Tuesday, February 21, 2023

The Prosecution’s Grudging Concession in the Baldwin Case

The Santa Fe District Attorney and the special prosecutor chose not to submit papers in opposition to the defense motion to dismiss their firearm enhancement claim with its five year mandatory sentence. The enhancement was obviously and fatally erroneous. The enhancement for a “discharged” firearm was enacted after the incident and so its enforcement would be ex post facto. The firearm enhancement that was in place at the time is for “brandishing” the firearm, which requires an intent to intimidate or injure. Clearly neither Baldwin nor the armorer, Hannah Gutierrez-Reed, who is charged with the same offenses as Baldwin and for whom the enhancement was also dropped, had any such intent.

Tuesday, November 1, 2022

Good Thing Brazil Has No Electoral College

If it had, right-wing, authoritarian Bolsonaro might well have beaten da Silva. Depending on the details of the electoral college, da Silva’s 1.8% win might not have been enough to keep Bolsonaro from being the college winner.

Sunday, October 30, 2022

The Trump Case Tragedy

There very probably is sufficient evidence to indict the former president of one or more felonies. The question will have to be faced by the DOJ and by at least one state prosecutor whether to do so.

Either decision will be tragic.

Saturday, August 20, 2022