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  1. #21
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    To be fair, the lefties use similar obscure interpretations of various statutes and standards to try and prove their points - it's not merely a "right-wing" thing. It's the nature of partisan politics.
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  2. #22
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Well, I know that questioning annoys some people, but this particular question appears to already have traction, even with right-wing rags like the New York Times. Or that right-wing bastion, the Huffington Post.

    Let me frame the question narrowly, then - a question I've asked previously. Once the congress began investigating the Benghazi affair, issuing subpoenas for records and so forth, was the former Secretary of State ethically allowed under model rule 3.4 to delete her emails en mass? That is not an interpretation of any rule, it is a question.

    And if she was free to delete them, was Richard Nixon free to destroy the White House tape recordings?

    The ABA ethics question is one I've not heard publicized, which makes it, I think, an interesting discussion topic. It may be more convenient to label the questions as "right wing" than to answer them and I understand the answer may be uncomfortable. But the lack of a cogent intelligent answer to the question seems to be itself an answer...

  3. #23
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Quote Quoting Bubba Jimmy
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    Let me frame the question narrowly, then - a question I've asked previously. Once the congress began investigating the Benghazi affair, issuing subpoenas for records and so forth, was the former Secretary of State ethically allowed under model rule 3.4 to delete her emails en mass? That is not an interpretation of any rule, it is a question.
    She would be allowed under the rule to delete those e-mails that were not the subject of any Congressional subpoena and that were not likely to be evidence in any legal proceeding. The deleted e-mails she apparently claims were all personal e-mails. If that’s true then Congress would have no interest in those for the Benghazi hearings or anything else and she could delete those without violating Rule 3.4, assuming of course that she wasn't involved in some personal litigation in which those personal e-mails would be potential evidence.

  4. #24
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Quote Quoting Taxing Matters
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    She would be allowed under the rule to delete those e-mails that were not the subject of any Congressional subpoena and that were not likely to be evidence in any legal proceeding. The deleted e-mails she apparently claims were all personal e-mails. If thatís true then Congress would have no interest in those for the Benghazi hearings or anything else and she could delete those without violating Rule 3.4, assuming of course that she wasn't involved in some personal litigation in which those personal e-mails would be potential evidence.
    I'm not sure that Petraeus and Broadwell would agree with your analysis when over 30,000 pages of personal deleted emails were reconstructed by the FBI through metadata. Just saying . Those personal emails (in private accounts) were deleted long before there was a focus on their affair.

    Before you tell me that neither Petraeus or Broadwell were lawyers subject to the rule, I know that. But at the time the emails were deleted, there was no expectation that there might be some sort of need for them as evidence for prosecution.

    The self-proclaimed Clinton aristocracy is not subject to the same rules that the rest of us are. Didn't you know that?

  5. #25
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Quote Quoting cdwjava
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    To be fair, the lefties use similar obscure interpretations of various statutes and standards to try and prove their points - it's not merely a "right-wing" thing. It's the nature of partisan politics.
    I'm thinking of the buzz about the Logan Act and the Senators' letter to Iraq....

    But the focus on Hillary Clinton as some sort of arch-demon type? Just plain nutty.

  6. #26
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Quote Quoting Mr. Knowitall
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    I'm thinking of the buzz about the Logan Act and the Senators' letter to Iraq....

    But the focus on Hillary Clinton as some sort of arch-demon type? Just plain nutty.
    Iran. And I agree. The Logan Act states an "unauthorized citizen". Given that Congress is responsible for ratifying treaties, I don't see how anyone can argue that they were "unauthorized citizens" to be corresponding with Iran.

    Back to Hillary - aside from the email scandal, I think the bigger issue affecting her is the money trail to foreign governments. That is why all those emails were deleted. She argues it is personal when she is negotiating for money from foreign governments for the Clinton Foundation while acting as SoS. But no one can prove it because those 30,000 emails are gone. And the server is unavailable.

  7. #27
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Quote Quoting Mr. Knowitall
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    But the focus on Hillary Clinton as some sort of arch-demon type? Just plain nutty.
    What is nutty is that Justice no longer wears a blindfold. What, who, and when someone gets prosecuted for violating the law (on the big scale) is politically motivated.

    I don't care which side of the aisle you are on, it's just moving this country in a very bad direction.

  8. #28
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Nobody can prove the speculative conspiracy theory that Clinton was "negotiating for money from foreign governments for the Clinton Foundation"? As they say, you can't prove a negative, and if people are convinced that Hillary Clinton is some sort of arch-demon type the facts really don't matter. Do you have any facts that would actually support this latest conspiracy theory?

    Emails don't disappear once the are sent, even if the sender deletes them.
    Do you have any facts that would actually support this latest conspiracy theory?
    Quote Quoting budwad
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    What is nutty is that Justice no longer wears a blindfold. What, who, and when someone gets prosecuted for violating the law (on the big scale) is politically motivated.
    Politics in the Justice Department? Anything but new -- really an issue from day one, and in recent history at a low point under Bush/Gonzales. Last I checked, though, Hillary Clinton never served as Attorney General.

    Which prosecution "on the big scale" do you believe is politically motivated, and would not have occurred but for politics. The Bush Administration's prosecution of Scooter Libby? Do you see Libby as having been made the fall guy for a scandal that went higher into the Administration?

  9. #29
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Quote Quoting Mr. Knowitall
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    Nobody can prove the speculative conspiracy theory that Clinton was "negotiating for money from foreign governments for the Clinton Foundation"?
    Right - because the emails were deleted. Guess you don't think there is a conflict of interest anywhere here...

  10. #30
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    Default Re: ABA Model Rule of Professional Conduct 3.4

    Quote Quoting Mr. Knowitall
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    Which prosecution "on the big scale" do you believe is politically motivated, and would not have occurred but for politics. The Bush Administration's prosecution of Scooter Libby? Do you see Libby as having been made the fall guy for a scandal that went higher into the Administration?
    How about Senator Robert Menendez from NJ. In Oct. 2011, a five year investigation of his dealings with a non-profit organization was ended. He became outspoken about the Obama administration's policies recently and here we are in 2015 and it was announced that he will be indicted on the very activity they found no wrong-doing on 4 years ago.

    I'm no fan of Menendez, but I personally think it stinks of political retribution.

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