I am going to put this out here. If someone would.... it would benefit us all if you could not only get all the stuff off of Aaron's phone but get into Drexel's phone. There is a treasure trove of shit on both of these devices. I would encourage the police (or others) to get both of these devices because it would bring down a lot of people. HINT HINT>
Why do you keep doing this shit? It's weird. Stfu.
We are under no constrains at all in how we discuss Rekieta. This thread isn't a lawtube stream. I just don't think it is particularly fair criticism to shit on lawyers who made a career discussing legal topics for discussing the legal aspects of the case. The legal arguments being discussed aren't particularly persuasive and they lack a lot of information such as the actual search warrant affidavit, but speculating about these things is the biggest reason people follow people like Legal Mindset in the first place. Wanting them to go into dramatics about how terrible of a person Nick is, is silly.
I've yet to hear really good, crisp legal assessments on this (which at bottom is not a particularly complex situation, legally speaking, so far), though I saw references in the last pages to one (legal mindset? Idk; don't follow many of them, for reasons below). But from what I've seen I'm not seeing purely dry legal analysis, but more taking sides in the
guise of its being a "legal" view.
There are many ways a lawyer can frame things to make it clear they are speaking in terms of legal probabilities, factors for consideration, etc., neutrally, and offer thoughts on which way they think it will fall with ifs and x, y, and z.
That's different than THIS IS BULLSHIT BECAUSE EVEN THOUGH THERE ARE THOUSANDS OF LAWS ON THE BOOKS ABOUT FIREARMS AND DRUGS IT'S A CLEAR CONSTITUTIONAL VIOLATION THEREFORE HE IS INNOCENT garbage.
These online lawyers also need to do better at knowing what they're talking about, getting it right, explaining it well (what and why), and being very clear when they are talking about technical "facts" and literal "facts."
Also different than the "IF" there were actually drugs in the house idiots. That's not legal analysis, nor any kind of legal assessment of the "it must be proven in court" variety. Yes, there is a difference between facts/falsehoods in the actual sense, and legally proved/unproven allegations, admissible/inadmissible evidence, and relative relevance or weight of admitted evidence. Duh. But they need to explain that repeatedly and avoid creating confusion.
It is a literal fact that - barring Hillary Clinton-level conspiracies to take down Nick Rekieta, powerful man, lol - there were drugs in the house. You can think of possible ways to get evidence of that thrown out - was the search legal/how many possible cracks in procedure/situation could you find for a toehold? You could think/talk about ways to challenge the accuracy of evidence down the road - are the weights correct, was the gun loaded, how far under the bed was it, was the safety on - not necessarily elements of any charge in particular, but perhaps useful in painting a picture, or in thinking about ways to get out of it in motion practice, trial, or negotiation. That's not the same as "he didn't do it."
Lawyers should make that clearer than clear. But instead they make personal opinion statements without clarifying they are not speaking as a lawyer or giving an informed professional assessment of the situation, and
vice versa. They should be as careful to say that they aren't suggesting he's innocent/not guilty, both factually and legally, just as much as they aren't suggesting he is.
Lawyers speaking publicly about law should also bother to familiarize themselves with the laws of the jurisdiction at issue, or some key definitions in a specific situation. Half of them haven't known what kinds of people are mandatory reporters, or bothered to acknowledge explain the mn sentencing guidelines (or get it close to right), neither of which take a lot of work to understand in broad strokes, particularly if you have any legal background and so know where to look for likely ballpark accurate/ source information, even if you have no criminal law experience. It's embarrassing to see, really. And yes, it's something of a strategy to avoid the appearance of a giving an actual legal opinion or advice. But seeing lawyers completely wing it, especially badly, is reckless and embarrassing.
And then you have the Barnes types with a drum to beat, and despite being wrong on or ignorant of or not caring about the facts here, just shout their usual mantra (2A, in this case). Tedious and dismissable out of hand. But people will give that weight without recognizing that for purposes of this situation right here and right now, that is a political goal, not a useful legal perspective. Especially when you won't or can't talk about "OK, so what if your Constitutional challenge (*which is not a challenge to any facts, just a challenge to the validity of the statute) fails?". And if a guy like that is not explaining that his opinion on the 2A is a) not about facts and b) 99.9999% not likely about whether Nick is likely to have to defend it and how he would fare/outcome, then he's not a responsible lawyer and doesn't love the law or respect his profession.
Addendum on Barnes: just now seeing the conspiracy idiocy. What a crock. Ridiculous on its face. Both in general and because Nick Rekieta is a small fish in a small pond, and his 28 cases of his entire career most certainly did not put the fear of God into the ptb of Kandiyohi County. Pure fantasy. I may need to hate-watch or hate-read him (in archives, preferably), because if what's posted here is accurate for what he's said, he should be ignored completely, and anyone signing onto what he's said should get some air.
Why are all these lawfags pretending that at any point in time in their lives having guns and drugs at the same time isn't an automatic trumped up federal felony? Weed is basically legal everywhere and it's still a federal felony to be in possession of guns and weed at the same time. You also can't even legally buy a gun from an FFL if you admit to simply USING weed on the 4473 form.
(I don't think you're getting the real gist of what "trumped up" typically means.)
And law's law until it isn't. You may not like it or think it's unfair, but plenty of people also think a $40 ticket for deciding not to feed the meter $3.00 is also unfair. But if you legitimately get that ticket and refuse to pay, instead going to court to tell a judge you shouldn't have to because public parking should be free, you'll just wind up with a judgment against you for the ticket and possibly some court fees tacked on. You broke the law; take it up with the legislature or the appellate process if you think there's a question of law.
There's nothing requiring Federal and state laws to be aligned. The Federal government has chosen not to object to states' legalizing marijuana, and the Feds rarely prosecute for anything short of trafficking, but they haven't made it legal Federally, either.
But on your specific point, the Supreme Court in 2022 (
Bruen) rejected the analytical standard in
Heller (2008 ) and opened the door for a determination that 922(g) (the relevant statute on firearm ownership and weed possession) is unconstitutional by reframing the analysis to one of whether a restriction has historically been applied. A few courts have ruled on the question and are in appeals. Appeals are stayed until the Supreme Court rules on
U.S. v Rahimi, set for this year. I believe Rahimi is about the prohibition on firearm ownership by people with a DV protection order, but the analysis would be the same.