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Assault on the Capitol (DC)

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Maybenaut
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Re: Assault on the Capitol (DC)

#926

Post by Maybenaut »

Did she pull into a garage? Looks like he followed her inside.
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Re: Assault on the Capitol (DC)

#927

Post by raison de arizona »

Looks like he is recording the service. I hope they release that, would love to hear the invective she is hurling at finally being served.
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Re: Assault on the Capitol (DC)

#928

Post by raison de arizona »

Maybenaut wrote: Tue Jun 08, 2021 7:16 am Did she pull into a garage? Looks like he followed her inside.
Would that be a no-no? I agree that it looks like he followed her into a garage.
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Re: Assault on the Capitol (DC)

#929

Post by bill_g »

covfefe wrote: Tue Jun 08, 2021 7:30 am
Maybenaut wrote: Tue Jun 08, 2021 7:16 am Did she pull into a garage? Looks like he followed her inside.
Would that be a no-no? I agree that it looks like he followed her into a garage.
Oh he definitely followed her into an open garage to serve the papers. Whether that constitutes a crime the local prosecutor wants to pursue is another matter. He obviously left as soon as possible, she was unharmed, and certainly not in fear for her life since she followed him back to his car. She even trusted him enough to stand behind his car as he attempted to back out to read his license plate. She was quite sure of herself at that point looking at her walk back to the house.

That was rather dumb of Brooks to release the video. It proves he was served. It also proves no crime was committed.
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Re: Assault on the Capitol (DC)

#930

Post by filly »

It is an interesting legal question as to whether an attached garage is part of your home.

In my experience, people who evade service of process are dirtbags. All of this, of course, could have been avoided if Mo's lawyer had just accepted service. It still doesn't answer the question, of course.
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Re: Assault on the Capitol (DC)

#931

Post by Maybenaut »

bill_g wrote: Tue Jun 08, 2021 8:23 am
That was rather dumb of Brooks to release the video. It proves he was served. It also proves no crime was committed.
I don’t know about that. The allegation is criminal trespass, no? Under Alabama law, criminal trespass is defined:

Section 13A-7-2. Criminal trespass in the first degree

(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.

(b) Criminal trespass in the first degree is a Class A misdemeanor.

Is an attached garage part of a dwelling in Alabama? I don’t know. Probably. But I don’t think the video proves no crime was committed.
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Re: Assault on the Capitol (DC)

#932

Post by bill_g »

Maybenaut wrote: Tue Jun 08, 2021 10:50 am
bill_g wrote: Tue Jun 08, 2021 8:23 am
That was rather dumb of Brooks to release the video. It proves he was served. It also proves no crime was committed.
I don’t know about that. The allegation is criminal trespass, no? Under Alabama law, criminal trespass is defined:

Section 13A-7-2. Criminal trespass in the first degree

(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.

(b) Criminal trespass in the first degree is a Class A misdemeanor.

Is an attached garage part of a dwelling in Alabama? I don’t know. Probably. But I don’t think the video proves no crime was committed.
Granted. I should have said violent crime. Brooks stated his wife was assaulted if I recall correctly. She was not. I also added the caveat of whether a prosecutor would want to follow up on this. Possibly. It may be low hanging fruit, or it may be a nothing burger. We shall see just how much clout Rep they-are-tourists Brooks is in his home district.
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Re: Assault on the Capitol (DC)

#933

Post by neeneko »

bill_g wrote: Tue Jun 08, 2021 11:00 am Granted. I should have said violent crime. Brooks stated his wife was assaulted if I recall correctly. She was not. I also added the caveat of whether a prosecutor would want to follow up on this. Possibly. It may be low hanging fruit, or it may be a nothing burger. We shall see just how much clout Rep they-are-tourists Brooks is in his home district.
I think the word he used was 'accosted' rather than 'assaulted'. Which I could kinda see in this video. Strange person speeds up the driveway behind her, jumps out of a car, and follows her into the garage? I could actually imagine that being kinda unsettling/scary and could potentially even get you shot.
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Re: Assault on the Capitol (DC)

#934

Post by Kendra »


This is important. Doug Jensen's attorney just acknowledged having trouble cutting deal w/ prosecutors

Just yesterday, in court filing, Jensen said he's "languishing" in jail & hopes to resolve case.

You could try to read the tea leaves about what the feds are offering....
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Re: Assault on the Capitol (DC)

#935

Post by Maybenaut »

bill_g wrote: Tue Jun 08, 2021 11:00 am
Maybenaut wrote: Tue Jun 08, 2021 10:50 am
bill_g wrote: Tue Jun 08, 2021 8:23 am
That was rather dumb of Brooks to release the video. It proves he was served. It also proves no crime was committed.
I don’t know about that. The allegation is criminal trespass, no? Under Alabama law, criminal trespass is defined:

Section 13A-7-2. Criminal trespass in the first degree

(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.

(b) Criminal trespass in the first degree is a Class A misdemeanor.

Is an attached garage part of a dwelling in Alabama? I don’t know. Probably. But I don’t think the video proves no crime was committed.
Granted. I should have said violent crime. Brooks stated his wife was assaulted if I recall correctly. She was not. I also added the caveat of whether a prosecutor would want to follow up on this. Possibly. It may be low hanging fruit, or it may be a nothing burger. We shall see just how much clout Rep they-are-tourists Brooks is in his home district.
I don’t know about that, either. She comes home from running an errand and as she’s getting out of her car some random dude comes running into her garage toward her. That would have scared the crap out of me. That she recovered once she realized he was a process server doesn’t matter. By then the assault was complete.

That’s my take, anyway, from an academic perspective. As you say, there is a world of difference between what constitutes an offense and what the state will prosecute.
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Re: Assault on the Capitol (DC)

#936

Post by Slim Cognito »

He wants Biden to step down after acknowledging trump is the true king of the world, then report immediately to the nearest federal prison.

If that's not it, I got nuthin'.

Edited to add this is about Jenson. Been trying not to overuse the quote button but sometimes I is slowz.
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Re: Assault on the Capitol (DC)

#937

Post by RVInit »

I believe the process server mentioned that she "hid" down the street once she realized a process server was attempting to serve her and he basically tricked her into thinking he was gone and then when she made the dash home he reappeared. She knew precisely who he was when he followed her toward the garage, so I'm not sure I would say from her point of view that a "stranger" all the sudden showed up. She knew he was lurking around and she likely knew exactly who it was (not his name, probably, but she knew it was the process server) once she realized she hadn't fooled him. It's hard to see in the video if he actually went into the garage or he could have stood at the entrance. I don't think the entrance to the garage is actually visible in this video, so I wouldn't be certain he walked into the actual garage.
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Re: Assault on the Capitol (DC)

#938

Post by Kendra »

:?:

Not a lawyer, but wouldn't they have to file a complaint with the local police before any charges could be considered?
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Re: Assault on the Capitol (DC)

#939

Post by Slim Cognito »

What is a process server allowed, or not allowed, to do? And special circumstances exceptions?
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Re: Assault on the Capitol (DC)

#940

Post by johnpcapitalist »

Kendra wrote: Tue Jun 08, 2021 11:06 am
This is important. Doug Jensen's attorney just acknowledged having trouble cutting deal w/ prosecutors

Just yesterday, in court filing, Jensen said he's "languishing" in jail & hopes to resolve case.

You could try to read the tea leaves about what the feds are offering....
Not sure what this guy did other than the usual 4 charges, but it wouldn't surprise me if the Feds would only take plea deals involving copping to a felony so No Moar Gunz, and the freedom-loving Trump supporters figure that this is even more humiliating than actual castration.
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Re: Assault on the Capitol (DC)

#941

Post by bob »

Slim Cognito wrote: Tue Jun 08, 2021 12:10 pm What is a process server allowed, or not allowed, to do? And special circumstances exceptions?
There are two separate issues: What can the server do, and whether the server's actions invalidate the service.

Because service of process is about providing notice (of the underlying lawsuit), there's less concern about how the notice is provided. A server, for example, can't use fraud to lure a defendant into a jurisdiction. But I've never seen a case where service was invalidated because the server trespassed, for example. And there are reasonable policy arguments on both sides: On one hand, the courts shouldn't reward the server's illegal behavior; on the other, delay favors the defendant, and a mini-trial over the legality of service is a form of not-free delay.

Too also: a lot of the "concerns" about a server's behavior would be avoided if the person just accepted service; so there's also a policy argument that you should not be able to complain about a situation you created. Recall Powell complained about how she was served; one of Klayman's clients did the same. Both were avoidable if they had consented, for example, to allow their attorneys to be served.

Process servers have no special authorization or immunity; there's no "licensed to serve." If a server commits a crime, such as burglary, trespass, assault, or battery, the server could be prosecuted. But that the server was, well, serving, may provide a defense if charges were filed. For example, burglary is entry into a dwelling with a felonious or larcenous intent. If a server entered with the intent to serve, there's no burglary because there's no felonious or larcenous intent.

Different states define the crime of trespass differently. Some states, for example, require no ability to access (fences and walls, for example); others require posting "no trespassing" signs; others require affirmatively telling a person to leave. And in some states, an open garage isn't considered part of the dwelling (nothing was "broken" to enter).

But determining whether, in Alabama, entry onto the curtilage (the property surrounding a house) and then into an open garage is trespass would require a dive in Alabama case law.

Which is not the same as whether a prosecutor will exercise discretion to prosecute.
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Re: Assault on the Capitol (DC)

#942

Post by Kendra »


NEW: Rep Eric Swalwell's private eye tells court how he served papers on Rep Mo Brooks (R-AL) in civil suit over alleged incitement of Insurrection

Federal court judge refused to allow US Marshals to serve papers.. citing separation of powers

So a P.I. did June 6
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Re: Assault on the Capitol (DC)

#943

Post by northland10 »

bob wrote: Tue Jun 08, 2021 1:13 pm Too also: a lot of the "concerns" about a server's behavior would be avoided if the person just accepted service; so there's also a policy argument that you should not be able to complain about a situation you created. Recall Powell complained about how she was served; one of Klayman's clients did the same. Both were avoidable if they had consented, for example, to allow their attorneys to be served.
Sometimes consent is not enough. Defendants in one of Klayman's cases against the Board of Professional Responsibility consented, without even being asked to, to receive service by mail. Klayman sent a Process server late at night anyway.

Granted, GIL most likely did it for the harassment, not the service.
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Re: Assault on the Capitol (DC)

#944

Post by fierceredpanda »

Given the extent to which Brooks has gone to duck service, I'm hardly sympathetic. Justice is not supposed be depend on whether or not a process server can catch you before you run inside.
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Re: Assault on the Capitol (DC)

#945

Post by Suranis »

Not seeing much of a problem in that video. Was the server devious as all hell? Absolutely. Criminal? Nope.
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Re: Assault on the Capitol (DC)

#946

Post by raison de arizona »

Suranis wrote: Tue Jun 08, 2021 6:02 pm Not seeing much of a problem in that video. Was the server devious as all hell? Absolutely. Criminal? Nope.
Pretending he left and then coming back is devious as all hell? I think you're giving the Brooks too much credit. Although I suppose they did manage to avoid it for quite awhile.
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Re: Assault on the Capitol (DC)

#947

Post by Suranis »

covfefe wrote: Tue Jun 08, 2021 6:07 pm Pretending he left and then coming back is devious as all hell? I think you're giving the Brooks too much credit. Although I suppose they did manage to avoid it for quite awhile.
I didn't know he pretended to leave and come back. I thought he had been watching the house for her to drive in, then booked it into the driveway, and ran in after her as she got out of the car.
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Re: Assault on the Capitol (DC)

#948

Post by raison de arizona »

Suranis wrote: Tue Jun 08, 2021 6:14 pm
covfefe wrote: Tue Jun 08, 2021 6:07 pm Pretending he left and then coming back is devious as all hell? I think you're giving the Brooks too much credit. Although I suppose they did manage to avoid it for quite awhile.
I didn't know he pretended to leave and come back. I thought he had been watching the house for her to drive in, then booked it into the driveway, and ran in after her as she got out of the car.
I was wrong about that, still not particularly devious though, after all that time and effort.
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Re: Assault on the Capitol (DC)

#949

Post by slq »

RVInit wrote: Tue Jun 08, 2021 11:48 am I believe the process server mentioned that she "hid" down the street once she realized a process server was attempting to serve her and he basically tricked her into thinking he was gone and then when she made the dash home he reappeared. She knew precisely who he was when he followed her toward the garage, so I'm not sure I would say from her point of view that a "stranger" all the sudden showed up. She knew he was lurking around and she likely knew exactly who it was (not his name, probably, but she knew it was the process server) once she realized she hadn't fooled him. It's hard to see in the video if he actually went into the garage or he could have stood at the entrance. I don't think the entrance to the garage is actually visible in this video, so I wouldn't be certain he walked into the actual garage.
Also, there was no need for her to get his license plate. The process server will file an affidavit (or Swalwell's attorney will file it). The affidavit will identify the process server.

ETA: I made this comment before I saw the copy of the affidavit. But, yeah, the affidavit is SOP.
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Re: Assault on the Capitol (DC)

#950

Post by noblepa »

Shouldn't Mrs. Brooks' license plate number be redacted?
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