The Pronk Pops Show 872, April 12, 2017, Story 1: Seal Team 6 Training in South Korea For Mission To “Incapacitate” Kim Jong-Un in North Korea! — Videos — Story 2: Flying The Not So Friendly Skies of United — Public Relations Disaster — How Not To Treat Your Paying Passengers — Videos

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Seal Team 6 Training in South Korea For Mission To  “Incapacitate” Kim Jong-Un  in North Korea! — Videos

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Navy SEAL team responsible for killing Osama bin Laden ‘is training alongside troops in South Korea preparing to “incapacitate” Kim Jong-un

  • USS Carl Vinson arrived at the southern port of Busan, in South Korea, to join the annual joint military exercise
  • South Korea military source says heightened presence is part of plan to decapitate North Korean leadership
  • Pyongyang has long condemned the annual joint drills – called Foal Eagle – between South Korea and the US
  • Tensions have escalated with missile launches from North and assassination of Kim Jong-Un’s half-brother 

A US Navy unit which killed Osama Bin Laden will be taking part in drills simulating removing North Korean despot Kim Jong-un from power.

The Special Warfare Development Group, best known as SEAL Team 6, will carry out drills in South Korea, the country’s Ministry of National Defense has revealed.

It is the team which carried out Operation Neptune Spear, the killing of the Al-Qaeda leader in Pakistan back in May 2011.

The Navy SEAL team is responsible for the killing of Osama Bin Laden in Pakistan in May 2011

The Navy SEAL team is responsible for the killing of Osama Bin Laden in Pakistan in May 2011

It will be taking part in exercises aimed at removing North Korean despot Kim Jong-un from power

It will be taking part in exercises aimed at removing North Korean despot Kim Jong-un from power

An aircraft carrier, the USS Carl Vinson, will arrive in South Korea today, The Japan Times reports, along with US Army unit Delta Force, which specialises in counterterrorism operations.

It comes a day after US President Donald Trump said North Korea was ‘looking for trouble’ following missile tests, and vowed the United States would ‘solve the problem’ with or without China’s help.

Pyongyang has reacted angrily to the impending arrival of the aircraft carrier, warning of ‘catastrophic consequences’.

It comes after US President Donald Trump said North Korea was 'looking for trouble', and vowed the United States would 'solve the problem' with or without China's help

It comes after US President Donald Trump said North Korea was ‘looking for trouble’, and vowed the United States would ‘solve the problem’ with or without China’s help

The move is part of a growing US presence off the Korean Peninsula, and is reportedly part of a plan aimed at ‘incapacitating’ Kim Jong-Un‘s regime should conflict break out.

A nuclear-powered US aircraft carrier arrived in South Korea last month for joint military exercises in the latest show of force against the North.

More than 80 aircraft, including the fighter aircraft F/A-18F Super Hornet, the E-2C Hawkeye and the carrier-based EA-18G Growler were on board the supercarrier.

South Korea’s Yonhap News Agency claims the heightened military presence is part of a plan to decapitate North Korean leadership.

It claims a military official, who wished to remain anonymous, said: ‘A bigger number of and more diverse U.S. special operation forces will take part in this year’s Foal Eagle and Key Resolve exercises to practice missions to infiltrate into the North, remove the North’s war command and demolition of its key military facilities.’ 

More than 80 aircraft, including the fighter aircraft F/A-18F Super Hornet (at the front of the carrier), the E-2C Hawkeye and the carrier-based EA-18G Growler (in the middle) are on board the super carrier

More than 80 aircraft, including the fighter aircraft F/A-18F Super Hornet (at the front of the carrier), the E-2C Hawkeye and the carrier-based EA-18G Growler (in the middle) are on board the super carrier

The USS Carl Vinson approaches Busan port in South Korea to join the annual joint military exercise called Foal Eagle

The USS Carl Vinson approaches Busan port in South Korea to join the annual joint military exercise called Foal Eagle

The aircraft carrier and a US destroyer carried out naval drills including an anti-submarine manoeuvre with South Koreans in waters off the Korean peninsula as part of the annual Foal Eagle exercise.

Washington insisted they are purely defensive in nature.

Rear Admiral James Kilby, commander of USS Carl Vinson Carrier Strike Group 1, said: ‘The importance of the exercise is to continue to build our alliance and our relationship and strengthen that working relationship between our ships.’

The US has also started to deploy ‘Gray Eagle’ attack drones to South Korea, a military spokesman revealed last month.

The nuclear-powered aircraft carrier is taking part in South Korea-U.S. joint military maneuvers carried out in the largest scale yet, with North Korea's growing nuclear and missile threats in focus

The nuclear-powered aircraft carrier is taking part in South Korea-U.S. joint military maneuvers carried out in the largest scale yet, with North Korea’s growing nuclear and missile threats in focus

South Korean and US troops began the large-scale joint drills on March 1.

The spike in tensions concerned Beijing, with China’s Foreign Ministry calling on all sides to end ‘a vicious cycle that could spiral out of control.’

North Korea, which has alarmed its neighbours with two nuclear tests and a string of missile launches since last year, said the arrival of the US strike group was part of a ‘reckless scheme’ to attack it.

The North Korea’s state KCNA news agency said: ‘If they infringe on the DPRK’s sovereignty and dignity even a bit, its army will launch merciless ultra-precision strikes from ground, air, sea and underwater.

‘On March 11 alone, many enemy carrier-based aircraft flew along a course near territorial air and waters of the DPRK to stage drills of dropping bombs and making surprise attacks on the ground targets of its army,’ KCNA said.

Last month, North Korea fired four ballistic missiles into the sea off Japan in response to annual US-South Korea military drills, which the North sees as preparation for war.

The murder in Malaysia last month of North Korean leader Kim Jong Un’s estranged half-brother has added to the sense of urgency to efforts to get a grip on North Korea.

Visiting the headquarters of an army unit early this month, Kim praised his troops for their ‘vigilance against the US and South Korean enemy forces that are making frantic efforts for invasion’, according to the North’s official KCNA news agency.

Kim also ordered the troops to ‘set up thorough countermeasures of a merciless strike against the enemy’s sudden air assault’, it said.

The threat represented by North Korea’s growing nuclear and missile arsenal is the main reason for his trip to the region.

An F/A Super Hornet fighter jet takes off from the nuclear-powered USS Carl Vinson aircraft carrier

An F/A Super Hornet fighter jet takes off from the nuclear-powered USS Carl Vinson aircraft carrier

F/A Super Hornets and other fighter jets await takeoff aboard the nuclear-powered USS Carl Vinson aircraft carrier

F/A Super Hornets and other fighter jets await takeoff aboard the nuclear-powered USS Carl Vinson aircraft carrier

A U.S. F18 fighter jet lands on the deck of U.S. aircraft carrier USS Carl Vinson during the annual joint military exercise

A U.S. F18 fighter jet lands on the deck of U.S. aircraft carrier USS Carl Vinson during the annual joint military exercise

A U.S. Navy crew member works on a U.S. F18 fighter jet on the deck of USS Carl Vinson 

A U.S. Navy crew member works on a U.S. F18 fighter jet on the deck of USS Carl Vinson

A F18 fighter jet prepares for take off as part of the annual military drills in South Korea that the North regards as rehearsal for invasion

A F18 fighter jet prepares for take off as part of the annual military drills in South Korea that the North regards as rehearsal for invasion

South Korean and U.S. troops began the large-scale joint drills, which are billed as defensive in nature, on March 1 

South Korean and U.S. troops began the large-scale joint drills, which are billed as defensive in nature, on March 1

US Navy crew members look at an F/A-18 fighter from the deck of the Nimitz-class aircraft carrier USS Carl Vinson

US Navy crew members look at an F/A-18 fighter from the deck of the Nimitz-class aircraft carrier USS Carl Vinson

US Navy crew members run next to an E-2C Hawkeye as it lands on the deck of the USS Carl Vinson

The all-weather E-2 Hawkeye airborne early warning and battle management aircraft has served as the "eyes" of the U.S. Navy fleet for more than 30 years

The all-weather E-2 Hawkeye airborne early warning and battle management aircraft has served as the ‘eyes’ of the U.S. Navy fleet for more than 30 years

PLANES ON THE USS CARL VINSON

The aircraft carrier, commissioned in 1982, is the centerpiece of the 7,500-sailor strike group. The 100,000-ton ship measures 333 meters in length and 77 meters in width.

The Carl Vinson has been involved in a number of notable events including Operation Iraqi Freedom. The ship also received huge attention in 2011 when the body of Osama bin Laden was buried at sea from its deck.

More than 80 aircraft, including the fighter aircraft F/A-18F Super Hornet, the E-2C Hawkeye and the carrier-based EA-18G Growler are on board the supercarrier.

The F/A-18E/F Super Hornet is the U.S. Navy’s primary strike and air superiority aircraft.

The E-2C Hawkeye is the U.S. Navy’s primary carrier-based airborne early warning and command and control aircraft.

The EA-18G Growler is the U.S. Navy’s newest electronic attack aircraft intended to replace ageing EA-6B Prowlers in the service’s fleet.

As part of his plans to bolster the military, President Trump has vowed to expand the number of carriers the US fields from 10 to 12.

And he promised to bring down the cost of building three ‘super-carriers,’ which has ballooned by a third over the last decade from $27 to $36 billion.

US Navy crew members stand by an EA-18G Growler electronic warfare aircraft on the deck of the Nimitz-class aircraft carrier USS Carl Vinson

US Navy crew members stand by an EA-18G Growler electronic warfare aircraft on the deck of the Nimitz-class aircraft carrier USS Carl Vinson

The Carl Vinson Strike Group is participating in the annual joint Foal Eagle exercise between South Korea and the US

The Carl Vinson Strike Group is participating in the annual joint Foal Eagle exercise between South Korea and the US

The joint exercises involve tens of thousands of troops, as well as strategic US naval vessels and air force assets

The joint exercises involve tens of thousands of troops, as well as strategic US naval vessels and air force assets

http://www.dailymail.co.uk/news/article-4405000/US-Navy-SEALs-killed-Bin-Laden-target-Kim-Jong-un.html#ixzz4e612SBpg
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Story 2: Flying The Not So Friendly Skies of United — Public Relations Disaster — How Not To Treat Your Paying Passengers — Videos

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The Pronk Pops Show 714, July 7, 2016, Story 1: Congress Crosses Comey Clinton Crimes — Good vs. Evil, Law Abiding Citizens Intent To Do The Right Thing Vs Criminal Elites Intent To Cover up Crimes — Truth and Consequences — Videos

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James Comey Opening Statement 7/7/16 – oversight

Jason Chaffetz Digs in on Comey at Start of Capitol Hearing: ‘We Are Mystified and Confused’:

Jason Chaffetz opened up Thursday morning’s hearing with a scathing takedown of FBI Director James Comey‘s recent announcement that he would not be recommending charges to the Justice Department in the probe into Hillary Clinton‘s private server. “I’m here because we are mystified and confused,” opened Chaffetz, who is serving as the Chairman of the House Oversight Committee, “by the fact pattern that you laid out and the conclusions that you reached.” “It seems there are two standards,” he said, repeating the often-spoken line that the same charges against Clinton would result in punishment for other people. “This classified information is entrusted to a very few. But there is such a duty and an obligation to protect that — to fall on your sword to protect that.”
Comey said this week that while the former Secretary of State and her staff were “extremely careless” the the handling of sensitive materials, it did not fit the bill for “gross negligence,” the legal standard meaning a person consciously and voluntarily disregarded the need to use reasonable care http://www.mediaite.com/online/we-are…
Watch the above opening address from Jason Chaffetz via MSNBC.Jason Chaffetz GRILLS James Comey On Why No Charges For Hillary Clinton. Hillary Clinton Email Investigation FBI Director James Comey testified at a hearing on the FBI’s investigation into Hillary Clinton’s use of private email servers while serving as secretary of state, as well as the decision to not recommend criminal charges against her. When quizzed by Republican Congressman Jason Chaffetz during his Congressional testimony Thursday, FBI Director James Comey declined to answer whether or not he would grant Hillary Clinton a security clearance given what he now knows about how she handled classified information. “The FBI does background checks. If Hillary Clinton applied for the job at the FBI, would the FBI give Hillary Clinton a security clearance?” asked the Utah Republican.
“I don’t want to answer a hypothetical,” Comey responded, “The FBI has a robust process in which we adjudicate the suitability of people for employment in the bureau.” Chaffetz tried rewording his question, asking instead about a generic person who did what Clinton did. “It would be a very important consideration in a suitability determination,” Comey admitted. “You’re kind of making my point, Director,” Chaffetz said to intermittent laughter in the gallery. “The point being, because I injected the word ‘Hillary Clinton,’ you gave me a different answer.” He then proceeded to list off Clinton’s security failings: “If I came up to you and said this person was extremely careless with classified information, the exposure to hostile actors, had used, despite warnings, created unnecessary burdens and exposure, if they said they had one device and you found out they had multiple devices, if there had been e-mail chains with somebody like Jake Sullivan asking for classification changes, you’re telling me the FBI would grant a security clearance to that person?” “I’m not answering — I hope I’m giving a consistent answer,” Comey responded. “I’m not saying what the answer would be, I’m saying that would be a important consideration in a suitability determination for anybody.”
“Personally I just think that sounds a bit like a political answer because I can’t imagine that the FBI would grant security clearance to somebody with that fact pattern,” Chaffetz said to Comey. I say what I said before, it’s very hard to answer a hypothetical,” he replied.

Trey Gowdy GRILLS James Comey On Hillary Clinton Emails 7/7/16

Trey Gowdy GRILLS James Comey On Hillary Clinton Emails 7/7/16

FBI Director James Comey Testifies On Hillary Clinton Emails at House Oversight

If I had been as reckless with classified information as Secretary Clinton while at the CIA…

Rep. Jim Jordan (R-OH) Q/A with FBI Director James Comey

Did Hillary Clinton intend to break the law?

Will Hurd Recaps Hearing with FBI Director Comey

 

FBI Director James Comey Highlights From 7/5/16

Congressman Issa Says FBI Director Comey Is Lying About Hillary Clinton’s Criminal Intent!

LevinTV: Clinton and Comey

Rudy Giuliani calls out Jim Comey re Hillary Clinton investigation

James Comey and the FBI just LIED to the whole nation about Hillary Clinton

Judge Nap: Why the FBI Could Prove Hillary Violated Espionage Laws

FBI Director On Clinton: Reckless But Not Criminal

Pros and Cons of Trial

How can a prosecutor prove intent to commit a crime?

Peter Schweizer

Report: Longtime Hillary Clinton Aide Walked Out on FBI Interview

Trumps Hillary Killer! Miller Exposes Corruption that even Trump Won’t Touch!

Published on Jun 19, 2016

Trump uses others to help promote his message. Stephen Miller is one of the other voices that Trump is using. He delivers one of the best speeches I have ever heard. We all know that Trump is soon going to have a speech on the corruption of the Clinton’s. We now have a taste of what is about to come. Forget Bills’ sex scandals, they will pale in comparison to the utter hell Trump is about to unleash on both Hillary and Bill. The evidence is so overwhelming and well documented that there is almost no way the FBI won’t finally indict Hillary. You can tell from Trumps last few speeches that he is talking directly to FBI head Comey. Trump knows Comey wants to indict and he is basically telling him that he NEEDS to obey the law! This is going to be a real bloodbath!

Clinton Cash’ author responds to Clintons’ reaction to book

“Money and Politics” – Peter Schweizer

Enemy of the State 1998 – Will Smith

Psychological Warfare, Credibility

Trusted Surveillance Part 3/8 – Enemy of The State

Comey on Capitol Hill

Comey challenges truthfulness of Clinton’s email defenses

07/07/16 11:10 AM EDT

Updated 07/07/16 11:38 AM EDT

FBI Director James Comey confirmed on Thursday that some of Hillary Clinton’s statements and explanations about her email server to the House Benghazi Committee last October were not true, as evidenced by the bureau’s investigation into whether she mishandled classified information.

During an extended exchange with Rep. Trey Gowdy (R-S.C.), Comey affirmed that the FBI’s investigation found information marked classified on her server even after Clinton had said that she had neither sent nor received any items marked classified.

“That is not true,” Comey said. “There were a small number of portion markings on, I think, three of the documents.”

Asked whether Clinton’s testimony that she did not email “any classified material to anyone on my email” and “there is no classified material” was true, Comey responded, “No, there was classified material emailed.”

“Secretary Clinton said she used one device. Was that true?” Gowdy asked, to which Comey answered, “She used multiple devices during the four years of her term as secretary of state.”

Gowdy then asked whether it was true that Clinton, as she said, returned all work-related emails to the State Department.

“No, we found work-related emails, thousands that were not returned,” Comey said.

“Secretary Clinton said neither she or anyone else deleted work-related emails from her personal account. Was that true?” Gowdy asked.

“That’s a harder one to answer,” Comey responded. “We found traces of work-related emails in, on devices or in slack space. Whether they were deleted or whether when a server changed out something happened to them, there is no doubt that the work-related emails that were removed electronically from the email system.”

Gowdy asked whether Clintons’ lawyers read every one of her emails as she had said. Comey replied, “No.”

“In interest of time, because I have a plane to catch tomorrow afternoon, I’m not going to go through anymore of the false statements but I am going to ask you put on your old hat. False exculpatory statements, they are used for what?” Gowdy inquired.

Comey responded, “Either for the substantive prosecution or for evidence of intent in a criminal prosecution.”

“Exactly. Intent and consciousness of guilt, right? Is that right?” Gowdy asked. “Consciousness of guilt and intent. In your old job you would prove intent as you just referenced by showing the jury evidence of a complex scheme that was designed for the very purpose of concealing the public record, and you would be arguing in addition to concealment the destruction that you and I just talked about, or certainly the failure to preserve. Would you argue all that under heading of content–intent. You would also be arguing the pervasiveness of the scheme, when it started, when it ended and number of emails, whether they were originally classified or up-classified, you would argue all of that under the heading of intent. You would also probably under common scheme or plan argue the burn bags of daily calendar entries or the missing daily calendar entries as a common scheme or plan to conceal. Two days ago, director, you said a reasonable person in her should have known a private email is no place to send and receive classified information. You’re right.”

“An average person does know not to do that. This is no average person,” Gowdy said. “This is a former first lady, a former United States senator, and a former secretary of state that the president now contends is the most competent, qualified person to be president since Jefferson. He didn’t say that in ’08 but he says it now. She affirmatively rejected efforts to give her a state.gov account. She kept these private emails for almost two years and only turned them over to Congress because we found out she had a private email account.”

He continued, “So you have a rogue email system set up before she took the oath of office. Thousands of what we now know to be classified emails, some of which were classified at the time. One of her more frequent email comrades was in fact hacked, and you don’t know whether or not she was. And this scheme took place over a long period of time and resulted in the destruction of public records yet you say there is insufficient evidence of intent.”

“You say careless but not intentionally. You and I both know intent is really difficult to prove,” Gowdy continued. “Very rarely do defendants announce, ‘On this date I intend to break this criminal code section. Just to put everyone on notice, I am going to break the law on this date.’ It never happens that way. You have to do it with circumstantial evidence, or if you’re Congress and you realize how difficult it is to prove specific intent, you will formulate a statute that allows for gross negligence.”

Remarking that his time had expired, Gowdy said he still feared that there was no precedent for criminal prosecution for future cases similar to Clinton.

“And my real fear is this, this is what [Chairman Jason Chaffetz (R-Utah)] touched upon, this double tracked justice system rightly or wrong hey perceived this country, that if you are a private in the Army and you email yourself classified information, you will be kicked out but if you are Hillary Clinton and you seek a promotion to commander-in-chief, you will not be,” Gowdy concluded. “So what I hope you can do today is help the average person, the reasonable person you made reference to, the reasonable person understand, why she appears to be treated differently than the rest of us would be.”

http://www.politico.com/blogs/james-comey-testimony/2016/07/clinton-untrue-statements-fbi-comey-225216#ixzz4DkbsJlCe

 

HILLARY GETS AWAY WITH VIOLATING THE ESPIONAGE ACT – FOR NOW

The FBI declares Clinton guilty, but refuses to push for charges.

Matthew Vadum

FBI Director James Comey said in essence yesterday that Hillary Clinton’s email adventures violated the Espionage Act but refused to recommend the former U.S. secretary of state be prosecuted for her crimes.

With her hacker-friendly private email servers that appear to have been penetrated by foreign intelligence agencies, Clinton is now in the company of Aaron Burr, Bradley Manning, and Edward Snowden all of whom betrayed the public trust. The failure to hold her accountable is yet more proof that the Clintons are above the law. No matter what they do the legal system always treats them with kid gloves.

The congenitally corrupt Clintons created the private email system to frustrate Freedom of Information Act requesters, shield Hillary’s correspondence from congressional oversight, and steer money to the international cash-for-future-presidential-favors clearinghouse known as the Bill, Hillary and Chelsea Clinton Foundation, which, amazingly enough, still enjoys tax-exempt status.

“She’s laughing at the stupidity of our system,” presumptive GOP presidential nominee Donald Trump said at a campaign rally yesterday. “Today’s the best evidence that we’ve ever seen that our system is rigged.”

“This is one of the most crooked politicians in history,” Trump said. “She can’t keep her emails safe, and I tell you, folks, she sure as hell can’t keep our country safe.”

The illegal, insecure private email servers Clinton used while at the State Department are at the heart of the scandal over her mishandling of an Islamic terrorist attack in militant-infested Benghazi, Libya on the 11th anniversary of 9/11 that left four Americans, including U.S. ambassador Chris Stevens, dead. Even now, four years after the assault, the Obama administration has failed to provide an autopsy report about Stevens who was initially reported to have been ritualistically sodomized before being murdered by Muslim terrorists.

At a press conference where no questions were taken from the press, Comey carefully explained that the presumptive Democrat presidential nominee committed all the elements of the crime of improperly handling national security secrets. (Comey’s full prepared remarks are available here.)

“There is evidence that [Secretary Clinton or her colleagues] were extremely careless in their handling of very sensitive, highly classified information,” Comey said.

For example, seven e-mail chains concern matters that were classified at the Top Secret/Special Access Program level when they were sent and received. These chains involved Secretary Clinton both sending e-mails about those matters and receiving e-mails from others about the same matters. There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation. … None of these e-mails should have been on any kind of unclassified system, but their presence is especially concerning because all of these e-mails were housed on unclassified personal servers not even supported by full-time security staff, like those found at Departments and Agencies of the U.S. Government—or even with a commercial service like Gmail.

Despite all of this Clinton shouldn’t be prosecuted, Comey said, because there is no “clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information.”

Except that “gross negligence” – not whatever Clinton or her underlings may have intended – is the relevant legal test here.

To help Clinton worm her way out of this legal pickle, “the FBI rewrote the statute, inserting an intent element that Congress did not require,” former federal prosecutor Andrew C. McCarthy wrote.

Adding this new intent element makes no sense, he wrote.

The point of having a statute that criminalizes gross negligence is to underscore that government officials have a special obligation to safeguard national defense secrets; when they fail to carry out that obligation due to gross negligence, they are guilty of serious wrongdoing. The lack of intent to harm our country is irrelevant. People never intend the bad things that happen due to gross negligence. [emphases in original]

McCarthy interpreted Comey’s remarks to amount to an informal indictment of Clinton.

Hillary Clinton checked every box required for a felony violation of Section 793(f) of the federal penal code (Title 18): With lawful access to highly classified information she acted with gross negligence in removing and causing it to be removed it from its proper place of custody, and she transmitted it and caused it to be transmitted to others not authorized to have it, in patent violation of her trust.

According to McCarthy, the FBI director “even conceded that former Secretary Clinton was ‘extremely careless’ and strongly suggested that her recklessness very likely led to communications (her own and those she corresponded with) being intercepted by foreign intelligence services.”

Insulting the intelligence of Americans, Comey declared that there was no evidence of “efforts to obstruct justice.”

This is pure nonsense. As I’ve written before, this protracted quest for a smoking gun in the email saga was arguably unnecessary.

The fact that Mrs. Clinton destroyed email evidence — evidence subject to a congressional subpoena, no less — is already evidence in itself that she obstructed justice through spoliation of evidence. Spoliation means you can take as evidence the fact that evidence has been destroyed. Courts are entitled to draw spoliation inferences and convict an accused person on that basis alone.

But a long-running investigation of an obviously guilty celebrity reprobate is far more interesting to reporters than the said reprobate being imprisoned after a quick slam-dunk prosecution. The media and the Left – but I repeat myself – were more than happy to ignore the spoliation evidence and work with the Obama administration to needlessly drag this thing out, knocking down every good piece of inculpatory evidence along the way.

The FBI and State Department repeatedly dragged their heels, resisting information requests throughout the investigative process.

There was that suspicious meeting last week between former President Bill Clinton and Attorney General Loretta Lynch onboard an airplane at a Phoenix, Ariz. airport. Lynch’s FBI bodyguards tried to prevent any filming of the meeting, local media reported.

Lynch claimed no official business was discussed during the 30-minute conversation.

“Our conversation was a great deal about grandchildren, it was primarily social about our travels and he mentioned golf he played in Phoenix,” Lynch said later that day.

Donald Trump rejected that explanation. “I love my grandchildren, but if I talk about them for more than nine or 10 seconds, after that, what are you going to say?” Trump said July 1. “I love golf, but after speaking about golf for a couple minutes, it’s tough.”

Of course the mere appearance of bias is unacceptable. It is not enough for justice to be done: it must be seen to be done. But the Clintons believe they are above the law so they don’t worry much about perceptions and adverse inferences.

The cloak-and-dagger meeting June 28 came hours before the House Select Committee on Benghazi released its damning investigative report detailing the Obama administration’s incompetent handling of the deadly saga and its efforts to cover-up wrongdoing.

If Clinton becomes the nation’s 45th president, we will never hear of Benghazi or her email problems again.

http://www.frontpagemag.com/fpm/263415/hillary-gets-away-violating-espionage-act-%E2%80%93-now-matthew-vadum

Intention (criminal law)

From Wikipedia, the free encyclopedia
“Dolus” redirects here. For the Croatian village, see Doluš.

In criminal law, intent is one of three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. A more formal, generally-synonymous legal term is scienter: intent or knowledge of wrongdoing.

Definitions

Intent is defined in Canadian law by the ruling in R v Mohan (1994) as “the decision to bring about a prohibited consequence.”

A range of words represents shades of intent in criminal laws around the world. The mental element, or mens rea, of murder, for example, is traditionally expressed as malice aforethought, and the interpretations of malice, “maliciously” and “wilfully” vary between pure intent and recklessness depending on the jurisdiction in which the crime was committed and the seriousness of the offence.

A person intends a consequence they foresee that it will happen if the given series of acts or omissions continue, and desires it to happen. The most serious level of culpability, justifying the most serious levels of punishment, is achieved when both these components are actually present in the accused’s mind (a “subjective” test). A person who plans and executes a crime is considered, rightly or wrongly, a more serious danger to the public than one who acts spontaneously (perhaps because they are less likely to get caught), whether out of the sudden opportunity to steal, or out of anger to injure another. But intent can also come from the common law viewpoint as well.

The test of intent

The policy issue for those who administer the criminal justice system is that, when planning their actions, people may be aware of many probable and possible consequences. Obviously, all of these consequences could be prevented through the simple expedient either of ceasing the given activity or of taking action rather than refraining from action. So the decision to continue with the current plan means that all the foreseen consequences are to some extent intentional, i.e. within and not against the scope of each person’s intent. But, is the test of culpability based on purely a subjective measure of what is in a person’s mind, or does a court measure the degree of fault by using objective tools?

For example, suppose that A, a jealous wife, discovers that her husband is having a sexual affair with B. Wishing only to drive B away from the neighbourhood, she goes to B’s house one night, pours petrol on and sets fire to the front door. B dies in the resulting fire. A is shocked and horrified. It did not occur to her that B might be physically in danger and there was no conscious plan in her mind to injure B when the fire began. But when A’s behaviour is analysed, B’s death must be intentional. If A had genuinely wished to avoid any possibility of injury to B, she would not have started the fire. Or, if verbally warning B to leave was not an option, she should have waited until B was seen to leave the house before starting the fire. As it was, she waited until night when it was more likely that B would be at home and there would be fewer people around to raise the alarm. Whereas intent would be less if A had set fire to the house during the day after ringing the doorbell to check no one was home and then immediately ringing the fire brigade to report the fire.

On a purely subjective basis, A intended to render B’s house uninhabitable, so a reasonably substantial fire was required. The reasonable person would have foreseen a probability that people would be exposed to the risk of injury. Anyone in the house, neighbours, people passing by, and members of the fire service would all be in danger. The court therefore assesses the degree of probability that B or any other person might be in the house at that time of the night. The more certain the reasonable person would have been, the more justifiable it is to impute sufficient desire to convert what would otherwise only have been recklessness into intent to constitute the offence of murder. But if the degree of probability is lower, the court finds only recklessness proved. Some states once had a rule that a death that occurred during commission of a felony automatically imputed sufficient mens rea for murder. (See felony murder). This rule has been mostly abolished, and direct evidence of the required mental components is now required. Thus, the courts of most states use a hybrid test of intent, combining both subjective and objective elements, for each offence changed.

In English law, s8 Criminal Justice Act 1967 provides a statutory framework within which mens rea is assessed. It states:

A court or jury, in determining whether a person has committed an offence,

(a) shall not be bound in law to infer that he intended or foresaw a result of his actions by reasons only of its being a natural and probable consequence of those actions; but
(b) shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.

Under s8(b) therefore, the jury is allowed a wide latitude in applying a hybrid test to impute intent or foresight (for the purposes of recklessness) on the basis of all the evidence. See Intention in English law.

Offenses of basic and of specific intent

In some states, a distinction is made between an offense of basic (sometimes termed “general”) intent and an offense of specific intent.

  1. Offenses requiring basic intent specify a mens rea element that is no more than the intentional or reckless commission of the actus reus. The actor either knew (intended) or deliberately closed his mind to the risk (recklessness) that his action (actus reus) would result in the harm suffered by the victim. The crime of battery, for example, only requires the basic intent that the actor knew or should have known that his action would lead to harmful contact with the victim.
  2. A limited number of offences are defined to require a further element in addition to basic intent, and this additional element is termed specific intent. There are two classes of such offences:
(a) Some legislatures decide that particular criminal offenses are sufficiently serious that the mens rea requirement must be drafted to demonstrate more precisely where the fault lies. Thus, in addition to the conventionalmens rea of intent or recklessness, a further or additional element is required. For example, in English law, s18 Offences against the Person Act 1861 defines the actus reus as causing grievous bodily harm but requires that this be performed:

  1. unlawfully and maliciously – the modern interpretation of “malice” for these purposes is either intent or recklessness, “unlawfully” means without some lawful excuse (such as self-defense); and with
  2. the intent either to cause grievous bodily harm or to resist lawful arrest.
The rule in cases involving such offenses is that the basic element can be proved in the usual way, but the element of specific intent must be shown using a more subjective than objective test so that the legislature’s express requirement can be seen to be satisfied.
(b) The inchoate offenses such as attempt and conspiracy require specific intent in a slightly different sense. The rationale for the existence of criminal laws is as a deterrent to those who represent a danger to society. If an accused has actually committed the full offense, the reality of the danger has been demonstrated. But, where the commission of the actus reus is in the future and the accused is merely acting in anticipation of committing the full offense at some time in the future, a clear subjective intent to cause the actus reus of the full offense must be demonstrated. Without this specific intent, there is insufficient evidence that the accused is the clear danger as feared because, at any time before the commission of the full offense, the accused may change their mind and not continue. Hence, this specific intent must also be demonstrated on a subjective basis.

At times a forensic psychiatric examination may be helpful in ascertaining the presence or absence of mens rea in crimes which require specific intent.[1]

Direct intent and oblique intent

Direct intent: a person has direct intent when they intend a particular consequence of their act.

Oblique intent: a person has oblique intent when the event is a natural consequence of a voluntary act and they foresee it as such. The ‘natural consequence’ definition was replaced in R v Woollin with the ‘virtually certain’ test. A person is now held to intend a consequence (obliquely) when that consequence is a virtually certain consequence of their action, and they knew it to be a virtually certain consequence. The first leg of this test has been condemned as unnecessary:[2] a person should be held as intending a consequence if (s)he believed it to be a virtually certain consequence, regardless of whether it was in fact virtually certain.

This has two applications:

  1. When a person is planning to achieve a given consequence, there may be several intermediate steps that have to be taken before the full result as desired is achieved. It is not open to the accused to pick and choose which of these steps are or are not intended. The accused is taken to intend to accomplish all outcomes necessary to the overall plan. For example, if A wishes to claim on B’s life insurance policy, and so shoots at B who is sitting in a bus, the bullet may have to pass through a window. Thus, even though A may not have desired B’s death, it was an inevitable precondition to a claim. Similarly, he may never consciously have considered the damage to the window, but both the murder and the damage under the Criminal Damage Act 1971 are intended. This is distinguishing between the direct intent, which is the main aim of the plan—and the oblique intent, which covers all intermediate steps. More generally, someone directly intends a consequence when their purpose or aim is to cause it, even though they believe the likelihood of success is remote. In R v Dadson, for example, the defendant shot at a man he wrongly believed was out of range. In R v Mohan,[3] the court held that direct intent means, “aim or purpose”—”a decision to bring about, insofar as it lies within the accused’s power, the commission of the offence..no matter whether the accused desired that consequence of his act or not.”
  2. Sometimes, by accident, a plan miscarries and the accused achieves one or more unintended consequence. In this situation, the accused is taken to have intended all of the additional consequences that flow naturally from the original plan. This is tested as matters of causation and concurrence, i.e. whether the given consequences were reasonably foreseeable, there is no novus actus interveniens and the relevant mens rea elements were formed before all of the actus reus components were completed.

Unconditional intent and conditional intent

Unconditional Intent: a person’s expected result from the consequence of their actions.

Conditional Intent: a person’s expected result only when a condition diverts the person from their unconditional intent.

For example, a couple is planning to have an outdoor wedding, but they also reserved an indoor facility in the unlikely condition of bad weather. The unconditional intent is to have the wedding outside. The conditional intent is to have the wedding inside on the condition of bad weather.

In Holloway v. United States, the United States Supreme Court held that the word ‘intent’ within a federal statute could mean either a person’s “unconditional intent”, “conditional intent” or both depending on context and the congressional purpose of the statute.[4]

Holloway was charged and convicted with the federal crime of Carjacking “with the intent to cause death or serious bodily harm”. Holloway admitted to carjacking at gunpoint but argued he only intended to use his weapon “if any of the drivers had given him a hard time”. The unconditional intent was to carjack without harm to the driver. The conditional intent was to carjack and cause harm to the driver if the driver became uncooperative.

The issue of this case was whether the statute’s phrase, “with the intent to cause death or serious bodily harm” applies to a defendant’s unconditional intent or conditional intent. The Court found that although the construction of the phrase suggests that Congress meant to provide “a federal penalty for only those carjackings in which the offender actually attempted to harm or kill the driver…that a commonsense reading of the carjacking statute counsels that Congress intended to criminalize a broader scope of conduct than attempts to assault or kill in the course of automobile robberies”.[5] The Court, therefore, affirmed Holloway’s conviction and held that a defendant’s conditional intent may violate a federal crime depending on the context and purpose of the statute.

Purpose intent and knowledge intent

In many situations in the United States, a person is considered to have acted with intent if the definitions of purpose and/or knowledge are satisfied. In other situations (especially regarding specific intent crimes that have “with intent to” in their definition), intent may be considered to refer to purpose only. Quite arguably, the most influential legal definitions of purpose and knowledge come from the Model Penal Code’s definitions of mens rea.

See also

Footnotes

  1. Jump up^ Bursztajn HJ, Scherr AE, Brodsky A. The rebirth of forensic psychiatry in light of recent historical trends in criminal responsibility . Psychiat Clinics N Am. 1994; 17:611-635.
  2. Jump up^ Simester and Sullivan, Criminal Law
  3. Jump up^ R v Mohan (1975) 2 All ER 193
  4. Jump up^ “Holloway v. United States, 526 US 1 (1999)”. Google Scholar. Retrieved 2015-01-02.
  5. Jump up^ Holloway at 7″.

References

  • Lacey. A Clear Concept of Intention: Elusive or Illusory, (1993) 56 MLR 621.
  • Norrie. After Woollin (1999) CLR 532.
  • Williams, Glanville. Oblique Intention, (1987) Cambridge Law Journal 417

 

 

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Listen To Pronk Pops Podcast or Download Shows 319-327

Listen To Pronk Pops Podcast or Download Shows 307-318

Listen To Pronk Pops Podcast or Download Shows 296-306

Listen To Pronk Pops Podcast or Download Shows 287-295

Listen To Pronk Pops Podcast or Download Shows 277-286

Listen To Pronk Pops Podcast or Download Shows 264-276

Listen To Pronk Pops Podcast or Download Shows 250-263

Listen To Pronk Pops Podcast or Download Shows 236-249

Listen To Pronk Pops Podcast or Download Shows 222-235

Listen To Pronk Pops Podcast or Download Shows 211-221

Listen To Pronk Pops Podcast or Download Shows 202-210

Listen To Pronk Pops Podcast or Download Shows 194-201

Listen To Pronk Pops Podcast or Download Shows 184-193

Listen To Pronk Pops Podcast or Download Shows 174-183

Listen To Pronk Pops Podcast or Download Shows 165-173

Listen To Pronk Pops Podcast or Download Shows 158-164

Listen To Pronk Pops Podcast or Download Shows151-157

Listen To Pronk Pops Podcast or Download Shows 143-150

Listen To Pronk Pops Podcast or Download Shows 135-142

Listen To Pronk Pops Podcast or Download Shows 131-134

Listen To Pronk Pops Podcast or Download Shows 124-130

Listen To Pronk Pops Podcast or Download Shows 121-123

Listen To Pronk Pops Podcast or Download Shows 118-120

Listen To Pronk Pops Podcast or Download Shows 113 -117

Listen To Pronk Pops Podcast or Download Show 112

Listen To Pronk Pops Podcast or Download Shows 108-111

Listen To Pronk Pops Podcast or Download Shows 106-108

Listen To Pronk Pops Podcast or Download Shows 104-105

Listen To Pronk Pops Podcast or Download Shows 101-103

Listen To Pronk Pops Podcast or Download Shows 98-100

Listen To Pronk Pops Podcast or Download Shows 94-97

Listen To Pronk Pops Podcast or Download Show 93

Listen To Pronk Pops Podcast or Download Show 92

Listen To Pronk Pops Podcast or Download Show 91

Listen To Pronk Pops Podcast or Download Shows 88-90

Listen To Pronk Pops Podcast or Download Shows 84-87

Listen To Pronk Pops Podcast or Download Shows 79-83

Listen To Pronk Pops Podcast or Download Shows 74-78

Listen To Pronk Pops Podcast or Download Shows 71-73

Listen To Pronk Pops Podcast or Download Shows 68-70

Listen To Pronk Pops Podcast or Download Shows 65-67

Listen To Pronk Pops Podcast or Download Shows 62-64

Listen To Pronk Pops Podcast or Download Shows 58-61

Listen To Pronk Pops Podcast or Download Shows 55-57

Listen To Pronk Pops Podcast or Download Shows 52-54

Listen To Pronk Pops Podcast or Download Shows 49-51

Listen To Pronk Pops Podcast or Download Shows 45-48

Listen To Pronk Pops Podcast or Download Shows 41-44

Listen To Pronk Pops Podcast or Download Shows 38-40

Listen To Pronk Pops Podcast or Download Shows 34-37

Listen To Pronk Pops Podcast or Download Shows 30-33

Listen To Pronk Pops Podcast or Download Shows 27-29

Listen To Pronk Pops Podcast or Download Shows 17-26

Listen To Pronk Pops Podcast or Download Shows 16-22

Listen To Pronk Pops Podcast or Download Shows 10-15

Listen To Pronk Pops Podcast or Download Shows 1-9

 

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