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No journalist has been convicted under the espionage act _because_ no journalist has seen a courtroom under the espionage act. We're already in unprecedented t
by monocasa 5y ago
No journalist has been convicted under the espionage act _because_ no journalist has seen a courtroom under the espionage act. We're already in unprecedented territory with this action. Claiming that it's fine because the end goal has never been achieved when we've never gone this far in the first place seems specious.
The DoJ obviously believes these charges will stick, otherwise it'd be in the administration's best interest to not actually see trial and keep the threat viable.
- nobody9999 5y ago>The DoJ obviously believes these charges will stick, otherwise it'd be in the administration's best interest to not actually see trial and keep the threat viable. Prosecutorial overcharging[0] is pretty much de rigueur and happens all the time. [0] https://en.wikipedia.org/wiki/Overcharging_(law) https://en.wikipedia.org/wiki/Overcharging_(law)
- monocasa 5y agoNot in cases where they're afraid of getting law settled against them. Prosecutors prefer grey area to clear law against them.
- nobody9999 5y ago>Not in cases where they're afraid of getting law settled against them. Prosecutors prefer grey area to clear law against them. [Citation needed]
- monocasa 5y agoIt's very common. One example among many: https://www.propublica.org/article/prosecutors-dropping-child-porn-charges-after-software-tools-are-questioned https://www.propublica.org/article/prosecutors-dropping-chil... Prosecutors are very aware of when they're on the grey side of the law, and when it's clear they're up against a defense that has a chance of clear precedent against them, prosecutors start acting much more conservatively.
- brokenmachine 5y agoAlso that terrorist's phone where the FBI wanted Apple to create a custom firmware so they could bruteforce it.