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prestonjbyrne's profile
Preston Byrne
Preston Byrne
Preston Byrne
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@prestonjbyrne

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Preston ByrneVerified account

@prestonjbyrne

Partner @AndersonKillLaw | Libertarian | Marmot herder

prestonbyrne.com
Joined June 2010

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    1. Preston Byrne‏Verified account @prestonjbyrne May 31

      Preston Byrne Retweeted Donald J. Trump

      First Amendment implications. Difficult to designate U.S. groups as terrorist organizations due to the fact that Brandenburg v. Ohio protects advocacy of violence in a domestic context. If an overseas group, AEDPA applies, and unlawful activity can include nonviolent activities.https://twitter.com/realDonaldTrump/status/1267129644228247552 …

      Preston Byrne added,

      Donald J. TrumpVerified account @realDonaldTrump
      The United States of America will be designating ANTIFA as a Terrorist Organization.
      30 replies 53 retweets 121 likes
      Show this thread
    2. Preston Byrne‏Verified account @prestonjbyrne May 31

      Preston Byrne Retweeted Preston Byrne

      These issues crop up whether examining the activity of extreme right or extreme left groups. Expect litigation.https://twitter.com/prestonjbyrne/status/1267118220139470849?s=20 …

      Preston Byrne added,

      Preston ByrneVerified account @prestonjbyrne
      The Charlottesville case was tossed by a California judge in June 2019 (held: statute facially unconstitutional for overbreadth, infringing on First Amendment protected activities). Currently pending appeal in 9th cir.; I suspect more case law to follow. https://www.courthousenews.com/wp-content/uploads/2019/06/USvRundoetal-DISMISSAL.pdf … pic.twitter.com/IYtaEcRiug
      Show this thread
      1 reply 4 retweets 19 likes
      Show this thread
    3. Preston Byrne‏Verified account @prestonjbyrne May 31

      I expect the existence of large quantities of digital evidence will make prosecutions in the 2020s considerably different from the prosecutions of groups in the 1960s-70s, where the absence of records resulted in a lot of political crime going unanswered.

      1 reply 5 retweets 27 likes
      Show this thread
    4. Preston Byrne‏Verified account @prestonjbyrne May 31

      Preston Byrne Retweeted Bas Wisselink

      Good question. Only relevant if we are looking at it from an AEDPA/foreign point of view. From a U.S. perspective, banning a group is unconstitutional. Practical effect is that FBI/local LEA JTTFs have been given a green light to open investigations.https://twitter.com/DamelonBCWS/status/1267139813133737985?s=20 …

      Preston Byrne added,

      Bas Wisselink @DamelonBCWS
      Replying to @prestonjbyrne
      How does it work if a general name like antifa is claimed by many groups?
      1 reply 7 retweets 21 likes
      Show this thread
    5. Preston Byrne‏Verified account @prestonjbyrne May 31

      This differs from the position in, e.g., England and Wales, where the UK maintains a group of proscribed terrorist organizations in relation to which membership alone is a crime under Section 11, Terrorism Act 2000. That dog won't hunt in the USA. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/869496/20200228_Proscription.pdf …pic.twitter.com/SluuXD2jM0

      1 reply 3 retweets 17 likes
      Show this thread
    6. Preston Byrne‏Verified account @prestonjbyrne May 31

      Here’s the English statute for reference.pic.twitter.com/95VB6CNDIu

      1 reply 0 retweets 10 likes
      Show this thread
    7. Preston Byrne‏Verified account @prestonjbyrne May 31

      Preston Byrne Retweeted Chuck Callesto

      As I said a few tweets ago: "From a U.S. perspective, banning a group is unconstitutional. Practical effect is that FBI/local LEA JTTFs have been given a green light to open investigations." And there it is:https://twitter.com/ChuckCallesto/status/1267182576416043008?s=20 …

      Preston Byrne added,

      Chuck CallestoVerified account @ChuckCallesto
      BREAKING REPORT: AG Barr Has instructed all 56 Regional Joint Terrorism Task Forces (JTTF) to search our and apprehend ANTIFA leaders across the country.. DO YOU SUPPORT THIS MOVE?
      Show this thread
      16 replies 25 retweets 69 likes
      Show this thread
      Preston Byrne‏Verified account @prestonjbyrne May 31

      Preston Byrne Retweeted Jack Posobiec  🇺🇸

      As a result of this directive, law enforcement is likely to obtain all conversations anyone has ever had with major Antifa cell members using electronic communications, per warrants or 2703(d) Stored Communications Act orders, likely being written up now.https://twitter.com/JackPosobiec/status/1267195480108392451?s=20 …

      Preston Byrne added,

      Jack Posobiec  🇺🇸Verified account @JackPosobiec
      That's weird. A whole lot of media bros are really worried about AG Barr going after Antifa. Why is that?
      1:52 PM - 31 May 2020
      • 678 Retweets
      • 1,596 Likes
      • Smoon418 🇺🇸🟧 Successdeb Gail Joy Schlifka t ma potts PA King 🇻🇦🇺🇸🇩🇴 bob Fred Larry  & Robin Hazel
      53 replies 678 retweets 1,596 likes
        1. New conversation
        2. Preston Byrne‏Verified account @prestonjbyrne May 31

          Preston Byrne Retweeted Robert Barnes

          These are third party records. You can get them with a warrant or an order under 18 U.S.C. 2703(d) (which doesn't require probable cause).https://twitter.com/Barnes_Law/status/1267199060424916992?s=20 …

          Preston Byrne added,

          Robert Barnes @Barnes_Law
          Replying to @prestonjbyrne @JackPosobiec
          Where would that authority come from? That would appear to be 4th Amendment violations en masse.
          2 replies 9 retweets 55 likes
          Show this thread
        3. Preston Byrne‏Verified account @prestonjbyrne May 31

          You can also get non-communications subscriber information including transactional data or metadata with either a grand jury subpoena or a 2703(d) order, including such things as e.g. whom the target spoke to and when, but not the content of what was said.

          2 replies 5 retweets 36 likes
          Show this thread
        4. Preston Byrne‏Verified account @prestonjbyrne May 31

          Stored Communications Act search warrants are sweeping, asking for things like "all posts and direct messages." They're not like a search warrant for a house.

          4 replies 7 retweets 41 likes
          Show this thread
        5. Preston Byrne‏Verified account @prestonjbyrne May 31

          Preston Byrne Retweeted Hurleyville 2020  🐺

          Both very smart people for sure. I offer no normative claims, only descriptive ones. This thread is about how the world is, not how it should be.https://twitter.com/LawAndFooty/status/1267204364650844160?s=20 …

          Preston Byrne added,

          Hurleyville 2020  🐺 @LawAndFooty
          Replying to @prestonjbyrne
          Gorsuch and Sotomayor have best stance on this, that it’s bullshit. Both argue persuasively that people maintain an expectation of privacy in their private data even if its stored for them elsewhere by a third party. They expect that third party not to share w/o permission.
          0 replies 5 retweets 32 likes
          Show this thread
        6. End of conversation
        1. This Tweet is unavailable.
        2. Jerry Chan‏ @JerryCh04254312 May 31
          Replying to @moneyrulesfools @prestonjbyrne @JackPosobiec

          I would prefer to have them all take a short walk and a sudden drop. That way we do not have to pay to support them for the 20 years they will be in jail

          0 replies 0 retweets 5 likes
        3. End of conversation
        1. New conversation
        2. daventx‏ @daventx May 31
          Replying to @prestonjbyrne @JackPosobiec

          We are going to see alot of high profile bank account seized for funding terror.

          4 replies 6 retweets 34 likes
        3. This Tweet is unavailable.
        4. Show replies
        1. This Tweet is unavailable.
        2. Fred-182‏ @182Fred May 31
          Replying to @Michael91937224 @prestonjbyrne @JackPosobiec

          Is this part of "Obamagate" or something different?

          0 replies 0 retweets 1 like
        3. End of conversation

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