Notices by David Nathanson (d_j_nathanson@esq.social)

ICE Used Kids as 'Bait' to Arrest Woman in Worcester, Massachusetts
h/t @tsyum
https://www.rollingstone.com/politics/politics-features/ice-kids-bait-arrest-woman-worcester-massachusetts-1235338539/

Don't starve children. There is no justification for starving a child, ever.

We have to make the people who have the power to stop the starving of children do just that.

@LinuxAndYarn
In a police interrogation, invoking the right to silence or invoking the right to counsel should end the interrogation.

But, in a police interrogation, if you spontaneously begin offering statements after having invoked your rights, they are allowed to resume questioning. That’s what you’re talking about, I think.

In a *grand jury* you must invoke question by question.

As with every #STFUfriday post, I'm a lawyer in the USA. These comments are based on law in the USA. (And they apply to all people in the USA, whether or not they are citizens.) Some US states provide more protections than this. /end

4. They may give you immunity, eliminating your 5th & potentially forcing you to testify because you no longer would be incriminating yourself.

Here is an older but pretty accurate and readable summary about federal grand juries. It’s written from an activist perspective. Get a lawyer’s advice about your specific situation. Not everyone is best served by everything recommended in here. Things get crazy real fast.
https://www.indybay.org/uploads/2008/10/03/grandjuries-infosheet.pdf

Additional resources here:
https://www.nlg.org/massdefenseprogram/anti-oppression-resources/

3/🧵

Things you need to know:

1. If you are subpoenaed to a federal grand jury, you don’t have a right to have a lawyer with you in the grand jury room. BUT, you have the right to write down the question, leave the room, go talk to your lawyer in the hallway, and then come back.

2. In Massachusetts state courts, your lawyer can be with you, but cannot object. They’re only there to consult with you.

3. Asserting your 5th Amendment rights is question by question, not blanket.

2/🧵

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

- I am not discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to talk to a lawyer.

If you are subpoenaed to a grand jury, call time out!

Grand juries are often used to intimidate activists.

Before responding to the subpoena or answering any questions, TIME OUT! 🧵

#TuneTuesday #WindMusic

So much better than the original ...

Ramsey Lewis Trio - Summer Breeze (1973)
https://www.youtube.com/watch?v=u6j6Zk945ZY

It’s #STFUfriday!
When cops ask you questions, ask for a lawyer and then STFU:

- I am not discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to talk to a lawyer.

Our non-citizen siblings are in danger in the US. Here’s something worth a read.

https://www.aclu.org/know-your-rights/immigrants-rights#i-was-stopped-by-police-ice-or-border-patrol-while-in-transit

The government is defying the law in many cases. I'm not sure what to do with that as a lawyer 🧵

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

- I am not discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to talk to a lawyer.

Cops or the FBI may come to your door asking about someone else. Maybe that's a lie, maybe not. Either way, say, "I want to talk to a lawyer first." DO NOT LIE THAT YOU DO NOT KNOW THEM! STFU! /1

#TuneTuesday #TrainingMontage

This one is easy. I save pullups for the end of the workout because I hate them. This song gets me through it every time.

Poison Idea - Discontent (metallic punk)
https://www.youtube.com/watch?v=eLwFSp1U6Ls

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

- I am not discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to talk to a lawyer.

It's March. And talking to the cops without a lawyer is madness.

If cops start questioning you ...

#ThursdayFiveList
#TheElementsOfFive
Air, Water, Earth, Fire, Metal
I can't do one each. 5 each.

AIR
Zeal and Ardor - I Can’t Breathe (CW: 2 mins of silence at end is the point)
https://www.youtube.com/watch?v=wAd33PugSmU

Talib Kweli Feat. DJ Quik - Put It In The Air
https://www.youtube.com/watch?v=0uN7yMC9QFE

The Ataris – Summer Wind Was Always Our Song (pop punk)
https://theataris.bandcamp.com/track/summer-wind-was-always-our-song

Muncie Girls - Gone With the Wind (melodic punk)
https://www.youtube.com/watch?v=xOOsmNtSM2Q

Agoraphobic Nosebleed – Glass Tornado
https://www.youtube.com/watch?v=DZzEdeDpVOY

But they’ll let you use a phone. If you have a lawyer’s number, great. They could come to the station, talk to you, and try to get you bailed.

If it’s during business hours, calling the local public defender’s office is fine but they likely don’t have the bandwidth to cover both courts and police stations. A very few jurisdictions do have programs to respond to police stations. Slightly more jurisdictions have programs to respond to police stations for juveniles being questioned. /3

If you’re in custody (say, at the station) and you ask for a lawyer, they have to stop questioning. You have to be clear and unequivocal and not initiate further conversation. But if you follow those rules, asking for a lawyer is one the strongest protections in US law.

The cops then have to decide whether to charge you based on what they already have or let you go. You’re calling their bluff. /2

In response to my #STFUfriday posts, people sometimes ask what happens when you ask for a lawyer. What's the process for getting a lawyer?

Depends. The takeaway is this: even if you can’t get a lawyer right away, a night in jail waiting for court and a lawyer is far less painful than potentially years behind bars because you didn’t STFU. 🧵

As someone who has been involved in trying to help people returning from prison, I can say that this article is accurate and well done.

Simple things can destroy a life even for the most motivated, most reformed person.

If you leave prison without ID, you can't get a bank account. No bank account, no housing, even if you could pay. And probably no job.

We've got to stop punishing people forever. Helping people reintegrate makes us safer and more productive.

https://www.bostonglobe.com/2025/02/11/metro/prison-reentry-rehabilitation-corrections/

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

- I am not discussing how I’m doing or where I’m going.

- Am I free to leave?

- I am not answering any questions.

- If they ask to search anything: "I do not consent to a search."

- I want to talk to a lawyer.

States can provide greater protections than the feds. People should push state legislators and judicial candidates to reject authoritarian federal rules and say, “We don’t do that here.”

For example ...

One of the heroes of the American Revolution and the founder of the United States Cavalry, Gen. Casimir Pulaski, was intersex. How do you like them apples?

Great podcast from @dirtysexyhistory
https://dirtysexyhistory.com/2022/10/11/casimir-pulaski-intersex-hero-of-the-revolutionary-war/

I am once again asking people to re-think glorying in the word "felon."

People like it because they think it stigmatizes Trump.

But perpetuating that stigma means dragging along a lot of overpoliced BIPOC and LGBTQ people with that perpetuated stigma.

I think @mekkaokereke said something to the effect of "Black people hear that shit when you say it."

So think about what we're losing, what we have actually lost, and who is getting turned off when people play that game.