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Snarky Sack
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Re: Hard to Sympathize with Kavanaugh
Reply #100 - Oct 9th, 2018 at 10:57am
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Jeff wrote on Oct 8th, 2018 at 7:07pm:
Right, sworn testimony isn't evidence and there isn't any evidence.

BTW, impeachment is the equivalent of being indicted by a grand jury. No one is convicted by impeachment, the conviction must come by a trial in the Senate...

How do you have a trial with no evidence? You can't.


Actuallly, sworn testimony is evidence.  It is often the only evidence in a trial.  Even when there is physical evidence, it must be presented by sworn testimony about its bearing on the case unless both sides stipulate it.


  

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Re: Hard to Sympathize with Kavanaugh
Reply #101 - Oct 9th, 2018 at 1:45pm
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Snarky Sack wrote on Oct 9th, 2018 at 10:57am:
Actuallly, sworn testimony is evidence.  It is often the only evidence in a trial.  Even when there is physical evidence, it must be presented by sworn testimony about its bearing on the case unless both sides stipulate it.


You are correct that sworn testimony is considered evidence, but testimony alone cannot prove that something happened unless there is some physical evidence.

I say you stole my chainsaw, you say you didn't.

Nobody knows where my alleged chainsaw is, and I can't even prove I ever owned one.

Do you think my allegation is probable cause to put you on trial?
  
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Re: Hard to Sympathize with Kavanaugh
Reply #102 - Oct 9th, 2018 at 2:57pm
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Jeff wrote on Oct 9th, 2018 at 1:45pm:
You are correct that sworn testimony is considered evidence, but testimony alone cannot prove that something happened unless there is some physical evidence.

I say you stole my chainsaw, you say you didn't.

Nobody knows where my alleged chainsaw is, and I can't even prove I ever owned one.

Do you think my allegation is probable cause to put you on trial?


No, but if you have two or more credible witnesses that I stole your chainsaw and you say you've had it for years and don't have paperwork on it, I think a good prosecutor could get an indictment from a pliable grand jury since the system allows only the prosecutor's evidence to be presented to them.

What should not be allowed is what happened to Bill Cosby, in your case if you accused me with no credibility of stealing your chainsaw decades ago and it got in the news and people started lawyering up and making similar accusations with an eye toward suing me (I'm rich in this hypothetical), and then the jury said, "gosh with so many accusations at least some of them must be true.   Best to send Sack to prison for life or non of our small power tools will be safe."


  

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Re: Hard to Sympathize with Kavanaugh
Reply #103 - Oct 9th, 2018 at 5:00pm
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Snarky Sack wrote on Oct 9th, 2018 at 2:57pm:
No, but if you have two or more credible witnesses...
Do you think two is enough if issues of politics and religion are involved?

If I can produce two credible witnesses (to the grand jury from the community) that say they saw you sucking Satan's asshole at a sabbat where babies were sacrificed and eaten, would you agree that that was enough for indictment and trial? Especially if there were cats involved as familiars?
  
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Re: Hard to Sympathize with Kavanaugh
Reply #104 - Oct 9th, 2018 at 5:01pm
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Snarky Sack wrote on Oct 9th, 2018 at 2:57pm:
What should not be allowed is what happened to Bill Cosby...
What about Martha Stuart or Randy Weaver?
  
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Re: Hard to Sympathize with Kavanaugh
Reply #105 - Oct 10th, 2018 at 9:28am
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Jeff wrote on Oct 9th, 2018 at 5:00pm:
Do you think two is enough if issues of politics and religion are involved?


To meet my standard of proof?  Not at all.  For an ambitious prosecutor to get an indictment from a grand jury? Absolutely. 

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If I can produce two credible witnesses (to the grand jury from the community) that say they saw you sucking Satan's asshole at a sabbat where babies were sacrificed and eaten, would you agree that that was enough for indictment and trial? Especially if there were cats involved as familiars?


You ask that as if it's an impossibility.  Are you honestly not aware that this actually happened in America?  And that it was enough for multiple indictments, trials and hangings?

Google "Salem witch," and read a little.
  

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Re: Hard to Sympathize with Kavanaugh
Reply #106 - Oct 10th, 2018 at 9:31am
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Jeff wrote on Oct 9th, 2018 at 5:01pm:
What about Martha Stuart or Randy Weaver?


Two other great examples of what happens once we decide government can "morally steal" from us.
  

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Re: Hard to Sympathize with Kavanaugh
Reply #107 - Oct 10th, 2018 at 12:39pm
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Snarky Sack wrote on Oct 10th, 2018 at 9:28am:
To meet my standard of proof?  Not at all.  For an ambitious prosecutor to get an indictment from a grand jury? Absolutely. 

Would a halfway competent prosecutor take the case to trial with no physical evidence and a he said she said situation? No.

"We" didn't decide that Martha Stuart should be tried, nor did "we" manufacture charges against her.

There is a problem in our current system of justice, but what it is is "progressive" control of the DOJ, too many "progressive" judges and a decided prejudice against free enterprise.

It has nothing to do with taxation.
  
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Re: Hard to Sympathize with Kavanaugh
Reply #108 - Oct 10th, 2018 at 12:42pm
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Snarky Sack wrote on Oct 10th, 2018 at 9:28am:
You ask that as if it's an impossibility.  Are you honestly not aware that this actually happened in America?  And that it was enough for multiple indictments, trials and hangings?

Google "Salem witch," and read a little.

Yes, the Salem Witch trials happened in a British colony, not in the U.S. and they took place in a town where there was effectively a State Religion.
  
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Re: Hard to Sympathize with Kavanaugh
Reply #109 - Oct 10th, 2018 at 12:46pm
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Jeff wrote on Oct 10th, 2018 at 12:42pm:
Yes, the Salem Witch trials happened in a British colony, not in the U.S. and they took place in a town where there was effectively a State Religion.


It happened under your beloved “common law” you keep citing.
  

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