Tuesday, February 7, 2012

Lawyer

Malcolm Harris said prosecutors demanding the release of three months of tweets is incorrect

a writer and activist Occupy Wall Street whose tweets have been the subject of a subpoena by a New York lawyer seeks to cancel the order in court.

A lawyer for Malcolm Harris, 23, who was arrested with 700 protesters at the Brooklyn Bridge last October, filed a motion Monday against the subpoena, which demanded the release of all tweets on a three-month period.

Harris - a writer whose biography of Twitter says "true stories, revolutionary fervor, the cruel hoax" - is known in the movement to fill the trickster behind false statement that Radiohead will hold a concert Zuccotti Park in New York.

Martin Stolar, a lawyer for the National Lawyers Guild, said the use of a subpoena in a Twitter account is unprecedented, improper and an abuse of process.

"There is simply no justification for finding a wide range of electronic data in connection with proceedings against a misdemeanor charge related to an event in a discrete event," said Stolar. "This is another example of New York City, exceeding the limits of the law in order to cool the political expression of legitimate criticism of government policies. "


Twitter has decided not to comply with the subpoena until the outcome is decided, Stolar said, adding that he did not say what the prosecution wanted.

"My feeling is that they are seeking some sort of incriminating statement," he said. "Three and a half months this guy tweets and personal records - and this, to go to the fishing "
Harris, who was charged with disorderly conduct, is one of hundreds of related defendants whose cases are involved at various stages in the justice system.


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