Explore the legal implications of the Rust movie shooting incident, Supreme Court's decision on Trump's ballot inclusion, and SEC's $3 billion enforcement tool. Dive into discussions on gun safety protocols, dissenting views on presidential candidate eligibility, and SEC disgorgement criteria.
The conviction of the movie armorer highlights the importance of strict firearm safety protocols on set.
The Supreme Court's decision on disgorgement remedy showcases disparities among federal circuits, calling for a cohesive approach.
Deep dives
Hannah Gutierrez Read Found Guilty of Involuntary Manslaughter
Hannah Gutierrez Read, the armor on the set of the movie Rust, was found guilty of involuntary manslaughter after a New Mexico jury deliberated for just two and a half hours. The incident resulted in the death of cinematographer Helena Hutchins, who was shot with a live round fired by actor Alec Baldwin during a rehearsal. The jury determined that Gutierrez Read failed to perform basic safety checks on the firearms, leading to the tragic event. The verdict has now shifted attention to Baldwin's upcoming involuntary manslaughter trial scheduled to start on July 10th.
Impact on Alec Baldwin's Trial
The guilty verdict against Hannah Gutierrez Read, holding her responsible for the live ammunition on the movie set, may impact Alec Baldwin's defense strategy in his upcoming trial. Gutierrez Read's failure to prevent live rounds from entering the weapon implicates Baldwin, who also played a role as a producer on the set. Baldwin's attorneys are expected to utilize the perceived responsibility shift from Gutierrez Read to bolster their defense. The prosecution's strong case against Gutierrez Read may indirectly affect Baldwin's trial, despite them being separate proceedings with distinct theories of guilt.
Challenges for the Prosecution and Defense
The prosecutor faces the challenge of proving Baldwin's negligence in the fatal shooting incident amidst complexities related to firearm safety standards on movie sets. Expert testimony indicating that the gun fired due to trigger manipulation poses a significant hurdle for the prosecution. However, the defense contends that Baldwin's lack of direct involvement in handling the weapon may mitigate his culpability. The legal battle also involves addressing Baldwin's credibility and the subjective nature of human memory in high-stress situations.
Comparative Analysis of Judicial Views
The varying judicial perspectives on the definition and application of the disgorgement remedy in securities enforcement cases create disparities among federal circuits, notably observed between the Second and Fifth Circuits. While the Second Circuit emphasizes proving pecuniary harm to investors as a prerequisite for disgorgement, the Fifth Circuit diverges by interpreting the statutory revision as not mandating such a requirement. This conflict underscores the need for Supreme Court intervention to resolve the inconsistency and establish a cohesive approach to equitable remedies in securities fraud cases.
Former prosecutor Joshua Kastenberg, a professor at the University of New Mexico Law School, discusses the conviction of the armorer for the shooting on the set of the movie "Rust." Professor Jessica Levinson of Loyola Law School, host of the "Passing Judgment" podcast, discusses the implications of the Supreme Court's decision that Trump can appear on ballots. Anthony Sabino, a professor in the Department of Law at The Peter J. Tobin College of Business at St. John’s University, discusses the SEC's $3 billion enforcement tool. June Grasso hosts.