Earlier quoted context omitted.
Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime.
> Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime. A sentence of 30 years in prison for obstructing an investigation is excessive, especially when compared to the "base offense level" of Involuntary Manslaughter (section 2A1.4 found here[0]) being between 12 and 22, roughly translating to between 10 and 51 months in prison[…
30-year sentence for transporting zines is a five-alarm fire for free speech
181–190 of 577 posts
Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#182Earlier quoted context omitted.
> The 30 year sentence was for hiding documentation [...] it wasn't just "transporting Zines" As far as I can tell, the moving of zines (he was pulled over and had a box in his car) is what's being presented as "hiding documentation" - not something beyond that. > being sought under a federal warrant Timeline seems to be that a warrant was obtained after pulling him over ("Sanchez-Estrada was then arrested on state t…
Chilling effect on demonstrations. If you attend one were someone starts shooting you become an accomplice. And ofcourse this also leaves the door open for a "false flag" incident.
Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#183Up until now these crazy cases have been rejected by the courts. But this feels like a crack in the dam. A judge actually sentenced someone to 30 years for hiding zines, zines that had been published for years. This was under the pretense hiding those zines was hiding evidence of criminality. And the criminality was worth 75 years. For someone who was at a protest where a federal agent was shot, but was not the shoot…
I think all of this hinges on whether or not you think it was a protest. If they had been peacefully sitting outside the facility holding signs, I think you'd have a case that the sentencing is insane. But if they were actively planning a break-in & preparing to use deadly force, that's quite another matter. I haven't spent a lot of timing reading about it, but what I have read suggests it was much closer to the latt…
Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#184Earlier quoted context omitted.
Yeah, but I think the question is whether his actions did in fact obstruct justice. Both are relevant.
I don't know that i agree. If you intend to commit a crime but due to circumstances beyond your knowladge your actions did not amount to the crime even though you intended them to, i think that is still a crime.
Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#185Earlier quoted context omitted.
Let's say someone is driving 35MPH. They think "oh snap, I think the speed limit is 30MPH here!". The posted speed limit is actually 40MPH. Was this person speeding or not? Should a cop ticket them for thinking they're doing something wrong, even if everything they were doing was legal? Did they even think the zines were implicated as evidence? Were the zines implicated as evidence? What crimes were being committed b…
It's not illegal "because you think its illegal", it's illegal because "you had a court order to provide things that are relevant and you instead hid things you thought were relevant". If I hide someone who I think did a crime to help them escape police, I've now implicated myself in the crime, whether or not my trying to hide them actually caused them to get away with it.
And yet when Trump does it with classified documents its not a problem. Where's his 30 years?
Did he even have a warrant issued to him related to these documents?
Are these zines even relevant evidence? Is everyone who has these magazines also now a criminal? What about other radical anti-government political pamphlets like Common Sense?
> If I hide someone who I think did a crime to help them escape police
Seems like quite a different thing than moving some political pamphlets. If they were shredding financial documents while being charged with financial crimes I'd agree. If they were hiding guns with a gun trafficking charge, I'd understand. Flushing drugs down the drain, sure. Moving political zines though? Really? What's the relevance again for the ownership of political pamphlets to committing crimes?
Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#186Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#187Earlier quoted context omitted.
> The 30 year sentence was for hiding documentation [...] it wasn't just "transporting Zines" As far as I can tell, the moving of zines (he was pulled over and had a box in his car) is what's being presented as "hiding documentation" - not something beyond that. > being sought under a federal warrant Timeline seems to be that a warrant was obtained after pulling him over ("Sanchez-Estrada was then arrested on state t…
Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime.
...maybe to the so-called Department of Justice, but not in any moral sense.
Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#188Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#189Earlier quoted context omitted.
'they' is doing a lot of work. This guy wasn't even there.
You don't have to be present for the act to be part of the conspiracy...
Re: 30-year sentence for transporting zines is a five-alarm fire for free speech
#190Earlier quoted context omitted.
> Being aware that he was moving the zines to obstruct a federal felony investigation is surely relevant. Intent is an important aspect of crime. A sentence of 30 years in prison for obstructing an investigation is excessive, especially when compared to the "base offense level" of Involuntary Manslaughter (section 2A1.4 found here[0]) being between 12 and 22, roughly translating to between 10 and 51 months in prison[…
I don't disagree, but our justice system is absolutely rife with unequal sentences. That doesn't make it right, but it doesn't mean we should go crazy over an individual instance of it when the whole system should somehow be overhauled.
Lucky you. You have a "justice" system. We all got legal system or some sort of kangaroo systems in our corner of the world.