Clark Neily @ConLawWarrior Twitter profile

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Clark Neily

2 years

🧵/1 If we had to prosecute people on a retail rather than wholesale basis—with 12 of us taking time away from our jobs, families, etc. to serve on a jury every time we sought to convict someone—we’d pass far fewer criminal laws and enforce them far more selectively.

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Clark Neily

@ConLawWarrior

5 years

@adribbleofink In response to a touching number of requests...

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Clark Neily

@ConLawWarrior

5 years

@adribbleofink I wrote a report about aardvarks in 2nd grade and got so into them that I wrote a letter to a stuffed-animal co. suggesting they add one to their lineup. About 6mos later, I got a big box w/ a stuffed aardvark and a letter saying “We took your suggestion, and we named it Clark.”

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Clark Neily

@ConLawWarrior

4 years

Radical idea: Barging into someone’s home with guns drawn should be considered a really big deal, and if it’s done in error that should be a presumptively career-ending mistake for everyone involved, including supervisors and the judge who issued the warrant.

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Clark Neily

@ConLawWarrior

4 years

Fact.

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Clark Neily

@ConLawWarrior

3 years

Awaiting the Chauvin verdict, I'm struck again by the sheer magnitude of SCOTUS's error in inventing qualified immunity out of whole cloth. How many people would still be alive—perhaps even George Floyd—if police were held to the same standard of accountability as the rest of us?

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Clark Neily

@ConLawWarrior

4 years

I’m so disappointed by Rs who voted Nay. Not even gonna be snarky about it. Just incredibly disappointed. The country and the Constitution deserved better.

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Clark Neily

@ConLawWarrior

2 years

California is, hands-down, the most naturally beautiful state in the country. And it lies closest to the most dynamic region on earth outside of America. And OMG, the weather. Yet it is losing population. How on EARTH do you screw that up??

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Clark Neily

@ConLawWarrior

4 years

If you’re one of the few politicians who opposes eliminating qualified immunity for rights-violating cops, I invite you to watch this video and think of November. (The gratuitous bodyslam happens at :50, in case you want to skip the part where the guy does nothing to deserve it.)

King Bach

@KingBach

4 years

Was the slam necessary?

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Clark Neily

@ConLawWarrior

2 years

@reason Daniel Shaver’s murderer is a yellow-bellied coward named Phillip Brailsford, whose name and vocation—he was a Mesa, AZ police officer—should be mentioned prominently every time this story is told. He’s a disgrace to the badge, to his former colleagues, and to humanity.

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Clark Neily

@ConLawWarrior

4 years

In the criminal justice system, the people are misled by two separate yet equally mendacious groups: the media, which provides a wildly inaccurate impression of how the process actually works, and the government, which does the same.

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Clark Neily

@ConLawWarrior

2 years

Short 🧵. I’ve twice written to a friend doing 6 months in federal prison, and both letters were returned. The first one for being written on grid paper, the second one for having an “unknown substance.” There were two substances inside that second letter: paper and ink. /1

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Clark Neily

@ConLawWarrior

3 months

“Mic-drop” is so 20-teen, but there’s just no other way to describe this 82-word rhetorical masterpiece by @charlescwcooke

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Clark Neily

@ConLawWarrior

4 years

I’ve never felt so ashamed of any American institution. Words fail me.

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Clark Neily

@ConLawWarrior

2 years

The system is so unremittingly unjust, inhuman, inhumane, despicable, and malevolent. The fact that it misses no opportunity, no matter how trivial, to grind the boot speaks more eloquently about its true nature than I ever could. /end

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Clark Neily

@ConLawWarrior

2 years

Another reason to plead the 5th is because you’re confident you’ve done nothing wrong, but you have zero confidence in the integrity of the criminal justice system. Which is precisely the right amount of confidence to have in a system that relies almost entirely on coerced pleas.

Adam Kinzinger (Slava Ukraini) 🇺🇸🇺🇦🇮🇱

@AdamKinzinger

2 years

Quick reminder: pleading the 5th is because you don’t want to incriminate yourself. We respect the 5th amendment, but pleading the 5th says a lot

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Clark Neily

@ConLawWarrior

4 years

When prosecutors "try" to indict a cop.

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Clark Neily

@ConLawWarrior

4 months

I haven’t been following this case day-by-day, but one gets the sense that the wheels have been slowly coming off. Until today, when they came completely and spectacularly off. I’ve never seen anything like this in 25+ years of practicing law. It’s stunning. Fulton County, man.

Kyle Becker

@kylenabecker

4 months

BREAKING: Young Thug’s lawyer, Brian Steel, was ordered into custody after he was held in contempt for not disclosing his source. Steel's arrest followed the lawyer refusing to disclose the source of a private conversation between the judge, the DA, and a star witness. “You got

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Clark Neily

@ConLawWarrior

2 years

Police refusing to cooperate with police because they don’t trust police is about as eloquent a comment on the whole system as can be imagined. And the bell of it is, they’re not wrong.

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Clark Neily

@ConLawWarrior

3 months

SCOTUS just withdrew a deep reservoir of power from the administrative state that SCOTUS mistakenly ceded to the administrative state in Chevron (and other cases). In short, the executive branch has much less power today than it did yesterday. And after last night, I can only say

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Clark Neily

@ConLawWarrior

3 years

I was skeptical about the supposed Big Red Wave in 2022/2024 after what they did. But then a bunch of folks Twitter-splained how stupid and selfish my 6yo daughter is for being sick of wearing a mask for two years (and what a bad parent I am by extension)—and yeah, I see it now.

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Clark Neily

@ConLawWarrior

2 years

Something that deserves far more attention is that the police murders of George Floyd and Tyre Nichols (and many others) took place in front of multiple fellow officers who did nothing to protect the victim. This is like a flight crew doing nothing about a plainly drunk pilot. /1

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Clark Neily

@ConLawWarrior

4 years

Occasional reminder that “I don’t make the laws, I just enforce them” is a mendacious, cynical ploy. In reality, the law-enforcement lobby is the second- or third-strongest in the country, and you better believe cops and prosecutors help “make the law.”

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Clark Neily

@ConLawWarrior

4 years

People who think a guilty plea provides indisputable evidence of guilt must not understand how guilty pleas are obtained in our system.

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Clark Neily

@ConLawWarrior

6 years

If you find yourself harassing people on behalf of the government for speaking a foreign language in a convenience store, quit your job and seek spiritual guidance—because you have much to atone for.

ACLU

@ACLU

6 years

Ana and Mimi were in line to buy groceries when a Border Patrol agent behind them demanded to see ID’s. Their supposed offense? Speaking Spanish in Montana.

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Clark Neily

@ConLawWarrior

3 years

@ASFleischman The essential role of police in America today is no longer protective (if it ever was), its predatory. Their job today is to raise revenue with citations/forfeitures and make arrests, regardless of quality. Any other take is pure, self-serving sentimentality.

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Clark Neily

@ConLawWarrior

2 years

The government hates, hates, HATES jury trials—and let me tell you why. A 🧵

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Clark Neily

@ConLawWarrior

5 years

Sobering reminder that one of the most dangerous things you can put in a school is a police officer.

Video of Pasco deputy threatening to shoot a student is going viral

The student’s mother said two adults acted like children and wants both to be disciplined.

www.tampabay.com

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Clark Neily

@ConLawWarrior

2 years

@PaulMSherman USPS: “When you need to mail somebody a chunk of white dwarf—the Post Office has you covered.”

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Clark Neily

@ConLawWarrior

3 years

A society that threatens a 71 year old man with a felony conviction and three years in prison for [checks notes] drawing on a gym floor with a magic marker has lost its friggin’ mind.

A pickleball player, 71, drew marks on a public court. He faces a felony.

Pickleball player Arslan Guney, 71, faces a felony criminal mischief charge after drawing on a public court in Denver.

www.washingtonpost.com

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Clark Neily

@ConLawWarrior

4 years

Friendly note to conservative criminal justice Twitter: You may not remember that you staked your credibility to the proposition that Breonna Taylor’s death was the result of standard everyday police work, but we do. And you know what? You were right—just not the way you thought.

reason

@reason

4 years

According to newly released transcripts of interviews with Louisville police officers, they knew a month before they invaded Breonna Taylor's home that the "suspicious packages" that supposedly justified the raid came from Amazon.

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Clark Neily

@ConLawWarrior

4 years

Does anyone seriously doubt that if we started putting Ivy League students in prison for 10, 20, or 30 years for selling pot, adderall, etc. to their classmates, the drug war would end within months?

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Clark Neily

@ConLawWarrior

2 years

Name a vocation that has no duty to do its job properly; no duty to serve its customers; and effectively no employer liability or personal liability because taxpayers almost always pick up the tab for its torts. Plus a magic get-out-of-responsibility-free card from the judiciary.

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Clark Neily

@ConLawWarrior

5 years

Spectacular use of the “exonerative tense” for law enforcement here. Defies parody. Bravo.

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Clark Neily

@ConLawWarrior

5 years

This is felony child abuse. Any non-LEO would be in jail already, possibly w/o bond. But because the offender here is a cop, there first has to be a whole bunch of slow-motion navel-gazing by prosecutors before they decide for sure which way the political winds are blowing.

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Clark Neily

@ConLawWarrior

5 months

Judge Carlton Reeves has criticized qualified immunity before, but wow, he really cut loose this time. It's extremely rare for a sitting judge to express this level of disdain for a legal doctrine that SCOTUS has consistently and repeatedly affirmed. /1

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Clark Neily

@ConLawWarrior

4 years

Nearly all of SCOTUS’s most reviled cases—including Dred Scott (slavery), Plessy (separate-but-equal), and Buck v Bell (eugenics)—involved acceding to democratically enacted policies. I can think of no higher compliment to pay a judge than to characterize her as “antidemocratic.”

Los Angeles Times

@latimes

4 years

Op-Ed: Why Judge Barrett's legal philosophy is deeply antidemocratic (via @latimesopinion )

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Clark Neily

@ConLawWarrior

3 years

Can you imagine if the two Rittenhouse prosecutors had to take all their cases to trial instead of inducing guilty pleas, which is the way 95% of criminal convictions are obtained in our system today? No doubt they'd soon be looking for other work—as they should be.

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Clark Neily

@ConLawWarrior

2 years

HUGE decision from the CA10 today holding (finally!) that there *is* a constitutional right to record police in public and that it was CLEARLY ESTABLISHED in 2019 when this cop violated it. And you know what that means… #AbolishQI #EndQualifiedImmunity

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Clark Neily

@ConLawWarrior

4 years

If you find yourself making excuses for your employees who pointed guns at a 6yo girl and tried to handcuff her unsuccessfully (because her 6yo wrists were too small), you should seek spiritual guidance, because my brother/sister—you are on the WRONG path.

Thanks to Colorado's Reforms, Cops Who Forced Children To Lie on the Pavement at Gunpoint Might Be...

In Aurora, Colorado, police officers ordered a terrified 6-year-old girl out of a car at gunpoint and then tried to handcuff her, only to find that they

reason.com

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Clark Neily

@ConLawWarrior

4 years

1. The frustration we're seeing now is 100% legit. 2. Police are held to a VASTLY lower standard with respect to criminal/civil liability. 3. Much of the blame rests w/ judges and prosecutors who are the architects of our near-zero accountability policy for law enforcement.

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Clark Neily

@ConLawWarrior

4 years

I would strongly urge conservatives who wish to maintain their credibility in the criminal justice space to stop misrepresenting what happened in the Breonna Taylor case: 1. The cops DID have a no-knock warrant. This is undisputed.

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Clark Neily

@ConLawWarrior

3 years

Remember that scene in A Few Good Men when Jack Nicholson admits he ordered the code red and Tom Cruise is so shocked he doesn't even know what to say next? This is exactly like that. #AbolishQI #EndQualifiedImmunity @AbolishQI

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Clark Neily

@ConLawWarrior

6 years

Being caught w condoms results in extra charges for alleged prostitutes, evidently to increase prosecutors' plea leverage. Which is more plausible: that they're too stupid to appreciate the disastrous consequences of that policy or too heartless to care?

Condoms criminalized in Allegheny County prostitution cases

Samantha Sabatini likely would have avoided time in Allegheny County Jail if she didn't have 11 condoms with her when she was busted for prostitution in 2012. The prostitution charge against Sabati...

archive.triblive.com

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Clark Neily

@ConLawWarrior

2 years

If you’re a bright young lawyer who works for an SG/AG’s office where you assert or defend on appeal the assertion of qualified immunity, absolute prosecutorial immunity, and assorted other avoidance doctrines to defeat substantively meritorious civil rights claims—quit. Tonight.

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Clark Neily

@ConLawWarrior

5 years

@danimargo Govt should have to put up a per diem bond when it seeks PT detention and forfeit the bond to anyone who doesn’t end up getting convicted. And the $$ for the bonds should come out of law enforcement salaries to help them focus on the importance of avoiding wrongful incarceration.

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Clark Neily

@ConLawWarrior

3 years

Most of us have committed criminal offenses for which we’ve never been charged. But the system has no rational principle for deciding which subset of “offenders” to prosecute. So we feed the ravenous conviction machine with those who are least able to push back. It’s a disgrace.

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Clark Neily

@ConLawWarrior

6 years

After nearly 20 yrs as a civil constitutional lawyer, my reaction to criminal justice was what I imagine a surgeon would feel if he walked into a hospital where no one washes their hands, instruments are not cleaned between procedures, and the OR is in the loo.

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Clark Neily

@ConLawWarrior

7 years

"Words cannot express how deeply we regret that one of our officers got caught on video behaving the way he typically does."

CNN

@CNN

7 years

Salt Lake City police apologize for arresting Utah nurse who refused to draw blood from a patient

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Clark Neily

@ConLawWarrior

3 years

Serious proposal: Harness the irrationality of COVID vax-decliners by giving away a free Powerball ticket with each dose.

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Clark Neily

@ConLawWarrior

4 years

Look, SCOTUS: more of those split-second decisions in the field for which police need the infantilizing protection of qualified immunity. #AbolishQI

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Clark Neily

@ConLawWarrior

1 year

@imillhiser Serious question: Do you think there are many people who are a) eligible for loan forgiveness under that order; b) think President Biden/DoEd plausibly had the power to do it; and c) truly on the fence about voting R or D? Seems like a vanishingly small demographic to me.

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Clark Neily

@ConLawWarrior

1 year

This video illustrates the true rule of qualified immunity. It’s not about protecting cops from frivolous lawsuits—it’s about ensuring they rarely have to justify themselves to a jury. QI is lawless doctrine invented out of whole cloth by a former-prosecutor-heavy judiciary.

𝙼𝚁. 𝙻𝙴𝙰𝙳𝚂𝙻𝙸𝙽𝙶𝙴𝚁

@Lead_Flinger

1 year

This video is infuriating. Dude walking to work in the morning stopped because he fits the description and gets body slammed and seriously injured while questioning why he’s suddenly being detained. Of course the cop refused to admit he had the wrong guy and they tried charging

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Clark Neily

@ConLawWarrior

3 years

Here’s a radical idea: Maybe cops shouldn’t be having involuntary interactions with citizens unless there’s enough at stake for society to justify a loss of life.

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Clark Neily

@ConLawWarrior

6 months

What an incredible story. Man saved from false murder charge because Curb Your Enthusiasm happened to be filiming an episode at Dodger stadium and got him on camera, thus supporting his alibi. Prosecutors refused to drop charges—judge dismissed at trial.

How Curb Your Enthusiasm Saved an Innocent Man From Jail | Curb Your...

Curb Cracks the Case. Stream the latest episode of HBO Original #CurbYourEnthusiasm on @StreamOnMax. ABOUT HBOHBO is home to the shows and films that everyon...

www.youtube.com

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Clark Neily

@ConLawWarrior

3 months

If the choice is between incompetence or an elaborate conspiracy with meticulous planning, multiple moving parts, and perfect precision, trust me—the correct answer is going to be incompetence.

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Clark Neily

@ConLawWarrior

4 years

Something many people unfamiliar with our CJ system don’t seem to realize is that it is utterly commonplace for agents of the state to barge into your home with weapons drawn and point guns at every member of your family. This is not considered a big deal at all by cops or courts

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Clark Neily

@ConLawWarrior

6 years

One of the most important divides in America today is between people who think what’s depicted in this video is exceptional and people who know that it’s routine.

T. Greg Doucette

@greg_doucette

6 years

In tonight's criminal justice news, just your usual casual police violence from the Lee County (FL) Sheriff's Office – caught on camera (1st Rule of @fsckemall remains undefeated) News story here: Video from @brycherrera1 here:

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Clark Neily

@ConLawWarrior

6 years

What’s appropriate punishment for a prosecutor whose deliberate suppression of exculpatory evidence resulted in false homicide conviction that sent innocent man to prison for 25yrs, effectively orphaned his son and resulted and at least one additional murder by the actual killer?

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Clark Neily

@ConLawWarrior

9 months

US police are very good at going after low-hanging fruit like traffic infractions, nonsense regulatory infractions, and low-level drug crimes—which is why ~80% of arrests are for misdemeanors. But they’re just awful at solving serious crimes like murder and rape, which is why /1

Citizen Free Press

@CitizenFreePres

9 months

State troopers raided Amos Miller's organic farm in Pennsylvania today. The farm specializes in selling raw milk, organic eggs, grass-fed beef and other nutritious foods to private buyers.

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Clark Neily

@ConLawWarrior

1 year

Do I pull my punches? No, no I do not.

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Clark Neily

@ConLawWarrior

4 years

Cop lies about traffic stop, framing innocent man for battery on a PO. Man exonerates himself by canvassing neighborhood til he finds door-cam footage. Cop should go to prison, but of course he won't because accountability only runs one way in our system.

Home surveillance camera shows officer lied on report when charging man with major crimes

A Lake Wales man, who could have been sent to prison for years based on the claims in a police report, was saved by a home surveillance camera. It showed he didn’t attack an officer, as claimed in...

www.abcactionnews.com

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Clark Neily

@ConLawWarrior

2 years

And guess what, my friends? That is *precisely* how the system was designed to work. And we have thrown it all away. Shame on us.

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Clark Neily

@ConLawWarrior

3 years

If you’re wondering whether it’s legal for you to bribe a witness, here’s a simple test: Look in the mirror. Do you see a prosecutor? If not, then you cannot bribe a witness.

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Clark Neily

@ConLawWarrior

3 years

Biden: Gun manufacturers are the only entity in America that can’t be sued. 100% false—they can. The only two vocations in America that *really* can’t be sued are judges and prosecutors.

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Clark Neily

@ConLawWarrior

6 months

If feds show up unannounced at your house or place of business and say they “just want to chat,” understand that what they’re really there to do is waltz you into a false-statements charge and take notes about the convo that will bear scant relation to anything you actually said.

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Clark Neily

@ConLawWarrior

3 years

I feel seen.

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Clark Neily

@ConLawWarrior

5 years

This is so evocative of the whole CJ system. Reflexively cruel, self-defeating, and stupid. Utterly disconnected from its own ostensible goals. Brainless. Heartless.

Cop Crisis

@copcrisis

5 years

West Virginia charges prisoners 3 cents a minute to read e-books from free library, despite earning less than $1 an hour

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Clark Neily

@ConLawWarrior

2 years

What it conveys to me, among other things, is a deeply pathological institutional culture in which officers have internalized the notion that they are entitled to act as they see fit in the moment without being second-guessed—and certainly not by anyone who’s not a cop. /2

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Clark Neily

@ConLawWarrior

3 years

How a system that routinely—routinely, mind you—conducts itself this way can possibly think it deserves the public’s support, trust, or respect is beyond me. I could tell story after story after story like this from my 20+ yrs as a public interest lawyer.

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Clark Neily

@ConLawWarrior

4 years

Peak DOJ: They threatened Lori Loughlin with 20 years and settled for 2 months. Hope everyone understands they do that to not-rich/not-famous/not-political people too. In fact, that's mostly who they do it to.

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Clark Neily

@ConLawWarrior

3 years

Tragic shooting of Amir Locke in Minneapolis. Recipe: -One part warrior-police culture -Three parts Progressive disdain for gun rights and lawful self-defense -Two parts qualified immunity -Healthy dash of “whatever it takes to go home alive at the end of my shift” =Tragedy

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Clark Neily

@ConLawWarrior

5 years

Ask yourself which is more reprehensible—possessing drugs or framing someone for possessing drugs while simultaneously violating your oath to protect and to serve? There are two answers: the sane one, and the one our criminal justice system provides:

Judge Goes Easy on Crying Cop Who Planted Drugs

The officer avoided jail time and got probation instead.

nymag.com

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Clark Neily

@ConLawWarrior

4 years

Derek Chauvin’s defense is that he acted according to his training when he systematically choked the life out of a helpless, handcuffed human being over a period of more than 9 minutes. I don’t expect Procarceral Twitter to weigh in, but it should keep the rest of us up at night.

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Clark Neily

@ConLawWarrior

3 years

Let’s do a thread on shocking things about our CJ system that make a mockery of due process. I’ll start: -Use of acquitted conduct at sentencing -Prosecutors can compensate witnesses but other lawyers can’t -Absolute prosecutorial immunity -Nakedly coercive plea “bargaining” Go.

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Clark Neily

@ConLawWarrior

3 months

I’m not political, but here’s my take from the debate: It is *astonishing* how deliberately and cynically we have been lied to by our political leaders, and how utterly untrustworthy they are. Which drives home how vital it is to constrain their power in every conceivable way.

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@ConLawWarrior

5 years

@DrRJKavanagh Maybe cops would stop acting w such jaw-dropping inhumanity if they had to justify this kind of behavior to fellow citizens in a civil jury trial from time to time, instead of being dealt the almost-inevitable qualified-immunity free pass from Article III co-counsel. @AbolishQI

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Clark Neily

@ConLawWarrior

6 years

Wow, this is like a law school final exam—see if you can list all the crimes and torts this cop commits in just over one minute.

The Appeal

@theappeal

6 years

An El Paso cop pointed his gun at a group of children. A boy is pulled to the ground & handcuffed. The cop extends his nightstick & yells at the group to get back. Then the boy recording the video is handcuffed. Video: Article:

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Clark Neily

@ConLawWarrior

4 years

Every officer present had a duty to intervene—and failing that, to arrest this violent, badge-wearing criminal for assault. They didn’t. They never do. And yet they wonder why people hold their vocation in such low regard.

Fifty Shades of Whey

@davenewworld_2

4 years

Police officer in Portland violently shoves a complying protester from behind

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Clark Neily

@ConLawWarrior

2 years

Police know perfectly well who the bad apples in their department are. If we taxpayers stop indemnifying them for civil rights damages and start requiring that those awards be paid out of police pension funds, those bad apples will be out of work very quickly.

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Clark Neily

@ConLawWarrior

4 years

Does anyone know if there's an officially approved collective noun for a group of quislings? Asking for 81.3 million fellow citizens—give or take.

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Clark Neily

@ConLawWarrior

1 year

@JCSchwartzProf @lawlibertarian This may be the best thing I’ve seen on Twitter all year. It’s like somebody who just got the high score on Guitar Hero spouting off about music theory and not realizing they’re talking to Eric F’ing Clapton.

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Clark Neily

@ConLawWarrior

3 years

I think a really rad idea for reforming SCOTUS would be to have a non-trivial number of justices who spent their careers challenging the govt in court instead of representing it.

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Clark Neily

@ConLawWarrior

4 years

Oh, no—not again!

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Clark Neily

@ConLawWarrior

2 years

This is madness. People who are clothed with the extraordinary authority, discretion, and hardware that cops possess must understand that they are agents who must be willing and able to justify every decision they make on the job to the principles who hired and employ them—us. /3

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@ConLawWarrior

2 years

1/ Utterly despicable abuse of power in CO, where school admin is facing child porn charges for recording evidence on his phone during bona fide sexting investigation. Prosecutors are threatening 32yrs while offering misdemeanor obstruction if he pleads.

Case of Eastern Colorado principal, accused of sexual exploitation after investigating student...

Under Colorado law, even unintentionally possessing explicit images of kids is akin to having child pornography. The man faces up to 12 years in prison.

coloradosun.com

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Clark Neily

@ConLawWarrior

4 years

“If you’re talking, your breathing” (to pinned suspect) has to be one of the most despicable cop-quotes I’ve ever heard, and I’ve heard it several times recently. Or hey, here’s a thought: Maybe he’s using his last breath on earth to tell you that you’re killing him—literally.

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Clark Neily

@ConLawWarrior

2 years

Gotta hand it to Procarceral Twitter: “The campaign to end qualified immunity killed all those kids in Uvalde” is the most morally debased take on social media this month—and my God, that’s saying something.

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Clark Neily

@ConLawWarrior

7 months

@PaulMSherman And it’s not even like there’s such a thing as blue lung disease.

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Clark Neily

@ConLawWarrior

2 years

SCOTUS set the table for the current tragedy by inventing a legal defense for cops and other rights-violating govt officials called qualified immunity. As this piece by my colleague @jay_schweikert notes, it’s been a legal, practical, and moral failure. /1

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Clark Neily

@ConLawWarrior

1 year

When you threaten someone with 20 years in prison and then offer them a no-jail-time misdemeanor, you know what their guilty plea tells you about their culpability? Nothing whatsoever. Because it’s just as rational for an innocent person to take that deal as a for guilty person.

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Clark Neily

@ConLawWarrior

4 years

I’ve said it before and I’ll say it again: When govt locks people up pretrial, it should have to put up a bond that increases daily and is forfeited to the defendant if there’s no conviction. It’s insane that this is not already a requirement.

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Clark Neily

@ConLawWarrior

3 years

If I had to pick one thing people most misunderstand about law enforcement, it’s how incredibly deceitful and untrustworthy it is as an institution. US law enforcement has embraced deceit as a legitimate tactic, and they lie with abandon. Trust nothing a cop says to you, ever.

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Clark Neily

@ConLawWarrior

5 years

Yet another way to utterly destroy the moral authority of a criminal justice system: When you lie to a federal agent, it’s a 5-year felony; when they lie to you—including deliberately misrepresenting their legal authority to make an arrest—it’s just business as usual.

Matt Gale

@MGInvestigates

5 years

@popelizbet @Jarlent They will have these. These are not search warrants. If they show you these and demand entry to your home, vehicle, or business, you are fully within your rights to tell them to go eat a dick.

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Clark Neily

@ConLawWarrior

4 years

Congress wisely created a strict-liability regime for civil rights violations. SCOTUS unwisely and illegitimately gutted it, abetted by conservatives who would normally condemn such "legislating from the bench." Their inconsistency does them no credit.

To Make Police Accountable, End Qualified Immunity

In their preference for a policy that protects police, conservatives abandon their commitment to textualism and embrace pro-government judicial activism.

www.thebulwark.com

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Clark Neily

@ConLawWarrior

3 years

You may have zero sympathy for Kyle Rittenhouse, but he—like every defendant—deserves a fair trial. And if the govt can get away with this kind of crap in a high-profile case, just imagine what it pulls in low-profile ones.

REPORT: FBI Lost HD Rittenhouse Video, Never Told The Defense It Existed

Unseen footage allegedly taken by the FBI from the night of the Kyle Rittenhouse shooting has surfaced during day two of his trial in Kenosha.

dailycaller.com

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Clark Neily

@ConLawWarrior

3 years

We've created a system in which police may plausibly suspect just about anyone of having committed a criminal offense. So they act accordingly, even during seemingy low-level interactions like traffic stops. Which vastly raises the stakes on both sides. Overcriminalization kills.

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Clark Neily

@ConLawWarrior

4 years

This @radleybalko piece is THE definitive take on the Breonna Taylor tragedy. Hope my conservative friends will pay particular attention to where he demonstrates how self-servingly incomplete/misleading AG Cameron’s misrepresentation of events was.

Opinion | Correcting the misinformation about Breonna Taylor

Daniel Cameron’s press conference may have won praise from Trump, but what he said was misleading and irresponsible.

www.washingtonpost.com

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Clark Neily

@ConLawWarrior

1 year

Police have killed far more people enforcing marijuana prohibition than marijuana itself has killed. Which is completely bonkers when you think about it.

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Clark Neily

@ConLawWarrior

3 years

One thing we have to talk about is why cops are so into traffic enforcement and why they'll fight hard not to have it taken away from them: 1. Cars are basically a 4Am-free zone, which means traffic stops are GREAT for conducting fishing expeditions to look for evidence of crime

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