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Palin hacker's verdict stands
Knoxville News-Sentinel (TN) ^ | September 25, 2010 | Jamie Satterfield

Posted on 09/25/2010 5:22:35 AM PDT by libstripper

A federal judge has shot down a former University of Tennessee student's bid to have tossed out convictions in the illegal access of Sarah Palin's personal e-mail account during the 2008 presidential election.

Although U.S. District Judge Thomas Phillips' ruling, issued Thursday, paves the way for David C. Kernell to be sentenced next month, his will not be the final word on whether the convictions will stand. Defense attorney Wade Davies is appealing the then-20-year-old UT student's case to the 6th Circuit U.S. Court of Appeals.

(Excerpt) Read more at m.knoxnews.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: hacker; palin
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The most serious count this little pustule was convicted of was "anticipatory obstruction of justice," that arose from his attempting to scrub his computer of all incriminating information before the FBI visited him. The rap is going to be really hard to beat. Equally important, obstruction of justice convictions like this almost always produce prison time. Just ask Martha Stewart and Scooter Libby, where there was no conviction of a predicate offense and the evidence was a lot murkier.
1 posted on 09/25/2010 5:22:38 AM PDT by libstripper
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To: libstripper

I hope the sentence is he has to spend a winter on the North Slope.


2 posted on 09/25/2010 5:27:42 AM PDT by Vinnie (You're Nobody 'Til Somebody Jihads You)
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To: libstripper

” Just ask Martha Stewart and Scooter Libby”

Yeah, but they weren’t the son of a fat cat democrat.


3 posted on 09/25/2010 5:39:17 AM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: freeangel
Yeah, but they weren’t the son of a fat cat democrat.

Martha Stewart is a fat cat Democrat.

4 posted on 09/25/2010 5:45:05 AM PDT by libstripper
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To: libstripper

Reap what you sow, punk.


5 posted on 09/25/2010 5:48:53 AM PDT by Vision ("Did I not say to you that if you would believe, you would see the glory of God?" John 11:40)
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To: libstripper
Kernell faces sentencing Oct. 29. His penalty range is likely to be 15 to 21 months, and Davies is expected to push for probation.

It has been over 2 years since this happened. Justice has not been swift. He may still get probation. The defense has delayed the case as long as possible so the anger associated with his actions subsides.

When he did this, I followed the evidence that was on the web carefully. I read his admin notes in the cached version of his website. Those notes stated his contempt for Palin because she went to church and had all those children. And he called her the C-word just like the netroots did on their t-shirts.

He is a hacker want-to-be son of a Dem POL. He was a netroot want-to-be who thought he could find dirt on Palin in her personal e-mail account. When he found nothing he stated he was diss-appointed and posted the info on a hacker forum with the password so others could add to what he had done. A forum reader changed the password and notified Palin's campaign that it had been compromised. I have read that the kid has emotional problems and it is obvious that he does not have good judgement.

6 posted on 09/25/2010 6:11:17 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Texas Fossil

“...the kid has emotional problems and it is obvious that he does not have good judgement.”

OH! A typical lib!


7 posted on 09/25/2010 6:32:23 AM PDT by Leo Farnsworth (I'm really not Leo Farnsworth.)
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To: Leo Farnsworth

Throw his commie punk ass behind bars for a very long time...


8 posted on 09/25/2010 6:35:28 AM PDT by rightwingextremist1776
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To: Leo Farnsworth

Yes, he is a typical Lib.

And no, I was not defending him in any fashion. I have utter contempt for him, his arrogance and his actions.

I got sucked into this when it happened because of some observations I posted on a blog in TN. That event caused me to make my first post on FR. For many years I was simply a lurker here.


9 posted on 09/25/2010 6:43:21 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Texas Fossil
Kernell faces sentencing Oct. 29. His penalty range is likely to be 15 to 21 months, and Davies is expected to push for probation.

Probation's gonna be highly unlikely if Kernell's facing 15 to 21 months.

If Kernell is facing 15 to 21 months, then, by reverse application of the U.S. Sentencing Guidelines, his "Offense Level would be 14. That would mean that he is in the so-called "Zone D" section of the U.S. Sentencing Guidelines (the sentencing guidelines table is here: http://www.ussc.gov/2009guid/SENTNTAB.pdf ).

Under sec. 5C1.1(f) of the 2009 Federal Sentencing Guidelines, a defender with an offense level in "Zone D" must serve a minimum term of imprisonment (or, as the operative language puts it: "If the applicable guideline range is in Zone D of the Sentencing Table, the minimum term shall be satisfied by a sentence of imprisonment.").

Somebody's gonna get the chance to be a girlfriend rather than having one.
10 posted on 09/25/2010 6:49:08 AM PDT by Oceander (Tag. You're it.)
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To: libstripper

He’s probably a bit nervous after reading all the comments advising him “not to pick up the soap” while he’s serving his sentence...


11 posted on 09/25/2010 6:49:22 AM PDT by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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To: Texas Fossil
Defense attorney Wade Davies is appealing the then-20-year-old UT student's case to the 6th Circuit U.S. Court of Appeals.

His chances would be better if it were the 9th circus U.S. Court of Appeals.

12 posted on 09/25/2010 6:49:52 AM PDT by chainsaw ( 'You know that your landing gear is up and locked when it takes full power to taxi to the terminal)
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To: chainsaw
His chances would be better if it were the 9th circus U.S. Court of Appeals.

Yep, 9th Circus is insane.

13 posted on 09/25/2010 6:54:18 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: libstripper

An awful lot of money is being spent to avoid what amounts to a paltry sentence that is likely going to be adjudicated to probation anyway given a previously clean record. If he were smart, he’d keep his name out of the paper, accept the probation and quietly serve it without making headlines.


14 posted on 09/25/2010 6:55:30 AM PDT by Melas
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To: Texas Fossil

Did they explore the possibility that he was put up to it ?


15 posted on 09/25/2010 6:58:06 AM PDT by PLMerite (Fix the clock. It's time.)
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To: Oceander

When this first went down, Kernell appeared to have made a deal with the Feds to cooperate fully. Which he later failed to do.

The worst count he was convicted on was trying to hide the evidence of what he had done from the Feds by wiping his PC of the evidence.

He will probably do time. I doubt it will be in a general prison population. His father is a Dem POL.

Actions have consequences. On the web he basically admitted to trying to sabatoge Palin’s chances (with McCain) in the election. He said he did it to “get the goods on her”. He said some horrible things about her that are not based in any fact. It is obvious that he was brainwashed by the lefties involved in netroots and was trying to make a name for himself by slaying the enemy (Palin).

Sad that by his own actions someone this young is in this mess. But he did what he was charged with.


16 posted on 09/25/2010 7:02:13 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Leo Farnsworth

“...the kid has emotional problems and it is obvious that he does not have good judgement.”

So does Obama, but he was allow to become President.


17 posted on 09/25/2010 7:04:49 AM PDT by Kartographer (".. we mutually pledge to each other our lives, our fortunes, and our sacred honor.")
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To: PLMerite
Did they explore the possibility that he was put up to it ?

I am sure they did, but it appears he was trying to make a name for himself. I think he felt if he "got the goods" on Palin that the netroots and Obamanistas would applaud him. He felt this would give him a position of importance within that group. Sad, isn't it. Representing the "dark side" has consequences.

I thought exactly what you suggested early in this event. I did a technorati search of his name and the 3rd hit I got was a link to a video of David Plouffe about the campaign strategy. Later I was convinced that the link was found because of the common name "David" in the search. I took some heat when I posted the search address I used. Within an hour the search at technorati no longer gave that result. Someone noticed. Later I had e-mails "held for testing" (frozen & not delivered) by a Yahoo/ATT mail server on e-mails including a screen capture of the search results. (note- This was before the elections)

18 posted on 09/25/2010 7:10:55 AM PDT by Texas Fossil (Government, even in its best state is but a necessary evil; in its worst state an intolerable one.)
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To: Texas Fossil
the kid has emotional problems and it is obvious that he does not have good judgement

Emotional problems? Oh dear.
He walks.

19 posted on 09/25/2010 7:11:20 AM PDT by Genoa (Put the kettle on!)
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To: Texas Fossil
It is a bit tragic; on the other hand, however, one of the most important lessons anyone can learn in life is that actions have consequences. Hopefully he'll take that away with him from this experience.


20 posted on 09/25/2010 7:13:44 AM PDT by Oceander (The phrase "good enough for government work" is not meant as a compliment)
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