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It could be, if the Eavesdropping was considered illegal. It depends upon the circumstances.
NY State Code
§ 4506. Eavesdropping evidence; admissibility; motion to suppress in
certain cases. 1. The contents of any overheard or recorded
communication, conversation or discussion, or evidence derived
therefrom, which has been obtained by conduct constituting the crime of
eavesdropping, as defined by section 250.05 of the penal law, may not be
received in evidence in any trial, hearing or proceeding before any
court or grand jury, or before any legislative committee, department,
officer, agency, regulatory body, or other authority of the state, or a
political subdivision thereof;
A) This is state law
B) I notice you left out the actual eavesdropping definition defined in section 250.5, for context I will link the text, since the actual legal definition of eavesdropping seems pretty dang relevant to the question of if an action is eavesdropping or not:
Quote:
A person is guilty of eavesdropping when he unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication.
Eavesdropping is a class E felony.
So care to explain how that applies to an overheard phone call, pretty please?
A) This is state law
B) I notice you left out the actual eavesdropping definition defined in section 250.5, for context I will link the text:
So care to explain how that applies to an overheard phone call, pretty please?
I said it is a point of discussion. I said it could be. Each circumstance is different.
You asked for an example. I gave you one. It is not out of the question to argue that if there was intent for malice or intent to do harm by overhearing the communication. That could be determined by cross examination.
It will be up to the Chief Justice if an when it goes to Senate Trial.
That would be the decision of the Chief Justice of the Supreme Court.
No. The Senate is free to adopt whatever evidence and testimonial procedure rules they wish to apply to the trial. Impeachment is not a criminal proceeding. If the president is guilty of a crime, impeachment removes the president from office without punishment. At that point, as a common citizen, he can then be indicted and prosecuted it the court system.
Yea, a false one. Why are you trying to muddy the waters?
Quote:
Originally Posted by Fuele
I said it could be. Each circumstance is different.
It clearly doesn't apply to this situation, so why are you trying to muddy the waters?
Quote:
Originally Posted by Fuele
You asked for an example. I gave you one.
Yea, and conveniently left out the most relevant information which is the actual legal definition of eavesdropping to determine if the statute you linked even applies at all in the first place. Why is that?
Quote:
Originally Posted by Fuele
It is not out of the question to argue that there was intent for malice or intent to do harm by overhearing the communication.
This is not relevant to the legal definition of eavesdropping I linked earlier. Malice or intent to do harm are not mentioned at all, only the method by which the information was obtained.
Quote:
Originally Posted by Fuele
That could be determined by cross examination.
Why? It is irrelevant to the legal definition of eavesdropping.
That's the whole Republican "defense" of Trump in a nutshell: blow smoke and muddy the waters. Call the impeachment a sham, smear and belittle the witnesses, complain it's all unfair, etc. Lots of hand waving.
You know what's missing? Strong statements declaring Trump innocent. Where's Pence? We haven't heard him say, "I know for a fact the president is not guilty of these charges." Same with McConnell.
If a bank robber held up a gun to rob a bank but didn't make it out of the bank with the loot before being captured, would we let the bank robber go free without arrest?
Critical thinking is key here. Don't let your "news" outlets tell you what you should think.
But your scenario isn't anything like what is going on now with the impeachment bs and President Trump.
Here's a scenario that would more fit what is going on right now:
The police get an anonymous tip that you robbed a bank. But no bank is reporting a robbery and no one has witnessed the so-called robbery. But the police go and arrest and put you on trial for bank robbery anyways. If the court doesn't have enough evidence to convict you, everyone screams conspiracy theory.
That scenario is exactly what the demolibs are doing to President Trump now and have been doing from day one, starting right after he won the election.
The POTUS doesn't have to reveal the reason he held the funds up. He has a time period to make the decision. They can be upset all they want.
President Donald Trump says he lifted his freeze on aid to Ukraine on Sept. 11, but the State Department had quietly authorized releasing $141 million of the money several days earlier, according to five people familiar with the matter.
The State Department decision, which hasn’t been reported previously, stemmed from a legal finding made earlier in the year, and conveyed in a classified memorandum to Secretary of State Michael Pompeo. State Department lawyers found the White House Office of Management and Budget, and thus the president, had no legal standing to block spending of the Ukraine aid. https://www.bloomberg.com/news/artic...mp-says-he-did
That is called " eavesdropping" not first hand. And it is subject to discussion regarding suppression as evidence.
If I hear Bob say that he is going to kill his wife when he is talking to John, and he tries to do so, I will probably be called to court to give that testimony. That is me hearing first hand about a murder plot.
Dovetails nicely to where a lot of the right wing talking points flying around here came from.
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