Replying to Avatar dern

I appreciate that you’re well versed in litigation, i am too, but on the jury side of things.

My hunch is that their lawyers saw the writing on the wall: sufficient number of texts/tweets for prosecution to frame around their narrative, and that the SDNY operators might be trying to make an example of these devs for political or career reasons.

That’s why i asked how you’d think about a defense (generally, not specifically). I am thinking about it myself, i don’t have answers.

In any case, thanks for the thoughts. It’s nice to get the gears turning
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SuiGenerisJohn 1w ago 💬 1

I cant begrudge a person for settling out their case when they face a real personal threat, but the lack of support for their case up to the point where the plea deal was reached is curious to me, thats all. “Facts and evidence” are like 25% of what cases are about most of the time. The story and how it’s told is the bulk of it.

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dern 1w ago

Agree re 25%. Narrative is everything.

I think what I’m struggling with is believing that this case would have gone any differently with any amount of money. Delayed the outcome? Sure. But without that compelling narrative, this was always going to be a tough tough fight.

I’m thinking about it myself. If i come up with anything good re general defense arguments, I’ll be sure to share with whoever needs them pro bono