"I mean, this is a group of dudes who shoot guns and talk crap. You know what I mean? And that's really what it is."
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"I mean, this is a group of dudes who shoot guns and talk crap. You know what I mean? And that's really what it is."
I am anticipating an appeal, obviously....
They are going to have a very steep climb in regards to the appeal. To my knowledge, the only explicitly forbidden under cover or informant techniques are:this is just disgusting what it wrong with our government they are out of control....this shouldn't of happened the FBI involved should be in jail
They are going to have a very steep climb in regards to the appeal. To my knowledge, the only explicitly forbidden under cover or informant techniques are:
- Using romance as a lure.
- Promising the defendant "inordinate" sums of money.
But.... even the money aspect is narrowly defined. Appellate courts have upheld terror convictions for defendants who were offered a combination of cash, a cool car, and business assistance that was valued at many times their annual minimum wage income.
Appellate Courts have also upheld conspiracy convictions where the informant repeatedly approached the defendants, provided beer / weed, made contrived arrangements for "meetings, had shown defendants inflammatory material- then asked them to participate etc.
In my opinion....
The federal government should establish Civil Rights Review Office. This office would then need to vet under cover / informant driven conspiracy investigations before charges can be filed.
The linkage of terror investigations to agent / prosecutor promotions and the use of "professional" informants who need to find bad guys to stay employed is just a slippery slope for abuse.
I think you are right in that challenging the "mechanics" of the judge's rulings regarding time and evidence rather than the undercover / informant techniques are more likely to be successful.This case, however has a bit more than that for an appeal. The very very limited and selected "snips" of video/audio allowed by the judge, and refusal to allow full context of the same is suspect. The sudden ( midway through the trial ) time limit set on only the defense attorneys by Judge Jonker during cross exam was suspect. This ruling also was quickly reversed the next day.
This can also be used in an appeal."UPDATE: Government has filed a request to reduce Ty Garbin's 75 month sentence, due to his continued cooperation with prosecutors. They are asking to reduce his sentence by 36 months. That would cut his time in prison down by 3 years if accepted by the court."