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dajoki

(10,678 posts)
Wed Oct 10, 2018, 10:57 AM Oct 2018

The 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 Trump’s 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 campaign’s 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>>

17 replies = new reply since forum marked as read
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The Trump Campaign Says Exploiting Hacked Emails Is Free Speech (Original Post) dajoki Oct 2018 OP
I'm not a legal scholar, by any means, but wouldn't that be kind of like receiving stolen goods? Arkansas Granny Oct 2018 #1
it's not "kind of like" receiving stolen goods. it *is* receiving stolen goods. unblock Oct 2018 #3
How about when Kavanaugh receives data stolen from Hortensis Oct 2018 #14
the kavanaugh kourt will just rule that all kinds of crimes are aok when republicans do them. unblock Oct 2018 #15
Will if they can, that's for sure. And that just being Hortensis Oct 2018 #16
That's not the problem... Takket Oct 2018 #2
"the" problem is that there's far more than one single problem with these people. unblock Oct 2018 #6
Trump is definitely on a high right now - Like he is totally indestructible. He even Laura PourMeADrink Oct 2018 #7
Would that theory also apply to leaking Trump's "pee" video to the public? nt procon Oct 2018 #4
slightly different for two reasons. unblock Oct 2018 #8
Yes, but how can Trump claim he has a free speech protection to shield procon Oct 2018 #11
my understanding is that he's not saying anything about the underlying crime of espionage/theft. unblock Oct 2018 #13
So driving a stolen car is.... Buckeyeblue Oct 2018 #5
Legalizing crime. Baitball Blogger Oct 2018 #9
"True disclosures" - gaping hole in their argument berni_mccoy Oct 2018 #10
This is a dumb legal argument even coming from trump Gothmog Oct 2018 #12
We didn't do it! We would NEVER do that!! OK, we did it but it wasn't wrong!! (nt) ehrnst Oct 2018 #17

Arkansas Granny

(31,517 posts)
1. I'm not a legal scholar, by any means, but wouldn't that be kind of like receiving stolen goods?
Wed Oct 10, 2018, 11:02 AM
Oct 2018

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)
3. it's not "kind of like" receiving stolen goods. it *is* receiving stolen goods.
Wed Oct 10, 2018, 11:08 AM
Oct 2018

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)
14. How about when Kavanaugh receives data stolen from
Wed Oct 10, 2018, 03:17 PM
Oct 2018

Democrats in congress? I like to think this case could close off a line of defense for him someday.

Takket

(21,573 posts)
2. That's not the problem...
Wed Oct 10, 2018, 11:06 AM
Oct 2018

The problem is altering your party’s platform and agreeing to ease sanctions for that info. That is the payment made for stolen goods.

unblock

(52,243 posts)
6. "the" problem is that there's far more than one single problem with these people.
Wed Oct 10, 2018, 11:13 AM
Oct 2018

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)
7. Trump is definitely on a high right now - Like he is totally indestructible. He even
Wed Oct 10, 2018, 11:22 AM
Oct 2018

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.

unblock

(52,243 posts)
8. slightly different for two reasons.
Wed Oct 10, 2018, 11:23 AM
Oct 2018

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)
11. Yes, but how can Trump claim he has a free speech protection to shield
Wed Oct 10, 2018, 12:58 PM
Oct 2018

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)
13. my understanding is that he's not saying anything about the underlying crime of espionage/theft.
Wed Oct 10, 2018, 03:02 PM
Oct 2018

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....

Baitball Blogger

(46,720 posts)
9. Legalizing crime.
Wed Oct 10, 2018, 12:08 PM
Oct 2018

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)
10. "True disclosures" - gaping hole in their argument
Wed Oct 10, 2018, 12:15 PM
Oct 2018

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)
12. This is a dumb legal argument even coming from trump
Wed Oct 10, 2018, 01:23 PM
Oct 2018

Last edited Wed Oct 10, 2018, 01:54 PM - Edit history (1)

BTW, there appears to be two First Amendments in trump's world


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