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.