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To: bitt

:: But Huber is prevented by the 6th Ammendment from prosecuting anyone outside his pre-established jurisdiction. It’s quite clear language. So no hope of prosecutions there. ::

There is a problem here. Maybe bitt can find it? Hint: “anyone”.


83 posted on 09/14/2018 6:39:29 AM PDT by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: Cletus.D.Yokel
Johnathan Turley explains:

https://www.breitbart.com/big-government/2018/03/31/turley-sessions-using-utah-federal-prosecutor-much-better-trump-2nd-special-counsel/ (bold is my edit)

Instead, Turley explained that Sessions has ordered Huber to “team up with the inspector general (IG) within the Justice Department to investigate these matters.”

Sessions informed Congress in his letter that all the matters recommended for investigation by Goodlatte, Gowdy, and Grassley are “fully within the scope of [Huber’s] existing mandate.” He also informed the chairmen that Inspector General Michael Horowitz, who is working with Huber, has a staff of 470 investigators, giving Huber access to enormous investigative firepower that far exceeds the staff of any special counsel.

As a U.S. attorney, Huber has full authority to empanel a grand jury and to file criminal charges. A grand jury can be empaneled anywhere, which means that it could be a group of citizens from deep-red Utah – in the heart of Trump country – instead of the D.C. Swamp that decides whether to hand down indictments for felony prosecution.

85 posted on 09/14/2018 7:00:04 AM PDT by TruthWillWin ([[MSM]])
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To: Cletus.D.Yokel; bitt; Basket_of_Deplorables

“””:: But Huber is prevented by the 6th Ammendment from prosecuting anyone outside his pre-established jurisdiction. It’s quite clear language. So no hope of prosecutions there. ::

There is a problem here. Maybe bitt can find it? Hint: “anyone”.”””

Why AG Sessions Chose Outside Prosecutors Over a Special Counsel

March 30, 2018 by Jeff Carlson, CFA

https://themarketswork.com/2018/03/30/why-ag-sessions-chose-outside-prosecutors-over-a-special-counsel/

Twenty-third Amendment

“While perceived as politically neutral and only somewhat liberal-leaning at the time of passage in 1961, the District swung dramatically toward the Democratic Party in the years after passage. African-Americans voted in greater numbers than they had in the 1940s and 1950s with the clearing away of restrictions on the vote, and their share of the District electorate increased - according to the 1970 census, 71% of the Federal District was black, a dramatic jump.[8] Accordingly, the District has sent its 3 electoral votes to the Democratic candidate in every single presidential election since 1964, including the 1984 landslide re-election of President Reagan, where only the District of Columbia and Minnesota voted for Democratic candidate Walter Mondale. The District’s electoral votes have yet to prove decisive in a presidential election. The smallest Electoral College majority won by a Democratic president since the Twenty-third Amendment’s ratification was the 56 vote majority achieved by Jimmy Carter in 1976. “

https://en.wikipedia.org/wiki/Twenty-third_Amendment_to_the_United_States_Constitution


86 posted on 09/14/2018 7:01:29 AM PDT by haffast (SUPERPOWER STATUS: ON!!)
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To: Cletus.D.Yokel

The prosecution has to be where the crime occurred. If the crime is unlawfully accessing the NSA database located in Utah, that may be a sufficient “nexus” to the crime to allow for jurisdiction in Utah. If the crime is leaking to a reporter based in VA who printed it in the NYT and it was distributed worldwide, jurisdiction could be valid in multiple places. In such cases, the defendant can bring a motion for lack of jurisdiction, and if jurisdiction exists, but there is a more appropriate place for trial, a defendant can bring a motion for change of venue.

The 6th amendment doesn’t stop Huber from trying a case anywhere; it just says he has to have the trial where the crime occurred.


151 posted on 09/14/2018 9:36:05 AM PDT by Defiant (I may be deplorable, but I'm not getting in that basket.)
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