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What a farce! - George's journal
May 25th, 2017
02:52 pm

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What a farce!

<< A Virginia-based federal appeals court blocked the Trump administration's controversial travel ban ...

“We remain unconvinced [the ban] has more to do with national security than it does with effectuating the President’s promised Muslim ban," the court said. >>

WTF? Since when does somebody have to convince a court of their innocence?!?! Moreover, since when do the courts judge intentions of actions rather than whether the actions contain something illegal?!?!

http://www.foxnews.com/…/trump-travel-ban-blocked-by-va-bas…

BTW, this is very much related to the position of people like Josh Marshall and David Frum, who lament the fact that investigations of Trump will be looking for crimes that he did not commit, and thus he will remain unpunished for politics that is not illegal but is not liked by the left. These people really want law and order to be a tool for persecution of their political opponents:

"The simple point is that the most important ‘bad acts’ may well not be crimes.That means not only is no one punished but far, far more important, we would never know what happened."

https://www.the-american-interest.com/…/after-mueller-trum…/

This entry was originally posted at http://whocares1970.dreamwidth.org/769977.html.

(6 comments | Leave a comment)

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From:misha_b
Date:May 25th, 2017 08:54 pm (UTC)
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I am not an expert on law, but courts judge intentions all the time:

https://en.wikipedia.org/wiki/Intention_%28criminal_law%29
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From:whocares1970
Date:May 25th, 2017 09:05 pm (UTC)
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If a crime has been committed, then intent does matter. However, the intent itself is not enough to make an action illegal if it is not illegal otherwise.
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From:misha_b
Date:May 26th, 2017 12:29 am (UTC)
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Are you sure? I thought interpreting intent was rather common in law, but again I am not an expert.
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From:whocares1970
Date:May 26th, 2017 12:00 pm (UTC)
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I am pretty sure that you cannot be punished by a court for doing something that is not illegal - not in a normal country anyway.
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From:misha_b
Date:May 26th, 2017 12:42 pm (UTC)
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But the intent itself can be illegal. For example conspiracy to commit a murder is a crime even if no actual murder is committed.
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From:whocares1970
Date:May 26th, 2017 12:49 pm (UTC)
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There is a difference. A murder is a crime. There is no controversy here. Regulating who is allowed into the country is not. Here is an analogy. Suppose I do not like Muslims and erect a fence around my property to keep them out. My intentions do not matter since erecting a fence is not a crime. Even if I them decide to let some people in, selectively, on whatever grounds.

BTW, speaking of conspiracy to commit a murder. I understand that simply dreaming about murdering somebody is not enough to get convicted. One would need to actually make some steps toward it.

And yet another BTW, though it goes somewhat beyond my main point - do you realize that even if Trump plainly said that he intends to deny visas to Muslims who are not US citizens there would be nothing illegal in it?
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