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Ghostwriter 12-09-2010 11:12 AM

Quote:

Originally Posted by MysticCat (Post 2010144)
You did fine speaking for me. :D

GW, where is that quote from? Unless it's from a court opinion, then there may be an additional issue of someone characterizing a court's opinion in a way that doesn't really reflect the holding of the court. Regardless, I wouldn't/couldn't really comment on it without knowing the source.

http://caselaw.lp.findlaw.com/data/c.../24.html#f1300

I guess my point would be that there may be, and evidently are, areas of disagreement between attorneys, judges, etc on what reaches the level of treason. Hence so many split decisions by the courts in the past.

I understand, as well, that treason is extremely hard to prove as it was designed by our framers to be so. They didn't want us to become like England under the monarchies with treason being a relatively easy thing to accuse and convict one of.

I believe in this case reasonable people can disagree on whether this reaches the level of treason. In my opinion it does but others, as evidenced in previous posts, do not. As I said before, I don't believe treason will ever be charged to Manning for a variety of reasons. The level of difficulty in trying this type case being one, as well as a weak DOJ and the lack of political will.

MysticCat 12-09-2010 11:29 AM

Quote:

Originally Posted by Ghostwriter (Post 2010163)
http://caselaw.lp.findlaw.com/data/c.../24.html#f1300

I guess my point would be that there may be, and evidently are, areas of disagreement between attorneys, judges, etc on what reaches the level of treason. Hence so many split decisions by the courts in the past.

Thanks for the link. That's an annotation, so one would hope it accurately reflects what the cases say, though only a lazy attorney would rely on them. Many is the time I've read an opposing attorney's brief and thought "You just relied on annotations, didn't you? Because if you'd actually read the case, you would've known that the court didn't quite say what you thought it said."

Not saying these annotations are wrong. Just saying I'd want to actually read the cases themselves.

Quote:

I understand, as well, that treason is extremely hard to prove as it was designed by our framers to be so. They didn't want us to become like England under the monarchies with treason being a relatively easy thing to accuse and convict one of.
Exactly, but they didn't just want it to be hard to prove. They wanted it to be limited, so that more than disagreement with the government would be required for treason.

I still think the major hurdle here would be tying Manning to the US's enemies.


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