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Old 10-28-16, 06:06 PM   #3436
mapuc
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Originally Posted by Oberon View Post
It's the American election Markus, no-one is going to be satisfied.

Except the media I guess, they'll be raking it in.
I can see you understood what I wrote even though I forgot the word Clinton.

Not when it comes to election, the same goes here in Denmark and in Sweden. I was thinking about this new or should I say reopen of Clinton case


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Old 10-28-16, 06:50 PM   #3437
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Some points to consider.

The justice department has not said that it will never indict Clinton, just that it is not indicting her now.

Why would they not indict her now?

Most likely because she is a candidate for president from a major party and therefore has a good likelihood of being elected president.

Why would this matter?

Because traditionally, the president enjoys a temporary immunity against criminal prosecution via the courts while he or she is serving as president. This tradition of immunity, while supported by past case law and many legal authorities on both sides, has never been tested for constitutionality. And to be honest, there is uncertainty whether presidential immunity would pass judicial review. It has never come up in the SCotUS.

While currently Clinton is a private citizen, if the justice department would indict her, it is most unlikely that the trial would even start until after January 2017. If Clinton becomes president, the trial would stop and be put on hold until her term ended -- 4 or 8 years from now. What prosecutor is willing to start a trial, disclose all their strategy to the defense through discovery only to have the trial put on hold for up to 8 years?

As the FBI director commented, no prosecutor would do this. The prosecution would be put in a position of either waiting until the term ended or petitioning congress and hope congress can impeach and convict her, thereby removing her from office and removing the immunity. The latter is unlikely to happen.

Also, indicting a candidate shortly before an election would be unfairly prejudicial to the candidate. They would be formally accused of a crime but given no time to defend themselves in court. This one-sided issue wold certainly have an effect on the voters.

While the republicans may not have a problem with this, they need to keep in mind that if such a precedent was made, it could easily be applied, in the future to their candidate.

A moments reflection should reveal how this could be abused.

It does not matter if the candidate were ultimately acquitted after the election, the damage to the candidates campaign would be severe and irreversible. We are not going to have a special election if a candidate is acquitted.

What may potentially happen is that Clinton will be indicted when she is either

1. Not elected president and therefore does not have any presidential immunity

2. Removed from office through successful impeachment

3. Becomes a former president who does not have the presidential immunity any more.

Of course indicting a former president won't be easy and convicting her 10 years after the fact will also be difficult.

But in any case, indicting a presidential candidate just prior to an election would be a bad precedent to set. Especially considering that we seem to be devolving back to 19th century style politics.

For good or bad, the president is a unique person in the eyes of the law. The president has a status that no other officer in the country enjoys.

In some cases, this unique status may apply to those few people who may reasonably be expected to be elected. This may be one of those cases.

No prosecutor is going to indict someone who has a reasonable chance of being elected before any trial can end... or even start.
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Old 10-28-16, 06:58 PM   #3438
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Quote:
Originally Posted by Oberon View Post
It's the American election Markus, no-one is going to be satisfied.

Except the media I guess, they'll be raking it in.
Complaining about the President is not only our national past time, but it has become profitable.

It is not going to go away.
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Old 10-28-16, 07:45 PM   #3439
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For good or bad, the president is a unique person in the eyes of the law. The president has a status that no other officer in the country enjoys.
Richard Nixon may not agree with you.
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Old 10-28-16, 08:06 PM   #3440
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Nixon had the unfortunate combination of cold war mentality confronting a huge popular civil unrest over Vietnam. Crazy times then and getting just as crazy now.
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Old 10-28-16, 08:15 PM   #3441
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If--as right wing radio always claims--the Clintons really do have hit squads, I'm wondering if sending one out to deal with perpetual political clown Anthony Weiner might not be crossing their minds right now.
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Old 10-28-16, 09:11 PM   #3442
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Originally Posted by mapuc View Post
If the FBI don't find anything or it's not enough to get her convicted.

Will you be satisfied with this or are you 110 % she's guilty, whatever conclusion the FBI may end with ?

Markus
Here's my feeling on this. I was in the Navy, I held a top secret clearance, had I been as lax as Clinton with information I handled, I know I would have faced a court martial, and at best would have been given a OTH discharge if not sentenced to serve time in Leavenworth.
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Old 10-29-16, 10:26 AM   #3443
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I'm actually rooting for Trump to get elected. Would be hilarious.
I couldn't care less about politics, but I wanna see the world go up in flames, Trump is a good start.
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Old 10-29-16, 12:28 PM   #3444
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I'm actually rooting for Trump to get elected. Would be hilarious.
I couldn't care less about politics, but I wanna see the world go up in flames, Trump is a good start.
From what I have observed here, that's a big, fat faction of what drives the Trump phenomenon.

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Old 10-29-16, 12:47 PM   #3445
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Join the Navy. See the world burn?
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Old 10-29-16, 01:59 PM   #3446
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Join the Navy. See the world burn?
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Old 10-29-16, 02:04 PM   #3447
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Quote:
Originally Posted by MaDef View Post
Here's my feeling on this. I was in the Navy, I held a top secret clearance, had I been as lax as Clinton with information I handled, I know I would have faced a court martial, and at best would have been given a OTH discharge if not sentenced to serve time in Leavenworth.
What makes this so bad is Hillary was at the highest level! She was "careless" and let go on it. Just simply astonishing. The FBI(Funny Business, Inc) lost all credibility. There has to be something in these new found emails on a pervs phone who happens to be married to Hillary's right hand man. If there was not anything of note Comey would not have sent letters to the effect that the case is still open.
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Old 10-29-16, 02:04 PM   #3448
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One of these will fit nicely under Hillary's pantsuit while she does White House arrest at http://www.zillow.com/homedetails/16...84074482_zpid/
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Old 10-29-16, 02:29 PM   #3449
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Quote:
Originally Posted by AVGWarhawk View Post
What makes this so bad is Hillary was at the highest level! She was "careless" and let go on it. Just simply astonishing. The FBI(Funny Business, Inc) lost all credibility. There has to be something in these new found emails on a pervs phone who happens to be married to Hillary's right hand man. If there was not anything of note Comey would not have sent letters to the effect that the case is still open.
It has been reported that the emails found were because Huma, his wife, used the same lap top to store Hillary's email's from Hillary's private server to print out any long pdf emails so Hillary could read them at a more casual glance in her study.

Speculation is that she forgot to deleate 10's of thousands of them and they have to be checked to see if these emails were classifed or even might be new uncovered emails that were deleated from the server, but not her secratary's laptop. They can't even make up their mind whose laptop it is, which would make it even harder to prove in court, which I think this whole thing is going to sink into.

It's going to be roller coaster ride all the way to the White House and for the Stock Market too.

The Stock Market was down Friday just from this news alone ... what happens if she gets arrested after winning the election November 8th?

More news to come Monday October 31st, "Trick or Treat"

Torp do you have a Hillary trick or treat costume for us come Monday?
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Old 10-29-16, 03:15 PM   #3450
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Quote:
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More news to come Monday October 31st, "Trick or Treat"

Torp do you have a Hillary trick or treat costume for us come Monday?
Well, take your pick depending on your political leaning, but Dear God pray you never see Hillary wearing either.

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