I have a hard time figuring out what charge that corresponds to, though, unless it's simply an overt act within a CFAA or ConFraudUS conspiracy.
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Replying to @Theophite @TCleveland4Real
Oh, it's a ConFraudUs conspiracy. Plus probably some other things.
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Replying to @emptywheel @TCleveland4Real
I can see that, but if I were the prosecutor, I wouldn't want that to be my keystone charge on Stone. There's no bad case law on using the charge that way, but there's also not a lot of great case law. And for various reasons, DOJ hates dealing with staged conspiracy charges.
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Replying to @Theophite @TCleveland4Real
What do you mean by "staged conspiracy theories"?
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Replying to @emptywheel @TCleveland4Real
Conspiracy charges. DOJ guidelines, IIRC, recommend charging all members of a conspiracy simultaneously, because later-charged conspirators gain an an advantage over earlier-charged conspirators -- something you don't want if you're ladder-climbing.
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That's not saying that it's illegal or banned by policy, but it's not a particularly natural way for a DOJ-trained prosecutor to charge a conspiracy case.
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Replying to @Theophite @TCleveland4Real
I guess I'm not seeing why you think this is staged.
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Replying to @emptywheel @TCleveland4Real
Do you think the IRA/GRU indictments describe a discrete conspiracy? My intuition is that the US-side conspiracy doesn't stand without the RU-side conspirators.
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To be clear, I'm ranking "straight ConFraudUS" as the second-most-likely possibility, beneath "I do not fully understand what the strategy is here."
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Replying to @Theophite @TCleveland4Real
It'll be more than ConFraudUs. Did you see this post? Add in the crimes Hickey mentions that haven't been charged yet and you've fleshed out how the several ConFraudUses charged already will ultimately link together. https://www.emptywheel.net/2018/06/12/the-crimes-with-which-nsd-envisions-charging-those-attacking-elections/ …
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The only one I can't explicitly point to already (tho won't necessarily explain it all) is destruction of evidence.
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