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The Draft Was "Authentic" - Justice Roberts

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Can you imagine standing opposite this guy at trial and in his best Andy Griffith he says "Now I'm just a simple country lawyer." You'd be fooked
 
Lol @ scotus is “rigged”. That’s a busted tired talking point. There was nothing illegal or, arguably even immoral about the way it’s current makeup was formed.

There are people who think the 2020 election was stolen. Bidens popularity is even worse than the scotus. Using your logic, we might consider Biden illegitimate.
Lol. One has nothing to do with the other.
 
I don't much care if Roe is overturned or sustained. But this leak is unacceptable and much more of an attack on democracy than the January 6 riots.

My initial over-reaction is that this person is another Julius and Ethyl Rosenberg and/or Assange/Snowden, overruling a whole society/population and taking the wrong things into their own wrong hands.

I hope they go to jail.
Of course you don’t care if it’s overturned. Many men don’t. Women on the other hand….
 
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You keep saying it, but yet there is no Constitutional provision, no statute and no case that says that. So…
The Constitution allows both houses of Congress to create their own rules for confirmation proceedings. I don't think the vision, though, was to allow them to just make up those rules as they go along and change them on the political whims of a chamber leader.
 
The draft opinion is government property. It was taken and given to a news publication. Theft.
What is the "property?" The physical paper? The information? What if it was photocopied? Emailed? If the "information" is the property, what is the value of that? $0.01? $1,000,000?

Do you have a statute you can refer us to?

I mean, I'm just an uneducated ole' Hoosier, born and reared in the cornfields of Indiana, but in my law learnin', we were told in this great country that all laws had to be written down and that you couldn't just be sent to jail 'cause someone says you done wrong. Nope, you had the right, the God Given right some would say, to see what that law was that you broke, to read it, right there on the page to see what you could and couldn't do. As my granddad always said, a man has a right to see what he done that was wrong if the gummint gonna lock him up in the slammer. At least that's how I was raised.
 
Theft
Obstruction of Justice

IMHO, it's only theft if it was taken by the leaker as opposed to given to the leaker. "Wrongfully takes" is a statutory requirement.

As I recall there are different federal obstruction charges, but I don't see how any of them would have elements that would fit.

According to Wired, there's possibly some obscure federal law that could apply. LINK.
 
That appears unknown. But I am sure they had to sign some confidentiality agreements. At a minimum they can lose their job (assuming it isn't a Justice).


they must have signed CAs and should not only lose their job but be chastised and civilly prosecuted.

if it were a justice, what would be the potential options for the court? That would be an even more concerning revelation
 
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The draft opinion is government property. It was taken and given to a news publication. Theft.
If this leak is used as a come to jesus moment for all of this crap that goes on in DC, then so be it. Find this person, hell find someone who may be only 14th cousins of this leaker, give them 30 years and set an example.
 
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Theft
Obstruction of Justice

IMHO, it's only theft if it was taken by the leaker as opposed to given to the leaker. "Wrongfully takes" is a statutory requirement.

As I recall there are different federal obstruction charges, but I don't see how any of them would have elements that would fit.

According to Wired, there's possibly some obscure federal law that could apply. LINK.
The first link is to the Code of Military Justice so probably doesn't apply here.

The second, obstruction of justice link, doesn't seem to apply to this situation:

  1. § 1501. Assault on process server
  2. § 1502. Resistance to extradition agent
  3. § 1503. Influencing or injuring officer or juror generally
  4. § 1504. Influencing juror by writing
  5. § 1505. Obstruction of proceedings before departments, agencies, and committees
  6. § 1506. Theft or alteration of record or process; false bail
  7. § 1507. Picketing or parading
  8. § 1508. Recording, listening to, or observing proceedings of grand or petit juries while deliberating or voting
  9. § 1509. Obstruction of court orders
  10. § 1510. Obstruction of criminal investigations
  11. § 1511. Obstruction of State or local law enforcement
  12. § 1512. Tampering with a witness, victim, or an informant
  13. § 1513. Retaliating against a witness, victim, or an informant
  14. § 1514. Civil action to restrain harassment of a victim or witness
  15. § 1514A. Civil action to protect against retaliation in fraud cases
  16. § 1515. Definitions for certain provisions; general provision
  17. § 1516. Obstruction of Federal audit
  18. § 1517. Obstructing examination of financial institution
  19. § 1518. Obstruction of criminal investigations of health care offenses
  20. § 1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
  21. § 1520. Destruction of corporate audit records
  22. § 1521. Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title
 
If your boss sends you an "internal only" memo and you leak it, have you committed a crime? You had legal access to the memo.

I deal frequently with people who have disclaimers on their email that 5heir email is confidential and not for anyone but the recipient. I heard a lawyer at a security conference say 5hat disclaimer had no legal force whatsoever.

This is slightly different from 5he email, but I really do not know if me leaking an "internal" memo is illegal.

All that said, it is a cause for firing and a civil suit.
 
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I don't much care if Roe is overturned or sustained. But this leak is unacceptable and much more of an attack on democracy than the January 6 riots.

My initial over-reaction is that this person is another Julius and Ethyl Rosenberg and/or Assange/Snowden, overruling a whole society/population and taking the wrong things into their own wrong hands.

I hope they go to jail.
The Rosenbergs? January 6? Utterly ridiculous.

Whoever did this should and will lose their job. That's it.

There's no criminal statute that prohibits leaking draft judicial opinions (lol), and government leaks (absent national security implications) are rarely prosecuted.
 
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Wow this is one steaming pile of hot take garbage if I've ever seen it.

The leak is certainly unethical. Whomever did it should be fired. Disbarred. Held accountable. However, Not enough details to even remotely surmise any legal ramifications. What if Alito himself leaked it? Which is a very good possibility. What then? You want him jailed?
Why would that be a "very good possibility?" I think that's hardly a possibility at all. I can't think of any logical reasons he'd do it. I don't think any of the justices did it, but if one did it, it's much more logical that one of the potential dissenters did it than Alito. It's most likely a clerk of one of those justices in my opinion.
 
Of course you don’t care if it’s overturned. Many men don’t. Women on the other hand….
Probably about 43 percent of women would like to see it overturned.

 
If your boss sends you an "internal only" memo and you leak it, have you committed a crime? You had legal access to the memo.

I deal frequently with people who have disclaimers on their email that 5heir email is confidential and not for anyone but the recipient. I heard a lawyer at a security conference say 5hat disclaimer had no legal force whatsoever.

This is slightly different from 5he email, but I really do not know if me leaking an "internal" memo is illegal.

All that said, it is a cause for firing and a civil suit.
Your keymapping is borken.
 
Probably about 43 percent of women would like to see it overturned.


Only 471 women were even surveyed so not sure how accurate that info is.

But based on the info, younger people were more pro-choice compared to older. They didn't break that up by gender but that likely means women of child bearing age were more likely pro choice than pro life.

Also, the more educated the person, the more likely they were to be pro choice.

Still, sample size is a bit small but that was the trends
 
While certainly unbecoming of the SCOTUS, is leaking a draft opinion remotely a crime?

I think it was Laura Ingraham last night talking about how the FBI should seize phones of law clerks to figure out who it was. Now I'm just a simple country lawyer, but the irony of a blatantly illegal search & seizure to investigate a non-crime is palpable.
Criminal prosecution for the leaker should be off the table.
 
Only 471 women were even surveyed so not sure how accurate that info is.

But based on the info, younger people were more pro-choice compared to older. They didn't break that up by gender but that likely means women of child bearing age were more likely pro choice than pro life.

Also, the more educated the person, the more likely they were to be pro choice.

Still, sample size is a bit small but that was the trends
It's very much the same results I've seen in many different surveys. Pro-choice people routinely overestimate their supporters. Elitists would latch on to the more education aspect, of course. ;)
 
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It's very much the same results I've seen in many different surveys. Pro-choice people routinely overestimate their supporters. Elitists would latch on to the more education aspect, of course. ;)
Seven-in-ten say they do not want the Supreme Court to completely overturn its Roe v. Wade decision, compared with 28% who want to see the decision completely overturned.

Similar majorities of women (70%) and men (69%) do not want Roe v. Wade overturned.

Among all adults, those with higher levels of educational attainment are more supportive of legal abortion than those with less education. While 72% of those with postgraduate degrees say abortion should be legal in all or most cases, a smaller majority of those who have not completed college (57%) say the same.

Pew 2019
 
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