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Gee, I guess those e-mails were just... "lost"Follow

#52 Apr 17 2007 at 9:21 AM Rating: Good
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Shhhhh Sammie, you will ruin his specious and intellectually dishonest comparison~!
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#53 Apr 17 2007 at 9:23 AM Rating: Excellent
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achileez wrote:
By the why how's the prosecution of Sand Bergler and Hitlary Clinton going?
Why not ask the Republicans who were in control at the time?
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#54REDACTED, Posted: Apr 17 2007 at 10:20 AM, Rating: Sub-Default, (Expand Post) Jophed,
#55 Apr 17 2007 at 12:01 PM Rating: Excellent
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achileez wrote:
Because we've actually been fighting a war on terror, in case you hadn't noticed.
Had time to worry about gay marriage and flag burning though. I guess a token effort to ban flag burning to show off for an election was more important than getting that Burger guy, huh?

I mean, that's the only reason *I* can think of...
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#56REDACTED, Posted: Apr 17 2007 at 12:08 PM, Rating: Sub-Default, (Expand Post) Jophed,
#57 Apr 17 2007 at 12:22 PM Rating: Excellent
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So there wasn't any wrong-doing worth pursuing to the Republicans. I'm glad we cleared that up.
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#58REDACTED, Posted: Apr 17 2007 at 12:27 PM, Rating: Sub-Default, (Expand Post) Jophed,
#59 Apr 17 2007 at 12:29 PM Rating: Excellent
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achileez wrote:
Quote:
So there wasn't any wrong-doing worth pursuing to the Republicans. I'm glad we cleared that up.
On the contrary; rather than waste millions of taxpayers dollars on completely unfounded allegations...
It's good to hear you admit that the allegations against Berger were completely unfounded.

Edited, Apr 17th 2007 1:30pm by Jophiel
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Wow. Regular ol' Joph fan club in here.
#60 Apr 17 2007 at 1:11 PM Rating: Decent
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Addikeys wrote:
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Did you just not bother to read the very description you quoted?

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...Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.


I'm pretty sure "looking at all the emails at the RNC to see if any include evidence of wrongdoing" falls under that catagory.


Are you saying that the emails are relevant? If so, relevant information is discoverable.


But you have to know it's there and relevant *before* the process occurs. You can't just poke around and see if a crime has been committed. You have to know that a crime has been committed, have reason to suspect that evidence of the crime exists, and *then* you can go poking around looking for the evidence.

That sentence is the legal "punishment" for doing it wrong. Evidence collected as a result of a fishing expedition is not admissable in court. That's what the sentence is saying. I'm saying that what the Dems are trying to do is ignore that, and go fishing anyway figuring that since there's no actual crime here anyway that it doesn't matter. Their ultimate goal is not to actually find actionable evidence, but to find stuff they can push out before "the people" in order to get them to demand the resignation/firing of various personel that they don't like.


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But, if you're saying those emails are not relevant, the issue is whether there are motives, discussions, etc. regarding the firing of these attorneys contained in RNC emails. Hence, attempting to discover those emails is reasonably calculated to lead to the discovery of admissible evidence or it is at least relevant evidence.


Which is exactly why it's inadmissable and any rational person should be condemning the attempt to obtain it. Because the criteria for such an investigation is absolutely zero. Anyone could be subject to this process for any reason at all. There's a reason why we talk about prosecutorial burden in our legal system. It's specifically to prevent abuses like this. Just because you don't like the people who are the targets of this investigation is no reason to turn a blind eye to this sort of abuse. Today it's Gonzales and Rove. Tomorrow it might be someone you don't dislike. But if you establish and allow the process today, it'll be allowed tomorrow.

It's a bad idea all the way around.

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Perhaps you think this is too broad.


Yes. It is. What part of that do you not get? There's no "perhaps" involved. It's waaaaay too broad. The rationale for the investigation is way to flimsy. You've basically got a party that does not like the political decisions made by the other party, so they're trying to misuse the legal system to force them to change their positions (or punish them for making ones they don't like in this particular case).

It's incredibly scary stuff IMO. You should be concerned about it.

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How about I show you a typical federal form interrogatory request regarding email from a corporation:

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G. Email. Identify all email systems in use, including but not limited to the following:

1. all email software and versions presently and previously used by [Plaintiff] [Defendant] [Third Party] and the dates of use;

2. all hardware that has been used or is currently in use as a server for the email system, including its name;

3. the specific types of hardware that were used as terminals into the email system (including home PCs, laptops, desktops, cell phones, PDAs, etc.) and for each its current location;

4. how many users there have been on each email system (delineate between past and current users);

5. whether the email is encrypted in any way and the passwords for all users;

6. all users known to you who have generated email related to the subject matter of this litigation;

7. all email known to you (including creation date, recipient(s), and sender) that relate to, reference, or are relevant to the subject matter of this litigation.


That's very nice. I'm not sure what you think it proves. Can the government subpoena email evidence? Of course they can. The issue isn't over the process of doing so, but the *reason* for doing so. You have to have a crime before you can do something like this. Right now, they have no crime. They have no evidence of wrongdoing. Why are they pursuing evidence collection? Because they believe that if they collect enough, they might find evidence of a crime.

And that's a fishing expedition. Plain and simple.

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Here's a nice request to produce to go along with that interrogatory:
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[Produce] Exact copies (i.e., bit-by-bit copies) of all hard drives on the desktop computers, laptop computers, notebook computers, personal digital assistant computers, servers, and other electronic media related to this action from [relevant time period].


It is clear that you can get just about anything you want and "relevant" is nearly all encompassing.


Sure. Except for the part where you have to have evidence of a crime and a reasonable suspicion that more evidence will be found on said email and hard drives. You can't just decide to go looking for evidence of a crime. It's the wrong order. You have to have a crime first, then collect evidence to prove who committed or was involved in the crime. You can't just collect evidence and then see who's guilty of something.


It's a complete violation of the very foundation of our legal system.
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#61 Apr 17 2007 at 1:20 PM Rating: Decent
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You can't just poke around and see if a crime has been committed.

Sure you can.

Perhaps you're mistaking this with a criminal investigation.




It's a complete violation of the very foundation of our legal system.


Right, I see that you are.

Let me save anyone else the time of arguing with you. Gbaji has no idea what the rules or procedures of congressional inquiries are. None, zero, zilch, zip, nada.

You're wasting your time. He might as well be arguing using the rules of baseball.

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#62 Apr 17 2007 at 1:39 PM Rating: Decent
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Smasharoo wrote:
You can't just poke around and see if a crime has been committed.

Sure you can.

Perhaps you're mistaking this with a criminal investigation.


No. I'm not. Hence why I've repeatedly stated that the purpose of the investigation is *not* to find someone guilty of a crime, but to find embarrasing information on the other party.

They are, however, using an investigative process that is *supposed* to restrict itself to criminal/constitutional violations in order to do this, which is what I'm talking about here.

There is absolutely no rule in our federal law that says that the president cannot fire these attorneys for any damn reason he wants. Period. Thus, there is no justification for *any* investigation into the reasons they were fired. Period.

What part of that is confusing? There can be no violation of law, nor overstepping of constitutional power. The president has absolute discretion on this matter.


Quote:
Let me save anyone else the time of arguing with you. Gbaji has no idea what the rules or procedures of congressional inquiries are. None, zero, zilch, zip, nada.


Ok. Fine. Explain to me under what justification this investigation is being conducted. What power granted to congress gives it the right to do this?

For bonus points, explain exactly how this justification could not be used at any time for any reason against anyone that the party in power in congress did not like?

For even more bonus points, explain how this is a good idea.


Since you apparently know everything that is...
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King Nobby wrote:
More words please
#63 Apr 17 2007 at 8:27 PM Rating: Decent
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You have to have a crime before you can do something like this. Right now, they have no crime.

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There is absolutely no rule in our federal law that says that the president cannot fire these attorneys for any damn reason he wants. Period. Thus, there is no justification for *any* investigation into the reasons they were fired. Period.

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Explain to me under what justification this investigation is being conducted. What power granted to congress gives it the right to do this?


First off, according to McGrain v. Daugherty, 273 U.S. 135 (1927):

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The Court upheld Daugherty's contempt conviction, establishing a presumption that congressional investigations have a legislative purpose. This presumption was not overcome by showing that the committee also had another purpose, such as exposure of wrongdoing. This presumption would later restrict the Court's hand in clear cases of congressional overreaching while investigating communists after World War II.
http://www.oyez.org/cases/1901-1939/1924/1924_28/

The Supreme Court stated:

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It is quite true that the resolution directing the investigation does not in terms avow that it is intended to be in aid of legislation; but it does show the subject to be investigated was the administration of the Department of Justice — whether its functions were being properly discharged or were being neglected or misdirected, and particularly whether the Attorney General and his assistants were performing or neglecting their duties in respect of the institution and prosecution of proceedings to punish crimes and enforce appropriate remedies against the wrong doers; specific instances of alleged neglect being cited. Plainly the Subject was one on which legislation could be had and would be materially aided by the information which the investigation was calculated to elicit. This becomes manifest when it is reflected that the functions of the Department of Justice, the powers and duties of the Attorney General, and the duties of his assistants are all subject to regulation by congressional legislation, and that the department is maintained and its activities are carried on under appropriations as in the judgment of Congress needed from year to year.


Secondly, pursuant to 18 USC 1512(b) and (c):

Quote:
(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—
(1) influence, delay, or prevent the testimony of any person in an official proceeding;
(2) cause or induce any person to—
(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;
(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(D) be absent from an official proceeding to which such person has been summoned by legal process; or
(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings;
shall be fined under this title or imprisoned not more than ten years, or both.

(c) Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.


Apply the facts as you wish, but there are Congressional investigatory powers affirmed by the Supreme Court and potential federal crimes to investigate.
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#64 Apr 17 2007 at 8:31 PM Rating: Decent
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Don't confuse him with the law. It's just not worth it.
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#65 Apr 17 2007 at 8:42 PM Rating: Good
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There was a pretty funny commentary on The Daily Show tonight regarding those lost emailsand how it may have happened.

I think I linked those right, not sure, I've been on the sauce.


OK, I didn't. It's the two entitled "The Amazing Erase" and "Server Crossfire".

Edited, Apr 17th 2007 10:44pm by Kakar
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#66 Apr 18 2007 at 8:14 PM Rating: Decent
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Addikeys wrote:
Quote:
There is absolutely no rule in our federal law that says that the president cannot fire these attorneys for any damn reason he wants. Period. Thus, there is no justification for *any* investigation into the reasons they were fired. Period.

Quote:
Explain to me under what justification this investigation is being conducted. What power granted to congress gives it the right to do this?


<bunch of stuff>

Apply the facts as you wish, but there are Congressional investigatory powers affirmed by the Supreme Court and potential federal crimes to investigate.


I didn't ask you whether Congress has the authority to conduct investigations in general. I asked you whether they had the authority to conduct an investigation "into the reasons they were fired".

Congress can conduct investigations into matters pertaining to areas they legistatively control or fund. Thus, they can investigate the actions of members of the Justice Department, because they fund the Justice Department. But only to the extent that they are doing their job and "earning their keep".

The power to fire appointees in this case rests solely with the President. It is *not* a subject upon which the Congres has any interest or power in directly. If he were changing their salaries, or telling them what cases to pursue and which not to, that might be the case. But any investigation could *only* involve such issues. They cannot by definition and constitutional law investigate into "why they were fired". Well. They *can*. But their investigation would not stand up to consitutional muster and they know it. That's why this particular approach is being used. Congress knows that they can't actually pursue this legally. They have absolutely no grounds to protest the removal of an appointee. So they're manipulating the situation in order to try it in the court of public opinion instead.


Obviously, it's working. But you need to recognize that it's not because they have the legal ground to do what they're doing, but largely because most of "the people" don't realize that they don't.
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#67 Apr 19 2007 at 12:28 AM Rating: Decent
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But you need to recognize that it's not because they have the legal ground to do what they're doing, but largely because most of "the people" don't realize that they don't.


Yeah, "the people" including the Supreme Court, all of the DoJ lawyers, everyone in the country with an IQ over 80, many dogs, cats and gerbils etc. In fact, about the only people who even try to make the case that they don't have the legal authority are let me think here, oh yes, PEOPLE WHO DON'T UNDERSTAND THE LAW AT ALL.

So no big shock you're on board there, I suppose.

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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

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