What burden of proof (if any) does the judge need to issue sanctions?
Let's say that at the hearing Prenda says "we searched high and low for Lutz, but it's like he disappeared off the face of the Earth". Would the judge need to have some evidence that they're lying, or would "c'mon, that's ridiculous" (translated into legalese) be sufficient for the judge to issue sanctions? Further, lets say that they brought in documentation of their efforts to find Lutz (signed affidavits from neighbors saying they haven't seen him for weeks, a signed affidavit from his landlord that he suddenly stopped paying his rent, etc). Would the judge have to take that at face value and refrain from issuing sanctions on that particular issue?
Apparently, the day got off to a rocky start, after Ibrahim's lawyers informed the DOJ that they intended to file bar complaints against some of the DOJ legal team for their actions in court, specifically concerning "misrepresentations" made to the court.
To play devil's advocate, maybe the DOJ lied to its own lawyers, and the lawyers didn't know what had been done about the witness.
Perhaps you meant "hearsay"? Or "libelous material"? Since nothing in the article was covered by an oath to tell the truth, with the oath taking place in a formal proceedings, I don't see how "perjury" could apply.
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It looks as if the FBI is way too willing to extend itself permissions that haven't been specifically granted. Maybe the investigating agents felt Kelley meant to give the agency carte blanche access to her and her husband's email accounts, but was unable to articulate her desire to have her privacy violated thanks to the stress she was under.
The reason is simple: she forgot to say "Simon says".
Then the officer "observed" that Eckert was standing "erect with his legs together" and his "buttocks clenched." This was all the justification the Deming police needed
I'm not saying that this justifies what they did, but it seems that wasn't the entirety of their justification. It seems the police who did the stop were told by other cops that Eckert was known to insert drugs into his rectal cavity. The thing is, those other cops were from Hidalgo County, a different different county than where the stop happened, so how did they get involved? The only thing I can think of is that the Hidalgo County cops told the Deming City cops "hey, if you ever stop a guy named Eckert, search his rectum for drugs".
- Thuen worked on Sophia and had access to the code. - Visdom's name is remarkably similar to Sophia. (The short version: Sophia is the goddess of wisdom. Wisdom/VISDOM.) - There's no way Thuen could have come up with his own program in such a short period of time without copying substantial amounts of Sophia's code.
Re: Re: Re: Re: Talk about shooting your argument in the foot...
Some nasty pirate fabricated the spreadsheet, hacked into their computers, and planted it there. Then Gibbs hacked into their computers and stole it. See, no contradictions!
Notwithstanding that she was speaking in support of reauthorization of Title VII of the Foreign Intelligence Surveillance Act, Senator Feinstein did not state, and she did not mean to state, that FAA surveillance was used in any or all of the nine cases she enumerated,
Gee, it's like that thing called "context" doesn't exist...
Separately, in the filing, Gibbs notes that Hansmeier called him after Wright's original ruling, trying to get him to sign a document that would require him to lie, and also to indemnify both Hansmeier and Steele, in order to be included under the bond that Duffy, Hansmeier and Steele were organizing as required by Judge Wright's order. Basically, Hansmeier offered Gibbs a terrible deal: to get in on the bond that we're getting, you have to lie to the court and then basically accept any and all liability that may come down because of all this
If this is true: why do it as a written contract? IANAL, but I'm pretty sure that a contract requiring you to commit perjury is unenforceable, plus it could end up being used as evidence.
All this "Zero Tolerance" bullshit is doing is making kids scared of all the wrong stuff. Why are they afraid of a cartoon drawing of a bomb?
I doubt any of them were scared. It seems a lot more likely that they were a bunch of little assholes who got a kick out of getting another kid in trouble.
On the post: NZ Customs Refuses To Answer Questions After Revelations Of Illegal Orders To Give FBI Info On Kim Dotcom For 'Brownie Points'
Re: Re: Mike grasping at legalisms again. Dotcom got milliions...
On the post: Yet Another Court Not Happy With A Prenda Lawyer
What burden of proof (if any) does the judge need to issue sanctions?
On the post: Witness In No Fly List Trial, Who Was Blocked From Flying To The Trial, Shows That DOJ Flat Out Lied In Court
On the post: WIPO Boss Accused Of Surreptitiously Collecting DNA Samples From WIPO Employees
Re: THE TRUTH
On the post: 'Attribution Troll' Issues DMCA Notice To Remove Critical Posts From Techdirt, Boing Boing And Popehat
Re: Re: Re:
On the post: LG Smart TV Caught Collecting Data On Files Stored On Connected USB Drives
Re: Re: SO? Like Google, you "agree" whether want to or not!
On the post: 'Attribution Troll' Issues DMCA Notice To Remove Critical Posts From Techdirt, Boing Boing And Popehat
Re:
On the post: Online Retailer Says If You Give It A Negative Review It Can Fine You $3,500
On the post: DOJ Refuses To Let Tech Companies See Legal Arguments It's Making Against Them
On the post: FBI Uses Invitation To Investigate One Email As An Excuse To Dig Through Multiple Email Accounts
On the post: Cops Subject Man To Rectal Searches, Enemas And A Colonoscopy In Futile Effort To Find Drugs They Swear He Was Hiding
On the post: Professor Fires Off Lengthy Email In Defense Of Student Forbidden From Handing Out Copies Of The Constitution
"Why was I prohibited from handing out fliers about XYZ?"
"We can't discuss that with anyone due to litigation."
"I want to challenge my suspension/expulsion for saying XYZ in a classroom."
"We can't discuss that with anyone due to litigation."
On the post: No, People Who Choose To Write On The Internet For Free Are Not 'Slaves'
On the post: Gov't Contractor Uses Copyright, Fear Of Hackers To Get Restraining Order Against Open Source Developer
Deja vu...
On the post: Paul Hansmeier Tries To Explain Away Brett Gibbs Revealing Prenda Spreadsheets
Re: Re: Re: Re: Talk about shooting your argument in the foot...
On the post: Dianne Feinstein's Bragging About NSA Surveillance Program May Finally Result In It Being Declared Unconstitutional
On the post: Oops: Brett Gibbs Releases Spreadsheet Showing 70% Of Prenda Proceeds Went To Steele & Hansmeier
Re: Movie plot
On the post: Oops: Brett Gibbs Releases Spreadsheet Showing 70% Of Prenda Proceeds Went To Steele & Hansmeier
Re: Re:
On the post: Oops: Brett Gibbs Releases Spreadsheet Showing 70% Of Prenda Proceeds Went To Steele & Hansmeier
On the post: School Suspends Student Indefinitely For A Drawing Of A Cartoon Bomb He Made At Home
Re: The real problem
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