|
Read the rules in the OP before posting, please.In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up! NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious. Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action. |
On October 18 2016 06:49 Danglars wrote:Show nested quote +On October 18 2016 06:34 Plansix wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote:On October 18 2016 05:05 Plansix wrote:On October 18 2016 04:57 oBlade wrote:On October 18 2016 04:53 Plansix wrote:On October 18 2016 04:48 oBlade wrote: [quote] What I said is not logically equivalent to what he said and it's not meant to be.
What I'm trying to expose is that he's assumed, or asserted, that when the government doesn't charge someone, they're always right, i.e. there are no false negatives. This is as baseless as assuming there are no false positives (prisons are full of them). This is true for all criminal investigations, so why does it matter in the current discussion of two specific cases with known outcomes? You don't understand how the existence of people who do illegal things and face no charges undermines the reasoning that someone who wasn't charged has necessarily done nothing illegal? Yes. So what is the point again? If congress felt the charges had merit, they could charge her. The head of FBI made a compelling argument before congress on two separate occasions, both of which have been discussed in this thread. Do you have anything to refute the director’s specific points of why the emails did not raise the level of criminal charges? That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! I am not expert on gross negligence, but my limited understanding that it is hard to prove beyond a shadow of a doubt with a strong case. And the FBI director says he did not feel it was a strong case. Is this incorrect? That's not the criterion here for determination. XDaunt did the quick outline in two posts right after the press conference, simply search for negligence with the content restriction. The section of the statute involved makes very clear the lack of intent necessary (compare with reckless driving versus intent to destroy) since you don't need to be in league with America's enemies to endanger her operatives by exercising no caution in handling privileged information. But if they can’t prove the server was breached, doesn’t that undercut the charge of “risk to others?” They have to prove that her actions lead to harm in some way.
Second: Will the court accept that “top secret” or “classified information” is automatically harmful is released, or would they need to prove that the specific information that was exposed put people at risk? Or do they need to go further and show that a specific set of information lead to harm of a specific person(s)?
|
Wasnt one of the first things HRC was supposed to do was to turn in all work related emails after her tenure as SoS? After like a year she finally did, which her lawyers and her selectively chose which ones to send in.
After she was forced to turn over the ones she didnt, she wiped the server clean, (the week after it broke she used a personal email server.) Isn't that obstruction of justice at that point? Even if there was no classified emails on her server / sent and other shit, wouldn't that be enough?
|
|
|
On October 18 2016 07:37 Hexe wrote: Wasnt one of the first things HRC was supposed to do was to turn in all work related emails after her tenure as SoS? After like a year she finally did, which her lawyers and her selectively chose which ones to send in.
After she was forced to turn over the ones she didnt, she wiped the server clean, (the week after it broke she used a personal email server.) Isn't that obstruction of justice at that point? Even if there was no classified emails on her server / sent and other shit, wouldn't that be enough? http://www.politico.com/blogs/under-the-radar/2016/09/clinton-email-probe-obstruction-fbi-228790 not according to comey; maybe the article helps detail why somewhat. if not, you'll have to google for more info.
|
For a nice dose of criticism of Hillary from a non-conservative source (and a bit on wikileak's problematic habits) :
|
Nearly 1 in 5 children each year suffer a psychiatric illness, according to research estimates. But a national shortage of medical specialists and inpatient facilities means that many still go untreated — despite national efforts to improve mental health care.
New research is driving home the consequences. Scientific abstracts presented Monday in Las Vegas, at the annual meeting of the American College of Emergency Physicians, offer insights into how frequently patients with mental health issues land in the emergency room — often because opportunities to intervene earlier are missed. Pediatricians and child psychiatrists say children are among the hardest hit.
The researchers analyzed data compiled by the National Hospital Ambulatory Medical Care Survey, which tracked mental health visits to hospital emergency departments between 2001 and 2011.
Compared with physically ill patients, people with mental health conditions rely more on the emergency department for treatment, and are more often admitted to the hospital from the ER, the scientists found. Also, they tended to be stuck in the ER longer than people who show up in the ER with physical symptoms.
Specifically, the researchers found that about 6 percent of all the emergency department patients — of all ages — had a psychiatric condition. More than 20 percent of these psychiatric patients were admitted to the hospital, compared to just over 13 percent of the medical patients. About 11 percent of these patients with mental health problems required transfer to another facility, compared with 1.4 percent of the patients with physical ailments.
About 23 percent of mental health patients stayed in emergency care for longer than six hours, and about 1.3 percent for more than 24 hours. Only 10 percent of medical patients were under treatment in the ER for more than six hours, and just half a percent were there for more than 24 hours.
The researchers have not yet determined the distribution of ages among the patients in their study who came to the ER because of mental health symptoms. Anecdotally, though, ER patients with psychiatric problems tend to include more children and elderly patients than you'd expect to see based on the age range of the general population, says Suzanne Lippert, a clinical assistant professor in emergency medicine at Stanford University, and lead author on the study.
The findings highlight what can happen when patients can't find good outpatient treatment for mental health problems, Lippert says. The evidence also underscores, she says, that when psychiatric patients arrive at the ER in a crisis, there is often no good place where they can continue treatment, once the immediate issue has been addressed.
Source
|
On October 18 2016 07:50 Nevuk wrote: For a nice dose of criticism of Hillary from a non-conservative source (and a bit on wikileak's problematic habits)
Can't watch this where I am, but should be interesting. Glenn Greenwald's a fairly good source of commentary on digital surveillance and security issues.
|
On October 18 2016 06:56 Plansix wrote:Show nested quote +On October 18 2016 06:49 Danglars wrote:On October 18 2016 06:34 Plansix wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote:On October 18 2016 05:05 Plansix wrote:On October 18 2016 04:57 oBlade wrote:On October 18 2016 04:53 Plansix wrote: [quote] This is true for all criminal investigations, so why does it matter in the current discussion of two specific cases with known outcomes? You don't understand how the existence of people who do illegal things and face no charges undermines the reasoning that someone who wasn't charged has necessarily done nothing illegal? Yes. So what is the point again? If congress felt the charges had merit, they could charge her. The head of FBI made a compelling argument before congress on two separate occasions, both of which have been discussed in this thread. Do you have anything to refute the director’s specific points of why the emails did not raise the level of criminal charges? That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! I am not expert on gross negligence, but my limited understanding that it is hard to prove beyond a shadow of a doubt with a strong case. And the FBI director says he did not feel it was a strong case. Is this incorrect? That's not the criterion here for determination. XDaunt did the quick outline in two posts right after the press conference, simply search for negligence with the content restriction. The section of the statute involved makes very clear the lack of intent necessary (compare with reckless driving versus intent to destroy) since you don't need to be in league with America's enemies to endanger her operatives by exercising no caution in handling privileged information. But if they can’t prove the server was breached, doesn’t that undercut the charge of “risk to others?” They have to prove that her actions lead to harm in some way. Second: Will the court accept that “top secret” or “classified information” is automatically harmful is released, or would they need to prove that the specific information that was exposed put people at risk? Or do they need to go further and show that a specific set of information lead to harm of a specific person(s)?
My understanding from Comey on the issue of negligence is that people have not been prosecuted under the statute before for negligence rather than intent.
|
People are chanting Paul Ryan sucks at a Trump rally in Wisconsin lol
|
Hoping Trump brings it up with some more force and specificity on Wednesday...
+ Show Spoiler +
User was temp banned for this post.
|
On October 18 2016 06:54 CannonsNCarriers wrote:Show nested quote +On October 18 2016 06:39 Danglars wrote:On October 18 2016 06:23 Logo wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote:On October 18 2016 05:05 Plansix wrote:On October 18 2016 04:57 oBlade wrote:On October 18 2016 04:53 Plansix wrote: [quote] This is true for all criminal investigations, so why does it matter in the current discussion of two specific cases with known outcomes? You don't understand how the existence of people who do illegal things and face no charges undermines the reasoning that someone who wasn't charged has necessarily done nothing illegal? Yes. So what is the point again? If congress felt the charges had merit, they could charge her. The head of FBI made a compelling argument before congress on two separate occasions, both of which have been discussed in this thread. Do you have anything to refute the director’s specific points of why the emails did not raise the level of criminal charges? That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! It never ceases to amaze me when people are willing to throw out due process and proper interpretation of the law when it suits them considering how fundamentally important those concepts are for protecting rights. She had a right to trial by jury, and should've had the chance to clear her name but for a craven opposition not calling for independent review. Comey's the one here that needs to properly interpret the law. He wrote in an intent provision lacking in the espionage act, then proceeded to outline intent in the congressional hearing. Now, the worlds upside down lately, so I'm totally prepared to hear why proper interpretation necessarily involves the FBI rewriting statute. I understand the pressures against Comey to not recommend charges against a presidential candidate this close to an election. He has however done an incredible disservice to faith in government institutions that will outlive his tenure. There's one set of laws for well-connected elites, and another for your average Joe. Now you can grant immunity to almost everyone involved, do one unsworn interview three days before the press conference with co-conspirators present, and call it a thorough investigation. What law are you talking about? Comey doesn't have to stretch very hard for 18 U.S. Code § 798 - Disclosure of classified information. See the bolded below. (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— ... (b) As used in subsection (a) of this section— The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications; https://www.law.cornell.edu/uscode/text/18/798Now perhaps you are talking about the 1917 law (§793. Gathering, transmitting or losing defense information**) that Comey says was only used once in 99 years. That only plainly says INTENT in the first line. Either way, this "no intent" talking point I see right wingers use is totally fact-free. http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime** http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim The relevant section is 793. Previously in the thread.
If we're being complete, she was also in violation of the federal records act, but the far more pernicious offense was excrcising gross negligence (extreme carelessness if you're Comey) in handling classified information.
|
On October 18 2016 08:30 Danglars wrote:Show nested quote +On October 18 2016 06:54 CannonsNCarriers wrote:On October 18 2016 06:39 Danglars wrote:On October 18 2016 06:23 Logo wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote:On October 18 2016 05:05 Plansix wrote:On October 18 2016 04:57 oBlade wrote: [quote] You don't understand how the existence of people who do illegal things and face no charges undermines the reasoning that someone who wasn't charged has necessarily done nothing illegal? Yes. So what is the point again? If congress felt the charges had merit, they could charge her. The head of FBI made a compelling argument before congress on two separate occasions, both of which have been discussed in this thread. Do you have anything to refute the director’s specific points of why the emails did not raise the level of criminal charges? That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! It never ceases to amaze me when people are willing to throw out due process and proper interpretation of the law when it suits them considering how fundamentally important those concepts are for protecting rights. She had a right to trial by jury, and should've had the chance to clear her name but for a craven opposition not calling for independent review. Comey's the one here that needs to properly interpret the law. He wrote in an intent provision lacking in the espionage act, then proceeded to outline intent in the congressional hearing. Now, the worlds upside down lately, so I'm totally prepared to hear why proper interpretation necessarily involves the FBI rewriting statute. I understand the pressures against Comey to not recommend charges against a presidential candidate this close to an election. He has however done an incredible disservice to faith in government institutions that will outlive his tenure. There's one set of laws for well-connected elites, and another for your average Joe. Now you can grant immunity to almost everyone involved, do one unsworn interview three days before the press conference with co-conspirators present, and call it a thorough investigation. What law are you talking about? Comey doesn't have to stretch very hard for 18 U.S. Code § 798 - Disclosure of classified information. See the bolded below. (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— ... (b) As used in subsection (a) of this section— The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications; https://www.law.cornell.edu/uscode/text/18/798Now perhaps you are talking about the 1917 law (§793. Gathering, transmitting or losing defense information**) that Comey says was only used once in 99 years. That only plainly says INTENT in the first line. Either way, this "no intent" talking point I see right wingers use is totally fact-free. http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime** http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim The relevant section is 793. Previously in the thread. If we're being complete, she was also in violation of the federal records act, but the far more pernicious offense was excrcising gross negligence (extreme carelessness if you're Comey) in handling classified information. If we're being complete, there was no "gross negligence" involved, meaning the section doesn't apply.
|
On October 18 2016 06:56 Plansix wrote:Show nested quote +On October 18 2016 06:49 Danglars wrote:On October 18 2016 06:34 Plansix wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote:On October 18 2016 05:05 Plansix wrote:On October 18 2016 04:57 oBlade wrote:On October 18 2016 04:53 Plansix wrote: [quote] This is true for all criminal investigations, so why does it matter in the current discussion of two specific cases with known outcomes? You don't understand how the existence of people who do illegal things and face no charges undermines the reasoning that someone who wasn't charged has necessarily done nothing illegal? Yes. So what is the point again? If congress felt the charges had merit, they could charge her. The head of FBI made a compelling argument before congress on two separate occasions, both of which have been discussed in this thread. Do you have anything to refute the director’s specific points of why the emails did not raise the level of criminal charges? That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! I am not expert on gross negligence, but my limited understanding that it is hard to prove beyond a shadow of a doubt with a strong case. And the FBI director says he did not feel it was a strong case. Is this incorrect? That's not the criterion here for determination. XDaunt did the quick outline in two posts right after the press conference, simply search for negligence with the content restriction. The section of the statute involved makes very clear the lack of intent necessary (compare with reckless driving versus intent to destroy) since you don't need to be in league with America's enemies to endanger her operatives by exercising no caution in handling privileged information. But if they can’t prove the server was breached, doesn’t that undercut the charge of “risk to others?” They have to prove that her actions lead to harm in some way. Second: Will the court accept that “top secret” or “classified information” is automatically harmful is released, or would they need to prove that the specific information that was exposed put people at risk? Or do they need to go further and show that a specific set of information lead to harm of a specific person(s)? Harm also isn't part of the statute. Permit to be removed from proper place of custody ... abstracted.
|
On October 18 2016 08:30 Danglars wrote:Show nested quote +On October 18 2016 06:54 CannonsNCarriers wrote:On October 18 2016 06:39 Danglars wrote:On October 18 2016 06:23 Logo wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote:On October 18 2016 05:05 Plansix wrote:On October 18 2016 04:57 oBlade wrote: [quote] You don't understand how the existence of people who do illegal things and face no charges undermines the reasoning that someone who wasn't charged has necessarily done nothing illegal? Yes. So what is the point again? If congress felt the charges had merit, they could charge her. The head of FBI made a compelling argument before congress on two separate occasions, both of which have been discussed in this thread. Do you have anything to refute the director’s specific points of why the emails did not raise the level of criminal charges? That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! It never ceases to amaze me when people are willing to throw out due process and proper interpretation of the law when it suits them considering how fundamentally important those concepts are for protecting rights. She had a right to trial by jury, and should've had the chance to clear her name but for a craven opposition not calling for independent review. Comey's the one here that needs to properly interpret the law. He wrote in an intent provision lacking in the espionage act, then proceeded to outline intent in the congressional hearing. Now, the worlds upside down lately, so I'm totally prepared to hear why proper interpretation necessarily involves the FBI rewriting statute. I understand the pressures against Comey to not recommend charges against a presidential candidate this close to an election. He has however done an incredible disservice to faith in government institutions that will outlive his tenure. There's one set of laws for well-connected elites, and another for your average Joe. Now you can grant immunity to almost everyone involved, do one unsworn interview three days before the press conference with co-conspirators present, and call it a thorough investigation. What law are you talking about? Comey doesn't have to stretch very hard for 18 U.S. Code § 798 - Disclosure of classified information. See the bolded below. (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— ... (b) As used in subsection (a) of this section— The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications; https://www.law.cornell.edu/uscode/text/18/798Now perhaps you are talking about the 1917 law (§793. Gathering, transmitting or losing defense information**) that Comey says was only used once in 99 years. That only plainly says INTENT in the first line. Either way, this "no intent" talking point I see right wingers use is totally fact-free. http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime** http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim The relevant section is 793. Previously in the thread. If we're being complete, she was also in violation of the federal records act, but the far more pernicious offense was excrcising gross negligence (extreme carelessness if you're Comey) in handling classified information.
I did cite 793. 793(a) requires intent, 793(f) uses Gross Negligence. I also cited Comey's remarks on that very (f) provision. If you think Comey is wrong, then you need to show exactly where he went wrong in discussing 793(f). It isn't enough to just say "bias". Show the work (you have the burden because Comey is the professional with actual authority here and engaged in a due process backed determination that recommended no charges).
"But Comey noted that at the time Congress passed the law in 1917, "there was a lot of concern in the House and the Senate about whether that was going to violate the American tradition of requiring that before you're going to lock somebody up, you prove they knew they were doing something wrong. And so there was a lot of concern when the statute was passed.
"As best I can tell, the Department of Justice has used it once in the 99 years since, reflecting that same concern," he said.
"I know from 30 years with the Department of Justice, they have grave concerns about whether it's appropriate to prosecute somebody for gross negligence, which is why they've done it once that I know of, in a case involving espionage.
"And so when I look at the facts we gathered here, as I said, I see evidence of great carelessness, but I do not see evidence that's sufficient to establish that Secretary Clinton or those with whom she was corresponding both talked about classified information on email and knew when they did it that they were doing something that was against the law.
"So given that assessment of the facts, and my understanding of the law, my conclusion was and remains, no reasonable proseuctor would bring this case. No reasonable prosecutor would bring the second case in 100 years focused on gross negligence.""
http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime
|
Seeker
Where dat snitch at?36921 Posts
Fantastic video. 10/10 would watch it again.
|
On October 18 2016 08:33 kwizach wrote:Show nested quote +On October 18 2016 08:30 Danglars wrote:On October 18 2016 06:54 CannonsNCarriers wrote:On October 18 2016 06:39 Danglars wrote:On October 18 2016 06:23 Logo wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote:On October 18 2016 05:05 Plansix wrote: [quote] Yes. So what is the point again? If congress felt the charges had merit, they could charge her. The head of FBI made a compelling argument before congress on two separate occasions, both of which have been discussed in this thread. Do you have anything to refute the director’s specific points of why the emails did not raise the level of criminal charges? That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! It never ceases to amaze me when people are willing to throw out due process and proper interpretation of the law when it suits them considering how fundamentally important those concepts are for protecting rights. She had a right to trial by jury, and should've had the chance to clear her name but for a craven opposition not calling for independent review. Comey's the one here that needs to properly interpret the law. He wrote in an intent provision lacking in the espionage act, then proceeded to outline intent in the congressional hearing. Now, the worlds upside down lately, so I'm totally prepared to hear why proper interpretation necessarily involves the FBI rewriting statute. I understand the pressures against Comey to not recommend charges against a presidential candidate this close to an election. He has however done an incredible disservice to faith in government institutions that will outlive his tenure. There's one set of laws for well-connected elites, and another for your average Joe. Now you can grant immunity to almost everyone involved, do one unsworn interview three days before the press conference with co-conspirators present, and call it a thorough investigation. What law are you talking about? Comey doesn't have to stretch very hard for 18 U.S. Code § 798 - Disclosure of classified information. See the bolded below. (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— ... (b) As used in subsection (a) of this section— The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications; https://www.law.cornell.edu/uscode/text/18/798Now perhaps you are talking about the 1917 law (§793. Gathering, transmitting or losing defense information**) that Comey says was only used once in 99 years. That only plainly says INTENT in the first line. Either way, this "no intent" talking point I see right wingers use is totally fact-free. http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime** http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim The relevant section is 793. Previously in the thread. If we're being complete, she was also in violation of the federal records act, but the far more pernicious offense was excrcising gross negligence (extreme carelessness if you're Comey) in handling classified information. If we're being complete, there was no "gross negligence" involved, meaning the section doesn't apply. Maybe if the jury was made up of twelve of you. She didn't exercise precautions in a sustained manner over years. Put together a jury of twelve peers with average distribution of Hillary shills and we'll see. But if you want to argue semantics to protect your dear lady until people give up trying, you're fully welcome to.
|
On October 18 2016 08:44 Danglars wrote:Show nested quote +On October 18 2016 08:33 kwizach wrote:On October 18 2016 08:30 Danglars wrote:On October 18 2016 06:54 CannonsNCarriers wrote:On October 18 2016 06:39 Danglars wrote:On October 18 2016 06:23 Logo wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote: [quote] That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! It never ceases to amaze me when people are willing to throw out due process and proper interpretation of the law when it suits them considering how fundamentally important those concepts are for protecting rights. She had a right to trial by jury, and should've had the chance to clear her name but for a craven opposition not calling for independent review. Comey's the one here that needs to properly interpret the law. He wrote in an intent provision lacking in the espionage act, then proceeded to outline intent in the congressional hearing. Now, the worlds upside down lately, so I'm totally prepared to hear why proper interpretation necessarily involves the FBI rewriting statute. I understand the pressures against Comey to not recommend charges against a presidential candidate this close to an election. He has however done an incredible disservice to faith in government institutions that will outlive his tenure. There's one set of laws for well-connected elites, and another for your average Joe. Now you can grant immunity to almost everyone involved, do one unsworn interview three days before the press conference with co-conspirators present, and call it a thorough investigation. What law are you talking about? Comey doesn't have to stretch very hard for 18 U.S. Code § 798 - Disclosure of classified information. See the bolded below. (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— ... (b) As used in subsection (a) of this section— The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications; https://www.law.cornell.edu/uscode/text/18/798Now perhaps you are talking about the 1917 law (§793. Gathering, transmitting or losing defense information**) that Comey says was only used once in 99 years. That only plainly says INTENT in the first line. Either way, this "no intent" talking point I see right wingers use is totally fact-free. http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime** http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim The relevant section is 793. Previously in the thread. If we're being complete, she was also in violation of the federal records act, but the far more pernicious offense was excrcising gross negligence (extreme carelessness if you're Comey) in handling classified information. If we're being complete, there was no "gross negligence" involved, meaning the section doesn't apply. Maybe if the jury was made up of twelve of you. She didn't exercise precautions in a sustained manner over years. Put together a jury of twelve peers with average distribution of Hillary shills and we'll see. But if you want to argue semantics to protect your dear lady until people give up trying, you're fully welcome to.
When you convince yourself that you alone are looking at things objectively and everyone else is just being biased you are pretty much impossible to talk to. If judges on the supreme court can have different interpretations of the law and they are some of the smartest legal minds in the country if not the world then it is completely possible for other people to have them and they not be attributed to bias.
|
On October 18 2016 08:41 CannonsNCarriers wrote:Show nested quote +On October 18 2016 08:30 Danglars wrote:On October 18 2016 06:54 CannonsNCarriers wrote:On October 18 2016 06:39 Danglars wrote:On October 18 2016 06:23 Logo wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote:On October 18 2016 05:05 Plansix wrote: [quote] Yes. So what is the point again? If congress felt the charges had merit, they could charge her. The head of FBI made a compelling argument before congress on two separate occasions, both of which have been discussed in this thread. Do you have anything to refute the director’s specific points of why the emails did not raise the level of criminal charges? That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! It never ceases to amaze me when people are willing to throw out due process and proper interpretation of the law when it suits them considering how fundamentally important those concepts are for protecting rights. She had a right to trial by jury, and should've had the chance to clear her name but for a craven opposition not calling for independent review. Comey's the one here that needs to properly interpret the law. He wrote in an intent provision lacking in the espionage act, then proceeded to outline intent in the congressional hearing. Now, the worlds upside down lately, so I'm totally prepared to hear why proper interpretation necessarily involves the FBI rewriting statute. I understand the pressures against Comey to not recommend charges against a presidential candidate this close to an election. He has however done an incredible disservice to faith in government institutions that will outlive his tenure. There's one set of laws for well-connected elites, and another for your average Joe. Now you can grant immunity to almost everyone involved, do one unsworn interview three days before the press conference with co-conspirators present, and call it a thorough investigation. What law are you talking about? Comey doesn't have to stretch very hard for 18 U.S. Code § 798 - Disclosure of classified information. See the bolded below. (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— ... (b) As used in subsection (a) of this section— The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications; https://www.law.cornell.edu/uscode/text/18/798Now perhaps you are talking about the 1917 law (§793. Gathering, transmitting or losing defense information**) that Comey says was only used once in 99 years. That only plainly says INTENT in the first line. Either way, this "no intent" talking point I see right wingers use is totally fact-free. http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime** http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim The relevant section is 793. Previously in the thread. If we're being complete, she was also in violation of the federal records act, but the far more pernicious offense was excrcising gross negligence (extreme carelessness if you're Comey) in handling classified information. I did cite 793. 793(a) requires intent, 793(f) uses Gross Negligence. I also cited Comey's remarks on that very (f) provision. If you think Comey is wrong, then you need to show exactly where he went wrong in discussing 793(f). It isn't enough to just say "bias". Show the work (you have the burden because Comey is the professional with actual authority here and engaged in a due process backed determination that recommended no charges). Show nested quote +"But Comey noted that at the time Congress passed the law in 1917, "there was a lot of concern in the House and the Senate about whether that was going to violate the American tradition of requiring that before you're going to lock somebody up, you prove they knew they were doing something wrong. And so there was a lot of concern when the statute was passed.
"As best I can tell, the Department of Justice has used it once in the 99 years since, reflecting that same concern," he said.
"I know from 30 years with the Department of Justice, they have grave concerns about whether it's appropriate to prosecute somebody for gross negligence, which is why they've done it once that I know of, in a case involving espionage.
"And so when I look at the facts we gathered here, as I said, I see evidence of great carelessness, but I do not see evidence that's sufficient to establish that Secretary Clinton or those with whom she was corresponding both talked about classified information on email and knew when they did it that they were doing something that was against the law.
"So given that assessment of the facts, and my understanding of the law, my conclusion was and remains, no reasonable proseuctor would bring this case. No reasonable prosecutor would bring the second case in 100 years focused on gross negligence.""
http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime Comey drew arbitrary lines between what he considered extreme carelessness and gross negligence and then launched into a foolhardy attempt to get everybody to focus on intent. It's pretty plain. Maybe watch the ballerina dance of a press conference again? I don't find what you brought persuasive at all. Hillary's red line on Syria might be more clear than what Comey considers the dividing line in his dictionary of arbitrary disctinctions.
|
On October 18 2016 08:44 Danglars wrote:Show nested quote +On October 18 2016 08:33 kwizach wrote:On October 18 2016 08:30 Danglars wrote:On October 18 2016 06:54 CannonsNCarriers wrote:On October 18 2016 06:39 Danglars wrote:On October 18 2016 06:23 Logo wrote:On October 18 2016 06:20 Danglars wrote:On October 18 2016 06:04 oBlade wrote:On October 18 2016 05:33 Logo wrote:On October 18 2016 05:21 oBlade wrote: [quote] That is the point, the post you just quoted to ask me what the point is, contains the entire point: Whether the government has charged you is not proof of whether you've done something illegal. You're confused because I wasn't addressing you, go back to the beginning of the chain. He's not confused. Your logic is exactly what I said it was, convoluted. Yes there are people who aren't charged who are guilty, but being investigated and not charged in an indication of innocent that would take the bar of "Innocent until proven guilty" and raise it even higher than that. In either case that has nothing to do with someone being charged for something they didn't do except being the worst possible way to make a point. People in the world get charged and convicted for things they didn't do and other people don't even get charged for things they did (Look at the unsolved murder rate). Are you with me on this? On October 18 2016 05:33 Logo wrote: Fair enough to be suspicious, but unless there's something really really convincing at some point you need to assume that people who are cleared of charges are not guilty of those charges. Otherwise a whole lot of society just breaks down.
Not being charged is not the same as being acquitted. It never ceases to amaze that this is the reaction when the FBI director tiptoes around saying gross negligence in a press conference. Cleared of charges, indeed! It never ceases to amaze me when people are willing to throw out due process and proper interpretation of the law when it suits them considering how fundamentally important those concepts are for protecting rights. She had a right to trial by jury, and should've had the chance to clear her name but for a craven opposition not calling for independent review. Comey's the one here that needs to properly interpret the law. He wrote in an intent provision lacking in the espionage act, then proceeded to outline intent in the congressional hearing. Now, the worlds upside down lately, so I'm totally prepared to hear why proper interpretation necessarily involves the FBI rewriting statute. I understand the pressures against Comey to not recommend charges against a presidential candidate this close to an election. He has however done an incredible disservice to faith in government institutions that will outlive his tenure. There's one set of laws for well-connected elites, and another for your average Joe. Now you can grant immunity to almost everyone involved, do one unsworn interview three days before the press conference with co-conspirators present, and call it a thorough investigation. What law are you talking about? Comey doesn't have to stretch very hard for 18 U.S. Code § 798 - Disclosure of classified information. See the bolded below. (a) Whoever knowingly and willfully communicates, furnishes, transmits, or otherwise makes available to an unauthorized person, or publishes, or uses in any manner prejudicial to the safety or interest of the United States or for the benefit of any foreign government to the detriment of the United States any classified information— ... (b) As used in subsection (a) of this section— The term “classified information” means information which, at the time of a violation of this section, is, for reasons of national security, specifically designated by a United States Government Agency for limited or restricted dissemination or distribution; The terms “code,” “cipher,” and “cryptographic system” include in their meanings, in addition to their usual meanings, any method of secret writing and any mechanical or electrical device or method used for the purpose of disguising or concealing the contents, significance, or meanings of communications; https://www.law.cornell.edu/uscode/text/18/798Now perhaps you are talking about the 1917 law (§793. Gathering, transmitting or losing defense information**) that Comey says was only used once in 99 years. That only plainly says INTENT in the first line. Either way, this "no intent" talking point I see right wingers use is totally fact-free. http://www.cnsnews.com/news/article/susan-jones/comey-nobody-uses-1917-law-making-gross-negligence-crime** http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section793&num=0&edition=prelim The relevant section is 793. Previously in the thread. If we're being complete, she was also in violation of the federal records act, but the far more pernicious offense was excrcising gross negligence (extreme carelessness if you're Comey) in handling classified information. If we're being complete, there was no "gross negligence" involved, meaning the section doesn't apply. Maybe if the jury was made up of twelve of you. She didn't exercise precautions in a sustained manner over years. Put together a jury of twelve peers with average distribution of Hillary shills and we'll see. But if you want to argue semantics to protect your dear lady until people give up trying, you're fully welcome to. What about a jury made of the Supreme Court justices?
|
|
|
|