(02-26-2018 12:13 PM)Owl 69/70/75 Wrote: I will repeat what I've said before. If I were empaneled on a jury trying Hillary Clinton, and if competent evidence to support the facts asserted by Comey were presented, then I would vote guilty on several counts. And I say that as an attorney who held a top secret clearance during my 22 years in the Navy and Naval Reserve, so I have some good understanding of the laws about national security. And yet she walked.
I actually heard the exact same argument from my crazy gun-loving liberal friend I mentioned in the gun thread, based on discussions he had with his father (who worked in the Air Force JAG for a few decades). I don't practice criminal law, but I disagree (and please believe first that I was not and never have been a HRC-lover and that I am the kind of individual who does a better job than most of abandoning partisan leanings about these sorts of things). As Comey described in the statement you refer to, the FBI evaluated the evidence based on two statutes, the first made "it a felony to mishandle classified information either
intentionally or in a
grossly negligent way, or a second statute making it a misdemeanor to
knowingly remove classified information from appropriate systems or storage facilities." My impression was that HRC was not tech-savvy enough to get over the "intent" hurdle for the felony or the "knowingly" standard for the misdemeanor. That leaves "grossly negligent" as the hurdle. As I understand it (and I admit I only did a couple hours of research at a time when I had some idle curiosity), the "grossly negligent" standard is really just applied when a person didn't do something "intentionally", but really should have known better (something that Clinton didn't seem to have the tech understanding to accomplish).
I saw the Clinton email scandal compared to a number of other criminal cases under the same statute. Each of those I looked at was easily distinguishable. Easily. My other recollection, and something you would likely know better than me, is that some peculiarities of the UCMJ can make prosecution of many offenses easier.
That said, I think it is pretty concerning that HRC, Trump, and plenty of lawmakers on both sides really don't understand the technology that they use and for which they are responsible for writing and enforcing laws. Just IMO, at this point it doesn't really matter.
(02-26-2018 12:13 PM)Owl 69/70/75 Wrote: I was actually considering a vote for her until Comey's disclosures, feeling that a less bombastic alternative to Trump might be good, particularly if republicans held control of congress. I like gridlock better than either party. I was really trying to figure out how Hillary could win with republicans keeping both the house and senate, because I figured the would bring Bill's triangulation skills back into play, and I would frankly be happier if we were currently in Bill's seventh term rather than anyone who followed him.
I want the swamp drained, and that means getting rid of every crook on both sides, but I don't see that happening.
An interesting perspective. I think the current level of gridlock and willingness of the minority on both sides to use procedural tactics makes your desire for a functional split government a bit of a pipe dream. I have had similar thoughts. But both parties have too many extremists who don't seem interested in compromise. Ideally, the parties would work together so one side gets 60% of what they want, the other side gets 50% of what they want (or maybe 70/40). Then the country moves forward (notice it isn't zero-sum, as the figures add up to 110%...). Instead, too many on both sides fight for 100% of what they want. The compromise is that the majority sides gets 60% or 70% of what they want, but the minority gets 0%. That isn't a functioning government, and it seems to have gotten worse and worse since I started paying attention.
(02-26-2018 01:32 PM)OptimisticOwl Wrote: The indictments reflect nothing toward the original focus of the investigation, i. e. collusion between Russian and Trump Campaign to pervert the course of the election. Zero.
I have no idea how you can think this without knowing how the investigation ends. Maybe you are correct and it is just a few corrupt a--holes who happened to launder tens-of-millions of $$$ that they received from pro-Russia entities and who separately worked for the Trump Campaign and transition team. It could be much more than that, but we just don't know. So again, why can't we let the investigation just run its course? If Mueller comes back with nothing else, then I can live with that (and would be thrilled to hear it). Now if Mueller comes out and makes some crazy statement like Comey did with the Clinton email investigation ... let's just say that I think that would be the wrong way to handle it.
(02-26-2018 01:32 PM)OptimisticOwl Wrote: Saying that Manfort would have been subject to blackmail presupposes that nobody in the Clinton Campaign had anything to cover up - yet another demonstration of the "them - dirty, us - clean" thinking that I find so infuriating. You will only find dirt in the places you choose to dig.
I didn't pre-suppose anything, is used the word "could". If someone commits a crime (failing to register as a foreign agent and money laundering) and is working in a sensitive role for the government (or a federal election campaign), that person could be targeted with blackmail. I have to watch a rather boring and obvious training video on this exact kind of situation every year at work. Sounds like 69/70/75 probably watched similar videos.