In brief, it includes the apparently unlawful breach of digital voting machines in Mesa County, Colorado—machines that Lindell is satisfied are the devil! 

RELATED: Voters prefer Democratic messaging, view Republicans as bigger threat to democracy

Sadly, this newest swimsuit is off to a wobbly begin, contemplating that Mike Lindell filed it, not all of his legal professionals are members of the court’s bar, and Martha’s Winery pariah and ex-lucid particular person Alan Dershowitz is onboard.

In the meantime, sharp authorized minds like Liz Dye from Above the Regulation are already making fun of it.

Lindell’s distinguished counsel on this clown swimsuit contains Minnesota legal professional Andrew Parker, who represents Lindell on various election matters, together with his pending case towards the January 6 Choose Committee, MAGA lawyer/troll Kurt Olsen, who repped Texas AG Ken Paxton in his Supreme Court LOLsuit towards seven swing states to invalidate their electoral votes and tried to pressure the Justice Department to signal onto an analogous criticism, and Alan Dershowitz, who has plenty of time on his arms now since nobody on Martha’s Winery will invite him to brunch.

In mild of their very significantly pled Constitutional claims, they’d just like the courtroom to declare that Lindell’s rights have been grievously violated, order the federal government to provide again his cellphone and destroy any of the info collected from it, and unseal the affidavit, ’trigger all of the cool youngsters are doing that as of late.

The case has been assigned to US District Decide Eric Tostrud, a Trump appointee however not an absolute bloody lunatic like his Federalist Society colleague in Florida.

After all, if Lindell’s swimsuit is slapped away—which it doubtless will probably be, given the FBI’s due diligence—it will solely prolong his authorized shedding streak. On Monday, a choose refused to toss voting machine firm Smartmatic’s defamation lawsuit towards Lindell for saying its machines helped Joe Biden steal the election from McSloven.

POLITICO:

Lindell moved to dismiss Smartmatic’s criticism, arguing that the corporate did not adequately plea the defamation declare, and that the misleading commerce practices declare fails as a result of Lindell was performing in a private, not skilled, capability when making statements concerning the 2020 election. MyPillow individually moved to dismiss Smartmatic’s criticism, arguing that it’s shielded by the First Modification and that it didn’t make any statements about Smartmatic. The corporate additionally argued that Lindell’s statements can’t be imputed to MyPillow.

U.S. District Decide Wilhelmina Wright on Monday denied each Lindell’s and MyPillow’s motions to dismiss the criticism. The courtroom concluded that Smartmatic has alleged ample details to assist its defamation declare, together with its claims that Lindell’s statements have been false, that his defamatory statements have been communicated to exterior events, that he knew or ought to have recognized his statements have been false and that he acted with precise malice in selling them.

Whoops. That may’t be good. 

RELATED: The Big Lie(s): Election denialism spreading on social media poses threat to democracy

One has to marvel how Lindell sleeps at evening, notably on these shitty pillows. His life is crumbling round his ears, and but he seems to assume Jesus and Alan Dershowitz will come via for him in the long run.

Certainly, at this level, his solely escape from the lengthy arm of the legislation stands out as the Rapture.

Preserve the religion, Mike, and God simply may rapture you residence, too! He could even allow you to take your cellphone with you, and he’ll undoubtedly allow you to end your scrumptious Hardee’s breakfast biscuits. 

x

I hear they’re heavenly, in any case.

Every day, Daily Kos fights the Big Lie and the GOP’s greater war on democracy, but we don’t have pillow tycoons paying our bills. Instead, half our revenue comes from readers like you—meaning we literally couldn’t do this work without you. Can you chip in $3 or more today?

Take a look at Aldous J. Pennyfarthing’s four-volume Trump-trashing compendium, together with the finale, Goodbye, Asshat: 101 Farewell Letters to Donald Trump, at this link. Or, in case you choose a check drive, you may download the epilogue to Goodbye, Asshat for the low, low price of FREE.

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Officer Hits Out at ‘Weasel Bitch’ Kevin McCarthy

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#Officer #Hits #Weasel #Bitch #Kevin #McCarthy

Michael Fanone -– the previous Washington police officer who was severely damage on the US Capitol in the course of the January 6 assault -– had some selection phrases for the Republican Home chief, The Guardian studies.

Stated Fanone: “I feel at night time, when the lights are turned off, Abe Lincoln and Ronald Reagan have some fairly selection phrases to say about the truth that they’ve to hold on Kevin McCarthy’s wall.”

He continued: “They did some fucking above-average issues. And so they’ve obtained to adorn the wall of this fucking weasel bitch named Kevin McCarthy, along with his pretend fucking spray-on tan, whose fucking declare to fame, a minimum of in my eyes, is the truth that he amassed a group of Donald Trump’s favorite-flavored Starburst, put them in a Mason jar, and introduced them to fucking Donald Trump. What the fuck, dude?”

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Human remains can legally become composted soil in California

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#Human #stays #legally #composted #soil #California

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The brand new methodology shall be allowed underneath regulation beginning in 2027, The Los Angeles Times reports, with supporters saying the brand new, eco-friendly methodology eliminates the necessity for nonbiodegradable coffins, the carbon dioxide produced in cremations, and the poisonous chemical substances used to embalm our bodies.  

Smithsonian Magazine explains that after the microbes break down the physique and the supplies, a course of that takes a few month, what’s left is a “nutrient-rich soil” family members can then use in flower beds or donate to conservation areas.

As reported by the Catholic News Agency, govt of the California Catholic Convention Kathleen Domingo wrote a letter opposing the invoice, saying that human composting creates an “unlucky non secular, emotional, and psychological distancing from the deceased,” including that the method “reduces the human physique to easily a disposable commodity.”

The New York State Catholic Convention equally opposed payments on human composting. In a statement from June 2022, the group wrote concerning the invoice proposed in New York that “an excellent many New Yorkers who could be uncomfortable at finest with this proposed composting/fertilizing methodology, which is extra applicable for vegetable trimmings and eggshells than for human our bodies.”

Katrina Spade, chief govt of Recompose, a Seattle-based “inexperienced funeral dwelling” that provides human composting, said in a statement:

“This new regulation will present California’s 39 million residents with a significant funeral choice that provides important financial savings in carbon emissions, water, and land utilization over standard burial or cremation. … Our end-of-life selections matter within the effort to heal this planet.”

Abortion rights, climate change, and gun safety are all on the ballot this fall, and there are literally thousands of ways to get involved in turning our voters. Plug into a federal, state, or local campaign from our GOTV feed at Mobilize and help Democrats and progressives win in November.

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My Collected Supreme Court Commentary for the New Term

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#Collected #Supreme #Courtroom #Commentary #Time period

Tomorrow is the primary Monday in October, which marks the beginning of the most recent time period on the Supreme Courtroom. Up to now few weeks, I’ve had numerous items of commentary on the Courtroom that I assumed I might accumulate right here.

First, and maybe greatest in my e book, there are the primary two episodes of the most recent season of Divided Argument, my “unscheduled, unpredictable Supreme Court podcast” with Dan Epps.

The primary episode, Maoist Takeover, was recorded at William & Mary Regulation Faculty as a part of their Scalia-Ginsburg Collegiality Speaker Collection, and focuses on interact with folks throughout profound disagreement, in addition to on the Supreme Courtroom’s shadow-docket selections in Yeshiva College v YU Satisfaction Alliance.

The second episode, Horse Sausage, simply dropped immediately and it previews the extraterritoriality/dormant commerce clause case about California’s pork laws, Nationwide Pork Producers Council v. Ross.

However I’ve additionally discovered myself getting lured into some extra normal Supreme Courtroom commentary. I appeared on this virtual panel at Harvard Law School on “Law and Politics in the Roberts Court” with Amanda Hollis-Brudsky, Adam Liptak, Leah Litman, and Janai Nelson, the place I took the unpopular place that the Courtroom tries to pursue a imaginative and prescient of legislation that’s fairly unbiased of politics, although the Justices have been put there by politics.

I additionally had some associated and extra wide-ranging dialogue of the Courtroom (and the state of our establishments extra usually) with Invoice Kristol on his show, Conversations with Kristol.

And eventually, I gave an interview to Ruth Marcus of the Washington Publish which resulted on this passage in her opinion essay on the coming Supreme Court term:

“Fearless.” That is the adjective that College of Chicago legislation professor William Baude applies to this court docket, and in his view, that is not a foul factor. “The court docket’s not sitting out the onerous circumstances now,” he mentioned. “Change occurs. New Justices have been put within the court docket by politics, and that is how the court docket’s purported to work. All people understands that placing new justices on the court docket who’re completely different from the previous justices has penalties. That is by no means been one thing the court docket may or ought to attempt to immunize itself from.”

This passage has gotten numerous consideration on Twitter, and to my thoughts essentially the most fascinating response is that this thread from Richard Re, starting:

and ending:

Relatedly, there are Rick Pildes’s and Orin Kerr’s earlier posts concerning the idea of judicial braveness. And likewise Scott Alexander’s “Against Bravery Debates.

One upshot of all of those is that I feel it is most likely not useful to attempt to characterize one Courtroom or set of Justices as notably extra fearless than an one other. Simply as with the discussions of legislation and politics extra usually, numerous these characterizations might ultimately cut back extra basically to authorized disagreements, about what our legislation is and what it calls for of our judges.

Anyway, that is sufficient of that type of commentary for now. For some barely extra prolonged arguments concerning the Courtroom’s position, you may learn my recent-ish articles on The Real Enemies of Democracy or on Supreme Courtroom reform (Reflections of a Supreme Court Commissioner).

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