Monday, October 30, 2017

Dept. of Justice Conspiracy Theories - 2


Over a half a decade ago I pointed out one bad habit of the mass media (Dept. of Justice Conspiracy Theories).

The McTell News (Blind Willie McTell News, 2, 3, 4, 5, 6) has an aversion to "conspiracy theory" (On The Origin of "Conspiracy Theory", 2, 3, 4, 5, 6, 7).

One reason for that aversion is that some of the media who were CIA agents or assets wanted "conspiracy theory" to be relegated to the realm of evil thoughts (Mocking America, 2, 3, 4).

Instead, the McTell News like to make things up, like "collusion," their doublespeak word for the proper word "conspiracy."

Thus, they have. for months and months now, echoed daily the word "collusion" (which cannot be found in the criminal laws of the United States).

They have been caught in their own tongue twisting machinations.

The proper word is not "collusion," rather it is "conspiracy," as clearly shown in the criminal laws of The United States of America:
"If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both."
(18 USC § 371, emphasis added, cf DOJ on conspiracy theory). This is a general conspiracy statute ("If two or more persons conspire ... to commit any offense against the United States ... in any manner or for any purpose").

II. Trump Campaign Criminal Conspirators

Today, a Trump Campaign manager and his deputy were indicted on twelve felony counts (Federal grand jury indictment against Manafort, Gates).

The first two of the twelve counts in the indictment were for CONSPIRACY  (not "collusion").

Count One was the crime of CONSPIRACY AGAINST THE UNITED STATES, a felony (18 USC § 371).

When McTell News reads the indictment will they supplant the word conspiracy with their made up idea-word collusion?

McTell News should give up their bad habit.

III. Guilty

Another Trump advisor has also been indicted and pled guilty:
A professor with close ties to the Russian government told an adviser to Donald J. Trump’s presidential campaign in April 2016 that Moscow had “dirt” on Hillary Clinton in the form of “thousands of emails,” according to court documents unsealed Monday.

The adviser, George Papadopoulos, has pleaded guilty to lying to the F.B.I. about that conversation. The plea represents the most explicit evidence connecting the Trump campaign to the Russian government’s meddling in last year’s election.

“They have dirt on her,” the professor told him, according to the documents. “They have thousands of emails.”
(Trump Campaign Adviser Met With Russian to Discuss ‘Dirt’ on Clinton). Today on Morning Joe, the following was stated: "Seventy-Five percent of the Republicans polled said it was ok that Russia interfered with the 2016 presidential election."

IV. Collusion vs. Conspiracy

The difference between "collusion" and "conspiracy" is that "collusion" is not a criminal law concept found in the text of American law:
"Let's agree, for now, that "collusion" is a political word, a media word, a polite word countless hacks have settled on because its use allows everyone to cover this catastrophe without having to actually accuse the president and his tribunes of something that sounds like a crime. "No one here engaged in a conspiracy" sounds an awful lot like: "I swear I never touched her, officer," while the phrase "There is no collusion here" sounds an awful lot like a phrase from a science book that the Secretary of Education soon will be asking school officials around the country to burn." - Esquire Magazine
...
"The word collusion, in a legal context, also has a financial connotation.  Its main use is in bankruptcy, divorce, or other cases concerning money.  Trump Jr.’s interaction with Russian lawyer Veselnitskaya was first concerned with political information, and later adoption.  The political information may have been of value, but it would have been of political value, not monetary value.  The consequences of collusion usually do not have a jail sentence, but rather, a fine may be assessed against the violating parties.  Despite headlines questioning the meeting and its legal impact, the Trump campaign’s actions likely do not constitute collusion.

While the meeting may not constitute collusion, it may constitute conspiracy.  Conspiracy is defined as 'an agreement between two or more parties to commit, through their joint efforts, a crime or an innocent act that becomes unlawful due to the concerted efforts of the parties.' ” 
- Campbell Law Observer
...
"A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its completion. The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. One person may be charged with and convicted of both conspiracy and the underlying crime based on the same circumstances.

For example, Andy, Dan, and Alice plan a bank robbery. They 1) visit the bank first to assess security, 2) pool their money and buy a gun together, and 3) write a demand letter. All three can be charged with conspiracy to commit robbery, regardless of whether the robbery itself is actually attempted or completed." - Findlaw
(emphasis added). Just ask yourself the question "why did congress use the word 'conspiracy' rather than the word 'collusion' in the federal criminal law?"

The mass media is helping criminal conspirators (e.g. confusing future jurors) by misusing the concept of "collusion," which is a word that is not found in the text of criminal law.

In order to water down and in effect replace the text of the valid criminal law word "conspiracy," they have painted themselves into a dishonest corner as they do when they do not mention climate change, and historically did not mention Jim Crow laws as they should have (Blind Willie McTell News).

V. Conclusion

As Expected
Fox mass media news, and other McTell News outlets, can now, (along with the Whut? House), tell the truth and say "see, we told you there was no collusion for which there will be any criminal prosecution."

The next post in this series is here, the previous post in this series is here.







3 comments:

  1. While Campaign Manager for the Trump Campaign, Manafort hand selected Mike Pence for Vice President. (Mike Pence Could Be The Next President And He Was Handpicked By Paul Manafort)

    ReplyDelete
  2. The Clinton Campaign machinations with the DNC is an example of collusion (ethics violations) while the Trump Campaign machinations with Russia is an example of conspiracy (criminal violations).

    http://www.npr.org/sections/thetwo-way/2017/11/03/561768006/book-reveals-clinton-campaign-effectively-controlled-dnc-as-early-as-2015

    ReplyDelete
  3. Conspiracy theories also take place in state courts:

    "A Carlsbad woman and her Oceanside gun instructor were found guilty Monday of conspiracy to commit murder..." (LA Times)

    ReplyDelete