So is Upsetter saying the GOP is guilty too?
If the thunder don't get you then the lightning will
When your choices are between a pedophile religious zealot or a dem suddenly the pedophile religious zealot doesn't sound too bad. - PLOW
An early draft of former FBI Director James Comey's statement closing out the Hillary Clinton email case accused the former secretary of State of having been "grossly negligent" in handling classified information, newly reported memos to Congress show.http://thehill.com/homenews/senate/3589 ... -on-emails
The tough language was changed to the much softer accusation that Clinton had been "extremely careless" in her handling of classified information when Comey announced in July 2016 there would be no charges against her.
The change is significant, since federal law states that gross negligence in handling the nation's intelligence can be punished criminally with prison time or fines.
Upsetter wrote: ↑Thu Mar 15, 2018 8:25 pm [quote=RockinDaddyNotFromTN post_id=685858 time=1521145901 user_id.I’m willing to accept that collusion is not a crime. but then what the fuck is this whole stupid investigation about anyway? All I ever hear about is collusion?!
Good lord man. A) As any self respecting trump fan knows, "Collusion" is not a crime, 2) Unlike something like murder for hire where there are specific laws for an involved party that does not actually do the crime (i.e. the person who did the hiring), even if collusion was a crime, there is not "collusion for hire" statute so D) any crime of the kind you are describing would have to fall under conspiracy and someone cannot be convicted, charged, whatever of conspiracy without knowledge and it's been reported that the clinton campaign didn't know about fusion gps never mind chris steele.
A conspiracy occurs when two or more people agree to commit an illegal act and take some step toward its completion. Conspiracy is an inchoate crime because it does not require that the illegal act actually have been completed. For instance, a group of individuals can be convicted of conspiracy to commit burglary even if the actual burglary never happens. Conspiracy is also unique in that, unlike attempt, a defendant can be charged with both conspiracy to commit a crime, and the crime itself if the crime is completed.
Elements of a Conspiracy
Conspiracy first requires a showing that two or more people were in agreement to commit a crime. This agreement does not have to be formal or in writing. All that is required is that the parties had a mutual understanding to undertake an unlawful plan. Second, all conspirators must have the specific intent to commit the objective of the conspiracy. This means that someone who is entirely unaware that she is participating in a crime cannot be charged with conspiracy. For instance, if two sisters agree to rob a bank and ask their brother to drive them to the bank without informing him of their intent to commit a crime, he cannot be charged with conspiring in the robbery. This specific intent requirement does not require that each individual knows all the details of the crime or all of the members of the conspiracy. As long as an individual understands that the act being planned is a criminal one and proceeds nonetheless, he can be charged with conspiracy.
Finally, in most states, conspiracy requires an “overt act” taken in furtherance of the crime. This overt act does not have to be the crime itself, nor does it have to be an act that is illegal. Rather, the act must merely be a step taken in furtherance of the criminal objective, such as buying a weapon or holding a meeting to plan an attack. The act must also take place after the group of individuals has agreed to conspire. Actions taken before the agreement do not fulfill this requirement. While an “overt act” implies an affirmative action, some courts have held that silence can be an overt act where it is intentional, planned, and done in furtherance of the conspiracy.
Defenses to Conspiracy
Like other inchoate crimes such as attempt, a defendant charged with conspiracy can raise the defense of abandonment or withdrawal. In order to do so, a defendant must show that he affirmatively communicated his withdrawal to his co-conspirators and took some positive action to withdraw from the conspiracy. Additionally, the defendant must have withdrawn from the conspiracy prior to its completion. Importantly, the defendant must have definitively cut ties with his fellow co-conspirators. If he continues to communicate with them or assist them in any way, this may prevent him from raising the defense of withdrawal.
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