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Legal experts question US Attorney’s decision not to prosecute Obama ‘assassination plot’
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Brad Jacobson
Raw Story
October 31, 2008
Interviews with numerous legal experts suggest that Colorado US Attorney Troy Eid misled reporters and diverged from state law when declining to prosecute any of the three men arrested in Denver for threatening to assassinate Democratic presidential nominee Barack Obama.
Eid, who was appointed by President George W. Bush in 2006, declined to prosecute the three men on charges of threatening to assassinate Barack Obama during his acceptance speech at the Democratic National Convention, saying that the suspects were “just a bunch of meth heads” and their words failed to meet the legal standard for “true threat.”
“When you talk about threatening presidential candidates, there’s a legal standard you got to meet,” Eid told reporters. “It’s got to be a credible threat as defined by the law. And that means that someone has a way to carry it out. And at this time we don’t have sufficient evidence that there was a true threat.”
He added, “They didn’t reveal a plan” and characterized the alleged threats and assassination plot as merely “the racist rantings of drug users” and “one meth head talking to another about life.”
But multiple legal experts interviewed by RAW STORY — including criminal and constitutional law scholars, former Assistant US Attorneys and Denver-area defense lawyers also familiar with Colorado state law — agreed that voluntary intoxication is not exculpatory and that such a claim, especially for a prosecutor, is unorthodox. While it may be presented in an effort to reduce a sentence after a conviction, experts say it is normally the domain of defense counsel.
“It’s very unusual,” says Scott Horton, a Columbia Law School professor who also writes for Harper’s Magazine. “Basically, you have a US Attorney trotting out the sort of arguments that defense counsel makes on a plea for reduced sentencing.”
Legal experts say that Eid’s definition of true threat directly conflicts with the statue covering threats to presidential candidates, 18 U.S.C. 879, which defines the threat as “whoever knowingly and willfully threatens to kill, kidnap, or inflict bodily harm upon a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate.”
While noting the statute must be weighed against First Amendment rights, they argued that because voluntary intoxication is not a viable defense the First Amendment does not protect a speaker’s threatening speech.
George Fisher, Stanford Law Professor and one of the nation’s top scholars of criminal law and evidence, explained, “Certainly when there’s a state of mind requirement in a crime, ‘knowingly,’ for example, you could say as a logical matter that somebody can’t do something knowingly while under the influence. But there are these other laws, sometimes in the form of statutes and sometimes in the form of case law, that will say, ‘But voluntary intoxication is no defense.’ And the Supreme Court many years ago upheld those laws as not being a violation of due process.”
Colorado defense attorneys agreed. They said Colorado state law does not differ from the Supreme Court’s ruling on voluntary intoxication.
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October 31st, 2008 at 5:31 pm
When I first saw the picture I thought Boy George had a new album coming out.
October 31st, 2008 at 6:11 pm
They needed a more believable set of lies. They’ll come up with another plot that has more drama mixed in next time. Skinheads are so passe these days. They’re waiting on full force race wars not doing drive-bys. THERE’S NO PLACE TO GO BUT AGAINST THE GRAIN!
Granpa tell me about when you had to fight in the streets to save our race
Tell me of the warriors that died to keep me safe
Tell me of the pride and of the glory
Let me stay up with you and hear the story
The men and women of that day were brave
But many of them are now in the grave
Their memory will live on in our hearts forever
They gave us our life to live you see
They fought hard and died hard
They are the ones that are the heros
Go to sleep now baby and dream of those
Who died for you and me yester year
Its what they chose
October 31st, 2008 at 6:21 pm
HAHAHHAHAHAHAHAHHAA
October 31st, 2008 at 6:37 pm
Two meth heads talking among themselves. I’ve seen some posters here treaten violence. Big brother is always watching. #2 I agree does smell like propaganda/false flag bs. The msm has little credibility in my eyes anymore.
October 31st, 2008 at 6:48 pm
I wonder what might have transpired had it been Black gang members of the Crips or Disciples who smoked some crack and discussed blowing McCain’s head off. Do you think there would be no charges files by the prosecutor?
These Skin “METH” head pricks ARE part of the false paradigm anyway. The races need to be united against all of the corruption that has infected all levels of government, the legal/medical community, pretty much any and everything.
Racism, just like the terms republican/democrat, liberal/conservative, left/right, black/white, rich poor, keep us(WE the People) divided. Don’t forget their(the powers that be) objective is to divide and conquer. So far they have been very successful with this tactic. It is up to us to stop them. Vote as an American for true American
Patriotic candidates;
1. Cynthia McKinney-Green Party
2. Ralph Nader-Independent
3. Chuck Baldwin-Constitution Party
Let’s end this madness NOW!
October 31st, 2008 at 7:25 pm
Why does this site continue to block posts?
October 31st, 2008 at 7:32 pm
hey everyone gather around and watch this !!!! its the new world order coming to town and they even have a circus that comes with it ! bring all your old ids , social security numbers , bank accounts and turn it all in for a rfid chip ! sounds like fun !
October 31st, 2008 at 7:36 pm
Shewolf #2 – i enjoyed your cow video…lol
you make a good point. there is something suspicious about this story. the prosecuter must hate obama
October 31st, 2008 at 7:39 pm
This is so surreal. I definitely know now why life is just an illussion. Pass the popcorn please. This is a joke and a very bad movie plot to boot not to mention that it has been played over and over again. Isn’t it about time we changed the picture?
October 31st, 2008 at 8:48 pm
the prosecutor is in on it too.
October 31st, 2008 at 9:03 pm
what a joke. all hype for your local news.
E
http://www.aniboom.com/video/301911/mccain-plan/
October 31st, 2008 at 9:58 pm
Hired by Bush, anymore need to be said?
October 31st, 2008 at 10:24 pm
The clown in the photo would have to be the healthiest looking meth head iv’e ever seen…no weight loss, no sores, no scabs, no scars…
If posters could only see the forest…through the trees!!!
October 31st, 2008 at 11:42 pm
White terrorists don’t get prosecuted in this country for “plotting” to assassinate a black
presidential candidate, but any brownie nowadays with a plastic fork can get thrown in Gitmo for
no reason at all. We deserve everything we have coming. We abused our power and brought
tyranny to so many other countries.
It was a matter of time before we turned on our OWN people.
Enjoy the revolution, they will crush the testicles of your newborns on the asphalt…because you
allowed them. While you were busy “talking” and “posting”, they were busy “doing”.
One question for GOD:
What was with the different colors? It has caused 1/2 of our problems in history.
November 1st, 2008 at 12:35 am
#15
#What was with the different colors?#
.
What colors…i only see another child, woman or man…i don’t see color!
November 1st, 2008 at 1:52 am
thank heaven someone else saw this for the same bs that has been passed off as news these days. some barroom talk and the goverment jumps in with both feet for no cause or real reason. glad the attorney wasnt so dim as to buy into this one.
November 1st, 2008 at 2:10 am
Bible readers are racists….the bible brain washes people into being racists, all that trumped up 12 tribes of isreal stupidness….stupidness that has caused sooooo MUCH horror threw out all of history….ahhhhhhhhhhhhhh!!!!!!!!!!!
MORE Thremal Expansion ! MORE !!!
November 1st, 2008 at 3:23 am
the whole thing was fabricated to raise racial tensions before the elections
November 1st, 2008 at 8:35 am
I think that the elitist’ new plan with Obama is to orchestrate a civil/race war in the US. Perhaps the lack of prosecution here is just to stir up black hatred against whites? This whole scenario reeks of nwo social engineering…
Mark my words, if Obama is elected, expect to see alot of provocative media stunts in an attempt to divide and conquer via racial tension. And SURELY any white person that disagrees with Obama and/or his actions/inaction will branded a racist. I’m alrealdy getting this from other black folks when I try to explain why I don’t support Obama! It’s absolutely schizophrenic! Just when I think I’m getting used to it, I’m again shocked by how WILLFULLY ignorant people can be!
Any black folks reading this, for the Love of God, please help explain this highly potential scenario to your black friends and family. When I try to expalin this to black people, I think they don’t take me seriously b/c I’m white.
So rise up, Brothers of ALL colors and creeds, and do your part in the Infowar!
On with the r3VOLution!!!…
!!!DTTNWO!!!
November 1st, 2008 at 8:56 am
Fishy, to say the least.
November 1st, 2008 at 9:30 am
Why don’t you ban this heil Hitler caracter.
It’s people like him that discredit this movement
November 1st, 2008 at 9:42 am
Number 18, what the crap are you babelling about? the bible makes racists? that the crappin dumbest thing I have heard in a while, completely asinine, and what horrors are you refering to?’
Most of the greatest atrocities I am aware of and studied have been commited by occultists/satanists, included the thule member hitler and the secuklars such as stalin, ol pot, ghengis khan/shaka zulu, Neopole whatever, constatine the murderer and poope pius the anti christs of the pagan roman church…bunch of lying sun god worshippers etc.
November 1st, 2008 at 9:49 am
Jeff White, you are right, if it were any of the myriad of black gang trash, there would be no mention of it, they are largely a tool of this shadow gov machine to, just as the old biker gangs do, peddle the fedgovs maggot infested drugs around the country to destroy our insfrastructure, break down our families, destroy our young women and turn them into whores and ruin our children, because a constitutional republic can only exist with a moral upright self governing peoples, this commie rat government has to destroy that and every vestige of our belief of the Almighty, with the type of drivel that the fake priestess vomits out to put doubt in the hearts and minds of those who are already indoctrinated in our communist infested churches.
November 1st, 2008 at 10:13 am
If the Judge refuses to prosecute could only really mean that this whole plan is just nothing more than government propaganda and they really have NO EVIDENCE to prove that this “Event” even happened, so, they think the Americans were just born yesterday and we all will buy this s--- like it was a Bailout or something.
November 1st, 2008 at 11:14 am
simple he’s supposed to get assassinated thats how they are going to get their violence. you had them and let them go type situation. also i suppose the plan was weak and they needed time to make the plan better who knows but i think the violence they keep talking about will come from someone killing him he might be in place to become the nwo martyr. but like i said who knows
November 1st, 2008 at 12:22 pm
Failure to further investigate/prosecute here stinketh badly of deeper agendas/connections. Very generally speaking, it looks like ‘orders came down’ not to prosecute. I’d guess it would be because of what the prosecution might uncover, and that that could be some government involvement (as in one or more of them is on govt. black ops payrole) with these guys – that one or more of them is a covert govt. operative. Many skinheads are govt. ops or ‘useful idiots’. It is almost a cliche, I think. Maybe this lot have drug dealing connections with the national/international govt. drug-dealing ring. Maybe the plan is to assassinate Obama and start race riots that will provide justification for troops in the streets and round-up of dissidents.
November 1st, 2008 at 12:41 pm
government ops
November 1st, 2008 at 1:09 pm
It’s probably because these white supremacists are most likely government agents.
November 1st, 2008 at 1:23 pm
#20, I got that the other day from a black guy when he asked me who I voted for. I told him it’s none of his business, and he accused me of being a racist and voting for “whitey”. So when I told him I voted for McKinney because she isn’t a Zionist warmongering stooge like Obama and McCain and actually cares about freedom unlike Obama and McCain, he was like speechless. I could tell he wanted to still call me a racist for voting against Obama in favor of an “Aunt Jemimah”/”Aunt Thomasina” or whatever the hell a female Uncle Tom is. Finally, I told him “I don’t judge by skin colon and that I see everybody as people, but you want to believe ‘whitey’ is the devil, and that makes you just as racist as a white supremacist skinhead”.
November 1st, 2008 at 1:31 pm
Sad to say, I forsee an Obama assassination & race wars in our future. Perhaps Manson was right about Helter Skelter, albeit 40 years off.
November 1st, 2008 at 3:03 pm
it should be a class war, but racist people will attempt to make about race
November 1st, 2008 at 5:05 pm
I think if they prosecute then naturally it will get media attention and whoever is behind Obama doesnt want you to hear their testimony… for example, who Obama really is and what he is about.
November 1st, 2008 at 11:00 pm
lol it sounded suspicious from the get go with the guys making myspace pages posting all this nonsense and now they dont want to prosecute them? it’s time to really run the chains on these three individuals and ask them who they REALLY work for…
November 2nd, 2008 at 12:24 am
So what….Stay focused.
November 2nd, 2008 at 1:02 am
I agree that this is being quietly quashed because of what might come out as to who the perps are working for.
#7, what do you mean that this site blocks posts?
What post did they block of yours?