Harken back to Criminal Law class, I believe thatthe crime of conspiracy to commit a crime does not require the subject crime to be committed—only a step towards the crime. Is counseling someone who indictaes intention to commit a crime how to do it “a step” towards the crime?
Just guessing here, but I suspect that the argument against a conspiracy charge would be that, because the one participant was performing a kind of sting, and not actually planning to commit the crime, it can’t be a conspiracy.
Doubtful that it applies in this case. Talking about a crime and PLANNING a crime are two entirely different things.
If merely talking about committing a crime were an arrestable, prosecutable offence, then it could happen anytime somebody said something as simple as “I’m going to kill you!” in the heat of anger - regardless of whether they actually intended to try to do so or not.
Conspiracy involves more than merely talking, there has to be an element of intention to put talk into action.
None of us have an intent to commit such crimes of course ~ right guys????
Latest discussion was about the guy in Montana who could have set up an ambush with his girlfriend to nail her husband ~ or some other scenario. There are a number of possibilities ~ but the local law enforcement folks seem to be too busy to take a good hard look ~ and so there we are, talking about possible crime, and possible government corruption.
The Moran kid, though, wasn't just describing how a crime can be committed ~ he was his father's campaign manager, a position of trust, and he was talking about how to currupt the election process.
Now that's pret'near a crime, but not completely.
That's why the Arlington County prosecutor is going to initiate an investigation. The Virginia state attorney general is probably not going to be involved unless the Arlington prosecutor comes up with some evidence that Moran cheated before ~ of which I have no doubt. Him, his old man, his mother,....... the whole crowd of creeps from Boston. They cheat when they tell you the time.