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View Diary: Why Ferguson Incident Report Unlawful & How Obtained (190 comments)

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  •  I don't think so (9+ / 0-)

    If he can't fill out the incident report because of his risk of being criminally charged, he can and should simply be fired  or otherwise disciplined for being unable/unwilling to discharge his duties as a police officer.

    Government agents should not be able to claim the 5th Amendment when it comes to execution of their official duties. It was his duty to fill out that incident report. If he can't do it, disciplined or fired.

    (-5.50,-6.67): Left Libertarian
    Leadership doesn't mean taking a straw poll and then just throwing up your hands. -Jyrinx

    by Sparhawk on Mon Aug 25, 2014 at 01:33:20 PM PDT

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    •  Correllary (4+ / 0-)

      I'm fairly sure that current law requires CFOs to sign their financial reports, despite the fact that doing so increases their risk (at least on paper) of being charged with a financial-related crime sometime in the future.

      A CFO can't just say "I'm not signing that: I could be charged with a crime based on my signature sometime in the future" (note: this is a risk even if you are perfectly innocent).

      If they tried that, the corporation that hired them would simply fire outright, and justifiably so, since signing these papers is their job.

      The same goes for police officers (even more so since they are in a position of public trust).

      (-5.50,-6.67): Left Libertarian
      Leadership doesn't mean taking a straw poll and then just throwing up your hands. -Jyrinx

      by Sparhawk on Mon Aug 25, 2014 at 01:50:14 PM PDT

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    •  It seems like the failure to (2+ / 0-)
      Recommended by:
      white blitz, colbey

      write the report the first day is obstruction of justice. How can they even have a grand jury when the officer in question never wrote down what happened from his point of view?

      The only foes that threaten America are the enemies at home, and those are ignorance, superstition, and incompetence. - Elbert Hubbard -9.62/-8.15

      by GustavMahler on Mon Aug 25, 2014 at 05:14:07 PM PDT

      [ Parent ]

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