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Author Topic: Judge posesses a bomb-proof bullshit detector - and ain't afraid to use it!  (Read 1255 times)

40hz

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In the midst of all the depressing legal news about Executive Branch excesses comes this TechDirt post that offers a ray of hope in the person of U.S. District Judge Otis D. Wright II:

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Quote
Judge Otis Wright Slams 'Made Up' Government 'Plot' Designed To Ensnare Gullible Poor People
from the finally dept


For years now, we've been writing about the FBI's now popular practice of devising its own totally bogus "terrorist plots" and then convincing some hapless individual to join the "plot" only to later arrest them to great fanfare, despite the fact that everyone (other than the arrested person) involved was actually an FBI agent, and there was no actual danger or real plot (or real terrorists) involved. In fact, we just had yet another such story. We've written about similar occurances over and over and over and over and over and over and over and over and over and over and over again -- and, depressingly, it seems that courts repeatedly uphold this practice as not being entrapment. Many have been questioning why the FBI is spending so much time and money creating fake terrorist plots that don't seem to protect anyone (but do give the FBI/DOJ lots of big headlines about "stopping terrorism!"), but the courts have basically let it go.

However, it finally appears that one judge thinks these kinds of things go too far -- and it happens to be Judge Otis Wright, whose name you may recall from being the first judge to really slap down Prenda law for its obnoxious copyright trolling practices. Reader Frankz alerts us to the news Wright has dismissed a case involving the Bureau of Alcohol Tobacco and Firearms (ATF) for a similar "made up crime" and completely trashed the government for doing these kinds of things. As with his order in the Prenda case, I urge you to read his full dismissal which is granted for "outrageous government conduct." Judge Wright, it appears, is not one to hide his opinions about those who abuse the legal system. The ruling kicks off with a hint of where this is heading:

    “‘Lead us not into temptation,’” Judge Noonan warned. United States v. Black, 733 F.3d 294, 313 (Noonan, J., dissenting). But into temptation the Government has gone, ensnaring chronically unemployed individuals from poverty-ridden areas in its fake drug stash-house robberies. While undoubtedly a valid law-enforcement tool when employed to target or prevent demonstrated criminal enterprises, reverse stings offend the United States Constitution when used solely to obtain convictions.  <more>

You can download a PDF of his dismissal ruling here. It's a terrific read - and well worth the time. :Thmbsup:

Edvard

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People with Judge Wright's strength of character wrote the Constitution.  It really is too bad we don't have more people possessed of the same protecting and enforcing it.

Renegade

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My question is why are the agents and DOJ officials never prosecuted for their crimes?

Oh... that's right... silly me...  :-\ "Justice" is only from the mouths of those criminals, and is most properly spelled "JUST US."
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Freedom is the right to be wrong, not the right to do wrong. - John Diefenbaker

Innuendo

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Now if only we could get the honorable judge to weigh in with his thoughts on parallel construction.