Posted on 05/09/2009 8:17:03 PM PDT by Copernicus
Speaking to an attorney today, however, he noted: “There is a wealth of information in what is not being said.” For example, in the press release, DOJ press contact Mary L. Hatton says:
“That charge alleges a violation of Title 18, United States Code, Section 844(e), which prohibits sending false information about an attempt to kill, injure or intimidate any individual or to unlawfully to damage any building through an instrument of interstate commerce. This charge is unrelated to the Patriot Act.”
What the state does not say is that it is highly probably Lundeby is being held under more than one charge, and the statement carefully does not address whether other charges might be “related to the Patriot Act.” Nor is Ms. Hatton especially helpful in clarifying that: When I asked her, this morning, she stiffly replied, “other than the press release, this office has no comment.”
Equally curious are the following questions:
Why is Lundeby being held in Indiana rather than North Carolina or any of the other states to which he allegedly made bomb threats; Why is he being detained at all? Legal proceedings are typically biased against holding suspects, typically being limited to flight risk, being a danger to self or others, or (you guessed it) a Patriot Act detention. Indeed, for any case other than the Patriot Act, an open hearing with testimony would be required. Was such a hearing held?
As the lawyer I spoke to pointed out, the frustration is that under the Patriot Act, the federal government can stonewall. One might add that, regardless of the circumstances of Lundeby’s detention, if Congress hadn’t passed the Patriot Act, we wouldn’t be forced to ask these questions.
(Excerpt) Read more at examiner.com ...
Best regards to all,
Reality check:
Mom Outraged by Son’s Arrest Reportedly Knew of His Web Stardom for Phone Threats
http://www.freerepublic.com/focus/f-news/2247648/posts
The mom should be in jail too. And why are FReepers allowing themselves to be sucked into this right-wing version of the Mumia scam?
I do think the reason for unusual secrecy in this case is because the accused is a minor. It makes things a little scarier, but one hopes the law is being followed. There are a lot of protections for minors in our laws.
TITLE 18 > PART IV > CHAPTER 403 > § 5038
§ 5038. Use of juvenile records
(a) Throughout and upon the completion of the juvenile delinquency proceeding, the records shall be safeguarded from disclosure to unauthorized persons. The records shall be released to the extent necessary to meet the following circumstances:
(1) inquiries received from another court of law;
(2) inquiries from an agency preparing a presentence report for another court;
(3) inquiries from law enforcement agencies where the request for information is related to the investigation of a crime or a position within that agency;
(4) inquiries, in writing, from the director of a treatment agency or the director of a facility to which the juvenile has been committed by the court;
(5) inquiries from an agency considering the person for a position immediately and directly affecting the national security; and
(6) inquiries from any victim of such juvenile delinquency, or if the victim is deceased from the immediate family of such victim, related to the final disposition of such juvenile by the court in accordance with section 5037. Unless otherwise authorized by this section, information about the juvenile record may not be released when the request for information is related to an application for employment, license, bonding, or any civil right or privilege. Responses to such inquiries shall not be different from responses made about persons who have never been involved in a delinquency proceeding.
Given that the mother was lying her head off to the media, I no longer have even the slightest concern that there is anything amiss with this case, other than the fact that the mother hasn’t been hauled off to jail too.
There maybe Mike Nifong nitwittery equal to and as egregious as any from the family.
You remember: A Conservative is a Liberal who has been mugged; A Liberal is a Conservative who has been arrested; A Libertarian observes, once again, Government governs best that governs least.
Public transparency about the accuser was not available to allow investigators to uncover the full story.
Best regards,
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