Posted on 01/21/2018 11:49:50 AM PST by billorites
Oh well nothing can be done now, no use crying over spilt milk.
Spoliation is defined as the intentional destruction, mutilation, alteration, or concealment of evidence. In practice, however, the definition of spoliation has been expanded to include the unintentionaland even negligentdestruction of evidence. Courts have expanded the definition because they recognize that lost or destroyed physical evidence is often the most eloquent impartial witness to what really occurred .
For that reason, pursuant to the Federal Rules of Civil Procedure and the courts inherent power and authority to control litigation, the courts need not find that the spoliator acted in bad faith before imposing sanctions, especially in criminal cases. Rather, courts should only consider evidence of bad faith in determining the severity of sanctions.
Courts have recognized that it is incredibly unfair to the party seeking the evidence to allow the spoliators to destroy evidence and then benefit from their conduct. Not surprisingly, the judiciarys abhorrence of spoliation is very well established. In fact, courts confronted the issue of spoliation as early as 1722.
In Armory v. Delamirie, an English court elucidated the doctrine of spoliation for the first time when the court allowed the plaintiff to bring an action in trover against a jeweler who had spoliated a jewel. In sanctioning the spoliator, the judge instructed the jury that unless the defendant produced the jewel and was able to prove its low quality, the jury was to presume the jewel was of the finest quality and damages should be determined accordingly.” In so doing, the judge there established the spoliation doctrine that has guided many subsequent evidentiary decisions. Unfortunately, many of the more recent evidentiary decisions in the United States regarding spoliatated evidence deviate from the spirit of this early decision. Specifically, a majority of jurisdictions hold that spoliators of evidence need not be sanctioned unless the party seeking the evidence can demonstrate that the spoliator(s) acted in bad faith in failing to preserve the evidence in question.
Fire the top three management tiers, fire or mando-retire any field guys over 25 years, fire all field guys hired within the past 5 years and rebuild with what is left...
They are obligated to when they are employees of an official U.S. federal Agency!
Unless they decide to go rogue.
Then all bets are off!
Treason?
Sedition?
Take your pick.
18 U.S. Code § 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
(Added Pub. L. 107204, title VIII, § 802(a), July 30, 2002, 116 Stat. 800.)
Not hung... hanged.
OBSTRUCTION OF JUSTICE
One is GB internal, the other Foreign intelligence.
Been a while since I checked which is which...
WASHINGTON The special counsel, Robert S. Mueller III, removed a top F.B.I. agent this summer from his investigation into Russian election meddling after the Justice Departments inspector general began examining whether the agent had sent text messages that expressed anti-Trump political views, according to three people briefed on the matter.
The agent, Peter Strzok, is considered one of the most experienced and trusted F.B.I. counterintelligence investigators. He helped lead the investigation into whether Hillary Clinton had mishandled classified information on her private email account, and then played a major role in the investigation into links between President Trumps campaign and Russia.
But Mr. Strzok was reassigned this summer from Mr. Muellers investigation to the F.B.I.s human resources department, where he has been stationed since. The people briefed on the case said the transfer followed the discovery of text messages in which Mr. Strzok and a colleague reacted to news events, like presidential debates, in ways that could appear critical of Mr. Trump.
Obviously Strzok was removed from the Trump Russian witch hunt because of the text messages and now they are saying they do not have them? They didn't expect Mueller's investigation to get exposed for the witch hunt it is. They didn't expect Congress to investigate the corrupt investigators. It's blowing up in their face. This story is going to blow up. This along with making the memo public are going to shut down the witch hunt investigation. The FBI HR department needs to be investigated now, seize their computers. What text messages were send from Mueller to the FBI HR department? Bet Mueller is on some of those missing texts.
So Strzok would be guilty of both Obstruction of Justice and Spoliation of Evidence?
There is no evidence that he destroyed the texts or paid/instructed someone to destroy them.
However, there needs to be an investigation on what happened to the missing texts, who destroyed the texts, etc. ... Investigate F B I HR department. Find out what HR has access to, etc.
Spoliation is defined as the intentional destruction, mutilation, alteration, or concealment of evidence. In practice, however, the definition of spoliation has been expanded to include the unintentionaland even negligentdestruction of evidence.
Courts have expanded the definition because they recognize that lost or destroyed physical evidence is often the most eloquent impartial witness to what really occurred .
Destruction of evidence. Hang every one of them. No effing job, no effing pension. Ticket to Leavenworth.
Well yes, yes they can and just watch, they will.
They ‘can’ but the ‘will’ is yet to be seen. Because this is treason and not a misdemeanor level of bad judgment and misunderstanding.
Look what’s coming out:
http://www.freerepublic.com/focus/news/3624588/posts?page=445#445
No way these people walk. They may be lucky to be alive after this makes it way through history.
This SH*T is frickin HUGE!
How many other FBI agents’ text messages are missing for this period; all of them or just the agents in question?
The cellular carrier doesnt have them, either?
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