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mila kunis
Jun 10, 2011
https://www.apnews.com/569631f2b11c400cac05a29e0853624b

cool justice system

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COMRADES
Apr 3, 2017

by LITERALLY AN ADMIN
I was going to say "I thought people couldn't be compelled to testify in matters that might incriminate them" but then I realized the USA is a demon nation with a human face mask and probably the fact that it is a 'grand jury' nullifies those rights.

Lol!

really queer Christmas
Apr 22, 2014

the bill of rights doesn't kick in until you make at least six figures

RadiRoot
Feb 3, 2007
All my lib friends now hate her after 2016. Wikileaks went from good to bad, not sure all the reasons since I haven't been following it closely. Chelsea being a Putin puppet probably.

COMRADES
Apr 3, 2017

by LITERALLY AN ADMIN
Wikileaks is bad because they leak things that are anti-US more than anti-Russian. Whether or not that's a purposeful effort on their part or just coincidence given what they have access to leak is a bit immaterial to me because a) obviously all sources have their biases and b) the actual leaks themselves aren't fake or untrue as far as I know. So the worst they can be accused of is selectively leaking things to make the USA look worse than other countries?

I dunno but whistleblowers are heros imo and Chelsea Manning especially given that she leaked some truly heinous poo poo and that no one actually died as a result of her leaking that data (afaik).

quote:

WikiLeaks named the Baghdad airstrike video "Collateral Murder", and Assange released it on April 5, 2010, during a press conference at the National Press Club in Washington, D.C.[146] The video showed two American helicopters firing on a group of 10 men in the Amin District of Baghdad. Two were Reuters employees there to photograph an American Humvee under attack by the Mahdi Army. Pilots mistook their cameras for weapons. The helicopters also fired on a van, targeted earlier by one helicopter, that had stopped to help wounded members of the first group. Two children in the van were wounded, and their father was killed.

Do you guys remember that video? I do. Those cameras looked nothing at all like weapons and I'm not even a trained eye.

wikipedia posted:

In the first strike, the crews of two Apaches directed 30 mm cannon fire at a group of ten Iraqi men, including some armed men, standing where insurgents earlier that day had shot at an American Humvee with small arms fire. Among the group were two Iraqi war correspondents working for Reuters, Saeed Chmagh and Namir Noor-Eldeen. Seven men (including Noor-Eldeen) were killed during this first strike, and Saeed Chmagh was injured.

"including some armed men" lol no they loving weren't

COMRADES has issued a correction as of 21:58 on Mar 8, 2019

Homocow
Apr 24, 2007

Extremely bad poster!
DO NOT QUOTE!


Pillbug
basically you have no rights if the government thinks you've threatened national security

sleeptalker
Feb 17, 2011

Nothing in there about what law she broke, but I bet it ends up having something to do with Obama commuting her sentence instead of just pardoning her lol

COMRADES
Apr 3, 2017

by LITERALLY AN ADMIN

quote:

The Guantánamo Bay files leak (also known as The Guantánamo Files, or colloquially, Gitmo Files)[1] began on 25 April 2011, when WikiLeaks, along with several independent news organizations, began publishing 779 formerly secret documents relating to detainees at the United States' Guantánamo Bay detention camp established in 2002 after its invasion of Afghanistan in 2001.[1] The documents consist of classified assessments, interviews, and internal memos about detainees, which were written by the Pentagon's Joint Task Force Guantanamo, headquartered at Guantanamo Bay Naval Base. The documents are marked "secret" and NOFORN (information that is not to be shared with representatives of other countries).[2]

Media reports on the documents note that more than 150 innocent Afghans and Pakistanis, including farmers, chefs, and drivers, were held for years without charges.[3][4][5] The documents also reveal that some of the prison's youngest and oldest detainees, who include Mohammed Sadiq, an 89-year-old man, and Naqib Ullah, a 14-year-old boy, suffered from fragile mental and physical conditions.

How loving dare she expose the USA for the demon nation that it is.

Willie Tomg
Feb 2, 2006

sleeptalker posted:

Nothing in there about what law she broke, but I bet it ends up having something to do with Obama commuting her sentence instead of just pardoning her lol

a grand jury is very very different from a regular jury. juries are the bodies who find cops guilty of murder when they shoot unarmed black people, grand juries are the bodies wh decide that actually the cop acted lawfully and its not worth having a trial about. refusing to give a statement to a grand jury when they decide that actually not giving a statement isn't a valid invocation of constitutional rights is contempt of court, which carries with it a jail sentence of "however the gently caress long we feel like" and basically your only recourse is bugging the SCOTUS about it.

Al!
Apr 2, 2010

:coolspot::coolspot::coolspot::coolspot::coolspot:

sleeptalker posted:

Nothing in there about what law she broke, but I bet it ends up having something to do with Obama commuting her sentence instead of just pardoning her lol

it's what happens always if you refuse to testify to a grand jury. they can hold you indefinitely, until the grand jury expires. then the next grand jury, if they call you to testify can also hold you indefinitely.

i learned this from a very special episode of rockford files

Willie Tomg
Feb 2, 2006

quote:

She said prosecutors have granted her immunity for her testimony, which eliminates her ability to invoke her Fifth Amendment right against self-incrimination.

The american legal system is calvinball run by and for the scummiest, weakest pieces of poo poo on earth.

sleeptalker
Feb 17, 2011

lol that owns

Koishi Komeiji
Mar 30, 2003



I'm not a legal expert or anything but couldn't she have just agreed to testify and then answer every question with "I don't recall." Or does that only work if you're a level 99 lawyer who's daddy plays golf with the judge?

Willie Tomg
Feb 2, 2006

Koishi Komeiji posted:

I'm not a legal expert or anything but couldn't she have just agreed to testify and then answer every question with "I don't recall." Or does that only work if you're a level 99 lawyer who's daddy plays golf with the judge?

short answer yes. long answer: the issue with that is she's previously testifed on all this poo poo, so that act isn't going to work, and false statements to a grand jury are--you guessed it!--not just contempt of court with an indefinite sentence, but a perjury charge atop it.

Willie Tomg
Feb 2, 2006
also you might be conflating congressional testimony

https://www.youtube.com/watch?v=7IBvZlRqOTw

with a criminal trial, which is different. you lie to congress, you hurt their feelings. you lie to a grand jury, judges and prosecutors get to go buck wild on your entire rear end.

Riot Bimbo
Dec 28, 2006


Doing that when youve gone on record to the contrary is a set-up for perjury charges

COMRADES
Apr 3, 2017

by LITERALLY AN ADMIN
Can't she claim she doesn't remember anymore? Probably not but presumably they'd have to prove that she still remembers what she previously said idk.

Al!
Apr 2, 2010

:coolspot::coolspot::coolspot::coolspot::coolspot:
you also don't have the right to counsel at a grand jury iirc

Tinestram
Jan 13, 2006

Excalibur? More like "Needle"

Grimey Drawer

Radirot posted:

All my lib friends now hate her after 2016. Wikileaks went from good to bad, not sure all the reasons since I haven't been following it closely. Chelsea being a Putin puppet probably.

Wikileaks was clearly bought out. Very few people in the world are immune to the lure of big money.

Willie Tomg
Feb 2, 2006

COMRADES posted:

Can't she claim she doesn't remember anymore? Probably not but presumably they'd have to prove that she still remembers what she previously said idk.

yeah no that cutesy poo poo does not fly in a grand jury short of like Actual Fuckin' Brain Damage that can be proven to absolute exhaustion.

Al! posted:

you also don't have the right to counsel at a grand jury iirc

YUUUUUUUUUUUP.

quote:

As stated in Brewer v. Williams, 430 U.S. 387 (1977), the right to counsel “[means] at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment.”[2] Brewer goes on to conclude that once adversarial proceedings have begun against a defendant, he has a right to legal representation when the government interrogates him[3] and that when a defendant is arrested, “arraigned on [an arrest] warrant before a judge,” and “committed by the court to confinement,” “[t]here can be no doubt that judicial proceedings ha[ve] been initiated.”

Individuals subject to grand jury proceedings do not have a Sixth Amendment right to counsel because grand juries are not considered by the U.S. Supreme Court to be criminal proceedings which trigger the protections of that constitutional protection.[4]

Willie Tomg posted:

The american legal system is calvinball run by and for the scummiest, weakest pieces of poo poo on earth.

Karl Barks
Jan 21, 1981

lol i remember when a bunch of twitter shits were convinced she was a CIA asset. I'm sure they'll delude themselves into having an explanation for this turn of events

Al!
Apr 2, 2010

:coolspot::coolspot::coolspot::coolspot::coolspot:
bottom line is chelsea is brave as gently caress for standing up to a grand jury because they have full license to gently caress your poo poo up horrifically because the idea that our shoddy constitution guarantees rights and freedoms in the legal system is a huge joke

504
Feb 2, 2016

by R. Guyovich

COMRADES posted:

How loving dare she expose the USA for the demon nation that it is.

My favorite was the US using drones in Afghanistan to kill goat herders they suspected could be OBL based on the evidence "They were tall"

COMRADES
Apr 3, 2017

by LITERALLY AN ADMIN

quote:

Individuals subject to grand jury proceedings do not have a Sixth Amendment right to counsel because grand juries are not considered by the U.S. Supreme Court to be criminal proceedings which trigger the protections of that constitutional protection.[4]

not a criminal proceeding but we can jail you and take your freedom away over it

:v:

it really is fuckin calvinball

Dr. Killjoy
Oct 9, 2012

:thunk::mason::brainworms::tinfoil::thunkher:
wonder if this will dispel the tankie conspiracy theory that she (along with that Hell of a Way to Die podcast guy, the West Point commie, and Snowden) is a psyop.

anotherone
Feb 8, 2001
Username taken, please choose another one

Willie Tomg posted:

short answer yes. long answer: the issue with that is she's previously testifed on all this poo poo, so that act isn't going to work, and false statements to a grand jury are--you guessed it!--not just contempt of court with an indefinite sentence, but a perjury charge atop it.

can the fact that she's already testified to most of this stuff also be used as rationale to ignore her 5th amendment right to avoid self-incrimination?

Willie Tomg
Feb 2, 2006

anotherone posted:

can the fact that she's already testified to most of this stuff also be used as rationale to ignore her 5th amendment right to avoid self-incrimination?

that's a lot of effort to go through to get to the same place they got to in far fewer steps. she's immune to any possible charge in this case, therefore cannot be incriminated by herself or anyone else, therefore she dines on Nutri-Loaf until she snitches thereby introducing evidence into this case that was provided in other cases.

Pizza Segregationist
Jul 18, 2006

are grand juries chosen the same way normal juries are? I've known plenty of people who have had jury duty but never anyone who served in a grand jury. though that might just be because they are more rare idk

Vincent Van Goatse
Nov 8, 2006

Enjoy every sandwich.

Smellrose
imagine going to jail in 2019 to protect julian assange of all people

LGD
Sep 25, 2004

Pizza Segregationist posted:

are grand juries chosen the same way normal juries are? I've known plenty of people who have had jury duty but never anyone who served in a grand jury. though that might just be because they are more rare idk

yes, but also no

they come from the same general population of people as trial jurors and are called the same way but the selection process is somewhat less involved since there's no defense/prosecution striking of jurors (i.e. its generally just a judge asking a few questions) and then if they're selected they stay on the grand jury from a month to a year, sitting a couple of times per week to review different cases

Coolness Averted
Feb 20, 2007

oh don't worry, I can't smell asparagus piss, it's in my DNA

GO HOGG WILD!
🐗🐗🐗🐗🐗

Al! posted:

bottom line is chelsea is brave as gently caress for standing up to a grand jury because they have full license to gently caress your poo poo up horrifically because the idea that our shoddy constitution guarantees rights and freedoms in the legal system is a huge joke

yeah, and they're going to torture her again, her lawyer's request to have her put in home confinement or otherwise put in a situation where her medical needs are met has been rejected

CommanderApaul
Aug 30, 2003

It's amazing their hands can support such awesome.

anotherone posted:

can the fact that she's already testified to most of this stuff also be used as rationale to ignore her 5th amendment right to avoid self-incrimination?

The prosecution has granted her immunity, so that removes the possibility of asserting the 5th. You can be compelled to testify if granted immunity, Kastigar v. United States (1972).

As for previous testimony, it's not a bright line. You cannot use the 5th to selectively testify in a single proceeding, and waiving your rights in one proceeding does not necessarily (but can, depending on the judge) waive your rights in further proceedings. Also, speaking publicly on a topic can also preemptively waive your rights (again depending on the judge), which is going to make things very interesting for Roger Stone if he decided to testify during his own trial.

She is claiming to assert her 4th, 6th and 8th Amendment rights in refusing to testify. Right to counsel (6th) has already been addressed by SCOTUS as not required for grand jury, but it at least makes sense. 4th and 8th are understandable for the actual jailed for contempt result, but are really odd claims when it comes to rights to assert against giving testimony.

I get that this is the hill she's chosen to die on (refusing to testify in a secret proceeding), but I seriously question the competency of the legal advice she's getting.

COMRADES
Apr 3, 2017

by LITERALLY AN ADMIN
Laws and whatever shenanigans aside,


quote:

“I will not participate in a secret process that I morally object to, particularly one that has been used to entrap and persecute activists for protected political speech,” she said in a statement released after she was taken into custody.

She's not in the wrong. :shrug:

And holding someone indefinitely until they do what you want isn't justice it is extortion.

Willie Tomg
Feb 2, 2006
its entirely how snitches get made past the street level, yeah. it just lacks a particular dramatic flair, so americans are largely ignorant of it since procedurals on the teevee tend to gloss over grand jury proceedings.

mila kunis
Jun 10, 2011

Vincent Van Goatse posted:

imagine going to jail in 2019 to protect julian assange of all people

might not be the only person shes protecting. wikileaks and leaking poo poo from american government agencies and political parties is good.

Fallen Hamprince
Nov 12, 2016



LOCK! HER! UP!

Fallen Hamprince
Nov 12, 2016

when you think about it, getting locked in prison with members of the aryan brotherhood is the hard mode version of doing an escape room with proud boys, so i wish chelsea luck

(USER WAS PUT ON PROBATION FOR THIS POST)

Darkman Fanpage
Jul 4, 2012
those arent proud boys those are dc journo dorks.

Fallen Hamprince
Nov 12, 2016

Darkman Fanpage posted:

those arent proud boys those are dc journo dorks.
                                  /
                                /

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Darkman Fanpage
Jul 4, 2012
prime example. not a proud boy.

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