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General Discussion / Clinton email scandal is still cooking along
« Last post by evensgrey on December 10, 2018, 01:50:14 PM »

So, there's the December 6 ruling.  The court has ruled that the questions about whether Hillary attempted to evade FOIA requirements, and questions as to the legal adequacy of searches through emails the State Department had access to, and questions about the good or bad faith in earlier attempts to settle the FOIA case are all valid for further Discovery and review by the court as to the adequacy of the responses to Discovery.  The judge also noted that either the State Department officials involved were negligent and incompetent, or they may have colluded with Justice Department officials to stop the inquiry and deceive the court.  (We're looking at one pissed-off judge, here.  This is the second most angry I've ever seen a US Federal Judge, the most being the Dover case in 2006 where the judge openly accused two defense witnesses of perjury.)

Don't forget that not only could FOIA evasion constitute a felony, there are also potential charges under the Federal Records Act and the Espionage Act.   The last are the very charges Comey incorrectly declared Hillary Clinton absolved from because she didn't have the intent to violate the law, which is not a requirement for failing to properly and securely handle classified information under the Espionage Act, and neither is that anything was actually accessed by someone not authorized to do so.  All that is required is that the documents were handled in a manner that did not meet the security requirements of the classification level of the document.
The Podcast / Re: Podcast for 9 December 2018
« Last post by evensgrey on December 10, 2018, 12:04:25 PM »
I think this definitely proves that the model CoC from the Geek Feminism Wiki is garbage:  You can have the thing in front of the people who are supposed to be enforcing it, and they have NO IDEA WHAT IT MEANS.  (As an SJW project, that's to be expected.  SJW's don't have rules.  Having rules would mean people would be able to know what is and isn't allowed, which means they can't be arbitrary and constantly change things so they can expel the people they don't like.)
The Podcast / Podcast for 9 December 2018
« Last post by MrBogosity on December 09, 2018, 06:00:01 PM »

News of the Bogus:
12:40 - Biggest Bogon Emitter: The Guardian
9:05 - Silver Cluon Award: Jarkko Sakkinen
23:20 - Idiot Extraordinaire: Sen. Mazie Hirono (D-HI)
This Week's Quote: "An intelligent man neither allows himself to be controlled nor attempts to control others; he wishes reason alone to rule, and that always." —Jean de La Bruyère

💰₿ɪᴛᴄᴏɪɴ Cᴀsʜ: 1PyiWjnNK4TivWwzchprVYBwBxCbJrSK7M
💰ĐASH: XmebStk9yUTzDCnwnxGkTCRzvm3HjRUXwi
The Podcast / Re: Podcast for 2 December 2018
« Last post by MrBogosity on December 04, 2018, 12:15:38 PM »
I imagine 100 years from now the elitists will tell people to remain seated and quiet while listening to the classics from GWAR and Drowning Pool...
The Podcast / Re: Podcast for 2 December 2018
« Last post by evensgrey on December 04, 2018, 09:40:18 AM »
Even jazz isn't what is used to be.  35 years ago, you were SUPPOSED to applaud jazz solos, right over the resumption of the rest of the piece.  Now, a lot of places don't want you to applaud AT ALL.
General Discussion / Re: Civil Forfeiture MIGHT be about to get less bad
« Last post by evensgrey on December 03, 2018, 11:13:19 PM »
It's not Criminal Asset Forfeiture because there doesn't have to be a crime proven first.  They simply allege something is 'proceeds of crime' and seize it, then you have to prove it isn't proceeds of crime to get it back.  Some jurisdictions are particularly bad about grabbing large amounts of cash in vehicles.

Actual Criminal Asset Forfeiture was a proposed replacement in Texas last year, which would have required things like proving a crime occurred, and allowing only the actual proceeds of the proven crime to be seized (unless those proceeds had been transferred to a third party, in which case other assets that did not exceed the value of the proceeds could be seized).  Ohio and Nebraska also recently switched from Civil to Criminal Asset Forfeiture.
The Podcast / Re: Podcast for 2 December 2018
« Last post by MrBogosity on December 03, 2018, 04:44:35 PM »
Beethoven's performances were more like rock concerts, with people dancing and shouting while Beethoven tried to make the orchestra play as loud as they could. Now, everyone sits in silence; you're not even supposed to clap between movements!
General Discussion / Re: Civil Forfeiture MIGHT be about to get less bad
« Last post by MrBogosity on December 03, 2018, 04:42:33 PM »
If it's based on a crime, it's criminal asset forfeiture, not civil. Civil is where they accuse the car or the gold rooster or whatever it is of being involved civilly and seize it. I did a story about this on Bogosity awhile back.
General Discussion / Civil Forfeiture MIGHT be about to get less bad
« Last post by evensgrey on December 03, 2018, 02:44:10 PM »
A video from Michigan attorney Steve Lehto

describing the response of SCOTUS to oral arguments about a civil forfeiture case where a man's car was seized for him selling drugs worth ~1% of the value of the car.

The State Attorney General articulated the standard legal view at the moment, based on the last SCOTUS ruling on the matter (which is that they could, in principle, seize your car because you were speeding by 5 mph) and, apparently, the JUSTICES LAUGHED AT HIM.  They aren't framing this as a question of due process, but of excessive fines, so it won't make Civil Forfeiture go away no matter what they eventually rule, but it could force proportionality between the alleged offense and the forfeiture (which might at least eliminate forfeitures where there is no actual allegation of any specific crime).
The Podcast / Re: Podcast for 2 December 2018
« Last post by evensgrey on December 03, 2018, 10:56:32 AM »
Shakespeare remained a popular mainstream playwright for more than two centuries throughout the English-speaking world.  It was only after about the middle of the 19th century that this mass of cleverly bad language, sex, violence, and bawdy jokes that only linguists get (because nobody else knows what all the archaic words for genitalia are) was inexplicably relegated to being only for cultural elites.  (Although I wonder if the reason we consider him so important isn't that we just don't have many plays from other authors in this era.  He had rich and powerful friends, who decided to publish what we know as the First Folio, containing most of his plays, shortly after his death.  A few decades later when the theaters were closed by Oliver Cromwell and the repertoire was lost, most of Shakespeare, except for three plays preserved elsewhere and two that have been lost, was safely in the libraries of many people who were in a position to keep their personal possessions safe from the sort who like to burn books.)

Classical music and opera were also intended for the general public, and are today seen as the height of elite, high-brow culture.  They also used to be things that could make some serious money, like you can with good movies and TV shows today.  And there ARE good movies and TV shows, just not very many of them.  And, as always in the past, you start with good writing, or you get dross, no matter how good the acting, directing, sets, costumes, props, and effects are.  Audiences have demonstrated an almost unlimited willingness to accept everything EXCEPT the writing being bad.
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