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View Diary: Tsarnaev Presumed Guilty: Government Leaks Ill-Gotten Incriminating Statements (180 comments)

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  •  What about the "Fruit from a poisenous tree" (2+ / 0-)
    Recommended by:
    gerrilea, fladem

    Can evidence found based on improper questioning be used against him or anyone else?

    "Perhaps the sentiments contained in the following pages, are not YET sufficiently fashionable to procure them general favour..."

    by Buckeye Nut Schell on Fri May 03, 2013 at 07:58:50 AM PDT

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    •  It seems that is quickly becoming the standard (3+ / 0-)

      in this nation.

      See Bush & Cheney "enhanced interrogation".

      -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

      by gerrilea on Fri May 03, 2013 at 08:20:54 AM PDT

      [ Parent ]

    •  No. (2+ / 0-)
      Recommended by:
      Buckeye Nut Schell, jeff in nyc

      The bitter truth of deep inequality has been disguised by an era of cheap imported goods and the anyone-can-make-it celebrity myth - Polly Toynbee

      by fladem on Fri May 03, 2013 at 08:40:30 AM PDT

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    •  Not implciated here (0+ / 0-)

      as it's a 5th not a 4th amendment protection, as has been explained to you.  If the PSE doesn't apply (either by its terms or because of the request for counsel),  his statements couldn't be used against him, but they could against other people; they could be used for impeachment if he takes the stand at trial; and physical or documentary evidence discovered as a result of the non-mirandized statements can also be used.

      Difficult, difficult, lemon difficult.

      by Loge on Fri May 03, 2013 at 11:32:03 AM PDT

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      •  Thanks for the response...again. (0+ / 0-)

        Was the condescension really necessary though?

        as has been explained to you
        I made a statement about this on a different thread and you corrected me.  I appreciated your response and if I am not mistaken, I think I rec'ed it.  It is not like we had some argument about it or even a disagreement.

        I didn't realize that once you, someone who I do not know, answered a question, it would be some kind of affront for me to pose a similar question to a lawyer who I have followed for years and who I have a great deal of respect for.  

        Next time I will try to remember your impressive status and impatience with having to repeat yourself so you will not have to explain it to me again.  I am kind of slow like that.

        "Perhaps the sentiments contained in the following pages, are not YET sufficiently fashionable to procure them general favour..."

        by Buckeye Nut Schell on Fri May 03, 2013 at 12:36:05 PM PDT

        [ Parent ]

        •  fair enough (1+ / 0-)
          Recommended by:
          Buckeye Nut Schell

          i was more annoyed that it seemed to elicit blatantly incorrect responses from people who assumed the answer is different without examining it.

          Difficult, difficult, lemon difficult.

          by Loge on Fri May 03, 2013 at 12:45:56 PM PDT

          [ Parent ]

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