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Old 12-09-2018, 06:12 PM
 
Location: The Republic of Texas
78,863 posts, read 46,634,918 times
Reputation: 18521

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Quote:
Originally Posted by cuebald View Post
"High crimes and misdemeanors" is not well defined. It can be anything Congress decides it is.

"Treason", however, is a whole different matter.



Congress has not declared war, since 1941, for Treason to be acceptable as a crime.


Sure you are not thinking about this, but treason sounds better?
https://www.law.cornell.edu/uscode/text/18/2384


If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)




https://www.law.cornell.edu/uscode/t...-I/chapter-115




This is a good one...
https://www.law.cornell.edu/uscode/text/18/2385





Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
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Old 12-09-2018, 06:16 PM
 
11,404 posts, read 4,087,126 times
Reputation: 7852
Sounds like Flynn gave the feds a lot more than Cohen did, so I say lock Cohen's butt up for the full 4.5 years.

Flynn gave up the goods. Trump is so screwed.
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Old 12-09-2018, 06:24 PM
 
Location: The Republic of Texas
78,863 posts, read 46,634,918 times
Reputation: 18521
Quote:
Originally Posted by NeutralParty View Post
Sounds like Flynn gave the feds a lot more than Cohen did, so I say lock Cohen's butt up for the full 4.5 years.

Flynn gave up the goods. Trump is so screwed.
They could only give Flynn the same sentence as Poppy.... They had no fraud and money laundering on Flynn. Flynn knows where all Obama's bodies are buried. After being fired 2 times and then rehired again, for not doing Obamas unconstitutional demands.
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Old 12-09-2018, 06:38 PM
 
Location: Columbia, SC
37,222 posts, read 19,210,527 times
Reputation: 14911
Quote:
Originally Posted by BentBow View Post
Congress has not declared war, since 1941, for Treason to be acceptable as a crime.


Sure you are not thinking about this, but treason sounds better?
https://www.law.cornell.edu/uscode/text/18/2384


If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 1, 70 Stat. 623; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)




https://www.law.cornell.edu/uscode/t...-I/chapter-115




This is a good one...
https://www.law.cornell.edu/uscode/text/18/2385





Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.

(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, § 2, 70 Stat. 623; Pub. L. 87–486, June 19, 1962, 76 Stat. 103; Pub. L. 103–322, title XXXIII, § 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
"War" is not necessarily a lot of shooting and bombs.

When Mueller indicted the first set of Russian Nationals, he went out of his way to point out that the cyberattacks during the election constituted an act of war by a hostile nation. That set the stage for charges of treason if evidence of conspiracy is found.
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Old 12-09-2018, 07:02 PM
 
Location: The Republic of Texas
78,863 posts, read 46,634,918 times
Reputation: 18521
Quote:
Originally Posted by cuebald View Post
"War" is not necessarily a lot of shooting and bombs.

When Mueller indicted the first set of Russian Nationals, he went out of his way to point out that the cyberattacks during the election constituted an act of war by a hostile nation. That set the stage for charges of treason if evidence of conspiracy is found.
You really do think Mueller is a 4th branch of government(The Deepstate)
He can say anything he wishes. Proving it under US Law, is much different matter.
Mueller can indict a Ham Sandwich, if he wishes.
He has no authority to declare war.
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Old 12-09-2018, 09:48 PM
 
51,654 posts, read 25,828,130 times
Reputation: 37894
Team Trump seems to be putting forth a lot of effort lately to "prove" that technically working with a foreign adversary is not treason.
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Old 12-09-2018, 10:19 PM
 
Location: The Republic of Texas
78,863 posts, read 46,634,918 times
Reputation: 18521
Quote:
Originally Posted by GotHereQuickAsICould View Post
Team Trump seems to be putting forth a lot of effort lately to "prove" that technically working with a foreign adversary is not treason.
Congress has not declared war since 1941.
https://www.law.cornell.edu/uscode/t...-I/chapter-115
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Old 12-10-2018, 01:34 AM
 
2,362 posts, read 778,305 times
Reputation: 873
Quote:
Originally Posted by wrecking ball View Post
this is true, the trick is to know who has an educated well-informed opinion. conway was in consideration for solicitor general, i'd definitely rank his opinion on legal matters higher than yours or mine.
Then you're guilty of the genetic fallacy. If you're not smart enough and/or educated enough to understand the issues and articulate them into an argument - instead you rely on people to do your thinking for you (who knows what motivations etc they have) then you should bow out of this argument and stay on the side lines.
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Old 12-10-2018, 04:20 AM
 
Location: Columbia, SC
37,222 posts, read 19,210,527 times
Reputation: 14911
Quote:
Originally Posted by BentBow View Post
Congress has not declared war since 1941.
https://www.law.cornell.edu/uscode/t...-I/chapter-115
So that means that Korea, Viet Nam, Iraq, and Afghanistan, not to mention a host of military actions in other places were not war, just noisy disagreements.

Mueller made the cyberattack an act of war. It has not been tested in court, but I doubt seriously any of the defendants will show up to counter the charge.

If they stand as acts of war, Congress be damned, anyone conspiring with or aiding and abetting them is guilty of treason. Ask your attorney.
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Old 12-10-2018, 06:00 AM
 
Location: East Lansing, MI
28,353 posts, read 16,385,616 times
Reputation: 10467
Quote:
Originally Posted by cuebald View Post
"High crimes and misdemeanors" is not well defined. It can be anything Congress decides it is...
Exactly my point. Whether or not these actions are truly felonies is irrelevant.




Quote:
Originally Posted by cuebald View Post
"Treason", however, is a whole different matter.

Agreed. Treason is a very, VERY high bar - for good reason. I'm pretty comfortable saying we're not anywhere close to treason, based on what we know currently.
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