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Cairn Horn88

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Just to clarify, one of the crimes with which Trump is presumably charged is 18 USC 793, dealing with misuse of information relating to the national defense.  The crime is called Gathering, transmitting or losing defense information.

It is in Chapter 37 of TItle 18 of the United States Code, which is entitled Espionage and Censorship.  Title 18, of course, is entitled Crimes and Criminal Procedure.

The statutes of the United States were not "codified," or arranged by subject matter, title and section until beginning in 1926.

Before that, 18 USC 793 was part of the Espionage Act of 1917, most of which was ruled unconstitutional as abridging First Amendment rights to protest and comment.  This one survived, although it was heavily amended in 1946.

So, there really isn't an "Espionage Act" anymore, but there was 100 years ago when this was enacted.

 

Edited by TwiceHorn
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5 minutes ago, Satchel said:

Although it should be viewed as an excuse for his profligate criminality, Donald Trump is emotionally and mentally unwell.

So he’s gonna plead insanity? I’d buy that defense.

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4 minutes ago, Degenerate Gardner said:

He’s a flight reward, not risk.

 

Step 1: Trump flees to some foreign country willing to accept his pathetic, malignant ass

Strp 2: Trump hype machine gens up and lures the rubiest rubes to said foreign land

Step 3: Profit

I sure as fuck wouldn't extradite his ass.

Y'all can fuckin have him.  Hell, keep him.  Don't let him come back here.

Edited by TwiceHorn
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Let me just suggest that, as frustrating as the answers might be, we might want to pay attention to what @TwiceHorn and other legal types tell us about this process, because it's convoluted, complicated, and certainly not clearcut.

Most of us would LIKE it to be clearcut, but it's not.

Hang on for the ride of your life.  This shit is bonkers.

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5 hours ago, jimmyjazz said:

I am staunchly against the death penalty.

I would laugh my ass off if one or more of these fucks got the needle.  I don't really care who, the repercussions of terror throughout the network would be lovely to imagine.

Yes, this is a hypocritial stance.  Not my first.

Why a needle?  They're all pro gun.  Shoot'em.  

 

*Heard on the news earlier that Trump isn't looking great, but now I'm all in Surlyland, catching up.

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14 minutes ago, Cairn Horn88 said:

Can he do a plea bargain….if so, what would his penalty/fine be, and could he still run for president?

You know, I wouldn’t put it past that stable genius to flip on himself.

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6 minutes ago, Degenerate Gardner said:

He’s a flight reward, not risk.

 

Step 1: Trump flees to some foreign country willing to accept his pathetic, malignant ass

Strp 2: Trump hype machine gens up and lures the rubiest rubes to said foreign land

Step 3: Profit

We're going to end up with Trumplandia, the reality show, aren't we?

Season 1 arc: Ronald talks his friend Wlad into selling him a piece of his country via a revenue-sharing agreement from proceeds of real estate sales to immigrants. However, once the immigrants arrive to the new country, they are captured and sold into slavery by Ronald.   Ronald reigns as king of the new land, which is selectively populated by overly-painted women with huge tits and no morals and assorted knob polishers and ass kissers.

 

 

 

 

 

 

 

 

 

 

 

 

I'd watch.

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2 hours ago, Chooky said:

Not trying to Debbie feline aids the vibe here, but Florida. Got my eye open for some reverse OJ Simpson shit.

I'm hoping dotard jumps the shark and starts spilling dirty GOP secrets well before anything real happens.  The man can't shut up.  Also, let's see what he accuses Hillary of, because he absolutely did that. 

Edited by Mdhorn
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One of the beauties of this crime is that it occurred entirely while he was out of office.  That deprives him of most of the sort of oddball defenses and dilatory pleas that came with some of the stuff the occurred while he was in office or shortly out of office.

He's going to try to quash the indictment, but that won't work.  And that's about all he's got.

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14 minutes ago, Beau Vine said:

What do you mean "won't work?"  If it gets denied after 3 months of appeals, what's that?

Can't appeal a motion to quash that is denied.

Can't appeal shit in a criminal case until the case is over and you are sentenced.

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10 minutes ago, Beau Vine said:

What do you mean "won't work?"  If it gets denied after 3 months of appeals, what's that?

I know exactly jack shit about all things federal criminal. My gut guess is that the denial of a motion to quash an indictment would be the sort of interlocutory ruling that could be challenged via a writ and quickly resolved -  but that it wouldn’t be an actual “appeal” (a-la a final judgment ) that would make us wait around for a year. 

Anyone know how the hell this works and how long he can drag this out ?(Twice notes that his executive privilege b.s. won’t work here)

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1 minute ago, TwiceHorn said:

Can't appeal a motion to quash that is denied.

Can't appeal shit in a criminal case until the case is over and you are sentenced.

Sweet!  As Trump gets closer to having to testify (or take the fifth 300 times) that piece of shit has to be sweating big Mac special sauce by the pint. 

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56 minutes ago, Captainant said:

But selling secrets to Saudis totally doesn't count as espionage because.....?

Got any proof of that? Tweets don't count.  Posts on here don't count.  Indulging your fevered imagination doesn't count.

If Jack Smith had proof of it, we'll see it in the indictment.

18 USC 794 is the real espionage statute and is a capital offense.

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5 minutes ago, Gatorubet said:

Sweet!  As Trump gets closer to having to testify (or take the fifth 300 times) that piece of shit has to be sweating big Mac special sauce by the pint. 

I don't think there are many extraordinary writs in criminal cases either.

I'd wager this case will be initially set for trial in about nine months.  Id think the trial judge will be hesitant to move the trial date unless Trump can really hold up some kind of due process bloody stump.

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1 hour ago, Satchel said:

The degree of delusion is fascinating:

https://texags.com/forums/16/topics/3382073/1

Love how in the minds of aggy, law enforcement, that announced 11 days before the election it was re-opening the investigation into Hillary (based on copies of e-mails they had possession of for a month) while keeping the public in the dark that they were investigating Trump, was in the bag for the libs, law enforcement's longtime traditional ally.

Obvious, yes, but bears repeating-

Goddamn insane.

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1 hour ago, jimmyjazz said:

Let me just suggest that, as frustrating as the answers might be, we might want to pay attention to what @TwiceHorn and other legal types tell us about this process, because it's convoluted, complicated, and certainly not clearcut.

Most of us would LIKE it to be clearcut, but it's not.

Hang on for the ride of your life.  This shit is bonkers.

I don't think this is going to be nearly as frustrating as some of the civil things he's been involved in.

One thing, though, we're not going to hear shit from the government about the progress of the case or the evidence until the trial.  The only things we're going to hear about are Trump's pretrial motions, most of which will be pretty expediently denied, without appeal.  There's going to be even less bullshit here than in the Bragg case.

Pretty much everything we've heard before this has been some kind of leak.  There are more people involved in grand jury proceedings than trial, so a smaller universe of leakers more likely to be discovered.

Edited by TwiceHorn
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59 minutes ago, jimmyjazz said:

Let me just suggest that, as frustrating as the answers might be, we might want to pay attention to what @TwiceHorn and other legal types tell us about this process, because it's convoluted, complicated, and certainly not clearcut.

Most of us would LIKE it to be clearcut, but it's not.

Hang on for the ride of your life.  This shit is bonkers.

 

Fuck that

old-school-streaking.gif

 

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1 hour ago, YGIFS said:

He will not be taken into confinement.  The idea, as we've discussed, is to draw him into a series of court appearances and depositions for the four cases against him.  That, combined with the debate, fundraising, and primary rigor.  The overall calendar for an obese 78 year old.  He will die in the Summer or Autumn of 2024 from it all.  That's the play.  You are going to watch, in real time, the former President of the United States/current GOP nominee for POTUS die.  You'll tell your children about it.  And we will celebrate like the we invented sunshine.  The exhaustion of all of this, even for his self-absorbed ass, will prove too much.  We get to watch him literally drop dead.  This is going to be more beautiful than you can possibly fathom.  

f3ac4e0a-0837-4b1c-b125-fa521141740f_tex

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31 minutes ago, TwiceHorn said:

Got any proof of that? Tweets don't count.  Posts on here don't count.  Indulging your fevered imagination doesn't count.

If Jack Smith had proof of it, we'll see it in the indictment.

18 USC 794 is the real espionage statute and is a capital offense.

I'd sure hate to see Kushner's 2 billion dollar lottery get entangled in all of this.  

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2 hours ago, safe sex said:

A pivotal moment of American history isn't newsworthy? Like wtf? Pathetic.

While true, I think the very best we could expect before some CR themed post hit is about - three posts?

The downside is, we will never know what Mulletfree thinks about this. 

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25 minutes ago, Party_Taco said:


Structurally the right move… strategically, we’ll see…

MSNBC communists said there is a pending Supreme Court case about a potential clarification in federal criminal venue law in a matter like this.

The short version was filing in DC with a better jury ran the risk of the indictment being quashed for the wrong venue, or the conviction being overturned on appeal for the same reason.

I imagine they wanted to be 100% certain that any conviction would stick…. and so here we are in south Florida.

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1 minute ago, Gatorubet said:

MSNBC communists said there is a pending Supreme Court case about a potential clarification in federal criminal venue law in a matter like this.

The short version was filing in DC with a better jury ran the risk of the indictment being quashed for the wrong venue, or the conviction being overturned on appeal for the same reason.

I imagine they wanted to be 100% certain that any conviction would stick…. and so here we are in south Florida.

So Federal Prosecutors have a conviction rate of 95%, in part because most cases don't ever make it to trial.  That having been said, the odds of him beating one of the charges would be small, but possible.  The odds of beating 2 getting real small, but 7?  I'm tired, and I haven't calculated odds on this, but let's just say that would be extraordinary.  

With that all in mind, getting procedure correct makes a ton of sense, because a overturn on a venue technicality would seem to be the best odds for the defendant, not on the case itself.  

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