yimyammer

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If the agents texted something that would benefit the defense, those texts would have to be provided to the defense team. For example, if an agent texted another agent and said something to the effect that the Capital Police were being too aggressive or inciting the crowd, then that would have to be disclosed.

During the Russia Gate investigation when the attorneys scrubbed their phones by inputting 10 wrong passwords which made the phone lock and the data irretrievable, that was absolutely wrong. In any "normal" case, the destruction of any evidence would result in the charges being tossed. But the government just acted with impunity.

I'm no lawyer either but knowingly withholding the fact 26 feds were dispersed among the crowd should have been disclosed and explained. Had they been up front about it with a logical explanation why it was done, it would be more credible. Doing the opposite gives me doubt as to why they were they and why they withheld this fact
 

dbair1967

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If Ray Epps, for example, was acting on behalf of the government (ie: informant) and urged people to enter the Capital and commit a crime, then that would have to be disclosed. I feel confident Ray Epps was on someone's payroll and he's the one big question mark.
Epps will no doubt be on Biden's massive pardon list.
 

dbair1967

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It says alot about Jack Poso which is why his Brady violation claim is stupid. It hurts his credibility. Now if a legal scholar like Jonathan Turley or Alan Dershowitz made that argument with facts, then I might buy it. But there's a reason you don't hear them making that claim, at least not from what I've heard.
Give it time, they just let this info out yesterday.
 

Creeper

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I read that it would it be a Brady violation not to disclose to the defense there were 26 agents in the crowd that day, are you saying that wouldnt be a violation either?

It could be a Brady violation. The prosecution is required to turn over all exculpatory evidence to the defense. Having 26 agents in the crowd that day is not necessarily exculpatory, but combined with videos showing what those agents did could be. But it is also a problem for the prosecution if they made false statements about the existence of agents in the crowds.

Did the FBI informants try to convince protestors to commit illegal acts? Did the informants commit illegal acts? Did they get immunity in exchange for testimony? All of this would have to be disclosed in court. If the FBI acted on information provided by the informants but kept the informants secret that could also be a Brady violation.

One thing we do know is that the FBI may have lied to congress when they claimed there were no informants, or that they did not know how many. But lying to congress doesn't seem to be an issue anymore.
 

Creeper

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gutless on his part, you come across as a very reasonable person, he might just learn something in the process
I always try to be objective, or at least back me opinions with facts or logic of some kind. It bothers me when people on the right post clearly false information, or use memes to suggest blatantly false stories because the makes us the same as the left, who lie constantly. I feel we have the fats and reason on our side and we do not need to resort to propaganda. Jack claims to be a journalist so he should be especially careful about posting fake news.
 

Creeper

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Rush was right, again.



This was such an awful case, and several men had their lives ruined over what was clearly from the beginning a false accusation. Remember, these men were kicked out of school over this incident. I believe the fraternity was shut down as well. The did sue Duke University and they did receive a settlement, but somehow, whatever it was, it does not seem like enough. There needs to be consequences for leveling false accusations, and for promoting those false accusations to destroy men's lives.

The most irksome part of this though is the fact that we learned nothing from this case. There have been 1000 similar cases since then. Believe all women is a rallying cry to cancel the constitutional rights of those accused. Just look at the Brett Kavanaugh hearings. Christine Blasey Ford was allowed to accuse Kavanaugh of sexual assault in public despite not having told anyone about her assault for 30 years, not remember the time or place of the incident, not remembering other key facts like how she got home that night, and then claiming another man was involved which he also denied. Not remember the time and place makes it impossible for the defendant to provide an alibi. The same thing happened in the E Jean Carroll case against Trump. She, too, could not remember the time of the timeframe of the incident. She could provide no witnesses or other corroborating evidence. It was her word against Trump, and some of words were proven false and others were incredible. It is unimaginable that a woman from 30 years ago can pop up into a man's life and accuse him of rape without any evidence and that man would be found liable.

So while we all posture about the Duke case, there are Duke cases taking place everywhere, all the time, and the same people jump to the same conclusions every time not learning anything from all proven false accusations.
 

dbair1967

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Scum sucking traitors, all of them.

Of course they want the pardon, behind the scenes I am sure him, Cheney, Peolosi, Schiff, Fauci and dozens others are BEGGING for a parson. They all know they are guilty of sin of treason and in Fauci's case, also crimes against humanity. Every one of them 100% deserve the death penalty.

 

Dodger12

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It is, because it robs the defense of discovery by means of depositions, etc.

So when the perimeter of a murder scene is secured with a dozen traffic cops, are their names disclosed? Are their logs disclosed? Only if they see something either way or excuplpatory to the defense. Again, I'm no lawyer and I may be wrong, but I'd bet there are agents/human sources in most protests of high national interest. Or there should be.
 

Dodger12

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It could be a Brady violation. The prosecution is required to turn over all exculpatory evidence to the defense. Having 26 agents in the crowd that day is not necessarily exculpatory, but combined with videos showing what those agents did could be. But it is also a problem for the prosecution if they made false statements about the existence of agents in the crowds.

Did the FBI informants try to convince protestors to commit illegal acts? Did the informants commit illegal acts? Did they get immunity in exchange for testimony? All of this would have to be disclosed in court. If the FBI acted on information provided by the informants but kept the informants secret that could also be a Brady violation.

One thing we do know is that the FBI may have lied to congress when they claimed there were no informants, or that they did not know how many. But lying to congress doesn't seem to be an issue anymore.

I don't disagree with anything you posted and agree that's how Brady would apply. And I'll say this as well. I've been involved in many trial preps and many prosecuting attorneys would always error on the side of caution even when it was things I felt didn't need to be disclosed.
 

dbair1967

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So when the perimeter of a murder scene is secured with a dozen traffic cops, are their names disclosed? Are their logs disclosed? Only if they see something either way or excuplpatory to the defense. Again, I'm no lawyer and I may be wrong, but I'd bet there are agents/human sources in most protests of high national interest. Or there should be.
didn't they specifically state there weren't any there though, and contended that for several years now
 

dbair1967

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I was wondering about that. If he is, it will signal the admission of the largest national scandal in history next to the stolen election.
either that or the guy will just disappear completely (out of the country)
 

Doomsday

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So when the perimeter of a murder scene is secured with a dozen traffic cops, are their names disclosed? Are their logs disclosed? Only if they see something either way or excuplpatory to the defense. Again, I'm no lawyer and I may be wrong, but I'd bet there are agents/human sources in most protests of high national interest. Or there should be.
None of which were present when the crime was committed. The 26 FBI agents planted in the crowd, were present when the crime(s) were committed.
 

dbair1967

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OK assholes...you people are ruining the earth with your needless breathing....we are going to do our part here at DCU, and moving forward you are hereby ordered to hold your breath for 30 seconds at a time when posting. You can do this mandatory 30 seconds either at the beginning or end of your posting session, but the science says you are fucking everything up with your excessive breathing, and we have to follow the science.

Do your part and "take a breather from breathing!!!!!!!!!!!"

 

yimyammer

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Epps will no doubt be on Biden's massive pardon list.
1500 clemancy plus pardons so far:

Here are the 39 people who received pardons, with names, ages and locations provided in a White House press release:

  • Nina Simona Allen, 49, of Harvest, Alabama
  • Kelsie Lynn Becklin, 38, of Falcon Heights, Minnesota
  • Duran Arthur Brown, 44, of Cleveland, Ohio
  • Norman O’Neal Brown, 56, of Washington, DC
  • Arthur Lawrence Byrd, 58, of Clinton, Maryland
  • Sarah Jean Carlson, 49, of Coon Rapids, Minnesota
  • Brandon Sergio Castroflay, 49, of Alexandria, Virginia
  • Rosetta Jean Davis, 60, of Colville, Washington
  • Stevoni Wells Doyle, 47, of Santaquin, Utah
  • Gregory S. Ekman, 58, of Fountain Valley, California
  • Shannan Rae Faulkner, 56, of Muldrow, Oklahoma
  • Trynitha Fulton, 46, of New Orleans, Louisiana
  • Paul John Garcia, 72, of Las Vegas, New Mexico
  • Kim Douglas Haman, 75, of Lima, Ohio
  • Sherranda Janell Harris, 43, of Norwalk, Connecticut
  • Terence Anthony Jackson, 36, of Seattle, Washington
  • Edwin Allen Jones, 60, of Paducah, Kentucky
  • Jamal Lee King, 53, of North Ridgeville, Ohio
  • Jerry Donald Manning, 70, of Sun Prairie, Wisconsin
  • Honi Lori Moore, 46, of Rock Springs, Wyoming
  • Emily Good Nelson, 39, of Indianapolis, Indiana
  • Denita Nicole Parker, 43, of Gaffney, South Carolina
  • Michael Gary Pelletier, 67, of Augusta, Maine
  • Russell Thomas Portner, 74, of Toutle, Washington
  • Nathaniel David Reed III, 46, of San Antonio, Texas
  • Gary Michael Robinson, 70, of Redmond, Oregon
  • Jose Antonio Rodriguez, 55, of Coral Springs, Florida
  • Patrice Chante Sellers, 49, of Bear, Delaware
  • Audrey Diane Simon, 63, of Prescott, Wisconsin
  • James Russell Stidd, 79, of Groveport, Ohio
  • Diana Bazan Villanueva, 51, of La Grange, Illinois
  • Lashawn Marrvinia Walker, 51, of Minneapolis, Minnesota
  • Mireya Aimee Walmsley, 57, of La Porte, Texas
  • Kimberly Jo Warner, 54, of Portville, New York
  • Johnnie Earl Williams, 58, of Denver, Colorado
  • Shawnte Dorothea Williams, 45, of Columbia, South Carolina
  • Lashundra Tenneal Wilson, 49, of Arlington, Texas
  • Lora Nicole Wood, 39, of Maxwell, Nevada
  • James Edgar Yarbrough, 79, of Arlington, Tennessee
 
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