Re: Is Joe Biden guilty of obstruction of justice?

2019-10-09 Thread Peter Fairbrother

On 09/10/2019 21:02, jim bell wrote:
I try to avoid posting "political" issues, or at least initiating them, 
but Joe Biden just called for Trump to be impeached because Trump called 
on Ukraine and China to investigate him, Joe Biden. >
I wonder why this doesn't qualify as "attempted obstruction of 
justice".   


Not even if Biden is guilty of something (for which we have 
approximately zero evidence) and was trying to hide it.


Trump was not performing the lawful investigative act of a Government 
official - whether or not his motive was purely the administration of 
justice, his act is clearly and specifically illegal under US election 
law - therefore obstructing that unlawful act cannot be obstruction of 
justice.


In a few other jurisdictions it might be considered to be perverting the 
course of justice - but it is not obstruction of justice as defined 
under US law, which is obstructing the lawful judicial actions of 
prosecutors, investigators or other Government officials.




If you have been following the Brexit implosion, there is a law here 
which says that (under some circumstances) Boris must ask the EU for an 
extension, which Boris has said he will not do, and also that he will. 
He definitely doesn't want to.


It has been suggested that he might ask a EU country to refuse the 
extension as a way of getting round the law. However if he did, and it 
meant Brexit happened, anyone who was in any way disadvantaged by Brexit 
could then sue Boris, as his action as Prime Minister would not have 
been lawful.




What was it Nixon said? "Well, when the President does it, that means 
that it is not illegal."


Nope, thankfully it doesn't work like that.


Peter Fairbrother


Re: Is Joe Biden guilty of obstruction of justice?

2019-10-09 Thread jim bell
 

On Wednesday, October 9, 2019, 01:52:57 PM PDT, Peter Fairbrother 
 wrote:  
 
 On 09/10/2019 21:02, jim bell wrote:
>> I try to avoid posting "political" issues, or at least initiating them, 
>> but Joe Biden just called for Trump to be impeached because Trump called 
>> on Ukraine and China to investigate him, Joe Biden. >
>> I wonder why this doesn't qualify as "attempted obstruction of 
>> justice".  

>Not even if Biden is guilty of something (for which we have 
>approximately zero evidence) and was trying to hide it.

>Trump was not performing the lawful investigative act of a Government 
official - whether or not his motive was purely the administration of 
justice, his act is clearly and specifically illegal under US election 
law - therefore obstructing that unlawful act cannot be obstruction of justice.
Could you cite which specific part of US election law" that Trump's action was 
"clearly and specifically illegal"?
And I notice you said "US election law".   We're not having an election now, at 
least not for about 13 months.  How does this magic "US election law" guide 
what somebody says 13 months prior to an election?
(Note:  I'm not suggesting that "US election law" cannot possibly apply, due to 
this 13-month distance in time.   But Biden is not yet even a nominee, and 
hardly even an official candidate, for office.  Are you saying that if Trump 
had asked a foreign country to investigate merely an ordinary citizen for a 
possible crime, that WOULDN'T be a problem under "US election laws", merely 
because that ordinary citizen isn't a candidate in an election?   That simply 
doesn't make sense.
Remember, when Hillary Clinton had her law firm Perkin Coie hire FusionGPS to 
hire Christopher Steele to talk to many Russians, Donald Trump was DEFINITELY a 
candidate.  And soon enough, the FBI became involved.  So wasn't THAT an act 
which was "clearly and specifically illegal under US election law".   I know, 
consistency's a bitch, huh?
C'mon, let's use some logic here.  

>In a few other jurisdictions it might be considered to be perverting the 
course of justice - but it is not obstruction of justice as defined 
under US law, which is obstructing the lawful judicial actions of 
prosecutors, investigators or other Government officials.

Is it legal for Trump to ask a foreign nation to do a criminal investigation?   
I'm not aware that it is specifically illegal.  It isn't a crime, I think,   
It's not REQUIRED, of course, but that doesn't mean that what Biden said was 
not (attempted) obstruction of justice.



>If you have been following the Brexit implosion, there is a law here 
which says that (under some circumstances) Boris must ask the EU for an 
extension, which Boris has said he will not do, and also that he will. 
He definitely doesn't want to.

>It has been suggested that he might ask a EU country to refuse the 
extension as a way of getting round the law. However if he did, and it 
meant Brexit happened, anyone who was in any way disadvantaged by Brexit 
could then sue Boris, as his action as Prime Minister would not have 
been lawful.

I'm not sure how that's relevant in this case

>What was it Nixon said? "Well, when the President does it, that means 
that it is not illegal."
Just because Nixon said something, that neither definitely makes it right, nor 
makes it wrong.  

>Nope, thankfully it doesn't work like that.

Neither does it, the other way around.  

                     Jim Bell  

Re: Is Joe Biden guilty of obstruction of justice?

2019-10-09 Thread John Newman


On October 9, 2019 9:26:47 PM UTC, jim bell  wrote:
> 
>
>On Wednesday, October 9, 2019, 01:52:57 PM PDT, Peter Fairbrother
> wrote:  
> 
> On 09/10/2019 21:02, jim bell wrote:
>>> I try to avoid posting "political" issues, or at least initiating
>them, 
>>> but Joe Biden just called for Trump to be impeached because Trump
>called 
>>> on Ukraine and China to investigate him, Joe Biden. >
>>> I wonder why this doesn't qualify as "attempted obstruction of 
>>> justice".  
>
>>Not even if Biden is guilty of something (for which we have 
>>approximately zero evidence) and was trying to hide it.
>
>>Trump was not performing the lawful investigative act of a Government 
>official - whether or not his motive was purely the administration of 
>justice, his act is clearly and specifically illegal under US election 
>law - therefore obstructing that unlawful act cannot be obstruction of
>justice.
>Could you cite which specific part of US election law" that Trump's
>action was "clearly and specifically illegal"?
>And I notice you said "US election law".   We're not having an election
>now, at least not for about 13 months.  How does this magic "US
>election law" guide what somebody says 13 months prior to an election?
>(Note:  I'm not suggesting that "US election law" cannot possibly
>apply, due to this 13-month distance in time.   But Biden is not yet
>even a nominee, and hardly even an official candidate, for office.  Are
>you saying that if Trump had asked a foreign country to investigate
>merely an ordinary citizen for a possible crime, that WOULDN'T be a
>problem under "US election laws", merely because that ordinary citizen
>isn't a candidate in an election?   That simply doesn't make sense.
>Remember, when Hillary Clinton had her law firm Perkin Coie hire
>FusionGPS to hire Christopher Steele to talk to many Russians, Donald
>Trump was DEFINITELY a candidate.  And soon enough, the FBI became
>involved.  So wasn't THAT an act which was "clearly and specifically
>illegal under US election law".   I know, consistency's a bitch, huh?
>C'mon, let's use some logic here.  
>
>>In a few other jurisdictions it might be considered to be perverting
>the 
>course of justice - but it is not obstruction of justice as defined 
>under US law, which is obstructing the lawful judicial actions of 
>prosecutors, investigators or other Government officials.
>
>Is it legal for Trump to ask a foreign nation to do a criminal
>investigation?   I'm not aware that it is specifically illegal.  It
>isn't a crime, I think,   It's not REQUIRED, of course, but that
>doesn't mean that what Biden said was not (attempted) obstruction of
>justice.
>
>
>
>>If you have been following the Brexit implosion, there is a law here 
>which says that (under some circumstances) Boris must ask the EU for an
>
>extension, which Boris has said he will not do, and also that he will. 
>He definitely doesn't want to.
>
>>It has been suggested that he might ask a EU country to refuse the 
>extension as a way of getting round the law. However if he did, and it 
>meant Brexit happened, anyone who was in any way disadvantaged by
>Brexit 
>could then sue Boris, as his action as Prime Minister would not have 
>been lawful.
>
>I'm not sure how that's relevant in this case
>
>>What was it Nixon said? "Well, when the President does it, that means 
>that it is not illegal."
>Just because Nixon said something, that neither definitely makes it
>right, nor makes it wrong.  
>
>>Nope, thankfully it doesn't work like that.
>
>Neither does it, the other way around.  
>
>                     Jim Bell  

So which way does it work? Is it illegal unless the president does it?
Well, obviously, if he can get away with it, then yes! It's all palace intrigue 
amongst self interested elites and the winner makes the "rules".

I don't know why Jim is pretending any of this shit has any "legal"
grounding. It's internecine warfare because the king got a little too
vulgar. You can loot the the little guy all day long, but at least be 
half-ass fucking articulate, and for that matter half ass competent,
when twisting the screws.



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Re: Is Joe Biden guilty of obstruction of justice?

2019-10-09 Thread Peter Fairbrother

On 09/10/2019 22:26, jim bell wrote:



On Wednesday, October 9, 2019, 01:52:57 PM PDT, Peter Fairbrother 
 wrote:



On 09/10/2019 21:02, jim bell wrote:
 >> I try to avoid posting "political" issues, or at least initiating them,
 >> but Joe Biden just called for Trump to be impeached because Trump 
called

 >> on Ukraine and China to investigate him, Joe Biden. >
 >> I wonder why this doesn't qualify as "attempted obstruction of
 >> justice".

 >Not even if Biden is guilty of something (for which we have
 >approximately zero evidence) and was trying to hide it.

 >Trump was not performing the lawful investigative act of a Government
official - whether or not his motive was purely the administration of
justice, his act is clearly and specifically illegal under US election
law - therefore obstructing that unlawful act cannot be obstruction of
justice.

Could you cite which specific part of US election law" that Trump's 
action was "clearly and specifically illegal"?

Nope, no idea. I just read that in the UK papers. It was widely reported.

But if it wasn't illegal, how could Trump be potentially impeached for a 
"high crime"? What crime?


How could Biden complain about Trump's doings unless they were illegal? 
Well of course he could complain, but why would people take any notice?


Only makes sense to me if it really was illegal.



Suppose a cop was following you for months, was parked outside your 
house every day, was all-the-time-asking your family and neighbours 
about you. Could you go to a Judge and get a restraining order?


Whether he was doing it because your and his kids had a fight, because 
you slept with his wife, or because he thinks (without sufficient 
evidence to justify it) that you are a serial killer, the Judge should 
grant it.


That would not be attempted or actual obstruction of justice, even if 
you were a serial killer. Because the cop's actions were illegal.


Peter F


Re: Is Joe Biden guilty of obstruction of justice?

2019-10-09 Thread jim bell
 On Wednesday, October 9, 2019, 04:30:50 PM PDT, Peter Fairbrother 
 wrote:
 
 
 On 09/10/2019 22:26, jim bell wrote:
> 
> 
> On Wednesday, October 9, 2019, 01:52:57 PM PDT, Peter Fairbrother 
>  wrote:

[snip
 >Trump was not performing the lawful investigative act of a Government
> official - whether or not his motive was purely the administration of
> justice, his act is clearly and specifically illegal under US election
> law - therefore obstructing that unlawful act cannot be obstruction of
> justice.


>> Could you cite which specific part of US election law" that Trump's 
>> action was "clearly and specifically illegal"?
>Nope, no idea. I just read that in the UK papers. It was widely reported.

I don't doubt it was "widely reported" !!!   The British press can spew 
nonsense as well as the American press,  And I doubt that the people of the 
British press know American law any better than the average American does:  
"Almost none at all".
Was Trump REQURED to do what he did?   No.Was Trump PROHIBITED to do what he 
did?   I don't think so, either.Instead, I think that this was simply a matter 
which Trump was ALLOWED to do.  Now, if it had been utterly clear that there 
was no justification to investigate Hunter Biden, and Joe Biden as well, for a 
kind of influence-peddling bribery, then I might think that Trump did something 
wrong,   But so far, it sure looks like these Bidens were indeed engaging in 
influence-peddling.  I'm not suggesting that a Biden-supporter cannot, with a 
straight face, defend what Hunter Biden did.  YET.  But I think he was paid 
vastly more money than a person in his position could reasonably expect.  

>But if it wasn't illegal, how could Trump be potentially impeached for a 
"high crime"? What crime?

The impeachment requirements of the US Constitution are remarkably vague.  
"High crimes and misdemeanors".   (remember, while the term "misdemeanor" has 
come to mean a relatively non-serious offense, in 1791 it meant any offense NOT 
punishable by death.  Life in prison for a misdemeanor was a strong 
possibility.)
 I think it's generally understood today that the House, in passing an article 
of impeachment, and the Senate, having a trial and voting on the impeachment, 
can pretty much do anything they please.  I am reminded of an old maxim that 'a 
good prosecutor can indict a ham sandwich', not least at all because as I type 
this, I happen to be eating a ham sandwich.    Not that it's necessarily 
"right", but the only remedy anyone else has is a vote in the next election:   
Even the Supreme Court cannot "undo" an convicted impeachment.  


>How could Biden complain about Trump's doings unless they were illegal? 

I'm not saying that Biden cannot "complain" about them.  Sure he can!   But 
threatening impeachment isn't merely "complaining",   It is an attempt to 
obstruct an action that could result in criminal investigation in an American 
court.   Also, "impeachment" is by no means limited to actions which are 
explicitly "illegal".   

>Well of course he could complain, but why would people take any notice?

I invite Biden to complain, but he structured his "complaints" in a form which 
were clearly intended to deter an investigation of his and his son's arguable 
misdeeds.This article   
https://www.theatlantic.com/ideas/archive/2019/09/hunter-bidens-legal-socially-acceptable-corruption/598804/
     says:  

"What Donald Trump has done—in this case, according to the summary of a single 
phone call, lean on a foreign president to launch two spurious investigations 
in order to hurt political rivals, offering the services of the U.S. Department 
of Justice for the purpose—is shockingly corrupt, a danger to American 
democracy, and worthy of impeachment."

Sorry, but I have to laugh at that assertion.  "Spurious investigations"?  Is 
it OBVIOUS that Hunter Biden didn't do anything even arguably wrong?  I don't 
think so!  Quite obviously, it looks POSSIBLE that Hunter Biden was doing 
something wrong.   Can I state the specific US Statute prohibiting that?  No, 
but that doesn't mean that some investigation cannot uncover evidence showing 
that this payment was illegal,


>Only makes sense to me if it really was illegal.

If the American public had heard that Hunter Biden was being paid $166K PER 
MONTH (that's today's story) when that practice was going on, when Joe Biden 
was VP, I'd say that a large fraction of the American people could have viewed 
that as improper.  It would have had to stop, even if Biden said it hadn't been 
wrong,   The fact that it didn't become public during Biden's time in office is 
why Hunter Biden was not forced to quit his job years ago.


"Suppose a cop was following you for months, was parked outside your 
house every day, was all-the-time-asking your family and neighbours 
about you. Could you go to a Judge and get a restraining order?"

In America, probably yes, unless the cop could show good-cause for his actions, 
   But in th

Re: Is Joe Biden guilty of obstruction of justice?

2019-10-09 Thread Zenaan Harkness
On Thu, Oct 10, 2019 at 12:30:27AM +0100, Peter Fairbrother wrote:
> On 09/10/2019 22:26, jim bell wrote:
> > 
> > 
> > On Wednesday, October 9, 2019, 01:52:57 PM PDT, Peter Fairbrother
> >  wrote:
> > 
> > 
> > On 09/10/2019 21:02, jim bell wrote:
> >  >> I try to avoid posting "political" issues, or at least initiating them,
> >  >> but Joe Biden just called for Trump to be impeached because Trump
> > called
> >  >> on Ukraine and China to investigate him, Joe Biden. >
> >  >> I wonder why this doesn't qualify as "attempted obstruction of
> >  >> justice".
> > 
> >  >Not even if Biden is guilty of something (for which we have
> >  >approximately zero evidence) and was trying to hide it.
> > 
> >  >Trump was not performing the lawful investigative act of a Government
> > official - whether or not his motive was purely the administration of
> > justice, his act is clearly and specifically illegal under US election
> > law - therefore obstructing that unlawful act cannot be obstruction of
> > justice.
> > 
> > Could you cite which specific part of US election law" that Trump's action
> > was "clearly and specifically illegal"?
> Nope, no idea. I just read that in the UK papers. It was widely reported.
> 
> But if it wasn't illegal, how could Trump be potentially impeached for a "high
> crime"? What crime?
> 
> How could Biden complain about Trump's doings unless they were illegal? Well
> of course he could complain, but why would people take any notice?
> 
> Only makes sense to me if it really was illegal.


Oh seriously, you missed the most compelling ground for illegality - is
that CNN said so.

I mean, I read it on the Internet, it simply MUST be true!

Nice to see you shilling for Trump :)




> Suppose a cop was following you for months, was parked outside your house
> every day, was all-the-time-asking your family and neighbours about you. Could
> you go to a Judge and get a restraining order?
> 
> Whether he was doing it because your and his kids had a fight, because you
> slept with his wife, or because he thinks (without sufficient evidence to
> justify it) that you are a serial killer, the Judge should grant it.
> 
> That would not be attempted or actual obstruction of justice, even if you were
> a serial killer. Because the cop's actions were illegal.
> 
> Peter F


Re: Is Joe Biden guilty of obstruction of justice?

2019-10-10 Thread Peter Fairbrother

On 10/10/2019 03:10, Zenaan Harkness wrote:


I mean, I read it on the Internet, it simply MUST be true!

Nice to see you shilling for Trump :)


I thought, if anything, I was shilling for Biden...




Re: Is Joe Biden guilty of obstruction of justice?

2019-10-10 Thread Peter Fairbrother

On 10/10/2019 01:28, jim bell wrote:
On Wednesday, October 9, 2019, 04:30:50 PM PDT, Peter Fairbrother 



Was Trump REQURED to do what he did?   No.
Was Trump PROHIBITED to do what he did?   I don't think so, either.


I think he was prohibited.

Whether he had good or bad motives, whether there is a specific law 
against it or not, it's like Nixon sending the watergate burglars, 
especially if the investigation is linked to aid or treaties or whatever 
- improper use of office.


Instead, I think that this was simply a matter which Trump was ALLOWED 
to do.  Now, if it had been utterly clear that there was no 
justification to investigate Hunter Biden, and Joe Biden as well, for a 
kind of influence-peddling bribery, then I might think that Trump did 
something wrong,   But so far, it sure looks like these Bidens were 
indeed engaging in influence-peddling.


Suppose they were. Suppose they weren't. Suppose the investigation is 
proper. Suppose it is improper.


You are trying to say the Bidens maybe did something wrong. But I don't 
care if they did. It doesn't matter.


What matters is what Trump did.


BTW, Biden's complaining (did Biden actually complain? I thought it was 
a CIA whistleblower..) probably didn't actually stop any investigation 
of him, likely the reverse.


But again, I do not care what Biden did or did not do.


 Also, "impeachment" is by no means

limited to actions which are explicitly "illegal".


High Crimes and Misdemeanours? Sounds illegal as hell to me.

Peter F




Re: Is Joe Biden guilty of obstruction of justice?

2019-10-11 Thread Zenaan Harkness
On Thu, Oct 10, 2019 at 11:47:34AM +0100, Peter Fairbrother wrote:
> On 10/10/2019 03:10, Zenaan Harkness wrote:
> 
> > I mean, I read it on the Internet, it simply MUST be true!
> > 
> > Nice to see you shilling for Trump :)
> 
> I thought, if anything, I was shilling for Biden...


Dood, you should shill for McCain instead - he no longer in our realm
o' the livin', so it's much harder for him to defend himself now he's
gone :) :

  Demonstrating the sanity of US international diplomacy:

  Former US-Backed Rebel Leader Now Spearheading Attack On US-Backed
  Syrian Kurds
  
https://www.zerohedge.com/geopolitical/former-us-backed-rebel-leader-now-leading-invasion-against-us-backed-syrian-kurds