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Subject: Hillary's Legal Precedent rss

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galad2003 wrote:

Awesome

Quote:
A Marine Corps officer who has been locked in a legal battle with his service after self-reporting that he improperly disseminated classified information will use Hillary Clinton’s email case to fight his involuntary separation from the service, his lawyer said.


https://www.washingtonpost.com/news/checkpoint/wp/2016/07/07...


Good luck. I hope he gets vindicated. His story sounds about as ridiculous as Clinton's. Remember though, the military fall under the UCMJ, which is an entirely different legal structure than what Clinton does.
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Should help out Powell and Rice when they bring investigations against them for the same thing.
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Daniel Edwards
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Relying on a legal defense that is two days old probably goes into the risky category.
 
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myopia wrote:
Relying on a legal defense that is two days old probably goes into the risky category.
technically though, they used precedent of (lack of) other cases to let Clinton off, so it's not like her case was the precedent.
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TheChin! wrote:
myopia wrote:
Relying on a legal defense that is two days old probably goes into the risky category.
technically though, they used precedent of (lack of) other cases to let Clinton off, so it's not like her case was the precedent.


Of course that was largely due to intent, when there was clearly intent here.


Also I don't see how you can base something on something that never really became a "case".
 
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That dog won't hunt.

Hillary was an Officer of the United States, a member of the cabinet, duly approved by Congress. If she did something wrong, it was up to our beloved Congress to impeach and try her, the maximum penalty being removal from office. Otherwise, she was acting as a deputy of the President, who has full power to declassify anything he wants. Sovereign immunity.

(He also has the power to pardon anyone he wants. Mass pardon of illegals?)

An officer in the military is under the military code of justice. "Inferior" (lesser) officers are appointed by the President or his subordinates. If you make the argument that he, too, is an Officer appointed by Congress, then the most you can do is remove him from office--and likewise any other Officer in the military, possibly down to petty officers, whether Navy POs 3rd or Corporals.

There's a can of wyrms.
 
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Tall_Walt wrote:
That dog won't hunt.

Hillary was an Officer of the United States, a member of the cabinet, duly approved by Congress. If she did something wrong, it was up to our beloved Congress to impeach and try her, the maximum penalty being removal from office.


That's actually not true. People in public office aren't immune from legal prosecution for crimes...
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jageroxorz wrote:
Tall_Walt wrote:
That dog won't hunt.

Hillary was an Officer of the United States, a member of the cabinet, duly approved by Congress. If she did something wrong, it was up to our beloved Congress to impeach and try her, the maximum penalty being removal from office.

That's actually not true. People in public office aren't immune from legal prosecution for crimes...

If she had committed a civil crime, like robbery or theft. She exercised the power of a cabinet member: it's up to our beloved Congress to hold her or her President to account--and he can pardon her up until the moment he is impeached. That's why nothing meaningful ever happened. Nothing meaningful could happen.

Our beloved Congress in (in)action!
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Tall_Walt wrote:
jageroxorz wrote:
Tall_Walt wrote:
That dog won't hunt.

Hillary was an Officer of the United States, a member of the cabinet, duly approved by Congress. If she did something wrong, it was up to our beloved Congress to impeach and try her, the maximum penalty being removal from office.

That's actually not true. People in public office aren't immune from legal prosecution for crimes...

If she had committed a civil crime, like robbery or theft. She exercised the power of a cabinet member: it's up to our beloved Congress to hold her or her President to account--and he can pardon her up until the moment he is impeached. That's why nothing meaningful ever happened. Nothing meaningful could happen.

Our beloved Congress in (in)action!


Cabinet members aren't immune from laws, what are you smoking? Nobody, including her, has claimed immunity.
 
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jageroxorz wrote:
Cabinet members aren't immune from laws, what are you smoking? Nobody, including her, has claimed immunity.

They have Sovereign Immunity for actions they take as part of their jobs, or Rumsfeld would be tried for killing Iraqis. I haven't heard any accusation of anything Clinton did not as Sec'y of State.

And, the President could still pardon her (though that would be an admission of guilt, as was held when Ford pardoned Nixon).
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Tall_Walt wrote:
That dog won't hunt.

Hillary was an Officer of the United States, a member of the cabinet, duly approved by Congress. If she did something wrong, it was up to our beloved Congress to impeach and try her, the maximum penalty being removal from office. Otherwise, she was acting as a deputy of the President, who has full power to declassify anything he wants. Sovereign immunity.

(He also has the power to pardon anyone he wants. Mass pardon of illegals?)

An officer in the military is under the military code of justice. "Inferior" (lesser) officers are appointed by the President or his subordinates. If you make the argument that he, too, is an Officer appointed by Congress, then the most you can do is remove him from office--and likewise any other Officer in the military, possibly down to petty officers, whether Navy POs 3rd or Corporals.

There's a can of wyrms.
Also, as she is no longer working there I am not sure how he can claim her lack of prosecution as a reason he should still have a job.
 
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Did anyone read the article? One large difference here is that the officer was intentionally keeping classified documents on a storage device (hundreds of documents, iirc) in order to use in writing a book. It's not just negligence we're talking about here. Big difference. Not only was he intentionally ignoring the security environment, he was hoping to profit from it.
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Altair IV wrote:


Should help out Powell and Rice when they bring investigations against them for the same thing.



You know that these cases are not like each other - setting up a server in your residence is very different from partial use of yahoo or google email client. (and especially in Powell's case this is technology retconning at its finest).

but I understand the left's need to make sure to draw the equivalence defense (but they did it too!!!)
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Utrecht wrote:
Altair IV wrote:


Should help out Powell and Rice when they bring investigations against them for the same thing.



You know that these cases are not like each other - setting up a server in your residence is very different from partial use of yahoo or google email client. (and especially in Powell's case this is technology retconning at its finest).

but I understand the left's need to make sure to draw the equivalence defense (but they did it too!!!)


Being not like each other depends on where you sit. If your enitre world view depends on Hilary being Satan's spawn then yes they are different. If you look at words on paper they are exactly the same.

They should all be investigated and if found guily of a crime then let justice take its course.

...again, unless you world view depends on partisan hackery.


Time for a new pot of spaghetti to toss.
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Altair IV wrote:
Utrecht wrote:
Altair IV wrote:


Should help out Powell and Rice when they bring investigations against them for the same thing. ;)



You know that these cases are not like each other - setting up a server in your residence is very different from partial use of yahoo or google email client. (and especially in Powell's case this is technology retconning at its finest).

but I understand the left's need to make sure to draw the equivalence defense (but they did it too!!!)


Being not like each other depends on where you sit. If your enitre world view depends on Hilary being Satan's spawn then yes they are different. If you look at words on paper they are exactly the same.

They should all be investigated and if found guily of a crime then let justice take its course.

...again, unless you world view depends on partisan hackery.


Time for a new pot of spaghetti to toss.
Which is of course the real point here, it was the systems in place (not HILLARYYYY!!!!) that is really at fault.

Hell even the damning FBI report (well statement) makes it clear this was a culture, not just Clinton.
 
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