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FilthyImp
Sep 30, 2002

Anime Deviant

Azathoth posted:

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.
Did that happen like at all? If Eyewitness News is at a bank robbery and they start shooting, the guy holding the mic isn't going to be blamed for poo poo. BLM is a different matter since the floppy dick of Sgt Law was trying to impose some bizarre martial law no press poo poo and overstepped a bunch of boundaries. Even so, the press there wasn't running into stores and throwing molotovs along with the FBI provocateurs protestors.

Santelli could have embedded himself in Tarpland, maybe camped out to the side, documented day to day stuff but effectively remained an observer. He didn't do that, like at all. For all intents he was an occupier with access to a media pass and a megaphone.

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Lutha Mahtin
Oct 10, 2010

Your brokebrain sin is absolved...go and shitpost no more!

FilthyImp posted:

BLM is a different matter since the floppy dick of Sgt Law was trying to impose some bizarre martial law no press poo poo and overstepped a bunch of boundaries. Even so, the press there wasn't running into stores and throwing molotovs along with the FBI provocateurs protestors.

I'm not sure what event tangential to (Black) BLM you're referring to, but a huge number of demonstrations by people claiming that banner weren't like that. Many (probably most?) have been non-violent, and sometimes the cops are nice and protect protestors.

Azathoth
Apr 3, 2001

FilthyImp posted:

Did that happen like at all? If Eyewitness News is at a bank robbery and they start shooting, the guy holding the mic isn't going to be blamed for poo poo. BLM is a different matter since the floppy dick of Sgt Law was trying to impose some bizarre martial law no press poo poo and overstepped a bunch of boundaries. Even so, the press there wasn't running into stores and throwing molotovs along with the FBI provocateurs protestors.

Santelli could have embedded himself in Tarpland, maybe camped out to the side, documented day to day stuff but effectively remained an observer. He didn't do that, like at all. For all intents he was an occupier with access to a media pass and a megaphone.
During the rioting in Ferguson, the police would either arrest or use the threat of arrest to intimidate reporters pretty regularly, and a quick Google search shows that my scenario happened in Rochester, NY during a BLM protest, but I think you're missing my point. The point is that a ruling against Santili would open the door for police to suppress reporting on <cause you believe in> on the grounds that reporters who agree with the people on which they're reporting forfeit their status as reporters. I wasn't saying that it has happened, I was saying that a ruling against Santili, robbed of context by time and dry legal documentation, would make it easier for it to happen in the future.

In retrospect, I shouldn't have brought up BLM. I was just trying to find a recent example on the opposite side of the political spectrum. I should have went with my first thought and gone with protests against the IMF/World Bank instead.

And, for the record, I agree wholeheartedly about Santilli, he did stop being a reporter at some point or never was one to start with, but that's a real hazy line, and I don't like anything that might discourage reporters from getting close to controversial topics.

Mirthless
Mar 27, 2011

by the sex ghost

Azathoth posted:

During the rioting in Ferguson, the police would either arrest or use the threat of arrest to intimidate reporters pretty regularly, and a quick Google search shows that my scenario happened in Rochester, NY during a BLM protest, but I think you're missing my point. The point is that a ruling against Santili would open the door for police to suppress reporting on <cause you believe in> on the grounds that reporters who agree with the people on which they're reporting forfeit their status as reporters. I wasn't saying that it has happened, I was saying that a ruling against Santili, robbed of context by time and dry legal documentation, would make it easier for it to happen in the future.

In retrospect, I shouldn't have brought up BLM. I was just trying to find a recent example on the opposite side of the political spectrum. I should have went with my first thought and gone with protests against the IMF/World Bank instead.

And, for the record, I agree wholeheartedly about Santilli, he did stop being a reporter at some point or never was one to start with, but that's a real hazy line, and I don't like anything that might discourage reporters from getting close to controversial topics.

I agree, if you muddy the waters enough around the definition of reporter it can eventually be applied to anyone doing anything

Santilli wasn't "reporting", he was participating. He identified himself as the spokesman of the occupiers, he walked around armed on occupied land, in the military uniform of the terrorist cell. Sorry, but he's not a reporter and if he doesn't go to jail the real precedent it's going to set is that the only thing you need to do to get away with a serious crime is wear a badge with your face on it that says "PRESS"

Dropping the Malheur charges against him was stupid and the government deserves this poo poo the next time it happens.

WrenP-Complete
Jul 27, 2012

Today is the day!

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
These are federal prosecutors. They're being conservative with their charges and avoiding any scenario in which any of the defendants can get any sort of vindication from a not guilty finding. Santilli's remaining charges from the previous incident are much more serious, and are more definite to stick.

Mirthless posted:

Dropping the Malheur charges against him was stupid and the government deserves this poo poo the next time it happens.

Ah, no.

Baka-nin posted:

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.

It's more prevalent than objective standards in the US. This is for good reason- the reasonable person standard applied in the objective test creates its own set of interpretation problems, frequently producing seemingly incoherent case outcomes because it ignores individual predisposition that is normally a factor in the design of actual police sting operations.

bellows lugosi
Aug 9, 2003

https://twitter.com/amandapeacher/status/773558713118359553

https://twitter.com/amandapeacher/status/773558081854726145

Young Freud
Nov 26, 2006

It begins...

https://twitter.com/rwoolington/status/773573342309806080

quote:

Before prospective jurors file into Courtroom 9A in the federal courthouse in downtown Portland Wednesday morning, the judge is expected to rule on whether the defendants in the Oregon standoff case who are in custody can wear neckties, belts and boots at trial as requested.

Ammon Bundy's lawyer J. Morgan Philpot argued that his client is innocent until proven guilty, and should be allowed to wear the civilian clothes that he chooses.

"We would prefer our clients not look like disheveled slackers in front of the jury,'' Philpot told the judge during Tuesday's last pretrial conference hearing.

Philpot added later in the day in a written motion, "These men are cowboys, and given that the jury will be assessing their authenticity and credibility, they should be able to present themselves to the jury in that manner.''

Ammon Bundy remarked in court that he's never even worn slip-on shoes or loafers before court on Tuesday.

On August 27, the U.S. Marshal's Service sent an email to defendants, alerting them that certain clothing items won't be permitted at trial: "Ties, Bows, Belts, Handkerchiefs, Cuff Links, Steel toe boots/shoes, Shoe laces, Shirt tie down straps, Safety pins, Shirt pocket pen protectors."

As a result, Ammon Bundy arranged to wear non-steel toe boots but was informed those aren't allowed either.

U.S. District Judge Anna J. Brown Tuesday afternoon asked Barbara Alfono, the deputy U.S marshal in charge of the Bundy trial, about the dress code.

Alfono said the defendants who are in custody cannot wear ties, boots or belts as safety precautions.

Those accessories could be used as weapons against deputy marshals or the defendants themselves, she said. Further, the defendants will be wearing shackles around their ankles when they're taken to and from the courthouse, and boots would interfere with them. Those shackles, however, will be removed once the defendants are in the courtroom.

iospace
Jan 19, 2038



I can sum this up in one emote: ":qq:"

cumshitter
Sep 27, 2005

by Fluffdaddy
"Mr. Bundy, in line with your request to dress in a manner appropriate to your profession, that of Fleet Manager, the court has granted you dispensation to wear this blue Helpful Honda Person polo."

bellows lugosi
Aug 9, 2003


quote:

Philpot added later in the day in a written motion, "These men are cowboys, and given that the jury will be assessing their authenticity and credibility, they should be able to present themselves to the jury in that manner.''

used car salesman = cowboy
construction worker = cowboy

Solid logic, I see where they're coming from

prefect
Sep 11, 2001

No one, Woodhouse.
No one.




Dead Man’s Band
"Sorry, but we only have one cowboy outfit. The other one of you will have to pick from leatherman, Indian chief, construction worker, or policeman."

Knight
Dec 23, 2000

SPACE-A-HOLIC
Taco Defender
"But if I'm not in my cowboy costume, the jury will know I'm a used car salesman!"

Tayter Swift
Nov 18, 2002

Pillbug
https://twitter.com/leah_sottile/status/773594755682832384

Dr Pepper
Feb 4, 2012

Don't like it? well...

That is perhaps the most hilarious and pathetic thing I've heard from the Bundys in a while.

"Your honor I request you allow me to pretend to be a cowboy"

Wall Is Life
Sep 29, 2015

#NoBanNoWall

I thought you weren't allowed to serve on a jury if you knew the concept of jury nullification?

Fuckt Tupp
Apr 19, 2007

Science
That's a great idea. Going to screen-print a shirt that says "Dear beautiful jury, plz find me innocent. TIA." Just in case.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Wall Is Life posted:

I thought you weren't allowed to serve on a jury if you knew the concept of jury nullification?

No, only if you say you'll apply it. Otherwise any lawyer would be banned from a jury.

hobbesmaster
Jan 28, 2008

Wall Is Life posted:

I thought you weren't allowed to serve on a jury if you knew the concept of jury nullification?

I'm sure you are, it's probably like every other thing they ask about during voir dire or however you spell it.

ie "Do you believe the drug laws of the US are unjust"
"Yes I do"
"Will this affect your ability to impartially apply the law?"
"Yes/No"

This is different from walking in screaming about jury nullification.

Mirthless
Mar 27, 2011

by the sex ghost

quote:

Philpot added later in the day in a written motion, "These men are cowboys, and given that the jury will be assessing their authenticity and credibility, they should be able to present themselves to the jury in that manner.''

lol

ammon bundy does not have a good lawyer

Fuckt Tupp
Apr 19, 2007

Science
"Your honor, my client self-identifies as a judge. It would be discrimination not to let him wear robes and wield a gavel, as his lifestyle demands."

Mirthless
Mar 27, 2011

by the sex ghost
Your honor my client's reputation relies on his authenticity as a cowboy, can we please dress him up as a cowboy to show that he is in fact a cowboy despite not having ever earned a living as a cowboy?

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

nm posted:

No, only if you say you'll apply it. Otherwise any lawyer would be banned from a jury.

Lawyers are almost never admitted onto juries though.

Dr Pepper posted:

That is perhaps the most hilarious and pathetic thing I've heard from the Bundys in a while.

"Your honor I request you allow me to pretend to be a cowboy"

There's a fursuit joke in this somewhere, not quite sure how to structure it.

cumshitter
Sep 27, 2005

by Fluffdaddy
"Your honor, I request that I be allowed to dress as a cowboy and casually twirl a lasso while giving testimony, Will Rogers style."

Mirthless
Mar 27, 2011

by the sex ghost
For the record I believe that Ammon and Ryan should be allowed to dress as cowboys, but only if the rest of the occupiers get dressed up in similar costumes. We could have a native american, and a biker, and a firefighter, and a policeman...

Tlacuache
Jul 3, 2007
Cross my heart, smack me dead, stick a lobster on my head.



Showed this to my lawyer best friend, who I've been introducing to sovcit hilarity all summer. "The quote is inaccurate and the citation is wrong."

I feel like that can apply to anything sovcits say when quoting the law.

cumshitter
Sep 27, 2005

by Fluffdaddy
*Ammon hops in and out of lasso*

"Hey, maybe sometime when those FBI guys are out shooting at some patriots they'll get lucky and hit a criminal!"

Mirthless
Mar 27, 2011

by the sex ghost
Discussion > Debate and Discussion: You have a constitutional right to be a dumbass > C-SPAM > The Bundy Trial: "The quote is inaccurate and the citation is wrong."

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

sithwitch13 posted:

Showed this to my lawyer best friend, who I've been introducing to sovcit hilarity all summer. "The quote is inaccurate and the citation is wrong."

I feel like that can apply to anything sovcits say when quoting the law.

That's mentioned in the line of tweets:

https://twitter.com/gshevlin/status/773599068048068608

https://twitter.com/gshevlin/status/773599206653046784

https://twitter.com/gshevlin/status/773599355202703360

Guy who pointed it out is pretty cool, as are a lot of the twitter folk who've followed the occupation and legal proceedings.

Discendo Vox has issued a correction as of 21:00 on Sep 7, 2016

Mirthless
Mar 27, 2011

by the sex ghost

cumshitter posted:

*Ammon hops in and out of lasso*

"Hey, maybe sometime when those FBI guys are out shooting at some patriots they'll get lucky and hit a criminal!"

your honor my clients should be able to carry revolvers into the courtroom, their reputation as rooten, tooten sons of guns depends on it. The jury cannot fairly judge my clients if they are not constantly twirling their pistols and firing their six shooters into the air.

Tayter Swift
Nov 18, 2002

Pillbug
Per my client's traditional customs bureau of land management staff must only be addressed as "varmints"

hobbesmaster
Jan 28, 2008

If the prosecution is laughing too hard does that count as no objection?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Discendo Vox posted:

Lawyers are almost never admitted onto juries though.


Yeah, but you have to use a prempt, not a cause challenge. Which in a case likr this can be big given the type of jury either side would want.

Also, I know several lawyers who have been on juries. Yeah, you mostly want to kick em, but not always and sometimrs you're almost out of challenges and wanna kick a prison guard or a cop's mom or something.

Shame Boy
Mar 2, 2010

nm posted:

Yeah, but you have to use a prempt, not a cause challenge. Which in a case likr this can be big given the type of jury either side would want.

Also, I know several lawyers who have been on juries. Yeah, you mostly want to kick em, but not always and sometimrs you're almost out of challenges and wanna kick a prison guard or a cop's mom or something.

Completely off-topic but, how does jury selection actually work? I was called to jury duty once but I got the summons like a day before I was set to move across the state and they were like "oh we'll just take your name off the list then never mind" so I didn't get the, uh, privilege of jury duty.

Lutha Mahtin
Oct 10, 2010

Your brokebrain sin is absolved...go and shitpost no more!

it's a bit like the pick/ban system in dota
:goonsay:

Mors Rattus
Oct 25, 2007

FATAL & Friends
Walls of Text
#1 Builder
2014-2018

Parallel Paraplegic posted:

Completely off-topic but, how does jury selection actually work? I was called to jury duty once but I got the summons like a day before I was set to move across the state and they were like "oh we'll just take your name off the list then never mind" so I didn't get the, uh, privilege of jury duty.

My one experience with jury duty is that I got a note saying I had jury duty and then a robocall the day before telling me that I didn't have to report in.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.

nm posted:

Yeah, but you have to use a prempt, not a cause challenge. Which in a case likr this can be big given the type of jury either side would want.

Also, I know several lawyers who have been on juries. Yeah, you mostly want to kick em, but not always and sometimrs you're almost out of challenges and wanna kick a prison guard or a cop's mom or something.

You're absolutely right, I should've been clearer on this.

Also,

Lutha Mahtin posted:

it's a bit like the pick/ban system in dota
:goonsay:

nm can explain it better, and probably in DOTA terms. Jury selection's an interesting thing. I wish I'd get called for jury duty...

bellows lugosi
Aug 9, 2003

I went outside the courthouse a bit ago, there's only a handful of supporters. The feds have taped laws about carrying guns on federal property to the building and there's still the dude with a Guy Fawkes camo mask and someone handing out jury nullification pamphlets. I'm gonna attempt to be there tomorrow morning to catch some actual occupiers - I wanna have my photo taken with Shawna Cox

hobbesmaster
Jan 28, 2008

Parallel Paraplegic posted:

Completely off-topic but, how does jury selection actually work? I was called to jury duty once but I got the summons like a day before I was set to move across the state and they were like "oh we'll just take your name off the list then never mind" so I didn't get the, uh, privilege of jury duty.

nm will probably explain it from the lawyer side I've only experienced the juror side of it because I'm such a lucky person. Whats being talked about is something called "voir dire" which is where they whittle down a large jury pool to the 12 (or 6 or whatever) members of the actual (petit) jury. The prosecution and defense asks a bunch of questions of the pool like "Do you trust cops more than other people" or "Do you know the defendant, any of the witnesses or anyone else in the court room?" and if you raise your hand you go up and give a brief explanation about your answer. The judge will strike you from the pool for some reasons otherwise the prosecution and defense get a number of strikes remove jurors for any reason. After they're done with all that they draw the numbers of 12 jurors+alternates or whatever the number is out of a basket.

Being a juror would actually be kinda interesting if things went for more than 60s of a time without conferences between the two lawyers and the judge. Free pizza at least. (though knowing the state the judge probably bought it out of his pocket)

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nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Parallel Paraplegic posted:

Completely off-topic but, how does jury selection actually work? I was called to jury duty once but I got the summons like a day before I was set to move across the state and they were like "oh we'll just take your name off the list then never mind" so I didn't get the, uh, privilege of jury duty.

It actually depends. The most common for "normal" cases in california is called the six-pack.
Basically, 18 people get seated. 12 are seated in the jury box, they are presumed to be the jurors, 6 are seated in temporary seats in front. When a juror gets kicked from the 12, the first person in the 6 pack moves into their seat. You then voire dire the entire panel. This way you know who you will get when you kick someone and you don't have to redo your voire dire everytime a new juror is selected. When you run out of 6, a new set of 6 are picked at random from the rest of the pool (who are generally seated in the audience) and then you voire dire the six. Tinse and repeat. When you get a jury the first two of the remaining six pack are the alternates, though you can kick them too.
You have unlimited cause kicks (which must be approved by the judge - these are for people who say they cannot be unfair) and a fixed number of pre-empts which can be made for any reason but race, gender, etc. Fun fact: we generally know when people are bullshitting us to try to get kicks. The prosecutor, judge, and defense attorney will even conspire to keep them as long as possible to gently caress with them. We'll kick you eventually (generally) because we want people who take jury duty seriously, but we'll try to make sure you have to come back the nrxt day. Just be honest.

Also note that if you want to say someghing private (medical condition, rape victim, etc), you can always do that, and it will always be respected. Just ask the judge to go private or tell the bailiff.

Serious or high profile case may have questionaires or individual questioning, but that is pretty rare. Other judges may do modified versions of the six pack, but the six pack is the best and the fastest in a case where you don't need to really closely examine each juror or are worried about jury contamination.

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