(03-27-2023 09:49 AM)OptimisticOwl Wrote: No wonder there are always lawyers on both sides of every dispute.
Watching the true crime on 20/20 et al, I am always struck by the fact that even 20 years later, despite whatever evidence has turned up in the interim, the defense lawyers are always sure of their client's innocence and the prosecutors are always sure of his guilt.
Tanq, if those words matter, what can I do about the guy who told me to stuff a buzzsaw up my ***? What crime should he be charged with? (I have a feeling I might be in line for a similar comment from Tanq himself).
Lolz. Not in sarcasm, I just chuckled at the comment. And no, that is *far* from worthy for a similar comment. If you want worthy go to the Spin Room last night.... lol.
First, *you* stuffing a buzzsaw up *your* ass isnt a crime. He is not asking you to commit a crime.
Second, the issue is asking someone else to commit a crime -- not just commit a crime but to execute the crime as the sole person who can do it.
Even in that case, asking you to (do X, where X is the sole action of the crime) isnt chargeable as 'committing X'. The issue then becomes whether is an attempt or another 'form'.
An attempt is an action step in the crime, beyond preparation. That is if four guys noodle around over poker on how to do an armed bank robbery, and plan it out -- no real attempt has been made. The second someone boosts a license plate for the getaway car -- it is 'attempted X'.
There are some forms where only one person can complete the crime. Like, an insurance adjuster for a type of insurance fraud; a CFO or controller for an inside embezzlement or other types of fraud; an accountant for still other types of fraud; a securities broker for a style of lending fraud; Madoff making up books out of whole cloth. (i.e. see my examples above).
If the preparation has been made, then the action of the single person is completing the crime. That is the adjuster knowingly tacks on another zero to the amount, the controller issues you an improper check, the accountant makes the entry signifying there is a wholly different deal on the Nigerian barge, the securities broker tells the lender you have 18 million in AAA bonds when you dont.
Those steps are the completed crime. Asking any of the above to complete the crime is, by my accounts, beyond mere preparation. And in each case, what to me seems an attempt, is still mere words. But they are each a step to complete the crime beyond mere preparation.
Turning to Trump -- the preparation was clearly Eastman writing up the plan. And maybe extending to a group discussing how best to achieve the plan.
Asking Pence to actually make the ruling per the plan is directly asking the *only* person who can complete the crime to actually complete it. Trying to coerce him over the week preceding as wel. Or, having all the underlings organize the alternative slates of electors -- that is a step in furtherance of the crime, beyond merely 'talking about it'. Each of those is directly taking an action to complete the crime.
Back to your buzzsaw, notwithstanding the 'you' and 'your ass' issue, change it to him asking you to stick a buzzsaw up someone else's ass. If you answer yes, and then go to the store and get a proper buzzsaw, that would be all of: an attempt, conspiracy to, and on his part solicitation.
Hope this primer answers your question.