Ouch. That hurt.https://twitter.com/benwizner/status/758743065892827137 …
Do you seriously think this is even a close call under Brandenburg?
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Hard to compare it fact-wise to other cases. Not sure there is much of a comparable factual scenario. Do I think it could 1/2
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survive an initial MTD by a criminal defendant? Yes. Doesn't mean it would but I think it could.
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If you notice, I also said in the piece that DOJ wouldn't get into it.
End of conversation
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