Tag: law

The “knucklehead” defense

This is the legal defense to which Vibrant America resorts to when the “he wuz a good boy, he wuz gwan to callege” and the “dindu nuffin” defenses fail. It’s not good to see the police preemptively adopting it; aren’t they supposed to be on the side of the prosecution and leave the exculpatory explanations to the defense?

“Kids make stupid mistakes, I shouldn’t call them kids, they are legally adults, but they are young adults and the make stupid decisions. That certainly will be part of whether or not we seek a hate crime, determine whether or not this is sincere or stupid ranting and raving.”
– Kevin Duffin, Detective Commander, Chicago Police

And this is why identity politics are the new normal in America. There is no returning from this, because demographics is destiny. #BLMKidnapping

Dealing with defamation

Melania Trump files suit in Maryland:

The original complaint filed in Maryland Circuit Court focused on an Aug. 19 Daily Mail article entitled, “Naked photoshoots, and troubling questions about visas that won’t go away: The VERY racy past of Donald Trump’s Slovenian wife.”

“The statements of fact in the Daily Mail Article are false. Plaintiff did legitimate and legal modeling work for legitimate business entities and did not work for any ‘gentleman’s club’ or ‘escort’ agencies. Plaintiff was not a sex worker, escort or prostitute in any way, shape or form, nor did she ever have a composite or presentation card for the sex business,” the lawsuit said.

“Plaintiff did not come to the United States until 1996. Thus, Plaintiff did not, and could not have participated in a photo shoot in the United States or met her current husband in the United States prior to that time,” the lawsuit also said.

So, she’s considerably more of a public figure than I am, the accusation is less harmful, and she doesn’t even have multiple examples of documentary evidence of malice on the part of the accused demonstrated over an extended period of time.

And yet, the Daily Mail is likely going to try to settle.

Meanwhile, keep in mind the owner of Amazing Stories attitude toward lawsuits before you defend his right to engage to defend defamatory practices:

I don’t want to become an industry that threatens to sue everyone improperly using the name, but I also have a duty to my licensing partners to preserve and protect it. Right now I am spending what little free cash I have on IP attorneys. The research they are doing will determine who we go after and how; we’re still trying to decide whether to get settlements from “little guys” first, or go after a big kahuna first. The latter is potentially more attractive for a variety of reasons – publicity, the potential winnings (some have already been informed of their infringement and have chosen to ignore that notice, which means they could be up for treble damages) and the possibility of making things better for many others who find themselves in similar circumstances; going after little guys first is usually done to help build a case against the larger guys, but it usually involves a lot of what some might call “intimidation” and I’m not that comfortable with that. But in the end the attorneys are going to tell me what our best course will be and we’ll pursue it.

Steve Davidson was obviously quite comfortable with engaging in lawfare when he thought it suited him. And he already knows he has a little problem on his hands here.

anyone having access to good information to defamation and anti-nazi laws in EU countries, please get in touch with me

It’s rather depressing to learn that a guy whose wife was diagnosed with cancer in April prefers to spend his time and financial resources on defamation rather than on her, but, as the Austrians say, all value is subjective. What is wrong with these people?

Anyhow, it would certainly be amusing to end up in possession of the Amazing Stories trademark as a result of all this. We’ve already been reviewing an example of case law with $235k in damages for defamation alone in New Hampshire, an award that was appealed and upheld. Considering that I am an editor and publisher of leading Jewish and Israeli authors, including two books coming out in the next four months, it should be readily apparent that Mr. Davidson’s publication of Ms Meadow’s defamatory claim was both wanton and malicious.

Interestingly enough, one of those authors is even considered a world expert on fascism, having written one of the foremost academic treatments of it.

Right now, the bulk of Experimenter’s budget is being spent on intellectual property attorneys. 

No worries, we can fix that.

Fighting for due process

The Minnesota Golden Gophers take a strong stand for due process for college men:

Minnesota football players announced Thursday night that they were boycotting all football activities in the wake of the suspensions this week of 10 teammates. The school did not specify the reasons for the suspensions in Tuesday’s announcement. Ray Buford Sr., the father of defensive back Ray Buford Jr., one of the suspended players, said Wednesday the suspensions resulted from a Title IX investigation conducted by the university into an alleged sexual assault, which was separate from a police investigation into the alleged assault in the early hours of Sept. 2.

The other suspended players are sophomore running back Carlton Djam; freshman quarterback Seth Green; sophomore defensive back KiAnte Hardin; redshirt freshman defensive back Dior Johnson; freshman defensive lineman Tamarion Johnson; junior running back Kobe McCrary; sophomore defensive back Antonio Shenault; freshman quarterback Mark Williams; and freshman defensive back Antoine Winfield Jr.

In a statement read by senior wide receiver Drew Wolitarsky, the players said: “The boycott will remain effective until due process is followed and suspensions for all 10 players involved are lifted.”

The statement said the players were forced to take action after an unsatisfactory meeting with athletic director Mark Coyle in which they “wanted answers but received misleading statements.”

Coyle and university president Eric W. Kaler released a joint statement after the players’ announcement that read: “We understand that a lot of confusion and frustration exists as a result of this week’s suspension of 10 Gopher Football players from all team activities. The reality is that not everyone can have all of the facts, and unfortunately the University cannot share more information due to federal laws regarding student privacy.

“We fully support our Gopher football players and all of our student-athletes. Situations like this are always difficult, and the decision was made in consultation with and has the full support of President Eric Kaler. The decision was based on facts and is reflective of the University’s values. We want to continue an open dialogue with our players and will work to do that over the coming days. It’s important that we continue to work together as we move through this difficult time.”

There has been some confusion about whether or not Gophers coach Tracy Claeys backed the decision to suspend the players. Coyle and Kaler said Claeys was consulted, but the players said Thursday night they did not believe their coach had a say in the matter.

Claeys spoke out in support of his players on Twitter after their decision to boycott. Former Minnesota Vikings star cornerback Antoine Winfield Sr. said his son did nothing wrong and blistered university leadership for what he said was a lack of communication.

“If the president and athletic director keep their jobs, my son, Antoine Winfield Jr., will not attend the University of Minnesota,” Winfield Sr. said.

The players are demanding a closed-door meeting with members of the board of regents without the presence of Coyle or Kaler.

If other bowl-bound football teams join the Gopher protest against the complete lack of due process afforded young men in college who are accused of sexual misconduct, I suspect the extralegal nonsense of the last 30 years will be undone rather quickly.

No one is saying that football players, particularly black football players, don’t behave badly from time to time around women and break the law. I know a woman who was raped by a black football player at the University of Minnesota, and it wasn’t one of those next-day-regret “rapes” either. But that’s clearly not the situation here since the police have already investigated and the players were not even arrested, let alone charged with any crime. Moreover, only three players were investigated by the police, but ten are now suspended by the university at the behest of the Title IX investigation.

It would certainly make for an intriguing dilemma if the universities were forced to choose between their SJW-converged internal justice system-substitutes and the football-generated revenue produced by the players.

Anyone seen John Podesta lately?

Cheese pizza ring smashed in Norway:

Norwegian police have filed charges against 51 individuals involved in a grotesque paedophilia ring thought to be one of the largest child sexual abuse cases in the nation’s history.
Dubbed ‘Operation Dark Room’, the police action revealed a number of atrocities against children as young as infancy.

Police seized 150 terabytes of data material in the form of photos, movies and chat transcripts between members of various paedophile networks.

“The material shows the abuse of children of all ages, including infants,” Hilde Reikrås, the head of Operation Dark Room, said at a press conference on Sunday.

#Pizzagate. The Canadian news was old. The Norwegian news is not.

UPDATE: And now there is #Twittergate to go with it.

Daily Star Online revealed how thousands of sick accounts hosting graphic images had been exposed by a gamer known only as Molly in an incident dubbed “Twittergate” online.

The indecent images of boys and girls, often accompanied by the caption “legalise 14”, were flagged to Twitter.

Twitter has yet to make comment in response to the claims.

The revelations have sent shockwaves through the online community, who are repulsed that the social network is being used to produce and distribute indecent images of children.

There have been concerns over the alleged censorship of whistleblowers too, as Twitter tries to remove any indecent images from the web.

Many claim it was the company’s attempt to whitewash the situation.

However, Twitter explained to Molly that it had suspended her account because “regardless of intent, posting such images or links puts our users in danger of commiting a serious crime by accessing that content. This content is not allowed on Twitter and we do take action to remove it wehn it is reported to us.”

User BernforBernie wrote: “And Twitter decides to shut down the messenger.”

There is material evil in this world. Never, ever, think that it does not exist.

No charges for Clintons

The media breathlessly reports that Bill and Hillary will escape scot-free from everything they didn’t do anyhow:

After Trump stunned the nation during the second presidential debate with Hillary Clinton, in which he quipped that under a Trump presidency “she would be in jail”, and suggested that he would demand a special prosecutor probe into Clinton’s email server and the Clinton foundation, moments ago MSNBC’s Morning Joe reported, citing a source, that president-elect Donald Trump will not pursue any investigations into his former political rival Hillary Clinton “for her use of a private email server and the Clinton foundation.”

Trump reportedly feels that Clinton has “been through enough.”

Trump had routinely attacked Clinton on the campaign trail over her use of a private server as secretary of State and for foreign donations to the Clinton Foundation while she was in the Obama administration.

The report, first announced by Mika Brzezinski, comes just a week after a 60 Minutes interview where Trump indicated that he may not launch a full investigation into the Democratic nominee. “I’m gonna think about it,” he said at the time to Leslie Stahl. “I don’t wanna hurt them. They’re good people,” he continued of the Clintons.

Again, for the Nth time, Settle. Down. Relax. The God-Emperor Ascendant clearly believes in keeping his enemies in the dark. I would not assume anything at all on the basis of news reports on a topic as sensitive as this.

Even if you insist on parsing the statement, we all know that Hillary is guilty of far worse crimes than setting up a private email server. And so does he.

UPDATE: Trump says “no” when asked if he is taking investigations off the table for the Clintons, @maggieNYT

Remember remember the 5th of November

Anonymous plants its flag and declares that the information it possesses will be made available “to the public in an organized, searchable, manageable way.”

Anonymous 11/03/16 00:09:23 No.95833740

Over the next few days many new documents will be released. The contents of these documents will contain evidence of perhaps the largest coverup in American History. Before this happens we would like to explain ourselves and answer a few questions you may have.

Until this month, WikiLeaks and Anonymous have worked together in building an efficient, detailed, comprehensive set of documents that would be responsible for the incarceration of Hillary Clinton, Bill Clinton, and 21 individuals ranging from the DNC, FBI, CIA, and Clinton foundation. These documents will show without a doubt, evidence of Treason, Obstruction of Justice, Election Fraud/Manipulation, and Bribery.

This was intended to be the October surprise. But before the release of these documents, we were contacted by a member of the FBI, as well as another from the CIA, and a week later by the NYPD. All with information retaining to something much darker than even we imagined.

Due to the nature of these leaks, we all worked together as efficiently as possible to ensure two objectives.

  1. That all necessary information would be given to the public in an organized, searchable, manageable way.
  2. Those who provided us with this information would be able to find safety before these releases were made. (This concern wasn’t without warrant.)

Anonymous 11/03/16 00:09:46 No.95833807

The new leaks being released this week will provide documents in the form of emails, pictures, and videos. Within these will be evidence of Bill Clinton, as well as at least 6 other Government officials, taking part in sexual acts with minors. As well as evidence of Human trafficking that also included minors.

We believe these pictures and videos were taken for the purpose of political manipulation. In order to make sure all participants followed through on a previously agreed agenda.

These documents were given to us by an American Governement official when he had come to learn that this crime had been covered up by Hilary and her staff through methods including bribery and blackmail. He also told us that due to the restricted access to these documents, they would soon know he was the one who released him to us.

We tried to make arrangements for him to exit the country safely, but he was killed before those arrangements could be carried out. We are still not sure if this is because they became aware of the leak, or if they were scared that he may in the future. In either case, his identity will be made public in this next set of leaks so that he can be honored for the hero that he was.

We will not only be releasing these documents, but we have multiple memebers of the FBI, CIA, and NYBD who will be publicly verifying their authenticity once their safety is assured.

This hack has not come from Russia or anyone else they may try to blame this on. This is a leak from Americas own Government Officials who fear for their safety had the opposed them directly due to reasons that will be made clear soon.

We thank you for your patience, as well as your determination and assistance in helping us expose the corruption that has infested our own government. Democracy will be restored to America.

Remember remember the 5th of November.

The dates would appear to preclude the possibility, but I can’t help wondering if the inexplicable suicide of Maj. Gen. John Rossi two days before he was to receive his third star might have been somehow connected to the events that Anonymous is describing.

The Army acknowledged Friday that Maj. Gen. John Rossi committed suicide on July 31, making him the highest-ranking soldier ever to have taken his own life. Rossi, who was 55, was just two days from pinning on his third star and taking command of Army Space and Missile Command when he killed himself at his home at Redstone Arsenal in Alabama. ‘ 

And if you’re still dubious about the idea that the Podesta emails refer to children, consider this email:

With enormous gratitude to Advance Man Extraordinaire Haber, I am popping up again to share our excitement about the Reprise of Our Gang’s visit to the farm in Lovettsville. And I thought I’d share a couple more notes:  We plan to heat the pool, so a swim is a possibility. Bonnie will be Uber Service to transport Ruby, Emerson, and Maeve Luzzatto (11, 9, and almost 7) so you’ll have some further entertainment, and they will be in that pool for sure. 

Excitement about further entertainment from children between the ages of 7 and 11? Many of you are parents, have you ever known anyone to talk that way? Now consider a picture from the mother’s Twitter account, captioned “Best party of the summer!”

UPDATE: Look, there are three possibilities. A) All of it is true and will be released as stated. B) Most of it is fiction and it’s all been done for the lulz. C) All of it is true and none of it will come out. I don’t know and neither do you. But, you have to admit, considerably more has already come out than ever before, and the promised release is consistent with the rumors of the circles of power being abuzz.

It will be what it is. Relax. We’ll find out soon enough. In any case, all of this is obviously helping the God-Emperor ascend to the Cherry Blossom Throne. And above all, remember Matthew 10:28 and recall that WE do not fear THEM.

To be or not to be today

Looks like we’ll find out soon enough if anything is going to be done before the election about the alleged Podesta Code and the dark rumors that have been swirling around Hillary, Huma, and the Clinton Foundation:

FBI Director James Comey issued a mandate late Thursday instructing all available special agents from the Washington D.C. field office and Hoover Building headquarters to report to work immediately, federal law enforcement sources told True Pundit.

“We’re preparing for many arrests from the top down,” the FBI source said. “I cannot elaborate beyond that.”

When pressed to better define what “from the top down” meant in terms of possible suspects, the source refused to elaborate.

“You’re a smart guy; read between the lines,” the source said.

As to whether Truepundit merits being taken seriously, we do know that General Flynn appears to be taking it at face value:


General Flynn@GenFlynn Nov 2
U decide – NYPD Blows Whistle on New Hillary Emails: Money Laundering, Sex Crimes w Children, etc…MUST READ!

That tweet is particularly interesting in light of the fact that Lt. Gen. Michael T. Flynn, US Army (ret.) is one of Donald Trump’s advisors. The seriousness of the situation may be indicated by the fact that Trump has NOT yet tweeted any direct references to it; his usual pattern is to troll people whenever there is an angle to make them look bad. Whatever it is, he is almost certain to know more about it than we do.

Donald J. Trump ‏@realDonaldTrump  Nov 2 Orlando, FL
After decades of lies and scandal, Crooked Hillary’s corruption is closing in. #DrainTheSwamp!

Like everyone else, I wonder why the information hasn’t been released to the public, if it is as bad as is presently being bruited about. But then, it does take time to prepare for an operation of the purported size and significance, and I have no doubt whatsoever that there have been various negotiations and discussions taking place behind closed doors concerning what must be done, what can be done, and what is going to happen regardless of what the authorities do.

Today would appear to be the day things would tend to expect things to go down, but we still haven’t seen WikiLeaks Phase Three and the only thing we know that appears to have happened is the movement of Anthony Weiner to a secure location. If anyone lives near an FBI special agent, perhaps you know if they happen to have worked late last night; other than that, we’re all still in the dark.

Regardless, let us hope and pray that the truth, whatever it is, comes to light soon.

It should be noted that, to their credit, some individuals in the media are already beginning to publicly recant their previous support of Hillary Clinton.

It took me a long time to write this. I had to dig deep into my being to come up with these words. I’m recanting my endorsement of Hillary Clinton for the presidency.

I’m aware of how vindictive Clintonians can be. I’m not speaking about the Clintons themselves, but of those surrounding them. Perhaps the saying is true: dime con quién andas y te diré quién eres. Your staff, your donors, your surrogates, and those you surround yourself with are a reflection of who you truly are, no? If not, why not curb any unacceptable behavior? Silence, indifference, or inaction is as incriminatory-at least to me.

There has been no repudiation, let alone denunciation, of what was said in those emails-just denial, finger pointing, and doublespeak. To appoint the very same folks who carried out many malicious behaviors to tip the scales for Hillary is just as unpardonable.

UPDATE: It appears the FBI and NYPD will have to act today, if they want to do so before Anonymous and WikiLeaks celebrates the 5th of November and everyone finds out what really happened.

The two-bullet theory

Scott Adams presents his two-bullet theory to explain why Comey first covered for Hillary, then exposed her:

My movie says Comey had good evidence against Clinton during the initial investigation but made a judgement call to leave the decision to the American public. For reasons of conscience, and acting as a patriot, Comey explained in clear language to the public exactly what evidence the FBI found against Clinton. The evidence looked daming because it was. Under this interpretation, Comey took a bullet to his reputation for the sake of the Republic. He didn’t want the FBI to steal this important decision away from the people, but at the same time he couldn’t let the people decide blind. So he divulged the evidence and stepped away, like the action hero who doesn’t look back at the explosion.

In the second act of this movie, Comey learns that the Weiner laptop had emails that were so damning it would be a crime against the public to allow them to vote without first seeing a big red flag. And a flag was the best he could do because it was too early in the investigation to leak out bits and pieces of the evidence. That would violate Clinton’s rights.

But Comey couldn’t easily raise a red flag to warn the public because it was against FBI policy to announce a criminal investigation about a candidate so close to election day. So Comey had a choice of either taking another bullet for the Republic or screwing the very country that he has spent his career protecting.

In this movie, Comey did the hero thing. He alerted the public to the fact that the FBI found DISQUALIFYING information on the Weiner laptop. And he took a second bullet to his reputation.

How do I know the new emails are that bad?

I start by assuming Comey is the same man now as the one who was carefully vetted before being hired to protect the integrity of one of our most important institutions. And even Comey’s critics concede he’s smart.

So…

The way you know the new emails are disqualifying for Clinton is because otherwise our hero would have privately informed Congress and honored the tradition of not influencing elections. Comey is smart enough to know his options. And unless he suddenly turned rotten at his current age, he’s got the character to jump in front of a second bullet for the Republic.

According to this movie, no matter who gets elected, we’ll eventually learn of something disqualifying in the Weiner emails.

And we can’t say we weren’t warned. Comey took two bullets to do it.

While I agree with Scott’s conclusion that the emails have to be THAT bad in order to justify Comey’s change of heart, I don’t agree with his twice-heroic interpretation of Comey’s actions. Comey strikes me more as someone who did the dirty the first time around, felt guilty about having failed in his duty, and when given the opportunity to do the right thing and redeem himself, leaped at the chance.

The fact that we have word of an internal rebellion at the FBI and his wife’s initial disappointment in him tends to support this theory. The good news about the redemption theory is that having failed once, and having personally experienced the negative consequences of that failure, I expect Comey is much more likely to hold firm under fire this time around, especially given that he knows he will have the support of those around him. He’s going to need it, too, because he is already coming under tremendous fire from some very powerful people.

Besides, if we’re talking about movies, the Redemption motif is stronger than the Machiavellian Hero story.

Not guilty in Oregon

A welcome smackdown to federal prosecutorial overreach:

A jury Thursday delivered a stunning across-the-board acquittal to the leaders and participants in the Malheur National Wildlife Refuge occupation and a remarkable blow to the federal government as it tries to tamp down a national movement led by a Nevada family to open public lands to ranchers, miners and loggers. The verdicts finding Ammon Bundy, older brother Ryan Bundy and five others not guilty of a federal conspiracy drew elation from defense attorneys who spent five weeks arguing that the armed takeover amounted to a time-honored tradition of First Amendment protest and civil disobedience.

I can’t help but wonder if this isn’t, in part, a consequence of the total refusal of the local, state, and federal authorities to respond in any serious matter to all the Black Lives Matter protests this summer.

The one thing is clear is that white people across the country are increasingly beginning to understand that the federal government and its agencies are not on their side. The days of using the equivalent of “broken taillight” laws to lock up enemies of the state may be coming to an end.

It certainly was the right verdict, considering that the “crime” of which the men were actually accused was a conspiracy to prevent federal employees from going to work.

The Reynolds Reform

Instapundit has to be pleased with this call for lobbying reform on the part of Trump.

Republican presidential candidate Donald Trump on Monday will propose a five-year ban on executive branch officials lobbying after they leave government if he is elected, according to excerpts of a speech on fixing ethics problems in Washington. Trump also will say he plans to ask Congress to impose its own five-year ban on former lawmakers and their staff lobbying as well as set a lifetime ban on senior executive branch officials lobbying for foreign governments.

It’s not quite as strong as Reynolds’s call for a 100 percent tax, but it would certainly help drain a little corruption from the swamp.