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Master Thread Dance Your Cares Away/Fraggle/Law Abiding Citizens

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Cletusnow

Made the run from Texarkana to Atlanta
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Jan 8, 2021
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3,348
Kilmeade was an asshole, acted just like a CNN interviewer talking to a conservative.

I'm totally against Tik Tok as I see it as a means to destroy our youth. But, you can't just outright ban it with a law, else we are no different than totalitarian governments like China. Plus, this bill is complete shit and gives way too much power to censor. It should be challenged by SCOTUS, and found unconstitutional.
…and quickly.
 

BamaRidger

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14,899


"specific conduct, and impacts more than a 'nebulous' public interest because it concerns a public prosecutor." He also found that "an odor of mendacity remains" and that "reasonable questions about whether the District Attorney and her hand-selected lead SADA testified untruthfully...further underpin the finding of an appearance of impropriety."McAfee also held that an appearance of impropriety can warrant disqualification of individual prosecutors, BUT not the prosecutor's office as a whole, and further held that removing Wade would "cure" the appearance of impropriety.I just don't think this last legal holding can survive appellate scrutiny. The appearance of impropriety implicates BOTH Willis and Wade. There are reasonable questions about whether Willis testified truthfully and about whether she financially gained from the prosecution. Those questions don't just go away if Wade withdraws.Further, the cases Judge McAfee cites for the proposition that an appearance of impropriety doesn't require the whole office to be DQ'd are cases where it was the line prosecutor who had the conflict issues, not the elected district attorney. When it's a line prosecutor, sure, it's easy enough to just replace that specific prosecutor and cure the issue. But when it's the elected DA who has the conflict - well, every prosecutor in the office reports to the elected DA. There's no way to remove the "odor of mendacity" without removing the entire office.
 

s-ou-thern

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Barry Sanders and Bo Jackson may also have something to say.
Sanders was a freshman at okie st when Thurman Thomas was there. In those days the upperclassmen had the starting position virtually locked.

Before an OK/OK St game Barry Switzer got some video on a practice. When an assistant asked him what he thought he said “we better hope Thurman Thomas don’t get hurt”.
 

imprimis

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Jan 8, 2021
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9,702


"specific conduct, and impacts more than a 'nebulous' public interest because it concerns a public prosecutor." He also found that "an odor of mendacity remains" and that "reasonable questions about whether the District Attorney and her hand-selected lead SADA testified untruthfully...further underpin the finding of an appearance of impropriety."McAfee also held that an appearance of impropriety can warrant disqualification of individual prosecutors, BUT not the prosecutor's office as a whole, and further held that removing Wade would "cure" the appearance of impropriety.I just don't think this last legal holding can survive appellate scrutiny. The appearance of impropriety implicates BOTH Willis and Wade. There are reasonable questions about whether Willis testified truthfully and about whether she financially gained from the prosecution. Those questions don't just go away if Wade withdraws.Further, the cases Judge McAfee cites for the proposition that an appearance of impropriety doesn't require the whole office to be DQ'd are cases where it was the line prosecutor who had the conflict issues, not the elected district attorney. When it's a line prosecutor, sure, it's easy enough to just replace that specific prosecutor and cure the issue. But when it's the elected DA who has the conflict - well, every prosecutor in the office reports to the elected DA. There's no way to remove the "odor of mendacity" without removing the entire office.

Seems like good defense attorneys will use the opinion to go after the DA's office for every conviction since she became DA.
 
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