Gabriel Malor
@gabrielmalor.bsky.social
18K followers 190 following 8.9K posts
Oklahoman in Virginia. Appellate attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. [email protected]
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gabrielmalor.bsky.social
Low-key twitching that Rogue Trader even has romance options.
gabrielmalor.bsky.social
Whoever is responsible for this headline should be punished. Or promoted. Probably punished and promoted.
gabrielmalor.bsky.social
Depends on the tech they use, but this was happening to me in 2024 and I responded to one text "tell your manager that if they don't take me off this list I will donate $5 to your opponent for every text message I receive from your campaign" and it worked.
Reposted by Gabriel Malor
muellershewrote.com
NEW: Jim Jordan wants to question Jack Smith about his search of Mar-a-Lago, but Merrick Garland executed that search months before Jack Smith was even appointed. One of several lies in this letter demanding Jack Smith's testimony. judiciary.house.gov/sites/evo-su...
gabrielmalor.bsky.social
4th Cir.: customers who had their driver's license numbers stolen from their insurer's network by hackers and posted to the dark web have suffered a concrete injury sufficient to give them standing BUT not customers whose DL numbers were stolen and NOT posted.

www.ca4.uscourts.gov/opinions/231...
Bias, Cardenas, Holmes, and Shaw sued Elephant after their driver’s license
numbers were compromised in a breach of Elephant’s network. Cardenas and Holmes had
their driver’s license numbers then posted on the dark web. The publicity given to their
driver’s license numbers inflicted a concrete harm sufficient to establish an actual injuryin-fact. Accordingly, the two of them—along with anyone in their class, if their class is
certified—can seek damages for that injury. But they cannot recover any other form of
relief. And Bias and Shaw cannot recover at all. The requirements of Article III standing
prohibit plaintiffs from receiving redress for speculative future injuries or for injuries
incurred only in response to those speculative injuries. Accordingly, the judgment is
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
Reposted by Gabriel Malor
balderdasher.bsky.social
Why would the founders have concerns with non-state funding for military forces? I mean other than the rise of Pompey, Crassus, Caesar, Cataline, Lepidus, Mark Anthony, the crisis of the third century, Charles I's ship money, James II, George III's German mercs, the Stamp Act, The Townshend acts, th
Reposted by Gabriel Malor
chrislhayes.bsky.social
Unless and until some kind of compelling legal and moral argument is presented as to why this is a legitimate use of deadly force, this is just…mass murder.
gabrielmalor.bsky.social
*mutters*

doesn't seem very secret to me
gabrielmalor.bsky.social
Lawgeeks, worth a read -->
gabrielmalor.bsky.social
Fed. judge fines lawyer $5,000 for AI-generated filing that contained fabricated citations. He also has to alert future parties/judges.

"in this instance he used a Microsoft Word plug-in called Ghostwriter Legal to find additional cases to support the motion."

caselaw.findlaw.com/court/us-dis...
The Court further has no difficulty finding that Mr. Johnson's misconduct was more than mere recklessness. The Court notes that errors can happen in filings despite attorneys’ (and even judges’) best efforts. Yet the insertion of bogus citations is not a mere typographical error, nor the subject of reasonable debate. It is just wrong. There has been a plethora of general warnings from courts, bar associations, and the legal community at large about the risks of bogus citations generated by AI. Mr. Johnson even acknowledged that he was aware of such issues with other AI programs like ChatGPT. The fact he states he was unaware that a program such as Ghostwriter Legal could make such errors does not negate such a finding. Having been aware of the pitfalls of a failure to check citations supplied by another source, he still parroted citations generated by Ghostwriter Legal without verifying them. Ultimately such conduct reflects a complete and utter disregard for his professional duty of candor and is tantamount to bad faith. Thus, the Court will impose an appropriate sanction under its inherent authority.
gabrielmalor.bsky.social
Fed. judge fines lawyer $5,000 for AI-generated filing that contained fabricated citations. He also has to alert future parties/judges.

"in this instance he used a Microsoft Word plug-in called Ghostwriter Legal to find additional cases to support the motion."

caselaw.findlaw.com/court/us-dis...
The Court further has no difficulty finding that Mr. Johnson's misconduct was more than mere recklessness. The Court notes that errors can happen in filings despite attorneys’ (and even judges’) best efforts. Yet the insertion of bogus citations is not a mere typographical error, nor the subject of reasonable debate. It is just wrong. There has been a plethora of general warnings from courts, bar associations, and the legal community at large about the risks of bogus citations generated by AI. Mr. Johnson even acknowledged that he was aware of such issues with other AI programs like ChatGPT. The fact he states he was unaware that a program such as Ghostwriter Legal could make such errors does not negate such a finding. Having been aware of the pitfalls of a failure to check citations supplied by another source, he still parroted citations generated by Ghostwriter Legal without verifying them. Ultimately such conduct reflects a complete and utter disregard for his professional duty of candor and is tantamount to bad faith. Thus, the Court will impose an appropriate sanction under its inherent authority.
Reposted by Gabriel Malor
cjciaramella.bsky.social
damn, the GOP's so racist these days that they're gonna make me wear out my one good shitpost
A slight variation on the classic Onion headline: "Why Do All These White Nationalists Keep Infiltrating My Political Movement?"
gabrielmalor.bsky.social
10th Cir.: it did not violate the Fourth Amendment for police officer to peek through a window from a public walkway at a hotel (after the hotel manager said a guest matched the description of a carjacking suspect) to observe suspect with firearm.

ca10.uscourts.gov/sites/ca10/f...
Photos from the court decision of the exterior walkway with the exterior hotel room door and the window. The hotel was painted yellow. It's shitty. I should probably have called it a motel, but the court decision uses hotel.
gabrielmalor.bsky.social
3d Cir. will NOT rehear this decision en banc.

Judges Hardiman, Bibas, Porter, Matey, Phipps, and Bove (yes, him) dissent. Bove to "file a separate dissent sur rehearing on a later date."

Order --> www2.ca3.uscourts.gov/opinarch/251...
gabrielmalor.bsky.social
3d Cir. holds that Pennsylvania's law requiring otherwise valid mail-in ballots to be discarded if the return envelopes have missing or incorrect dates violates voter rights protected by the First and Fourteenth Amendments.

www2.ca3.uscourts.gov/opinarch/251...
Casting a ballot and having it counted are central to the
democratic process. And while we acknowledge a State’s
unique role in administering elections, courts are sometimes
called upon to make difficult decisions—decisions like the one
at hand that seek to weigh these interests with an eye towards
safeguarding the democratic process. This case is no
exception. While the Commonwealth has raised legitimate
interests related to voting, we see only tangential links, at best,
between these interests and the date requirement that
Pennsylvania imposes on mail-in voters. The date requirement
does not play a role in election administration, nor does it
contribute an added measure of solemnity beyond that created
by a signature. And only in the exceedingly rare circumstance
does it contribute to the prosecution of voter fraud.
Weighing these interests against the burden on voters, we
are unable to justify the Commonwealth’s practice of
discarding ballots contained in return envelopes with missing
or incorrect dates that has resulted in the disqualification of
thousands of presumably proper ballots. We will affirm the
District Court’s judgment.
Reposted by Gabriel Malor
cjciaramella.bsky.social
Ah, this is kind of juicy. According to the suit, Florida applied for FEMA grants on Aug. 7 without telling anyone.

The 11th Circuit order allowing the detention camp to reopen was built on the assumption that Florida hadn't yet applied for federal money.
screenshot of lawsuit linked above: "On August 26, 2025, FDEM appealed the preliminary injunction and sought a stay
pending appeal. Again, FDEM did not disclose that its application for federal funding had already
been submitted. The United States Court of Appeals for the Eleventh Circuit granted a stay of the
preliminary injunction on September 4, several times citing the “fact” that Defendant had not yet
applied for federal funding. Friends of the Everglades, Inc. v. Sec'y of United States Dep't of
Homeland Sec., No. 25-12873, 2025 WL 2598567, at *2 (11th Cir. Sept. 4, 2025) (“However,
Florida has not filed an application for federal funds…”); id. at *7 (“But that planned [grant]
program has not been ‘finalized’ yet, and DHS has not received … any applications for funding,
let alone any regarding the Facility); id. at *8 (“To receive funding … FDEM will need to send
an application to FEMA and comply with a host of regulatory prerequisites in support of that
application… “Without an application, there is simply nothing on which a decision can be
made.”; id. at *9 (“There may come a time when FDEP applies for FEMA funding. If the
Federal Defendants ultimately decide to approve that request and reimburse Florida for its
expenditures related to the Facility, they may need to first conduct an [Environmental Impact
Statement].” (emphases added)."
Reposted by Gabriel Malor
mford.bsky.social
Padres manager Mike Shildt said he retired in part because of death threats from sports bettors:
Mike Shildt says decision to retire was his own, but Padres questions remain
www.nytimes.com
Reposted by Gabriel Malor
walterolson.bsky.social
Federal taxpayer dollars should stop paying for propaganda videos vilifying the opposition party, and BWI and every other airport should say no. Travelers in airport security lines are captive audiences and roughly half voted for the party being vilified.
Reposted by Gabriel Malor
reichlinmelnick.bsky.social
A federal judge said "DHS, you cannot legally put this language into a grant." So what DHS did is... keep putting that language in grants — but with a new disclaimer saying it would only apply if the court order was struck down.

The judge was NOT happy.
rgoodlaw.bsky.social
Judge William Smith (W. Bush appointee): The Government has done "precisely what the ... [court's] Order forbids."

The case is Illinois v. FEMA

On Wednesday, we'll publish an updated catalogue of such judicial decisions on noncompliance with court orders at @justsecurity.org at the link below:
The “Presumption of Regularity” in Trump Administration Litigation
Comprehensive study of court cases involving Trump administration and the basis for courts no longer giving a "presumption of regularity."
www.justsecurity.org
gabrielmalor.bsky.social
It's amazing and also horrifying at how angry the fascists are that protesters are putting on inflatable costumes. Like they think it's unfair to highlight just how evil these cosplaying fascist fucks are.
timdickinson.bsky.social
The Portland ICE protest camp literally has a rack full of inflatable costumes for demonstrators who want to try one on...
gabrielmalor.bsky.social
Please, please never ever use the phrase "neck labia" ever again. I'm begging.
Reposted by Gabriel Malor
gabrielmalor.bsky.social
The gist from the Court here is that because the grand jury refused to indict them over the entirely fabricated claims, the criminal process did not get far enough to constitute a deprivation of liberty. Just deprivation of their future football careers, educations, and reputations.