Here's something I'd love to see a defense attorney to a Lawsplainer about:
How powerful (and shitty) conspiracy charges are in federal law.
@Popehat
I've written a ton about ConFraudUs, and Lawfare did a good post.
https://www.emptywheel.net/2018/02/17/the-conspiracy-to-defraud-the-united-states-backbone-of-the-internet-research-agency-and-manafort-indictments/ …https://www.lawfareblog.com/about-russia-indictment-robert-muellers-legal-theory-and-where-it-takes-him-next …
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3/statements in furtherance of the conspiracy are an execption to the hearsay rule once prima facie conspiracy is established and the participation of declarant. Confrontation the only limit & statements by unindicted coconspirator i.e. the president are admissible as 2 others.
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Can you all maybe stop tipping off the Trump legal team to all of this? They seem to not have figured it out.
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Too late. He has no legal team. Just a failed PR guru and a guy who's practice is to prove creationism
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It's power lies in ease by which it can be accomplished. Coconspirators need not even know or be involved with other coconspirators. Can have 1 person conspiracy with others- agents. Impossibility not a defense. Overt acts can be lawful to accomplish illegal end or illegal to 1/
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accomplish legal end. Conspiracy can continue after arrest and incude such overt acts as attempt to coverup, pay bail or provide lawyers. Finally responsible for all forseeable ends no matter how much or little your role. Real nightmare is evidentiary where coconspirator/2
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Ask any drug policy activist. Charge everyone with conspiracy. Kingpins walk because of their $$, lawyers. Next level goes to jail because level below flipped, flippers free or light sentence, street corner kids go to jail because they have no info to trade or money for attorneys
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Nixon lawyers like Rudy went to jail themselves, right?
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Rudy G sounds like a crazy Rapper from NY
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For cybersecurity/hacking, "conspiracy" seems open to abuse for them to get you because they don't like you, not because you've done anything wrong.
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On the other hand, they also appear to have used "conspiracy" to get bad guys that really are bad, despite not being being able to prove some other crime.
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They are working to add cyber for RICO, which makes me even more worried.
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Bingo
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Rudy G understands fully how powerful conspiracy is; that is why he uses it.
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