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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe Trump Campaign Says Exploiting Hacked Emails Is Free Speech
The Trump Campaign Says Exploiting Hacked Emails Is Free Speech
Lawyers for the campaign asserted in court papers a right to disclose even stolen information.
https://www.theatlantic.com/politics/archive/2018/10/trump-campaign-defends-wikileaks-use-hacked-dnc-emails/572587/
In a motion to dismiss a new lawsuit accusing President Donald Trumps campaign team of illegally conspiring with Russian agents to disseminate stolen emails during the election, Trump campaign lawyers have tried out a new defense: free speech.
<<snip>>
But the right to free speech, the campaigns lawyers argued, supersedes the right to privacy. At a minimum, privacy cannot justify suppressing true speech during a political campaign, they wrote. Quoting from the Citizens United case, they added that the First Amendment leaves parties free to obtain information from diverse sources in order to determine how to cast their votes. It would eviscerate that guarantee to punish true disclosures made in a political campaign.
<<snip>>
Arkansas Granny
(31,517 posts)If you know information was obtained illegally, wouldn't you be obligated to report it instead of using it in your campaign?
unblock
(52,243 posts)there's a case to be made that when the *government* is the "victim", i.e., when classified information is illegally made public, that newspapers may be free to publish that information if it's compelling that it's in the national interest, e.g., the pentagon papers.
there's no such case to be made when the victim is a private individual or organization such as hillary clinton or the dnc.
and just to put a fine point on it, podesta's emailed tips for making risotto is not anything that is compellingly in the national interest.
Hortensis
(58,785 posts)Democrats in congress? I like to think this case could close off a line of defense for him someday.
unblock
(52,243 posts)Hortensis
(58,785 posts)is a crime if you're a Democrat.
Takket
(21,573 posts)The problem is altering your partys platform and agreeing to ease sanctions for that info. That is the payment made for stolen goods.
unblock
(52,243 posts)yes, their involvement, payment, quid pro quo, or even merely their prior knowledge, of the original crime (theft/espionage/electronic security violations) is one problem.
but regardless, and even if they couldn't be proven to have been involved in the original hacking/espionage, their use of the proceeds of that crime is a further problem.
Laura PourMeADrink
(42,770 posts)seems to be open to news conferences (after what 400+ days with only a handful of questions with the helicopter racket in the background). Avoiding the free press is how gets away with all his shit.
Now that he's overconfident, would be a great time to ask him self-incriminating questions. Might help Mueller.
procon
(15,805 posts)unblock
(52,243 posts)first, it took place in russia, and i can't really comment on the laws for such things there. the hacking was on servers in america, so american laws apply.
second, the case of donnie's "pee" video, it's more of a civil wrong (tort/defamation) than a criminal wrong. at least i'm not sure what crime was involved in the recording of the video (there may have been subsequent blackmail/extortion, but i'm not sure the recording of the video was a crime in and of itself.
if it's merely a civil wrong, then someone could legally publish it and let donnie sue, and then a civil court could decide if he was actually damaged, given the standards that apply to public people, and then possibly pay damages if any are deemed appropriate. arguably, given that the pee tape is a well-established rumor, and that stormy has published a book detailing other highly personal information, it's possible that the publication of an actual "pee" tape might be deemed not to be further damaging much at all.
procon
(15,805 posts)himself from the crimes of illegally conspiring with Russia and accepting the emails that were stolen property?
Logically, it seems to me that if Trump was engaged in criminal activities he has no right to counter that by claiming his freedom of speech rights outweigh any other laws he broke.
unblock
(52,243 posts)he's still maintaining that russia hacked and innocent little donnie had absolutely nothing to so with it.
he's only addressing the question of *using* the stolen information after the hacking and theft happened and after wikileaks made it available.
he's trying to say, "hey, i didn't steal it, but now that it's out there, i have a right to use it."
i personally don't think he's got much of a legal argument, and he certainly doesn't have much of an ethical argument, but then again he might have a lock on 5 supreme court justices, so there's that....
Buckeyeblue
(5,499 posts)Baitball Blogger
(46,720 posts)They know the jig is up on their privilege society do know they are trying to legalize their criminal activity.
berni_mccoy
(23,018 posts)Hacked emails given to the campaign by Russian state-sponsored hackers is not true disclosure.
Furthermore, knowingly receiving information that was obtained by hacking information systems is a crime according to U.S. Code.
Gothmog
(145,291 posts)Last edited Wed Oct 10, 2018, 01:54 PM - Edit history (1)
BTW, there appears to be two First Amendments in trump's world
Link to tweet