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PostPosted: Thu Nov 05, 2009 4:30 pm 
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Evil Bastard™
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Location: Doomstadt, Latveria
Khross wrote:
What's the defense for the Obama Administration on this one?
Aizle:

That perhaps you should answer the question asked, instead of making a ludicrous straw-man and employing a tu quoque fallacy you can't even remotely substantiate. How is Kagan's response a defensible position for the Obama Administration? What is the defense for that legal position?

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Corolinth wrote:
Facism is not a school of thought, it is a racial slur.


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PostPosted: Thu Nov 05, 2009 4:32 pm 
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I have no idea, the detail behind their position wasn't made clear in the article. Perhaps that question would be better posed to the Obama Administration instead of me.


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PostPosted: Thu Nov 05, 2009 4:37 pm 
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Aizle:

The Solicitor General filed a brief in direct conflict with the First Amendment. Exactly what more do you need to know?

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Corolinth wrote:
Facism is not a school of thought, it is a racial slur.


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PostPosted: Thu Nov 05, 2009 4:40 pm 
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In reading all the information, some opinions and thinking about the system, my opinion is that they Supreme Court will uphold the decision of the lower court and vacate the immunity of the two prosecutors with the ultimate outcome being that actions prior to the commencement of trail are no longer considered protected due to the prosecutor being present in court, but that performance of his duties during trial will still be protected from civil suits, and rightfully so, but not criminal charges.

Actions committed outside of the trail will be open to civil suits should wrong doing be proven.

That equalizes the liabilty exposure between an attorney working on the case but not presenting it as well as police officers working the case, and protects the prosecutor from performing his legal duty, where he/she is caught in a catch 22, and is therefore provided the same protections as the defense attorney.


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