Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

The Velveteen Ocelot

(129,838 posts)
41. Oh, hell, I know that.
Wed Nov 6, 2019, 07:51 PM
Nov 2019

I'm a retired lawyer who once taught constitutional law, so I know very well that they'd have to prove intent. My shorthand comment was intended only to point out that there seems to be quite a bit of evidence, from many statements made by Trump and various members of Congres that the GOPers' desire to disclose the whistleblower's name was for the purpose of discrediting and disparaging him. If that isn't retaliation I don't know what is.

BTW, the 4th Amendment has only to do with unreasonable searches and seizures; the 5th Amendment covers double jeopardy, the right to confront witnesses and due process, but doesn't address the standard of proof. Proof beyond a reasonable doubt has always been required in criminal cases under common law, but it wasn't until in re Winship in 1970 that the Supreme Court held that it is a constitutional requirement of due process.

Recommendations

0 members have recommended this reply (displayed in chronological order):

FU*K Jr.,.. Junior just put the "whistleblower" in grave danger. Junior should be arrested. Stuart G Nov 2019 #1
he put *someone* in grave danger 0rganism Nov 2019 #4
worse yet DENVERPOPS Nov 2019 #12
an entire nation held hostage to an insatiable ego 0rganism Nov 2019 #13
And worse yet DENVERPOPS Nov 2019 #15
this impacts more than whistleblowers 0rganism Nov 2019 #17
STumpys kids would be like fish out of the water.. Maxheader Nov 2019 #11
Totally agree and the issue about taking the rusky dirt meeting. It led to this! MartyTheGreek Nov 2019 #25
So did he simply parrot it or did he confirm it? If he simply parroted it then its nothing but if he cstanleytech Nov 2019 #2
It would definitely be a crime by whoever gave Turd Jr the name. lagomorph777 Nov 2019 #8
Unfortunately, according to the experts in this area, divulging the whistleblower's identity isn't onenote Nov 2019 #18
Maybe it's not a crime just to disclose the name, but what if disclosing the name The Velveteen Ocelot Nov 2019 #26
You would have to prove "intent".... AncientGeezer Nov 2019 #29
Of course; but it seems pretty obvious. The Velveteen Ocelot Nov 2019 #30
I don't recall.."but it seems pretty obvious" as a standard for AncientGeezer Nov 2019 #32
Oh, hell, I know that. The Velveteen Ocelot Nov 2019 #41
I know what the 4th means/says..as well as the 5th. AncientGeezer Nov 2019 #42
No. I'd go into court with evidence supporting every element of the offense. The Velveteen Ocelot Nov 2019 #43
You're on the wrong track jberryhill Nov 2019 #45
Yes. I looked up the statute earlier. The Velveteen Ocelot Nov 2019 #46
Hence the use of the term "convention" in the OP. n/t Igel Nov 2019 #31
No it wouldn't be AncientGeezer Nov 2019 #28
"[The Whistleblower Protection Act] provides no protection. It's the worst-named statute..." lagomorph777 Nov 2019 #48
if a democrat did something like this , ohm my goodness. jaumpain jehosapahat AllaN01Bear Nov 2019 #3
Every year a lot of classified and confidential things get leaked. Igel Nov 2019 #33
If anything happens to the person he named, whether they are the whistleblower or not, Arkansas Granny Nov 2019 #5
Any Federal employee doing this would be committing a crime. lagomorph777 Nov 2019 #6
See post 18 onenote Nov 2019 #19
You could argue that the disclosure itself is a form of retaliation. The Velveteen Ocelot Nov 2019 #27
The statute, unfortunately, has no teeth. The Velveteen Ocelot Nov 2019 #44
LOCK HIM UP!!! 40 YEARS HARD LABOR IN JAIL FOR JR. trueblue2007 Nov 2019 #7
For???? It's not a crime AncientGeezer Nov 2019 #35
I guess Junior is just as stupid as his father... Stuart G Nov 2019 #9
This message was self-deleted by its author AncientGeezer Nov 2019 #34
It's all just smoke and mirrors. It makes no difference at all who the whistleblower is. Nitram Nov 2019 #10
Not to thinking folks; but having a Dem scapegoat provides continuation of the witch hunt narrative. JudyM Nov 2019 #20
The minions really don't care what he does. Nitram Nov 2019 #21
Yep, they just need some colorable justification, however strained. Saw one of his minions asked JudyM Nov 2019 #38
Must be something in the water that produces these Trump Mutants.They have no values, no principles, Nitram Nov 2019 #39
. JudyM Nov 2019 #40
Yea because Trust fund brats are all above the law. pwb Nov 2019 #14
The name's been out on the internet Raine Nov 2019 #16
It has.... AncientGeezer Nov 2019 #36
Junior could've broke federal law by doing this sakabatou Nov 2019 #22
No...actually not. AncientGeezer Nov 2019 #37
The storm is already here. Who cares who forecasted it? elias7 Nov 2019 #23
Really need a snowstorm here . . . Aussie105 Nov 2019 #24
Its his brother olddad65 Nov 2019 #47
Latest Discussions»Latest Breaking News»Impeachment: Trump's son ...»Reply #41