Are we looking at the right law? What about RICO for Rove et al?

[sunnystarr]

I checked criminal RICO based on a comment one of the judges made when he said this was "plot against Wilson." Plot equals conspiracy and wouldn't that equal RICO?

There must be some lawyers here who could say if this was possible. While the law that's been discussed is so difficult in the standards that have to be met, what's to say that it's the law even being considered?

RICO standards may be much easier and be more fitting of a plot. It's been used with political groups before and the WHIGS seem to fit the bill.

[ShockediSay]

1. As I understand RICO

the Racketeer Influenced and Corrupt Organizations Act of 1970, there has to be a conspiracy, a pattern of illegal conduct over a period of time, and a threat of continuing harm.

I like former Senator Grahm's talk sometime back on one of the Sunday AM newsshows, that placing soldiers in harm's way knowing the basis was false, was impeachable, if not treasonous. Clearly Rove & Co were trying to coverup the fact that at least one basis for invading Iraq was known to be false.

At least the Monica Lewinsky matter didn't get thousands killed.

But I digress.

[sunnystarr]

2. Ran across a conservative who wants RICO to apply to DNC lol

He did make this statement:
"Senators, Congressmen and Governors have gone to prison for RICO violations"

http://www.conservativetruth.org/archives/brucewalker/10-13-02.shtml

I'm still googling. There's more on civil RICO so far than on criminal.

[sunnystarr]

4. Under the definition ... Racketeering

Section 1513 (retaliating against a witness, victim, or informant)
http://www.thebestdefense.com/Crimes/white_collar/racketeering_rico.html

From looking at this RICO case there's more than one Section of RICO that would apply to Rove et al.

http://www.americanfreepress.net/03_03_02/Many_Laws_Broken/many_laws_broken.html

That describes it pretty well to me. Perjury is part of RICO too.

[IndianaGreen]

3. John Dean: the prosecution and conviction of Jonathan Randel

This is a great piece written by John Dean. It is a must read!

Leak prosecution precedent

I am referring to the prosecution and conviction of Jonathan Randel. Randel was a Drug Enforcement Agency analyst, a Ph.D. in history, working in the Atlanta office of the DEA.

Randel was convinced that British Lord Michael Ashcroft (a major contributor to Britain's Conservative Party, as well as American conservative causes) was being ignored by DEA and its investigation of money laundering. (Lord Ashcroft is based in South Florida and the off-shore tax haven of Belize.)

Randel leaked the fact that Lord Ashcroft's name was in the DEA files, and this fact soon surfaced in the London news media. Ashcroft sued, and learned the source of the information was Randel. Using his clout, soon Ashcroft had the U.S. attorney in pursuit of Randel for his leak.

By late February 2002, the Department of Justice indicted Randel for his leaking of Lord Ashcroft's name. It was an eighteen count "kitchen sink" indictment; they threw everything they could think of at Randel. Most relevant for Karl Rove's situation, count one of Randel's indictment alleged a violation of Title 18, United States Code, Section 641. This is a law that prohibits theft (or conversion for one's own use) of government records and information for non-governmental purposes. But its broad language covers leaks, and it has now been used to cover just such actions.

Randel, faced with a life sentence (actually 500 years) if convicted on all counts, on the advice of his attorney, pleaded guilty to violating Section 641. On January 9, 2003, Randel was sentenced to a year in a federal prison, followed by three years probation. This sentence prompted the U.S. attorney to boast that the conviction of Randel made a good example of how the Bush administration would handle leakers.

http://www.cnn.com/2005/LAW/07/15/dean.rove/index.html

[sunnystarr]

5. That's a great find ...

Reading it now. Thanks! I knew there had to be other laws that these thugs could be prosecuted for.

[sunnystarr]

6. This is the best news I've read so far ..

Indiana ... would you start a new thread with it since you found it. Everyone needs to see this and I bet Olbermann would love to report on it too.

This shouldn't be lost quickly as my threads usually are lol.

[EC]

7. Ive been thinking they could get him on

giving classified info for personnal gain...counts the same as selling info..