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08-15-2023, 10:27 AM
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Senior Member
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Join Date: Mar 2013
Location: Sierras
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Quote:
Originally Posted by finnbow
I did indeed. Contrary to the wingnut opinions casting aspersions against the overt acts (that they are not all criminal acts), the law is clear that they need not themselves be criminal acts, but acts taken to further the conspiracy. OTOH, predicate acts (under Georgia (and Fed)) RICO laws must be criminal and those charged in the indictment are (while no non-criminal overt acts were charged).
This is yet another non-issue that represents a misunderstanding or deliberate obfuscation of the relevant law to rile the rubes (it seems to again have worked again on you).
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Now we know why Giuliani got confused with Four Seasons.
Enrico Trump has a Latin flair to it.
__________________
The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite. Thomas Jefferson
Last edited by Rajoo; 08-15-2023 at 10:32 AM.
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08-15-2023, 10:43 AM
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Senior Member
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Join Date: Mar 2017
Posts: 14,446
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The Trump classified documents judge is no ‘wise Latina’
https://thehill.com/opinion/judiciar...o-wise-latina/
Obstinate and ignorant: she’s the epitome of Whell’s World. Sad!
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"In a time of deceit telling the truth is a revolutionary act." -
George Orwell
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08-15-2023, 10:52 AM
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Banned
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Join Date: Aug 2010
Location: Metro Detroit
Posts: 13,135
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Quote:
Originally Posted by finnbow
I did indeed. Contrary to the wingnut opinions casting aspersions against the overt acts (that they are not all criminal acts), the law is clear that they need not themselves be criminal acts, but acts taken to further the conspiracy. OTOH, predicate acts (under Georgia (and Fed)) RICO laws must be criminal and those charged in the indictment are (while no non-criminal overt acts were charged).
This is yet another non-issue that represents a misunderstanding or deliberate obfuscation of the relevant law to rile the rubes (it seems to again have worked again on you).
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I don't disagree with the first part of your assessment. As to your second paragraph, venture forth and fornicate with thyself.
Examples:
Act 1. On or about the 4th day of November 2020, DONALD JOHN TRUMP made nationally televised speech falsely declaring victory in the 2020 presidential election. Approximately four days earlier, on or about October 31, 2020, DONALD JOHN TRUMP discussed draft speech with unindicted coconspirator
Individual l, whose identity is known to the Grand Jury, that falsely declared victory and falsely claimed voter fraud. The speech was an overt act in furtherance of the conspiracy.
Act 22 On or about the 3rd day of December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "Georgia hearings on @OANN. Amazing!" This was an overt act in furtherance of the conspiracy.
So, the prosecutor claims that preparation for an election night speech and the delivery of that speech are overt acts in furtherance of the conspiracy. All candidates do this. The speech was Trump stating his belief (whether you or I think it was honest or not isn't relevant) that there was something irregular about the vote tallies. Is this not protected speech? And yes, I get the fact that a RICO charge is usually a laundry list of "acts". But at what point is a speech a first amendment right, and at what point does it become and overt act?
At what point is a tweet protected speech versus an overt act? It is incumbent on the prosecution to prove that, for example, the tweet was conspiratorial, correct? It seems that it would be tough to prove that a public tweet directed at no one in particular was "an overt act in furtherance of the conspiracy."
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08-15-2023, 10:59 AM
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Banned
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Join Date: Aug 2010
Location: Metro Detroit
Posts: 13,135
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Quote:
Originally Posted by Chicks
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Get a grip, pinhead. There are plenty of Justices that had no judicial experience prior to their appointment. That includes a current SCOTUS judge named Kagan who was appointed by St. Barry.
And leave it to the left to find an article that drags in a racial angle. (roll eyes).
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08-15-2023, 11:18 AM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 26,554
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Quote:
Originally Posted by whell
I don't disagree with the first part of your assessment. As to your second paragraph, venture forth and fornicate with thyself.
Examples:
Act 1. On or about the 4th day of November 2020, DONALD JOHN TRUMP made nationally televised speech falsely declaring victory in the 2020 presidential election. Approximately four days earlier, on or about October 31, 2020, DONALD JOHN TRUMP discussed draft speech with unindicted coconspirator
Individual l, whose identity is known to the Grand Jury, that falsely declared victory and falsely claimed voter fraud. The speech was an overt act in furtherance of the conspiracy.
Act 22 On or about the 3rd day of December 2020, DONALD JOHN TRUMP caused to be tweeted from the Twitter account @RealDonaldTrump, "Georgia hearings on @OANN. Amazing!" This was an overt act in furtherance of the conspiracy.
So, the prosecutor claims that preparation for an election night speech and the delivery of that speech are overt acts in furtherance of the conspiracy. All candidates do this. The speech was Trump stating his belief (whether you or I think it was honest or not isn't relevant) that there was something irregular about the vote tallies. Is this not protected speech? And yes, I get the fact that a RICO charge is usually a laundry list of "acts". But at what point is a speech a first amendment right, and at what point does it become and overt act?
At what point is a tweet protected speech versus an overt act? It is incumbent on the prosecution to prove that, for example, the tweet was conspiratorial, correct? It seems that it would be tough to prove that a public tweet directed at no one in particular was "an overt act in furtherance of the conspiracy."
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Once again, you (deliberately?) miss the entire point. These overt acts were not charged as crimes. They do, however, serve in this "speaking indictment" to illustrate the broad scope of the charged conspiracy (and thereby the appropriateness of using RICO statutes). FYI, in the indictment, there were 161 overt acts in furtherance of the RICO violation, 40 of which were crimes themselves. A conspiracy prosecution punishes an illegal agreement between two or more parties and although many of the overt acts are often legal, they are used to prove the existence of the broader (illegal) agreement.
Let me make it easy on you - in the Timothy McVeigh/Terry Nichols criminal conspiracy to blow up the Murrow Federal Bldg in OKC, renting a truck, buying ammonium nitrate fertilizer and fuel oil, and scouting the building were all individually legal acts but were overt acts in support of the larger conspiracy. See how that works?
BTW, unindicted co-conspirator #1 appears to be Tom Fitton, the English major and conspiratorial wingnut in charge of Judicial Watch. Not only did his dumb advice (heeded by Trump) result in the secret documents indictments, but his plans (with Trump) to claim voter fraud even prior to the election help demonstrate the planned nature of this conspiracy to defraud the citizens of Georgia (and the US). Had Trump listened to the real legal advice he was getting from competent lawyers, he would have not been indicted by the Fed and Fulton County for the J6 conspiracy nor the secret documents case. These crimes are on Trump and nobody else (other than his co-conspirators).
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As long as the roots are not severed, all will be well in the garden.
Last edited by finnbow; 08-15-2023 at 01:20 PM.
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08-15-2023, 11:22 AM
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Senior Member
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Join Date: Mar 2013
Location: Sierras
Posts: 15,280
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Found the Let's Go Rico flag on Reddit, but am unable to extract the picture.
https://www.reddit.com/media?url=htt...356f&rdt=54698
__________________
The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite. Thomas Jefferson
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08-15-2023, 12:07 PM
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Senior Member
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Join Date: Mar 2020
Posts: 7,538
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Last edited by RickeyM; 08-15-2023 at 12:11 PM.
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08-15-2023, 12:34 PM
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Ready
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Join Date: Oct 2013
Posts: 19,928
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Quote:
Originally Posted by finnbow
I did indeed. Contrary to the wingnut opinions casting aspersions against the mention of overt acts in the indictment (that they are not all criminal acts), the law is clear that they need not themselves be criminal acts, but acts taken to further the conspiracy. OTOH, predicate acts (under Georgia (and Fed)) RICO laws must be criminal and those predicate acts charged in the indictment are indeed criminal (while no non-criminal overt acts were charged).
This is yet another non-issue that represents a misunderstanding or deliberate obfuscation of the relevant law to rile the rubes (it seems to again have worked on you).
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Yep. If you go out and buy lunch for the gang planning the bank robbery, that can be the overt act that gets you in the conspiracy.
On edit: now see you whellsplained it after he 'didn't get it' the first time. He probably still won't get it, of course. He's not here to get things.
Last edited by donquixote99; 08-15-2023 at 12:37 PM.
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08-15-2023, 01:01 PM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 26,554
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Quote:
Originally Posted by donquixote99
Yep. If you go out and buy lunch for the gang planning the bank robbery, that can be the overt act that gets you in the conspiracy.
On edit: now see you whellsplained it after he 'didn't get it' the first time. He probably still won't get it, of course. He's not here to get things.
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All of Whell's facially bogus legal arguments seem to parrot directly those of Jonathan Turley, the disingenuous clown used by Fox News to challenge the validity of any and all accusations of criminality by Trump. This wingnut GWU law professor (and defense counsel for Trump impeachment #1) cheapens the value of my MBA from GWU every times he opens his feckin' mouth.
__________________
As long as the roots are not severed, all will be well in the garden.
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08-15-2023, 01:03 PM
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Reformed Know-Nothing
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Join Date: Oct 2009
Location: MoCo, MD
Posts: 26,554
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This should be fun to watch.
__________________
As long as the roots are not severed, all will be well in the garden.
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