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Started By
Message
re: Conspiracy to Perform Lawful Act
Posted on 12/12/18 at 4:19 pm to AggieHank86
Posted on 12/12/18 at 4:19 pm to AggieHank86
quote:
If Trump repaid Cohen, would that not qualify as the “overt act” that you reference?
Was that illegal in and of itself?
0
Posted on 12/12/18 at 4:19 pm to AggieHank86
quote:
If Trump repaid Cohen, would that not qualify as the “overt act” that you reference?
and you claim to be a lawyer.
Posted on 12/12/18 at 4:23 pm to ClientNumber9
Your a Fed, then get to stepping on the Hillary case 
Posted on 12/12/18 at 4:24 pm to TigerBait1971
quote:
Are you Comey?
No.
(Checks creds, looks in mirror)
Nooooo!
Posted on 12/12/18 at 4:26 pm to ClientNumber9
Without the massive leap that this has anything to do with a campaign donation this is the biggest nothing burger ever
Posted on 12/12/18 at 4:26 pm to RolltidePA
quote:
Then you should know that there is an Overt Act requirement in most conspiracy charges as well. Convenient that was left out. Especially if the conspiracy charges would be filed in New York.
S 105.20 Conspiracy; pleading and proof; necessity of overt act.
A person shall not be convicted of conspiracy unless an overt act is alleged and proved to have been committed by one of the conspirators in furtherance of the conspiracy.
Source: New York State Law
Completely depends on if the case is federal or state. If it goes federal, New York State law doesn't apply.
Posted on 12/12/18 at 4:28 pm to CptBengal
quote:Not a specialist in criminal law (especially in NY), no.
you claim to be a lawyer.
Posted on 12/12/18 at 4:29 pm to ClientNumber9
Here's a question. Should Stormy,Karen, their attorneys, and anyone associated with said act not be in jail for extortion and or blackmail?
This post was edited on 12/12/18 at 4:31 pm
Posted on 12/12/18 at 4:29 pm to AggieHank86
quote:
Not a specialist in criminal law (especially in NY), no.
it's beyond pathetic now.
Posted on 12/12/18 at 4:32 pm to ClientNumber9
quote:
Completely depends on if the case is federal or state. If it goes federal, New York State law doesn't apply.
Is this a federal RICO charge? If not an Overt Act is required.
18 U.S.C. § 371, which require an overt act in furtherance of the conspiracy, the statute of limitations begins to run on the date of the last overt act. See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). For conspiracy statutes which do not require proof of an overt act, such as RICO (18 U.S.C. § 1961) or 21 U.S.C. § 846
Very frighening a Fed wouldn't know this.
This post was edited on 12/12/18 at 4:39 pm
Posted on 12/12/18 at 4:36 pm to RolltidePA
I understand your post but he cited NY state law. I'm merely stating NY state law may not apply.
Posted on 12/12/18 at 4:39 pm to AggieHank86
NDAs are illegal?
Posted on 12/12/18 at 4:41 pm to AggieHank86
quote:
The issue is somewhat more complicated, Seattle, and nuanced than that
Perfect
Posted on 12/12/18 at 4:43 pm to AggieHank86
quote:
If Trump repaid Cohen, would that not qualify as the “overt act” that you reference?
Paying a fee to an attorney for an executing an NDA? No.
Granted the subject matter makes it seem unethical, but this type of thing happens in corporate law with regularity.
Posted on 12/12/18 at 4:43 pm to AggieHank86
quote:
Not a specialist in criminal law (especially in NY), no.
You went to law school and passed the bar though, correct?
I bet you suck at practicing.
Posted on 12/12/18 at 4:43 pm to antibarner
Would that not be entirely dependent upon whether they actively solicited the money and/or made threats regarding disclosures of information?
Posted on 12/12/18 at 4:46 pm to junkfunky
quote:In general, no. I think they serve an entirely valid purpose, and I have used them on occasion in the past.
NDAs are illegal?
As you are well aware, the complication arises from the fact that there is, in this case, an intersection between general law in this area versus federal election law.
Posted on 12/12/18 at 4:48 pm to AggieHank86
quote:
area versus federal election law.
Under the laughable accusation this was a "campaign donation"
Posted on 12/12/18 at 4:48 pm to Nguyener
quote:Farkin’ Siri.quote:Perfect
The issue is somewhat more complicated, Seattle, and nuanced than that
Subtle. Fixed.
Posted on 12/12/18 at 4:51 pm to RolltidePA
quote:I have settled countless claims in the last 30 years. Not once have I ever paid a settlement out of my own pocket without first consulting with the client, in the hope or expectation that he might choose to repay me.quote:Paying a fee to an attorney for an executing an NDA? No.
If Trump repaid Cohen, would that not qualify as the “overt act” that you reference?
Granted the subject matter makes it seem unethical, but this type of thing happens in corporate law with regularity.
Perhaps your experience is different.
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