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"A policeman's badge may well be a symbol of the community's trust, it should never be considered a license to oppression."
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Whitney W.
3.1K posts
Whitney W.
@WhitneyWJD
Criminal Justice funder. Former public defender. A consistent advocate for dismantling the system. Tweets are my own. STL ✈️ CHI ✈️ NYC
New York, USA Katılım Haziran 2014
565 Takip Edilen337 Takipçiler
Public defender pilot program sees early success - Magnolia Tribune
3 attorneys, 3 support staff and 1 investigator. More of this please.
magnoliatribune.com/2026/01/16/pub…
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This was kind of hard to read. If our court systems rely on pay-to-play schemes to dispense "justice," then we've lost the plot.
In Iowa, Prosecutors Want to Bring Back Court Fees as Bargaining Chips boltsmag.org/iowa-court-fee…
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Yikes
Moish Peltz@mpeltz
Your AI conversations aren't privileged. Yesterday, Judge Jed Rakoff ruled that 31 documents a defendant generated using an AI tool and later shared with his defense attorneys are not protected by attorney-client privilege or work product doctrine. The logic is simple: an AI tool is not an attorney. It has no law license, owes no duty of loyalty, and its terms of service explicitly disclaim any attorney-client relationship. Sharing case details with an AI platform is legally no different from talking through your legal situation with a friend (which is not privileged). You can't fix it after the fact, either. Sending unprivileged documents to your lawyer doesn't retroactively make them privileged. That's been settled law for years. It just hadn't been tested with AI until now. And here's what really hurt the defendant: the AI provider's privacy policy (Claude), in effect when he used the tool, expressly permits disclosure of user prompts and outputs to governmental authorities. There was no reasonable expectation of confidentiality. The core problem is the gap between how people experience AI and what's actually happening. The conversational interface feels private. It feels like talking to an advisor. But unless you negotiate for an enterprise agreement that says otherwise, you're inputting information into a third-party commercial platform that retains your data and reserves broad rights to disclose it. Judge Rakoff also flagged an interesting wrinkle: the defendant reportedly fed information from his attorneys into the AI tool. If prosecutors try to use these documents at trial, defense counsel could become a fact witness, potentially forcing a mistrial. Winning on privilege doesn't make the evidentiary picture simple. For anyone advising clients or managing legal risk, this is a wake-up call. AI tools are not a safe space for clients to process their counsel's advice and to regurgitate their legal strategy. Every prompt is a potential disclosure. Every output is a potentially discoverable document. So what do we do about it? First, attorneys need to be proactive. Advise clients explicitly that anything they put into an AI tool may be discoverable and is almost certainly not privileged. Put it in your engagement letters. Make it part of onboarding. Don't assume clients understand this, because most don't. Second, if clients want to use AI to help process legal issues (and they clearly will, increasingly), then let's give them a way to do it inside the privilege. Collaborative AI workspaces shared between attorney and client, where the AI interaction happens under counsel's direction and within the attorney-client relationship, can change the analysis entirely. I'm excited to be planning this kind of approach, and I think it's where the industry needs to head. storage.courtlistener.com/recap/gov.usco…
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Whitney W. retweetledi
They have been doing this consistently for a year, it’s shocking there is just now mainstream reporting being done on it. nytimes.com/2026/01/27/us/…
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I hope the state and local prosecutors find the courage to bring these cases. These officers need to be held accountable. nytimes.com/2026/01/26/opi…
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Whitney W. retweetledi
When Republicans jammed through the horrendous “Let Politicians Lie” bill on the very last day of session last year, I stood up and told all of them that it was unconstitutional and would be overturned.
My statement on today’s ruling:
“I told you so.” #moleg
The Kansas City Star@KCStar
‘Let Politicians Lie Act’ struck down by Missouri Supreme Court. What that means kansascity.com/news/politics-…
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Raised my eyebrows at this opinion article in the Chronicle of Philanthropy because the national groups EYE know aren’t using academic language to describe their work, but funders are. philanthropy.com/opinion/how-no…
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I just saw this picture in a Washington Post newsletter and had to laugh. Donald doesn't see stuff like this and feel bad about himself? He doesn't have any shame, does he?
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I missed this polling -- @YouGov poll found that 52% of U.S. adults surveyed disapprove (with 40% strongly disapprove) of how ICE is doing its job and, perhaps shockingly, 42% of U.S. adults said they support abolishing ICE entirely.
Well damn
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Great reel from @prosalliance featuring their Prison Visit Program, Pathways to Understanding, which continues to expand, with 80 prosecutors, victim advocates, and journalists participating in the program this year. youtube.com/shorts/jFMvXY7… via @YouTube
YouTube
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It's Not Just Murder That Is Falling Rapidly
Death rates from several causes in the US are falling fast.
open.substack.com/pub/jasher/p/i…
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I'm excited to share this resource on nonprofits adopting AI, which includes insights and next steps!
I'm grateful to support @Schusterman_Org grantees in turning AI curiosity into real capability—building tools that strengthen nonprofit impact.
schusterman.org/resource/from-…
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Whitney W. retweetledi
If you are a Democrat considering running for office next year - and candidate filing is still open - go do it now. You may not have a better opportunity to flip a district in your life, the national environment we are seeing for Rs is bad
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More than 70% of Dems and Republicans support charging parents for their child's gun crimes, and I'm shocked.
themarshallproject.org/2025/11/19/gal…
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How the Right Coopted Psychedelics @GQMagazine
“We have a duty indeed to catalog the hypocrisies, to count the lives wrecked by policies that jailed a teenager for a joint while a senator takes psilocybin on a ranch and writes about his feelings.” gq.com/story/how-the-…
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California’s Prop. 36 promised ‘mass treatment’ for defendants. A new study shows how it’s going
*spoiler alert* Not well.
calmatters.org/justice/2025/1…
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Federal drug prosecutions fall to the lowest level in decades as Trump shifts focus to deportations.
While this admin terrorizes neighborhoods under the guise of drug prohibition enforcement and immigration, he's letting the cartels off the hook.
reuters.com/legal/governme…
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