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He's shown himself to be a pretty unethical and dishonest person and not too bright - not just in this, but in some of his other stunts where there is evidence of editing of tapes etc. I don't understand why people defend his actions, unless it's partisan?
Editing for Form is one thing, editing to suppress information, is another. This is mostly a Straw Man Argument.
When it comes to those kinds of videos - any editing is suspect wouldn't you say?
They entered under false pretenses; that is not breaking in. They opened a door: this did not take force. They did not burglarize. They wore disguises to uncover what they believed was a story about a Senator refusing to be accountable to her constituency. They were stupid in how they went about it. They looked in the line closet to complete their disguise of being repairmen. They did not burgaler or even vandalize the closet. The arresting officers found NO wire tapping devices or equipment on them...does that compute? I do not believe they will be prosecuted for anything.
Really? "They opened a door: this did not take force."?
You do realize that "pushing open a door" is literally part of the definition, right?
As in:
breaking and entering
n. 1) the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime. 2) the criminal charge for the above.
Since they entered under false pretenses, there is lack of authorization. Since they pushed open a door at all, it is Breaking and Entering.
It is not Burglary, which is Breaking and Entering with the proven intent of stealing something, but it is definitely breaking and entering.
I don't see it as breaking and entering at all. Better hope I'm not on the Jury. Unlawful entry into a restricted area, Impersonating, misrepresenting, sure. There are all different kinds of things People do that They don't get charged with too, in the end. When It's Political, Who can tell.
As for Your charge that if everything was reversed, We would be yelling and screaming, issues like this come up every day. Most of Us have just learned to live with it. No Rioting, Obstruction, burning down Neighborhoods that I have seen. How about You?
Yep...and they will be martyrs to the "conservatives" ... a win/win for them.They are being charged "with entering federal property under false pretenses for the purpose of committing a felony, which carries up to 10 years in prison."
Dat's a Federal crime and a Felony.
IIRC you can't plead down to a misdemeanor in a case like that.
Perhaps a board attorney can confirm or strike down my recall.
I think its in fact likely the will plead down to 6 months. This is why:
TITLE 18 > PART I > CHAPTER 47 > § 1036
(a) Whoever, by any fraud or false pretense, enters or attempts to enter
(1) any real property belonging in whole or in part to, or leased by, the United States;
....
shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under subsection (a) of this section is
(1) a fine under this title or imprisonment for not more than 10 years, or both, if the offense is committed with the intent to commit a felony; or
(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case.
Note that there are two punishments. The one they are being charged with now is the one where they intended to commit a felony. The second is one which involves ONLY entering under false pretenses - without intent to commit felony.
I think it will be difficult to prove beyond a reasonable doubt that these men intended to commit a felony. However, its easy to show they entered under false pretenses, which by itself is 6 months.
Seriously?ravi...please name the conservatives who have defended these guys actions.
thank you.
Assuming disguises and entering a secure area under false pretenses is in fact "Breaking In". You don't have to physically break locks to be performing a "break in".
breaking and entering
n. 1) the criminal act of entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization. If there is intent to commit a crime, this is burglary. If there is no such intent, the breaking and entering alone is probably at least illegal trespass, which is a misdemeanor crime. 2) the criminal charge for the above.
So when they touched the door to attempt to gain access to the phone closet, they were in fact "Breaking and Entering".
They entered under false pretenses; that is not breaking in. They opened a door: this did not take force. They did not burglarize. They wore disguises to uncover what they believed was a story about a Senator refusing to be accountable to her constituency. They were stupid in how they went about it. They looked in the line closet to complete their disguise of being repairmen. They did not burgaler or even vandalize the closet. The arresting officers found NO wire tapping devices or equipment on them...does that compute? I do not believe they will be prosecuted for anything.
Here's something interesting:
Criminal Trespass
Some statutes consider a trespass criminal only if the defendant has an unlawful purpose in entering or remaining in the place where he has no right to be. The unlawful purpose may be an attempt to disrupt a government office, theft, or Arson. Statutes in some states specify that a trespass is not criminal until after a warning, either spoken or by posted signs, has been given to the trespasser. Criminal trespass is punishable by fine or imprisonment or both.
Yep...and they will be martyrs to the "conservatives" ... a win/win for them.They are being charged "with entering federal property under false pretenses for the purpose of committing a felony, which carries up to 10 years in prison."
Dat's a Federal crime and a Felony.
IIRC you can't plead down to a misdemeanor in a case like that.
Perhaps a board attorney can confirm or strike down my recall.
I think its in fact likely the will plead down to 6 months. This is why:
TITLE 18 > PART I > CHAPTER 47 > § 1036
(a) Whoever, by any fraud or false pretense, enters or attempts to enter
(1) any real property belonging in whole or in part to, or leased by, the United States;
....
shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under subsection (a) of this section is
(1) a fine under this title or imprisonment for not more than 10 years, or both, if the offense is committed with the intent to commit a felony; or
(2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case.
Note that there are two punishments. The one they are being charged with now is the one where they intended to commit a felony. The second is one which involves ONLY entering under false pretenses - without intent to commit felony.
I think it will be difficult to prove beyond a reasonable doubt that these men intended to commit a felony. However, its easy to show they entered under false pretenses, which by itself is 6 months.
Seriously?ravi...please name the conservatives who have defended these guys actions.
thank you.
Wanna explain why FAUX Noise devoted 1 hour, 4 minutes and 45 seconds to this moron's expose of Acorn, yet were only able to squeeze 4 minutes out for his arrest?
Blech, Limp Idiot, Billo the Clown and Manatee have ALL defended this douchebag. Did you see the softball interview Hannity did with him? They were cosigning each other's bullshit.
Wanna explain why FAUX Noise devoted 1 hour, 4 minutes and 45 seconds to this moron's expose of Acorn, yet were only able to squeeze 4 minutes out for his arrest?
Blech, Limp Idiot, Billo the Clown and Manatee have ALL defended this douchebag. Did you see the softball interview Hannity did with him? They were cosigning each other's bullshit.
Isnt that exactly how long they spent on Acorn?
I say he was set up. Not his fault and was framed becuase of the great work he did exposing the entire Acorn organization...not just that one office, all of them.
Great work sir. Hopefully you really learn what a pimp is.
I say he was set up. Not his fault and was framed becuase of the great work he did exposing the entire Acorn organization...not just that one office, all of them.
Great work sir. Hopefully you really learn what a pimp is.
His co-conspirators are on film posing as a phone company employee on U.S. government property. Its a crime to falsely represent yourself on U.S. government property regardless of your other intentions.
If you intend to commit a felony, its punishable by up to 10 years.
If you did not intend to commit a felony, it is is punishable by up to 6 months.
The PENALTY is different depending on your intentions, but merely falsely representing yourself on government property is a crime by itself.
While I think they probably were intending to tamper with the phone system, which would be a felony - that might be hard to prove. But its undeniable fact they were posing as phone company employees when they are not. I predict they will plea to the lesser charge (punishable by up to 6 months).
Send James The Queef to jail for 10 years.
I say he was set up. Not his fault and was framed becuase of the great work he did exposing the entire Acorn organization...not just that one office, all of them.
Great work sir. Hopefully you really learn what a pimp is.
His co-conspirators are on film posing as a phone company employee on U.S. government property. Its a crime to falsely represent yourself on U.S. government property regardless of your other intentions.
If you intend to commit a felony, its punishable by up to 10 years.
If you did not intend to commit a felony, it is is punishable by up to 6 months.
The PENALTY is different depending on your intentions, but merely falsely representing yourself on government property is a crime by itself.
While I think they probably were intending to tamper with the phone system, which would be a felony - that might be hard to prove. But its undeniable fact they were posing as phone company employees when they are not. I predict they will plea to the lesser charge (punishable by up to 6 months).
I say he was set up. Not his fault and was framed becuase of the great work he did exposing the entire Acorn organization...not just that one office, all of them.
Great work sir. Hopefully you really learn what a pimp is.
His co-conspirators are on film posing as a phone company employee on U.S. government property. Its a crime to falsely represent yourself on U.S. government property regardless of your other intentions.
If you intend to commit a felony, its punishable by up to 10 years.
If you did not intend to commit a felony, it is is punishable by up to 6 months.
The PENALTY is different depending on your intentions, but merely falsely representing yourself on government property is a crime by itself.
While I think they probably were intending to tamper with the phone system, which would be a felony - that might be hard to prove. But its undeniable fact they were posing as phone company employees when they are not. I predict they will plea to the lesser charge (punishable by up to 6 months).
Mark my words...he wont do time. Eventually he will end up working as a correspondent for Fox.
Wait for it.
