Comments by "Stephen Villano" (@spvillano) on "Steve Lehto"
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I was denied housing by a realtor who relied upon some commercial background check service that entirely fails in due diligence. Worse, she decided to tell me of the denial at high volume, across a crowded busy office, then when I objected, continue her justification at high volume, attempting for maximum embarrassment.
The reason, "You have a record". My objection, "I hold a security clearance, the US government isn't in the habit of issuing security clearances to criminals". The crime, I inherited property from my father, who hoarded construction supplies and right after inheriting the property, I was fined over it. The court immediately dismissed the charge and that was the end of it.
By the time I left, I was quite irritated. So, it being a military town and I being retired military, expressed a grave concern with the local base command over the risk to our service members morale and welfare, due to that business' practices. The business was promptly blacklisted by post housing and the business declared off limits to military personnel.
For some odd reason, said business had grave difficulties in finding rental customers, what with losing 85% of their clientele.
To morons, a dismissed case is equal to a conviction, "because you were accused". Sorry, by McCarthy is long dead, he drank himself to death after losing office, after losing faith and trust with his unamerican activities.
And I do willingly admit to a character flaw. I am a very, very, very vindictive man.
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@themidsouthcyclist8880 not totally garbage, we still see people getting arrested for trying to trade nuclear weapons designs.
But, the onus is great before the court will countenance prior restraint beyond matters of national security.
Here, there's a different issue and given the accused declined to appear before the court, a summary judgement was issued for violations of the Copyright Act, as well as several communications and computer crime acts.
But, the court exceeded jurisdiction into international realms when ordering the take-down of any .tv domain, which belongs to the sovereign nation of Tuvulu. I'm also dubious of a national order, as well as the significant onus of requiring significant labor and equipment being provided with no compensation of the independent ISP businesses, as well as the order going far beyond the jurist's district and circuit.
Or we could go to war with Tuvulu and have the US Navy report back that they couldn't find the island. ;)
That last is a joke, as courts cannot order us to go to war, that belongs to Congress or an emergency use of force declaration by the POTUS and authorized by Congress under the War Powers Act.
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@Sartre_Existentialist the courts said otherwise, that it was never legal, as it can never be legal for a mere law or Act to overturn the Constitution.
Otherwise, we'd literally no longer have a Constitution or government. Laws are empowered under the Constitution, not the converse.
If a state passed a summary execution law and immediately enforced police extrajudicial executions in the street, the state would still end up liable for the violations of citizens rights when challenged for damages by the executed parties families and estates. Your claim of an affirmative defense is, "well, despite it being unconstitutional and hence invalid, it was legal" and being invalid, it's by definition born unlawful due to its unconstitutionality.
When considering rights, it's sometimes easier to substitute another right in the place of the one one is arguing over. In the above example, substituting property for life, both being inherent right to possess things.
I've used it in second amendment arguments, where some insist that that right, "like all rights" is unrestricted, so I substituted free speech and showed a half dozen common limitations upon the right of free speech, including no right to engage in sedition, conspiracy, fraud and defamation, to name a few I'd start out with.
They usually depart the field with "your a commie". Apparently, Constitutionalists being communists in their odd world view.
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It'd be viable for a business where I am, the Middle District of Pennsylvania, to write the judge and politely tell him to pound sand, as we're not under his or her jurisdiction and hence, the order is null and void in our circuit.
It comes down to jurisdiction, this only holds for those under the jurisdiction of the 2nd circuit at best, SDNY at minimum.
Even if they were under the jurisdiction, the costs in man hours would be fairly significant and they don't control the top level domain controllers, of which there are currently 1589, most of which are foreign or in the US, still outside of that circuit and district. So, there are several options available to someone under the jurisdiction of the court. Comply as they can and risk contempt, shut down operations or refuse to comply due to the labor cost being insanely high, as they'd need to build their own Great Firewall of China to block the traffic ordered blocked. Even backbone providers couldn't quite manage compliance with that order without literally breaking the internet and putting thousands of man hours and millions of dollars in equipment in place just to comply with that order.
Which means, next month, as today, I can easily still access that site that I've never heard of.
And despite multiple national courts orders, Pirate Bay still is around, under at least a dozen top level domains that are outside of the authority of those courts.
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So, the defense attorney is still in prison? Nobody did anything about it, so there won't be a trial that Steve talked about, right?
Or do you mean that nobody showed up with a militia and machine gunned everyone concerned down?
Here's a life lesson for you. You can do things a fast and easy way and they'll fall apart every time or one can do things the right way, which takes time and effort and those things will be lasting.
And things with courts take time. First, the trial of the accused has to be completed, then the defense attorney has to have his trial, then if acquitted in the latter, the misbehavior of the jurist then is reported up to the superior courts as appropriate for disciplinary action.
No magical thunder from above, no Harry Potter waving his fuck stick, but a step by step legal process that is properly followed at every step, in deliberate and sober actions.
Otherwise, we don't have the rule of law, we have the lawlessness of the mob.
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Got slammed with a debit card fraud ring when I hit the Harrisburg area. Turned out the tools went and got keys to all the gas station dispensers and installed their own card readers inside.
They now have a nice place to stay, three squares a day and secure sleeping quarters with fine steel bars.
Took two weeks and spare change to fix my account, went a bit hungry for a bit.
As for getting carded, been there, done that. I'm 61, so I'm, erm, turning blonde. ;)
Getting carded is rather comical now. Never got carded when I was 16, so go figure.
But, fines are real and stores are sensitive about self inflicted injuries.
Annoyances happen in life. Just talk to your kids. :P
Can't talk to my wife, she died last year after 41+ years of CMH winning duty.
Yeah, I'm a veteran, who isn't of our generations?
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