Durham gets the first Russiagate conviction – Ex-Justice Department lawyer Kevin Clinesmith

afoaf

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Jun 25, 2008
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still no proof of conviction

strange how Surfdog is surfdodging this....
 

Surfdog

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Apr 22, 2001
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Just super busy this month, taking on more work than I should have, after no work a few weeks in August.

But, I will post this AGAIN, since no one seems to want to touch it with a 10 foot pole......

"And I will ask again, how can one get a sentencing date if not already convicted or plead as guilty?

A sentencing hearing ONLY comes about after conviction, not before or if not "adjudicated" as you might claim.

NO ONE is sentenced to jail before being convicted.

Show me where I'm wrong with that simple question."
 

afoaf

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Jun 25, 2008
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you keeping presenting hypotheticals when all you have to show is that a
judgement of conviction has been entered by the judge

it has not

only a plea has been entered

the gentleman is not yet convicted

very simple stuff here

I have now spoken to no less than three different practicing attorneys and
they all laughed at you.

one wonders why you would agree to the bet if you were so unclear on what
constituted a conviction to begin with


maybe next time make the bet based on the date that a plea was entered?


this is getting sad....
 

sirfun

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Apr 26, 2008
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you keeping presenting hypotheticals when all you have to show is that a
judgement of conviction has been entered by the judge

it has not

only a plea has been entered

the gentleman is not yet convicted

very simple stuff here

I have now spoken to no less than three different practicing attorneys and
they all laughed at you.

one wonders why you would agree to the bet if you were so unclear on what
constituted a conviction to begin with


maybe next time make the bet based on the date that a plea was entered?


this is getting sad....
let's see if this touched with a 10 foot pole or maybe he s/u and just pays !! ) :)
 

Surfdog

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Apr 22, 2001
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you keeping presenting hypotheticals when all you have to show is that a
judgement of conviction has been entered by the judge

it has not

only a plea has been entered

the gentleman is not yet convicted

very simple stuff here

I have now spoken to no less than three different practicing attorneys and
they all laughed at you.

one wonders why you would agree to the bet if you were so unclear on what
constituted a conviction to begin with


maybe next time make the bet based on the date that a plea was entered?


this is getting sad....
Then how does he get a sentencing hearing, if he's not already convicted by the judge?

The judge accepted his plea, and has moved on to sentencing.
Wouldn't he have to have a "judgement of conviction" first to be get a sentencing hearing?

Are you trying to say a guilty plea is not a conviction? Will he get a sentence, go to jail, yet still not get a formal "judgement of conviction"?

Are you trying to say he won't get a "judgement of conviction" until the sentencing hearing?

"Boasberg will sentence Clinesmith on December 10. He faces up to five years in prison."

Then Papadopoulos and Flynn were also not convicted then and sent to jail, right?

Yet the media keeps trotting them out as convicted felons.

You're trying to dodge on a technical term that was not part of the original bet. We did not extend the bet to sentencing. It was conviction (guilty or plea of guilt) before Sept. 30. We did not go into the court minutia detailing specific terms.

CONVICTION: A final judgment of guilt by the court. A conviction includes terms such as: Judgment Conviction, Probation (except "710," "1410," "Section 10," "Section 410”), Conditional Discharge, Ex Parte Judgment, Revoked Supervision.

He plead guilty and the judge officially accepted it. Done deal, and nothing but sentencing left.

By the way, as far as I know, this was not a jury trial, so many of those usual jury protocols aren't in effect here.

https://www.lawyers.com/ask-a-lawyer/criminal/is-there-a-difference-between-a-court-conviction-and-a-guilty-plea-1567745.html

Lawyers vast consensus in link above agrees with my argument. Maybe 1 or 2 bending it, but if guilty plea is not later retracted, it's still a conviction, or "judgement of conviction".

I can wait until sentencing to get final details of this, to sort out the specifics. If it's more than a sentencing hearing, and a guilty plea is retracted, then you win. Otherwise, he's already convicted back in August, as far a law is concerned.
 
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afoaf

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Jun 25, 2008
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Otherwise, he's already convicted back in August, as far a law is concerned.
wrong again

no judgement of conviction has been entered

this is peak insanity:

Surfdog said:
You're trying to dodge on a technical term that was not part of the original bet. We did not extend the bet to sentencing. It was conviction (guilty or plea of guilt) before Sept. 30. We did not go into the court minutia detailing specific terms.
funny how you complain about terms of the original bet, but then try to change the
terms of the bet IN THE VERY NEXT SENTENCE.

if a judgement of conviction had been entered you would have won

so far only a plea has been entered

you are not an attorney

multiple attorneys have independently told me the exact same thing

there is no conviction until judgement of conviction entered

keep spinning your wheels...it's hilarious

whatever you do, please stop trying to play lawyer here - you agreed to the terms and
are now trying to redefine legal code as it has been understood for HUNDREDS of fkn
years because you lost

and you claim I'm dodging?!

I paid all previous debts promptly unlike Autoprax who still owes casa a blowie
 
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Surfdog

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Apr 22, 2001
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wrong again

no judgement of conviction has been entered

this is peak insanity:



funny how you complain about terms of the original bet, but then try to change the
terms of the bet IN THE VERY NEXT SENTENCE.

if a judgement of conviction had been entered you would have won

so far only a plea has been entered

you are not an attorney

multiple attorneys have independently told me the exact same thing

there is no conviction until judgement of conviction entered

keep spinning your wheels...it's hilarious

whatever you do, please stop trying to play lawyer here - you agreed to the terms and
are now trying to redefine legal code as it has been understood for HUNDREDS of fkn
years because you lost

and you claim I'm dodging?!

I paid all previous debts promptly unlike Autoprax who still owes casa a blowie
Can you show me for a fact that a "judgement of conviction" has NOT been entered?

Can you show me ANY public federal case where that term has been used when a PLEA OF GUILT has been ACCEPTED by the judge, and then proceeded to sentencing?

How can sentencing proceed without conviction?

Tell me how that works, or get your lawyer buddies to explain it.
 

Surfdog

Duke status
Apr 22, 2001
21,768
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South coast OR
Isn't the burden of proof on you?
Afoaf is arguing for the win. He has the burden of proof.

I have factual evidence of guilt, and with it, conviction.

He's looking for some kind of public statement that is rarely, if ever published as such in the media.

I'll ask again. How do you get a FIRM sentencing hearing date assigned, if a verdict or conviction is not given?

Simple question. I'll wait.