colfax_m
Diamond Member
- Nov 18, 2019
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Because there wasnāt so much more to prove it. Did you read my last paragraph? There was a rational exculpatory explanation. She used the server because it was convenient. That rational explanation doesnāt exist for Trump. It is not rational for him to be concerned about rooting out corruption as the chief executive but fail to involve the DoJ that works for him in that capacity.great. then if intent can be proven, why was it not done so for hillary with so much more to PROVE it?Intent can be proven with circumstantial evidence. Iāve provided you two sources that make that claim. Are you going to now ask for a third?then let me be clear -acting? to you trust me, i'm not acting.You're just acting like an asshole, to be honest. I expect you to disregard this post anyway. You want a source, so I provided it. You ignored it until I called you out for ignoring it. Now you're demanding two sources. See the goalposts moving? I do.
It doesn't matter what I do. You're going to act like an entitled asshole anyway.
Amusement Indus., Inc. v. Stern, 07 Civ. 11586 (LAK) (GWG) | Casetext
In New York, to establish "the requisite showing of intent to deceive," a party must establish a defendant's "'guilty knowledge or willful ignorance.'" Schwartz v. Newsweek, Inc., 653 F. Supp. 384, 390 (S.D.N.Y. 1986) (quoting Manufacturers & Traders Trust Co. v. Sapovitch, 296 N.Y. 226, 229 (1947)), aff'd 827 F.2d 879 (2d Cir. 1987), abrogation on other grounds recognized by Reichelt v. Emhart Corp., 921 F.2d 425 (2d Cir. 1990). "[M]ere carelessness" is not sufficient. Id. Nevertheless, because fraudulent intent "is rarely susceptible to direct proof," it may ordinarily be "established by circumstantial evidence and the legitimate inferencearising therefrom."
now - i find it funny you can look this up, but you can't look up any cases where someone was convicted because of circumstantial evidence.
they may well be there. not looked. but i never made the claim because it seems idiotic to me that ANYONE would think someone saying "yea, i think this is what they meant" is proof enough of someones guilt. i'd NEVER think it proper to convict you or anyone else with something so stupid. doing so simply means that person never had a chance in hell and was railroaded by any means necessary.
and that is what i feel is happening here. would you allow your family to be convicted under the same circumstances? would YOU want to be put in jail for heresay / circumstantial evidence?
i know i would NOT. so i don't view this as a valid path simply because i may not like someone. my emotional attach or detachment is not relevant nor reason to convict someone of a "crime".
i'm after using the same standards on trump you'd use on obama, the clintons, my brother - or at least the ones we *should* be using.
now in your quote itself - you must establish guilty knowledge or willful ignorance.
was that done? does "circumstantial" evidence and someones oral testimony who wasn't even there honestly make this viable?
i agree that intent is hard to prove. could that also be WHY the left used it? hard to prove / hard to disprove? seems they have a track record for doing that. kavanaugh comes to mind.
the left has a horrible habit of doing this. it makes their base happy but it's not right. i'd not want these tactics used on me so i won't use them on others regardless of how i feel about them.
I have my doubts as to whether this is truly your opinion or if this opinion was developed de novo in defense of Trump.
For instance, people are saying Biden fired Shokin because he wanted to help his son. By your standard, unless we find documented evidence that Biden stated he intended to help his son by firing Shokin, then he's off the hook. I think that's ridiculous. Criminals engaging in criminal activity don't declare their criminal intent. If we demanded that of everyone, then the justice system would be a joke and a lot of criminals would go free when it's obvious to any objective observer they were guilty.
Same too for Clinton. People claim she used the private email server to avoid oversight. No one can show that she intended to use it for that purposes. Your standard demands that we see something documented that she did so.
It's an absurd standard which is why anyone would logically reject it.
i don't give a shit about trump. he got elected, he's president. same as obama and every president before him. some i liked, some i didn't, some i just didn't care about either way.
it's the way these things USUALLY work. i simply don't want how we judge innocent or guilty to be morphed by whether or not we like you or not. so far you seem cool with that. i'm betting you'd not be if they were coming after you in such a manner.
as for comparing clintons e-mail to trumps "crimes" - if trump deleted a shitload of evidence, bleach bit a hard drive, smashed his phones and was caught with his IT group in forums asking how to hide evidence, id want his ass fried.
period. end of story.
now if you believe intent *can* be proven by circumstantial evidence, i need to see you go after hillary because there's a shit load of it there. right? still wanna go there?
I donāt find you to be very objective so I wonāt test your opinion of yourself. Perhaps youāre driven by animus towards Democrats. You certainly wouldnāt be the first.
My point stands that your need for ādirectā or ādocumentedā evidence to prove an intent is a bit absurd and could rarely be reached. Adhering to your standard seems like to would be havoc in a court or law.
As for your allegations against Clinton, people wanted Comey to pursue charges based on circumstantial evidence. It seems you perhaps would agree with them, but Iād want to hear it from you to be sure.
Clinton didnāt delete emails under subpoena. Her technician did. Smashing phones isnāt illegal. Wiping hard drives isnāt illegal. Thatās what you do with devices that are end of life. Iāve drilled holes in laptop hard drives that I was recycling to avoid them from getting any of my information.
You need to demonstrate first that Clinton had any part in those actions and that she intended to evade oversight by doing so.
So we could go with your standard that demands we find documentary evidence that Clinton said ādestroy the devices so that Congress canāt subpoena themā.
Or we could go by rational standard and use circumstantial evidence. There was indeed circumstantial evidence Clinton attempted to evade oversight. However, circumstantial evidence requires that if there is a rational explanation that does not demonstrate guilt, you have to go with that. The rational explanation for Clintonās use of a private server is that it was more convenient. Therefore you have to assume this is the correct explanation.
until you're interested in equal application of these standards, best you're going to get from me is sarcasm.