Author Topic: Merrick Garland  (Read 1723 times)

ccp

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Merrick Garland
« on: March 14, 2021, 09:50:15 AM »


Crafty_Dog

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Re: Merrick Garland
« Reply #2 on: July 15, 2024, 08:22:44 PM »
Interesting question presented about the term "expunged".  If she has to bring it up, how is it expunged?

Body-by-Guinness

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Re: Merrick Garland
« Reply #3 on: July 15, 2024, 08:45:41 PM »
Interesting question presented about the term "expunged".  If she has to bring it up, how is it expunged?

Expunged in the legal sense, or expunged in the someone destroyed the record sense? Dems are generally all about championing the victims of domestic violence and indeed many have lost their firearms rights over misdemeanor domestic complaints; how then does a DOJ nominee have her record disappeared? Can she legally purchase a gun? If she does and uses it against a domestic partner who all is culpable for that crime?

Crafty_Dog

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Re: Merrick Garland
« Reply #4 on: July 16, 2024, 06:08:59 AM »
Here is my understanding.

A judge can rule that if a defendant stays out of trouble for a certain time period (e.g. a year) then his record will be expunged.

Doesn't that mean as a matter of law, it "never happened"?

Body-by-Guinness

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Re: Merrick Garland
« Reply #5 on: July 16, 2024, 11:14:45 AM »
Here is my understanding.

A judge can rule that if a defendant stays out of trouble for a certain time period (e.g. a year) then his record will be expunged.

Doesn't that mean as a matter of law, it "never happened"?

I don’t think there is background enough in the piece provided to have an informed response. We’ve got a US Senator that thinks she lied, and presumably he has the staff and resources to support that conclusion, and I think in the real world where, had an average citizen cut up her husband, that citizen would not be able to claim, under oath, she had not, and given the “Progressive” penchant to find crimes well after the fact that likely didn’t occur ala Kavanaugh, and studiously ignore actual crimes that did occur ala Hunter Biden’s (and family members), I’m not much inclined to give the DOJ appointee the benefit of the doubt, though I certainly don’t demand that you come to my conclusion.

You appear to want to make a semantic argument based on legal constructs, while I’d prefer to hold a “Progressive” to the standard she’d doubtless hold a Republican were the shoe on the other foot. Not sure if that circle will be squared and indeed don’t understand the goal here. If you feel Cotton got it wrong and hence I should delete the piece, do the research and demonstrate that a case of violent domestic abuse is no longer legally relevant, and then extrapolate that Senator Cotton has no right to expect his question to be answered accurately and honestly, particularly as Democrats would demand just that of a Republican appointee appearing before them. Beyond that I can’t see a reason to belabor the point and certainly hope all posts won’t be held to a similar “yes but” standard.
« Last Edit: July 16, 2024, 12:35:44 PM by Body-by-Guinness »

Crafty_Dog

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Re: Merrick Garland
« Reply #6 on: July 16, 2024, 03:11:18 PM »
That comes across as a bit "touchy". 

No one's talking about deletions.

"Semantic approach based upon legal constructs"?   But of course!  We are dealing with The Law here-- haha.

Body-by-Guinness

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Re: Merrick Garland
« Reply #7 on: July 16, 2024, 04:21:42 PM »
Well the first and second response isn’t touchy, but by the third lap around the track it feels as though you are calling my judgement into question, while I feel the way Dems dogpiled Kavenaugh, for one, more than demonstrates how they’d approach the topic. Were they to complain I’d suggest they don’t dish it out if they don’t want to deal with it.

Put it this way: if I was teaching a concealed carry class and a student announced she had been convicted of a violent domestic assault with a weapon, though it had been expunged so no matter I’d ask her to leave class and refund her class fee as I don’t want to carry the weight of assisting someone with a record of poor judgement when it comes to anger management and weapons to now be able to carry a firearm in public. If that makes me some sort of expungement bigot that’s weight I’d prefer to bear given the potential alternative.

Crafty_Dog

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Re: Merrick Garland
« Reply #8 on: July 16, 2024, 08:33:22 PM »
Please do relax!

As you've seen before haha I'm just in nitpick lawyer mode.

You used the term perjury, which is the term for a felony.  Do we agree that ambiguity in the meaning of a term of a felony statute presents issues in the validity of the statute?

Your example about teaching at the gun range is not on point with this.

See?  I'm just being a PITA LINO.

Breathe, breathe, breathe , , ,

Body-by-Guinness

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Re: Merrick Garland
« Reply #9 on: July 16, 2024, 09:11:48 PM »
No nitpicky lawyer dearest, Cotton used the term perjury, and it was the most significant element of the piece so newswriting trained me placed it in the header as it is indeed the lede. What is it with people assigning the content of the piece to the person posting it? In circles where “whataboutism” is considered a legit fallacy of argument I’m not surprised to encounter that sort of conflation, but here? As geriatric Joe would say, c’mon pal….

I care not at all what relevance you assign my concerns particularly as these exchanges seem more about gamesmanship while producing little illumination along the way. With that said, I would not trust someone to run a federal civil rights division that I would not trust to run a gun. Your feelings about that and five bucks will buy you a soy latte at Starbucks.

My breathing is just fine, though my arthritis makes me cranky, especially when running laps ‘round a circular track with an indistinct finish and nothing of value likely to be found at the end.

Crafty_Dog

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Re: Merrick Garland
« Reply #10 on: July 17, 2024, 06:29:23 AM »
Well that was unexpectedly unpleasant. 

Moving on.