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The New Coffee Room

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  3. This week in lawfare

This week in lawfare

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  • kluursK kluurs

    As with Trump's past life, the law is to be used a bludgeon - a tool that a minimum requires the adversary to spend a great deal of time and money in self defense. On a recommendation of John Kiriakou I've started reading this book that pretty much says if they want to come after you, you've probably done something that qualifies. Kiriakou tells the story of a woman on Hawaii who had a whale watching business. Someone posted a video of whale watching on her boat when a passenger blew a whistle. That violated a federal law - and over the next few years she essentially lost everything to legal expenses. If they want to destroy you, they can - and will. Discretion of prosecutors is not always reasonable. Another case I heard of was of a woman who when she was 10 years old was bullied by boy. In an act of revenge, she pulled down his pants on a playground. As a 10 year old, she was prosecuted for a sex crime and required to be listed as a sex criminal. She ended up having to leave the country. Even the boy involved admitted it had NOTHING to do with sex.
    64e6af6c-74eb-4bc7-a58b-f43c2675da7f-image.jpeg

    Andrea BA Offline
    Andrea BA Offline
    Andrea B
    wrote last edited by
    #94

    @kluurs Kiriakou has some experience with the process being the punishment.

    I have little doubt that this is the case here.

    1 Reply Last reply
    • Andrea BA Andrea B

      @jon-nyc apparently the attorney who's representing this government is rather...inexperienced. His previous position was something tax-related.

      Is the DOJ going to go after all the "8647" merch on Amazon?

      https://www.amazon.com/s?k=8647&crid=2U5TLYPYC1MQY&sprefix=8647%2Caps%2C182&ref=nb_sb_noss_1

      jon-nycJ Offline
      jon-nycJ Offline
      jon-nyc
      wrote last edited by
      #95

      @Andrea-B

      Ken White put it this way:

      No rational person could see that and say “the former director of the FBI is saying he’s going to kill the President"!”
      I could now cite to you a legion of cases for that proposition, finding rhetoric far more concerning than this protected by the First Amendment, analyzing language and context to show this is protected. But it wouldn’t matter, would it? If you are a minimally rational person, you don’t need to see the precedent, and if you’re a cultist, no amount of precedent matters to you.

      Person. Woman. Man. Camera. TV.

      1 Reply Last reply
      • MikM Offline
        MikM Offline
        Mik
        wrote last edited by
        #96

        I saw that. It’s beyond ridiculous. He’d better hope they don’t lose both houses in the midterms or he’s setting himself up for another impeachment.

        "You cannot subsidize irresponsibility and expect people to become more responsible." — Thomas Sowell

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        • Andrea BA Offline
          Andrea BA Offline
          Andrea B
          wrote last edited by
          #97

          1 Reply Last reply
          • jon-nycJ Offline
            jon-nycJ Offline
            jon-nyc
            wrote last edited by jon-nyc
            #98

            A deep investigation into a single screenshot.

            Agent 1: “Look, those shells spell out numbers!”

            Agent 2: “OMG you’re right!!!!”

            Agent 3: “Guys, you’re not gonna believe this.. Come look at this Urban Dictionary entry for 86…”

            This FBI and our DOJ partners pursued a rigorous investigation that followed the facts - and now Mr. Comey will be held fully accountable for his actions. Thank you to our investigators, Acting AG Todd Blanche, and the Eastern District of NC for their diligent and professional work.”

            Person. Woman. Man. Camera. TV.

            1 Reply Last reply
            • HoraceH Offline
              HoraceH Offline
              Horace
              wrote last edited by
              #99

              I do wonder how this got past a grand jury.

              Education is extremely important.

              Andrea BA 1 Reply Last reply
              • MikM Offline
                MikM Offline
                Mik
                wrote last edited by
                #100

                Me too.

                "You cannot subsidize irresponsibility and expect people to become more responsible." — Thomas Sowell

                1 Reply Last reply
                • jon-nycJ Offline
                  jon-nycJ Offline
                  jon-nyc
                  wrote last edited by
                  #101

                  Wow. Even the throne-sniffing Turley is complaining about this one.

                  Person. Woman. Man. Camera. TV.

                  1 Reply Last reply
                  • HoraceH Horace

                    I do wonder how this got past a grand jury.

                    Andrea BA Offline
                    Andrea BA Offline
                    Andrea B
                    wrote last edited by
                    #102

                    @Horace one thing I've seen on X is that FBI has not revealed all the evidence that was presented to the GJ. Either FBI feels like they have a stronger case (they don't bring charges without a more than reasonable chance of success), or, as in the case of Kiriakou, the process.

                    A theory is that Comey was using that to promote his book that is coming out this month.

                    jon-nycJ 1 Reply Last reply
                    • Andrea BA Andrea B

                      @Horace one thing I've seen on X is that FBI has not revealed all the evidence that was presented to the GJ. Either FBI feels like they have a stronger case (they don't bring charges without a more than reasonable chance of success), or, as in the case of Kiriakou, the process.

                      A theory is that Comey was using that to promote his book that is coming out this month.

                      jon-nycJ Offline
                      jon-nycJ Offline
                      jon-nyc
                      wrote last edited by
                      #103

                      @Andrea-B said:

                      …as in the case of Kiriakou, the process.

                      I think we should be grateful as a society that we have to go back 15 years to actually find an example where the DoJ used the process as a punishment.

                      Person. Woman. Man. Camera. TV.

                      1 Reply Last reply

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