I wrote this four years ago, pointing out that the Swartz prosecution was political in nature. MIT and the US Attorney’s Office in Boston are responsible for his death. After his suicide, the Boston USAO lied, claiming that they had offered him a six-month plea bargain. That was and is a lie: The Federal Sentencing Guidelines provide a base sentence of 57-71 months in prison in this case, followed by 2 or 3 years of supervised release and no computer use during this time.

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An adjutorious arbitration; an archaic word but then again, in the law nothing is archaic. There has to be a good deal of good will and cooperation where the parties fail to provide for an arbitration clause, a dispute arises and they nevertheless agree to resolve their dispute amicably using ICC Arbitration. So “adjutorious” in the sense of “helping” them to resolve their dispute. Accessory or ancillary arbitration doesn’t work because such an arbitration is the principal one.

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You cannot applaud the assassination of Mohsen Fakhrizadeh in Iran while condemning the assassination of Khashoggi in Istanbul. (And if it’s OK for Israel, it’s OK for Saudi Arabia) A new law of war is needed: medium.com/@al_mu7am…

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Ronald Reagan left the White House when he was 77 years old after serving two terms. Joe Biden today is one year older than Reagan was at the end of his term and getting ready to begin his. Biden will be 82 at the end of his term.

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“There’s no freedom of religion unless you are free to worship Sumerian wind demons”

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Francis Scott Key, the author of the Star Spangled Banner, was an attorney in Maryland. And a slaveowner. John Marshall, the 13th Chief Justice of the United States Supreme Court, was a slaveowner too. He owned 150 slaves. He is the intellectual author of the principle of judicial review, found in the seminal case of Marbury v. Madison.

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It looks like Biden is the victor, assuming no court intervention. Whatever happens between now and January 20th, the Press will focus on Trump. They will not admit it, but they will miss him greatly. Unless he runs into Alberto Fujimori on the golf course, Trump will provide reliable entertainment as he has always done. The Press will clutch their pearls and say “how dare he?” Moreover, Trump will find a way to stay relevant.

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In describing an incident where feces were found in the marital bed that Amber Heard shared with Johnny Depp, Judge Andrew Nicol found that it is likely the feces were not human given that Heard’s dog “had an incomplete mastery of her bowels after she had accidentally consumed some marijuana.” So if someday you are accused of public defecation, point out to the officer that you merely had “an incomplete mastery of your bowels.

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We won’t know on election night and there’s the rub. The courts may give the election to Trump, as they did to Bush in 2000. Things may get violent. Trump will not go quietly. I think there will be several razor-thin elections in different states. It’s too close to call. What I can predict is this: whoever wins doesn’t matter. Nothing will change.

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