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jcalebmoore wrote:In response to the question about which part of U.S. code regarding sedition Assange may have violated...saxitoxin wrote:Here are the Anti-Subversion laws as they're written in the United States Code. I'm curious which you think Assange has violated?Seditious Conspiracy
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, o[b]r 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 thereo[/b]f, they shall each be fined under this title or imprisoned not more than twenty years, or both.
saxitoxin wrote:Your position is more complex than the federal tax code. As soon as I think I understand it, I find another index of cross-references, exceptions and amendments I have to apply.
Timminz wrote:Yo mama is so classless, she could be a Marxist utopia.
jcalebmoore wrote:Here's one of the interviews I've found in which I take issue with some of Assange's phraseology in a defense involving freedom of the press. http://blogs.forbes.com/andygreenberg/2 ... assange/3/ Saying things involving the hope of Wikileaks to "take down" organizations and classifying the U.S. government as a "victim" of their posts, doesn't exactly vibe with my understanding of objective journalism.
In response to the question about which part of U.S. code regarding sedition Assange may have violated...saxitoxin wrote:Here are the Anti-Subversion laws as they're written in the United States Code. I'm curious which you think Assange has violated?Seditious Conspiracy
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, o[b]r 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 thereo[/b]f, they shall each be fined under this title or imprisoned not more than twenty years, or both.
I think they're in for a two-fer of seditious conspiracy. I do believe they are willfully hoping to disrupt the execution of the law of the United States by undermining its ability to operate properly. Further, I believe that in providing would-be hackers and information thieves with a conduit for their stolen information and trying to justify the stealing of said information as somehow appropriate or even magnanimous, they are colluding with those people in seizing the rightful property of the United States. While it may be argued that qualifying intelligence information as 'property' is a bit of a stretch, I don't believe it is any more so than the implied stretch in trying to qualify this as 'freedom of the press'.CreepersWiener wrote:Why is that such a bad thing? The same thing was done in the Vietnam war as far as an individual leaking info about the Gulf of Tonkin being a false flag op? Why do you want to be left in the dark? Why do you want to be lied to? What's the point? Don't we have the right to know the truth?
'Truth' can be a tricky nut to crack, and I have very serious issues with their representation of the 'truth'. The wholesale publishing of information seems to lack a complete understanding of the importance of editorial control in publishing 'truth'. The fact that no context is given for the information, is particularly troubling. For example, if I show you someone's twitter feed in which they threaten to blow up an airport, you might have a very different understanding of that information if you don't understand the context in which it is explained that he is planning a vacation and is annoyed that the airport is closed. A quote from journalists without borders about wikileaks 'journalism' seems to sum it up well: "indiscriminately publishing 92,000 classified reports reflects a real problem of methodology and, therefore, of credibility. Journalistic work involves the selection of information. The argument with which you defend yourself, namely that WikiLeaks is not made up of journalists, is not convincing."
Lastly, at some point I feel that many of the people that are defending this guy are the same people who believe there should be some implied right to privacy for the citizenry. The wholesale publishing of random information seems to violate that to me. W Don't diplomats and military personnel have some right to privacy with their work emails? I certainly would feel that my right to privacy had been impinged on if all of my work emails were published for the world to peruse. While the defense can be made that most of the publication has reflected the work information of those involved in government service, and therefore there is no implied right to privacy, I'm somewhat inclined to disagree.
I further believe that the methodology of Wikileaks presents a very real threat to the right to privacy. According to the interview I've posted, the next 'target' of Wikileaks will be a U.S. bank. Do you believe their lack of editorial process will have the oversight to not publish personal information about the banking records of regular U.S. citizens? Do you think its appropriate to publish the mortgage payment history of a fifth of the population? I guess I'd like to believe that my government would try to intervene.
Finally, the definition of Freedom of the Press, highlights the ability of the government to classify information as secret or sensitive, and therefore not appropriate for use in public discourse. Wikileaks has clearly violated these terms so I see no defense based on Freedom of the Press unless there is disagreement with the stated definition.
Sorry, that got long. I will summarize... O'doyle rules. Assange sucks.
jcalebmoore wrote:Here's one of the interviews I've found in which I take issue with some of Assange's phraseology in a defense involving freedom of the press. http://blogs.forbes.com/andygreenberg/2 ... assange/3/ Saying things involving the hope of Wikileaks to "take down" organizations and classifying the U.S. government as a "victim" of their posts, doesn't exactly vibe with my understanding of objective journalism.
In response to the question about which part of U.S. code regarding sedition Assange may have violated...saxitoxin wrote:Here are the Anti-Subversion laws as they're written in the United States Code. I'm curious which you think Assange has violated?Seditious Conspiracy
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, o[b]r 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 thereo[/b]f, they shall each be fined under this title or imprisoned not more than twenty years, or both.
I think they're in for a two-fer of seditious conspiracy. I do believe they are willfully hoping to disrupt the execution of the law of the United States by undermining its ability to operate properly. Further, I believe that in providing would-be hackers and information thieves with a conduit for their stolen information and trying to justify the stealing of said information as somehow appropriate or even magnanimous, they are colluding with those people in seizing the rightful property of the United States. While it may be argued that qualifying intelligence information as 'property' is a bit of a stretch, I don't believe it is any more so than the implied stretch in trying to qualify this as 'freedom of the press'.
Pack Rat wrote:if it quacks like a duck and walk like a duck, it's still fascism
viewtopic.php?f=8&t=241668&start=200#p5349880
MeDeFe wrote:jcalebmoore wrote:In response to the question about which part of U.S. code regarding sedition Assange may have violated...saxitoxin wrote:Here are the Anti-Subversion laws as they're written in the United States Code. I'm curious which you think Assange has violated?Seditious Conspiracy
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, o[b]r 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 thereo[/b]f, they shall each be fined under this title or imprisoned not more than twenty years, or both.
Way to go! Yay for selective reading!
First they'll have to dig up a co-conspirator or two. OK, trumped up charges against a couple more people shouldn't be hard to facilitate. Secondly, it'll have to be shown that Assange and his co-conspirators committed the heinous crime of releasing to the public material which for the most part should never have been classified in the first place "in any State or Territory, or in any place subject to the jurisdiction of the United States".
Otherwise you could have pressed charges against more or less the entire population of the USSR with that law.
As for the part you put in bold... if you are correct in your interpretation of the law, no news outlet should ever be able of publishing classified material, no matter what kind of wrongdoing by officials it might reveal. You should only be allowed to hear and read what state officials deem appropriate. My opinion is that, if that really is your interpretation, you should try living in Iran or China.
jcalebmoore wrote:The co-conspirator, as clearly elucidated in my post, would be the person providing the leak. Not much of a stretch there since the enlisted man in question is already facing a court-martial. Further if you read the NY Times explanation of why they thought they could publish classify information, they explain that because it had already become a part of public domain, they felt that publishing portions of the leaks was appropriate. Again, this was after editorial oversight.
Maybe I should move to China or Iran though, I thought that was the place where you got ripped for having a dissident opinion. Maybe its filled with respectful moderators that don't take away forums for ripping people only so they can do it themselves. I've got a few choice words I'd have loved to share with you in Flamewars. Too bad the facists here took that away.
saxitoxin wrote:Your position is more complex than the federal tax code. As soon as I think I understand it, I find another index of cross-references, exceptions and amendments I have to apply.
Timminz wrote:Yo mama is so classless, she could be a Marxist utopia.
jcalebmoore wrote:Finally, the definition of Freedom of the Press, highlights the ability of the government to classify information as secret or sensitive, and therefore not appropriate for use in public discourse.
Army of GOD wrote:I joined this game because it's so similar to Call of Duty.
MeDeFe wrote:jcalebmoore wrote:The co-conspirator, as clearly elucidated in my post, would be the person providing the leak. Not much of a stretch there since the enlisted man in question is already facing a court-martial. Further if you read the NY Times explanation of why they thought they could publish classify information, they explain that because it had already become a part of public domain, they felt that publishing portions of the leaks was appropriate. Again, this was after editorial oversight.
Maybe I should move to China or Iran though, I thought that was the place where you got ripped for having a dissident opinion. Maybe its filled with respectful moderators that don't take away forums for ripping people only so they can do it themselves. I've got a few choice words I'd have loved to share with you in Flamewars. Too bad the facists here took that away.
So Julian Assange and Bradley Manning conspired together, in territory under US jurisdiction, to "by force seize, take, or possess any property of the United States contrary to the authority thereof"?
CreepersWiener wrote:jcalebmoore wrote:Finally, the definition of Freedom of the Press, highlights the ability of the government to classify information as secret or sensitive, and therefore not appropriate for use in public discourse.
Then why blame Assange? You should be PISSED at the United States Government and the Military Leadership that allowed 400,000 Classified documents to hot foot it out of the Pentagon. Why don't you see reprimand against the Military higher ups that allowed this to happen? Why are we scapegoating the whole incident on Wikileaks? There isn't one thing that the United States government declared untrue or falsified by WikiLeaks. The information is news worthy, Wikileaks is just reporting it.
My truthful opinion is that the CIA wanted these documents leaked and is using Assange as the messenger.
Pedronicus wrote:The lack of input in this thread by the regular right wing fucktards on this forum is refreshing. Where are you fucking idiots? Come on - Get in here and start spouting your regular shit about how this is endangering the lives of brave soldiers etc etc. etc.
jcalebmoore wrote:at the end of the day, the legal semantics are going to have to be sorted out by Eric Holder
Pack Rat wrote:if it quacks like a duck and walk like a duck, it's still fascism
viewtopic.php?f=8&t=241668&start=200#p5349880
saxitoxin wrote:jcalebmoore wrote:at the end of the day, the legal semantics are going to have to be sorted out by Eric Holder
Not a jury?
jcalebmoore wrote:saxitoxin wrote:jcalebmoore wrote:at the end of the day, the legal semantics are going to have to be sorted out by Eric Holder
Not a jury?
On wether or not the case is worthy of trying under the parameters of sedition...? No. The Attorney General is responsible for that decision.
Pack Rat wrote:if it quacks like a duck and walk like a duck, it's still fascism
viewtopic.php?f=8&t=241668&start=200#p5349880
saxitoxin wrote:jcalebmoore wrote:saxitoxin wrote:jcalebmoore wrote:at the end of the day, the legal semantics are going to have to be sorted out by Eric Holder
Not a jury?
On wether or not the case is worthy of trying under the parameters of sedition...? No. The Attorney General is responsible for that decision.
Not a Grand Jury?
jcalebmoore wrote:saxitoxin wrote:jcalebmoore wrote:saxitoxin wrote:jcalebmoore wrote:at the end of the day, the legal semantics are going to have to be sorted out by Eric Holder
Not a jury?
On wether or not the case is worthy of trying under the parameters of sedition...? No. The Attorney General is responsible for that decision.
Not a Grand Jury?
Unless something has changed drastically, I believe it is within the purview of the AG to decide whether or not there is a case to be made that is worth charging anyone from Wikileaks for. Certainly the conviction based on these charges would be left to another body, but the conversation has been regarding whether or not he could be tried for sedition.
James Madison wrote:Article Five of the Bill of Rights
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Pack Rat wrote:if it quacks like a duck and walk like a duck, it's still fascism
viewtopic.php?f=8&t=241668&start=200#p5349880
jcalebmoore wrote:The attorney general decides whether or not to prosecute before the Supreme Court. If the Attorney General doesn't prosecute the Supreme Court has nothing to hear. I can give you a link to the Judiciary Act of 1789 if you'd like, but basically the AG represents the U.S. before the Court. If the U.S. isn't represented, there isn't a case.
Pack Rat wrote:if it quacks like a duck and walk like a duck, it's still fascism
viewtopic.php?f=8&t=241668&start=200#p5349880
saxitoxin wrote:jcalebmoore wrote:The attorney general decides whether or not to prosecute before the Supreme Court. If the Attorney General doesn't prosecute the Supreme Court has nothing to hear. I can give you a link to the Judiciary Act of 1789 if you'd like, but basically the AG represents the U.S. before the Court. If the U.S. isn't represented, there isn't a case.
Well, not to split hairs but it's the Solicitor-General who decides whether to bring a case before the Supreme Court, not the Attorney-General.
However, I'm not sure where the Supreme Court got involved in this discussion. It's not a trial court.
jcalebmoore wrote:saxitoxin wrote:jcalebmoore wrote:The attorney general decides whether or not to prosecute before the Supreme Court. If the Attorney General doesn't prosecute the Supreme Court has nothing to hear. I can give you a link to the Judiciary Act of 1789 if you'd like, but basically the AG represents the U.S. before the Court. If the U.S. isn't represented, there isn't a case.
Well, not to split hairs but it's the Solicitor-General who decides whether to bring a case before the Supreme Court, not the Attorney-General.
However, I'm not sure where the Supreme Court got involved in this discussion. It's not a trial court.
This really has gotten semantic...
Technically you're right. The Solicitor General does bring cases to the court. However, he ulitmately is the fourth ranking officer within the Department of Justice and therefore is subject to the Attorney General. The general point I was making was that the ultimately the Department of Justice directed by Holder (but to be completely exhaustive, under direction of the office of President) will determine what if anything Assange will be tried with. I was basically just referencing the fact that there has already been some debate about whether this constitutes sedition, espionage, an act of war or what, and was saying that decision would ultimately be left to the DOJ.
http://newsone.com/nation/washington-wa ... stigation/
http://www.nysun.com/editorials/wikilea ... son/87163/
Here's a link defining the role of Solicitor General within the government:
http://www.answers.com/topic/solicitor-general
I'm not exactly sure what type of body would see the case, and again, that would depend on what he is charged with.

Pack Rat wrote:if it quacks like a duck and walk like a duck, it's still fascism
viewtopic.php?f=8&t=241668&start=200#p5349880
saxitoxin wrote:Thanks for helping me through this; not being an American myself all of this is new and dazzling to me. At what point does the Grand Jury process get suspended and Minister of Truth Roland Freisler Eric Holder become the living embodiment of the law, able to issue indictments at-will, as you also indicated?
jcalebmoore wrote:saxitoxin wrote:Thanks for helping me through this; not being an American myself all of this is new and dazzling to me. At what point does the Grand Jury process get suspended and Minister of Truth Roland Freisler Eric Holder become the living embodiment of the law, able to issue indictments at-will, as you also indicated?
The Grand Jury still issues indictments, but before that would ever happen, someone must issue a complaint against the defendant. The DOJ is the issuing body for complaints on behalf of the U.S. government. Here's a copy of the Federal Rules of Criminal Procedure if you want more details:
http://www.law.cornell.edu/rules/frcrmp/#chapter_iii
Eric Holder cannot convict, or indict, but can simply decide to file a grievance on behalf of the U.S. governemnt. The DOJ simply determines what the government's stance will be in prosecuting a crime.
jcalebmoore wrote:On wether or not the case is worthy of trying [sic]
Pack Rat wrote:if it quacks like a duck and walk like a duck, it's still fascism
viewtopic.php?f=8&t=241668&start=200#p5349880
saxitoxin wrote:jcalebmoore wrote:saxitoxin wrote:Thanks for helping me through this; not being an American myself all of this is new and dazzling to me. At what point does the Grand Jury process get suspended and Minister of Truth Roland Freisler Eric Holder become the living embodiment of the law, able to issue indictments at-will, as you also indicated?
The Grand Jury still issues indictments, but before that would ever happen, someone must issue a complaint against the defendant. The DOJ is the issuing body for complaints on behalf of the U.S. government. Here's a copy of the Federal Rules of Criminal Procedure if you want more details:
http://www.law.cornell.edu/rules/frcrmp/#chapter_iii
Eric Holder cannot convict, or indict, but can simply decide to file a grievance on behalf of the U.S. governemnt. The DOJ simply determines what the government's stance will be in prosecuting a crime.
You'll, of course, understand our confusion since you said Eric Holder rules -jcalebmoore wrote:On wether or not the case is worthy of trying [sic]
(AKA "indictment")
However, it sounds like you've embarked on a voyage of discovery and learning since then, for which I am pleased.
jcalebmoore wrote:Again, this was the trivial logic-based semantic nonsense I was trying to get away from.
jcalebmoore wrote:seems to fall well within the definition of sedition. Here's the definition of sedition:
jcalebmoore wrote:your questions were not meant to gain further understanding of any part of my opinion, but rather to make me look stupid
Pack Rat wrote:if it quacks like a duck and walk like a duck, it's still fascism
viewtopic.php?f=8&t=241668&start=200#p5349880