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Mors Rattus posted:also wait, is he claiming that the government has to disprove entrapment rather than him having to prove it? because i'm pretty sure that's not how entrapment works. lol yes that is literally what he is claiming his argument is that the feds set him up, they told him to do it! And if they can't prove otherwise, clearly, the only thing they can do is let him go.
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# ? Sep 6, 2016 19:24 |
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# ? May 13, 2024 01:53 |
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He also seems to be arguing that since the court appointed attorney is a public defender and paid by the government, they can't properly represent his interests. Also that he didn't get to interview his public defenders to pick one. "You have the right to an attorney, you don't have the right to a specific attorney."
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# ? Sep 6, 2016 19:28 |
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also he appears to be a computer directory
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# ? Sep 6, 2016 19:28 |
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Motion to remove standby counsel denied. Bundy's getting into it with the judge as we speak. On https://twitter.com/maxoregonian edit: ahahaha https://twitter.com/maxoregonian/status/773230858320785408
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# ? Sep 6, 2016 19:46 |
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Discendo Vox posted:Motion to remove standby counsel denied. Bundy's getting into it with the judge as we speak. On https://twitter.com/maxoregonian The absolute madwoman.
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# ? Sep 6, 2016 20:18 |
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Volcott posted:The absolute madwoman. Wait, did they actually call her the "standby counsel?" Isn't she just counsel at this point?
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# ? Sep 6, 2016 20:46 |
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He's still pro se, so not yet?
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# ? Sep 6, 2016 20:47 |
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Mors Rattus posted:He's still pro se, so not yet? I dropped out of law school before* we covered this bit, so I haven't the slightest idea how this works. *it might have also been while we were covering this bit.
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# ? Sep 6, 2016 20:49 |
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WrenP-Complete posted:I dropped out of law school before we covered this bit, so I haven't the slightest. The judge had him submit a document with the reasons why she shouldn't take away his right to defend himself because of disruptions. He must've done that so the judge told him that he can still defend himself as long as there aren't any more disruptions. Today he complained that he still has a lawyer even though he was representing himself, judge told him that the lawyer is just a "standby council" to help him along. He then argued that his brother was able to pick his own council and the judge told him that is because he is paying them, then Ryan complained that it isn't fair that someone not paying for his own council has less rights than someone who does.
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# ? Sep 6, 2016 20:53 |
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Internet Webguy posted:The judge had him submit a document with the reasons why she shouldn't take away his right to defend himself because of disruptions. He must've done that so the judge told him that he can still defend himself as long as there aren't any more disruptions. Thank you! I understood (with low effort) approximately 50% of this before your explanation.
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# ? Sep 6, 2016 21:11 |
I can't wait to hear what the details are on that entrapment claim. I'm guessing it's something like "law enforcement knew we were going there and didn't form a firing line to stop us at the gates, so it's really their fault we committed all those crimes.", but I'm hoping that it's something crazier. Like, maybe he'll claim that, dressed up as it was in such greenery and out in such a remote location, that the wildlife refuge was basically asking to be occupied.
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# ? Sep 6, 2016 21:38 |
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Azathoth posted:I can't wait to hear what the details are on that entrapment claim. I'm guessing it's something like "law enforcement knew we were going there and didn't form a firing line to stop us at the gates, so it's really their fault we committed all those crimes.", but I'm hoping that it's something crazier. Like, maybe he'll claim that, dressed up as it was in such greenery and out in such a remote location, that the wildlife refuge was basically asking to be occupied. The document he submitted appears to contend that the claim is 'I was entrapped! PROVE IT DIDN'T HAPPEN, YOUR MOVE, GOVERNMAILURES'
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# ? Sep 6, 2016 21:39 |
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Can't wait for this goddamn trial. I'll be out on my lunch break taking pictures of the sure-to-exist protestors outside of the courthouse.
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# ? Sep 6, 2016 22:54 |
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Internet Webguy posted:The judge had him submit a document with the reasons why she shouldn't take away his right to defend himself because of disruptions. He must've done that so the judge told him that he can still defend himself as long as there aren't any more disruptions. WTF? How long before he starts e-begging for lawyers now
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# ? Sep 6, 2016 23:16 |
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My annotated pocket constitution didn't tell me about this
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# ? Sep 6, 2016 23:18 |
Mors Rattus posted:The document he submitted appears to contend that the claim is 'I was entrapped! PROVE IT DIDN'T HAPPEN, YOUR MOVE, GOVERNMAILURES' Not that the prosecution will need to argue that, it'd be about 154th on the list of most incriminating things, right between a geotagged image of him holding a signed confession and a video from the local news of him confessing.
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# ? Sep 7, 2016 00:08 |
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In order for there to be entrapment Bundy must demonstrate not only that he was deliberately led to commit a crime by law enforcement agents, but also that he was not predisposed to committing the crime in the first place. Cops can lie to hookers and johns all day long and it isn't entrapment because the people were going to commit the crime whether the police were involved or not. Even if Bundy had an agent coaching him through the entire occupation, its pretty trivial to show that based upon what happened in Nevada he would have done it anyways without the agent's prompting. I have a feeling that he's going to lose his pro se status within a day of trial if he keeps it that long.
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# ? Sep 7, 2016 00:23 |
Mr. Nice! posted:In order for there to be entrapment Bundy must demonstrate not only that he was deliberately led to commit a crime by law enforcement agents, but also that he was not predisposed to committing the crime in the first place.
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# ? Sep 7, 2016 00:25 |
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Well Entrapment is admitting that you did it, or you were going to do the act, but you were coerced or compelled to do so by the law enforcement agency itself. A good example of this would be the agent provocateur, where a undercover policeman encourages repeatedly a group to carry out illegal acts.
Baka-nin has issued a correction as of 00:32 on Sep 7, 2016 |
# ? Sep 7, 2016 00:25 |
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The other thing is that entrapment as a defense has to demonstrate that entrapment occurred, you can't just shout 'ENTRAPMENT!' and have the prosecution have to prove beyond a doubt that it never happened.
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# ? Sep 7, 2016 00:26 |
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Baka-nin posted:Well Entrapment is admitting that you did it, or you were going to do the act, but you were coerced or compelled to do so by the law enforcement agency itself. A good example of this would be the agent provocateur, where a undercover policeman encourages repeatedly a group to carry out illegal acts. But if the government can demonstrate that you would have acted similarly or were predisposed to the action even without the agent provocateur, it isn't entrapment.
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# ? Sep 7, 2016 00:41 |
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If the government hadn't been illegally occupying that land, then the Bundy society wouldn't have gone there to protest. Ergo, entrapment.
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# ? Sep 7, 2016 00:44 |
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# ? Sep 7, 2016 00:44 |
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I have a feeling that in his SovCit brain it was "entrapment" because the Feds were unconstitutionally occupying public land in a maritime fashion and thus encouraging the occupation which he wouldn't have had to do if they weren't so drat gold-fringed, so it's their fault. e: fb
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# ? Sep 7, 2016 00:45 |
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Mr. Nice! posted:But if the government can demonstrate that you would have acted similarly or were predisposed to the action even without the agent provocateur, it isn't entrapment. yup. In cartoon form: http://thecriminallawyer.tumblr.com/post/19810672629/12-i-was-entrapped
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# ? Sep 7, 2016 00:53 |
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SocketWrench posted:WTF? Better question: How much money could I make from an indie gogo pretending to be taking up for the bundy defense fund? Or, should i use indie gogo for a one-time payday, or a patreon for a continuous check?
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# ? Sep 7, 2016 01:16 |
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Mr. Nice! posted:But if the government can demonstrate that you would have acted similarly or were predisposed to the action even without the agent provocateur, it isn't entrapment. Err yes, if you were going to something anyway then you weren't compelled or coerced to do so, as by definition compulsion and coercion wouldn't apply. I don't see what the disagreement is here.
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# ? Sep 7, 2016 01:20 |
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Baka-nin posted:Err yes, if you were going to something anyway then you weren't compelled or coerced to do so, as by definition compulsion and coercion wouldn't apply. I don't see what the disagreement is here. Its not about the particular crime for which you were coerced. Its about whether you would have ever committed that crime. It's very subjective and rarely falls in favor of the defendants. In this particular case, Bundy has taken up arms against federal agents once before in Nevada. Even if he was coached through the entire oregon occupation by undercover agent David Fry, there still would be no entrapment.
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# ? Sep 7, 2016 01:27 |
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The Conspiracy Charge against Pete Santili in the Malheur standoff has been dropped, he's still in a world of poo poo in Nevada though.quote:Feds dismiss federal conspiracy case against Oregon standoff defendant Pete Santilli on eve of trial http://www.oregonlive.com/oregon-standoff/2016/09/feds_dismiss_federal_conspirac.html#incart_big-photo
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# ? Sep 7, 2016 01:47 |
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What the gently caress why would the judge exclude that? That sleazy gently caress was obviously not there in just a journalistic capacity.
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# ? Sep 7, 2016 02:22 |
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Mr. Nice! posted:Its not about the particular crime for which you were coerced. Its about whether you would have ever committed that crime. It's very subjective and rarely falls in favor of the defendants. Well I've just checked Oregon's definition of entrapment, and it looks like it subscribes to that subjective test of entrapment. http://www.oregonlaws.org/ors/161.275 Which is pretty shocking to me as that basically gives law enforcement officers freedom to instigate very serious breaches of the law so long as they target people unlikely to convince a jury of their good intentions. That's actually pretty terrible, I mean under UK's entrapment laws in the scenario you've listed the agent would be guilty of inciting an armed rebellion just so he and his superiors could get some arrests. And we still have very serious issues with police infiltration and instigation.
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# ? Sep 7, 2016 02:29 |
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It's the more conventional and widespread definition of entrapment. There's nothing wrong with it.
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# ? Sep 7, 2016 02:37 |
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I don't think either statement is true, I've checked and subjective entrapment seems to only apply in the US and even there a number of states don't use it. And given that all applications of objective entrapment I've seen leave less room for abuse by the authorities, and some were brought in specifically to curb previous abuses, I'd say there's a good case there's plenty wrong with it.
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# ? Sep 7, 2016 02:47 |
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Baka-nin posted:Well Entrapment is admitting that you did it, or you were going to do the act, but you were coerced or compelled to do so by the law enforcement agency itself. A good example of this would be the agent provocateur, where a undercover policeman encourages repeatedly a group to carry out illegal acts. So, is Ryan going to make the play that Ammon is an undercover FBI agent?
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# ? Sep 7, 2016 03:15 |
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"Obama told us to occupy the refuge! YOU CAN'T PROVE HE DIDN'T!"
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# ? Sep 7, 2016 03:19 |
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Trillary Flinton posted:What the gently caress why would the judge exclude that? That sleazy gently caress was obviously not there in just a journalistic capacity. Yeah, it's kind of bullshit, he was pretty far from an 'unbiased journalist' by shouting at counter protestors and inviting more people with guns to the refuge. But if it strengthens the case against the others, so be it. Best case is he gets shunned by the rest of the movement as a snitch, and also gets crushed for the Nevada business.
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# ? Sep 7, 2016 03:30 |
Trillary Flinton posted:What the gently caress why would the judge exclude that? That sleazy gently caress was obviously not there in just a journalistic capacity. As a broader issue, we're living in an age where there's plenty of biased reporting, both in ways overtly acknowledged by said reporters and in far more underhanded ways as well, and I don't personally like the idea that just because a journalist agrees and promotes the agenda on which they're reporting that they lose all the protections normally afforded to journalists. Our personal views, thanks to social media, are much more widely broadcast and available to those with any desire to find them online. While I don't think Santili's a journalist as most people would define, I can envision how think about how such precedent could be abused to silence legitimate, if obviously biased journalists from not getting too close to a story under risk of being prosecuted along with the perpetrators. I think about journalists who went out to cover BLM protests and got caught up when things turned violent, and how I'd hate to see them get charged for covering it, just because their personal social media accounts say good things about BLM and encourage them. For a more chilling example, think about what Sherrif Joe and a crazyass right-wing judge in Maricopa County would do with that kind of precedent and ask yourself if it's worth it to put this guy away for even longer than he's already going away for.
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# ? Sep 7, 2016 04:58 |
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Jumpingmanjim posted:The Conspiracy Charge against Pete Santili in the Malheur standoff has been dropped, he's still in a world of poo poo in Nevada though. That judge needs to learn what the gently caress media actually are. Harassing people who don't support the cause you're there to cover/support goes beyond 1A and media protection. Even the paparazzi don't get threatening with celebs (i think?) like this rear end in a top hat did to locals. Though he's probably still completely up poo poo creek for Nevada so it's not like they can't just double down on wanting the harshest punishment possible for him there instead. Unless that judge makes a similar ruling in which case we get to look forward to more aggressive "reporting" from assholes like him in the future.
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# ? Sep 7, 2016 05:16 |
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Sadly I entrapped Jeb! with felony "Being a MESS" charges. It was wrong but also way too easy.
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# ? Sep 7, 2016 05:24 |
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# ? May 13, 2024 01:53 |
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http://www.opb.org/news/series/burns-oregon-standoff-bundy-militia-news-updates/occupation-trial-podcast-this-land-is-our-land/ There is a new BONUS episode of the podcast up about Pete Santilli and the jury selection process.
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# ? Sep 7, 2016 06:35 |