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David Kernell is facing five years in prison for allegedly hacking into Alaska Governor Sarah Palin's Yahoo e-mail account, but lawyers watching the case say that the felony charge against him is a bit of a stretch.
That's because under the 1986 Computer Fraud and Abuse Act the crime that Kernell is accused of -- illegally accessing a protected computer -- is considered a misdemeanor offense, unless it was committed in order to pull off another crime. Then it becomes a felony.
The problem with the case, lawyers say, is that the U.S. Department of Justice indictment handed down Tuesday uses circuitous logic. It essentially accuses Kernell, the son of Mike Kernell, a Democratic state representative from Memphis, of illegally accessing Palin's e-mail, in order to... illegally access e-mail.
"It's a very convoluted way to try to deal with this issue," said Mark Rasch, managing director of FTI consulting, and a former DOJ attorney. He added that if the DOJ's argument is accepted by the court, it would invalidate the law's provision for charging this crime as a misdemeanor.
The felony charge greatly increases Kernell's prospective jail time.
* He now faces a maximum of five years in prison.
* Under a misdemeanor, the maximum sentence is just one year.
And didn't some govt employee get into Hillary's and Obama's passport/travel records?
You told me once I only see one side. I think I have given credit where I think it is due. Have you shown any positive comment to the Democrats?
((Biden's not popular enough to merit his own thread)), and there are literally post after post after post by our two most devoted Obama fans, that have total untruths, exaggerations, and insults about Palin and McCain.
I don't think Obama or Biden are evil, but I do think they are profoundly wrong on almost every issue. McCain is about half wrong, and Sarah is about 98% right.
Why do you think Biden's not popular? Sure there has not been alot of coverage but his record is reasonable strong.
Does that go for McCain too? He was the thorn in the side of the Republicans for 8 years. George Bush's arch enemy within the Republican party. Google McCain/Feingold (campaign finance reform), McCain/Lieberman (when Lieberman was still a member in good standing with the Democrats) and McCain/Kennedy. These were all basically initiatives that McCain went to the other side of the aisle and got legislation through that most Republicans did not agree with. McCain was the Republican that the Democrats loved. They even tried to woo him to run as Kerrey's VP in 2004. He was the media darling - because he was always running to the center to try to get something done - and poke GWB in the eye at every opportunity.Can we not acknowledge peoples past achievements in a reasonable manner.
As far as media, the USA is huge and with many media outlets you do have some left orientated and right orientated. People take in what they want to hear and if they have the inclination - research. Dodgy in itself to filter sites and work out what is true and not.
I have NEVER accused him of being a Muslim. What you are referring to is that I said he had travelled to Pakistan on an Indonesian passport as an adult. Indonesia did not, until 2006, allow dual citizenship. The only way for Obama to legally have an Indonesian passport as an adult would have been to renounce his American citizenship. This is a technical issue that could, if proven, disqualify him from being President. This issue could be resolved if Obama would open up his passport record to public scrutiny. If I had nothing to hide, I would do it in a heartbeat.He is not a Muslim and playing that card is annoying. Get on with the campaign.
Obama and Biden are far from evil, another word with many connotations and misleading.
It is the mindset of the deranged Democrats that allowed this to happen.
Now, imagine if Obama's email was hacked by the son of Republican lawmaker? You don't live here, I'll let you in on something: The MSM would have plastered this on the front pages of the news for weeks. They would have speculated that McCain/Palin authorized it, they would have been talking about how nasty and criminal Republicans are. "What did McCain know, and when did he know it? etc., etc., etc.
You don't live here though, you don't know the one sided media like we do.
http://online.wsj.com/article/SB122364495587222887.htmlANCHORAGE, Alaska -- Lawmakers have begun reviewing a lengthy and politically sensitive investigative report focusing on whether Palin abused her authority as governor.
She has been accused of firing a state commissioner to settle a family dispute.
- also whether Palin's husband meddled in state affairs and whether
- her administration inappropriately accessed employee medical records.
The investigation focuses on her firing of Public Safety Commissioner Walter Monegan who says Gov. Palin and her husband pressured him to fire Mike Wooten, a state trooper involved in a nasty divorce and custody dispute with the governor's sister. When Mr. Monegan resisted, he says, he was fired.
Gov. Palin's critics say that shows she used her office to settle family affairs.
"When you're the governor, you leave your household hat at home and you become governor," said state Senate President Lyda Green, a Republican who has frequently clashed with Gov. Palin.
Lawmakers planned to vote to release the estimated 300-page report and some of the 1,000 or more pages of supporting documents. The 14-member legislative panel could recommend that the case be closed, that another committee continue to investigate, or that the matter be referred to criminal investigators.
Republican state Rep. John Coghill said he would try to keep the discussion focused on the what legislators set out to investigate: Mr. Monegan's firing.
He said before reading the report, "This is about the integrity of the legislative process."
Palin abused power: 'Troopergate' probe
Posted 28 minutes ago
Updated 20 minutes ago
Republican vice-presidential nominee Sarah Palin abused her position as Alaska Governor by pressuring officials to dismiss a state trooper, an investigator's report says.
In a 263-page report released by Alaska's Legislative Council following a six-hour closed doors hearing, investigator Steve Branchflower said Ms Palin was guilty of violating ethics rules for public officials.
The investigator said Ms Palin had allowed her husband Todd Palin to use the Alaska Governor's office and its resources to pressure officials to fire state trooper Mike Wooten, her former brother-in-law.
"Governor Palin knowingly permitted a situation to continue where impermissible pressure was placed on several subordinates in order to advance a personal agenda, to wit: to get Trooper Michael Wooten fired," the report said.
"She had the authority and power to require Mr Palin to cease contacting subordinates, but she failed to act," the report added.
-AFP
Committee Meets Over Palin Ethics Report
Today, the committee will decide whether:
* the case be closed
* another committee continue to investigate ... or
* the matter be referred to criminal investigators.
Doris
she abused power according to report
http://www.abc.net.au/news/stories/2008/10/11/2388385.htm
PS all over Red Rover
PS (imo)
PS Suppose you are right, that that ABC article is only one interpretation of the report -
it still says mountains about McCain's decision-making skills (for his first big decision of choosing a running mate).
or even better, this!
Can't we make Harrison Ford the P as I had a big crush on him as a teenager in Raiders of the Lost Ark.
Why did you go for Marshmellow Man he was wiped out in Ghostbusters?You are "pumped full of sugar"
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