Author Topic: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION  (Read 2415 times)

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Offline Fishrrman

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #25 on: January 20, 2023, 01:22:39 am »
Maj. Martin wrote:
"In other words, even if one or more people failed the lie detector test, it still wouldn't be enough to "prove" who did it."

But... it would "narrow the field" considerably.
Probably down to a small handful of "possibilities", for further investigation.

Are not polygraphs used in other branches of government, the NSA, CIA, etc. ...?
If so, to what end...?

Online Maj. Bill Martin

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #26 on: January 20, 2023, 04:30:53 am »
Maj. Martin wrote:
"In other words, even if one or more people failed the lie detector test, it still wouldn't be enough to "prove" who did it."

But... it would "narrow the field" considerably.
Probably down to a small handful of "possibilities", for further investigation.

If you read the statement on the investigation, they did narrow it down.  They said they conducted "multiple additional interviews" on "certain employees".  It also mentions that they did forensic analysis of computers, examined cell phone records, etc..

Quote
Are not polygraphs used in other branches of government, the NSA, CIA, etc. ...?
If so, to what end...?

Security clearances.  But not criminal prosecutions or even terminations of employment.

You have to realize that given that this is the Supreme Court, they are much more bound by legalities, burdens of proof, etc , than would be literally any other part of the government.  And unless they have enough evidence to prove that one particular person did it, they are stuck.

Offline Smokin Joe

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #27 on: January 20, 2023, 04:34:54 am »
:yowsa: But no more so than refusing to hear cases in which they have ORIGINAL Jurisdiction!
:yowsa: pointing-up THIS!!
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Online Maj. Bill Martin

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #28 on: January 20, 2023, 04:03:51 pm »
:yowsa: pointing-up THIS!!

SCOTUS can't possibly hear on the merits every case in which they have original jurisdiction.

Online mountaineer

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #29 on: January 20, 2023, 08:43:00 pm »
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Online Maj. Bill Martin

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #30 on: January 20, 2023, 08:58:12 pm »


Wouldn't doubt it in the least.  She'd definitely be near the top of any list of suspects.  Unfortunately, that doesn't constitute actual poof by a preponderance of evidence.

Like I said, if she just took pictures of her computer screen with her phone - or even better, a burner phone - there's pretty much no way to prove it.

Online Maj. Bill Martin

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Re: S TATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #31 on: January 21, 2023, 11:16:55 pm »
If that is true, there is not one thing secure in that building despite any claims to the contrary.

Correct.  The Court has always operated on sort of an honor system based on collegiality, which is a big reason why this leak is considered a big deal.  I don't know how they can go back to that now unless they're willing for it to continue happening.

Offline Kamaji

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #32 on: January 22, 2023, 02:18:51 am »
Correct.  The Court has always operated on sort of an honor system based on collegiality, which is a big reason why this leak is considered a big deal.  I don't know how they can go back to that now unless they're willing for it to continue happening.

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #33 on: January 22, 2023, 02:55:18 am »
I have no doubt in my mind that John Roberts and probably the other justices know who the leaker is. Roberts sees more harm than good coming to the court by exposing the culprit, and he is probably right. I predicted long ago we would never know who the leaker is.  That is the way the establishment operates.

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #34 on: January 22, 2023, 03:14:36 am »
I have no doubt in my mind that John Roberts and probably the other justices know who the leaker is. Roberts sees more harm than good coming to the court by exposing the culprit, and he is probably right. I predicted long ago we would never know who the leaker is.  That is the way the establishment operates.

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Online Maj. Bill Martin

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #35 on: January 22, 2023, 04:27:24 am »
I have no doubt in my mind that John Roberts and probably the other justices know who the leaker is.

How do you believe they found out?

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #36 on: January 22, 2023, 06:52:21 pm »
How do you believe they found out?

They did not "find out." They know because they know their colleagues. Having been a college professor for most of my career, I know how collegiality works, and I know how institutions operate. The only thing Roberts was investigating was whether the culprit was a justice or not. The fact that the investigation is closed without a scapegoat tells me with 100 percent certainty that the leaker was a justice.


Offline Kamaji

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #37 on: January 23, 2023, 10:02:14 am »
They did not "find out." They know because they know their colleagues. Having been a college professor for most of my career, I know how collegiality works, and I know how institutions operate. The only thing Roberts was investigating was whether the culprit was a justice or not. The fact that the investigation is closed without a scapegoat tells me with 100 percent certainty that the leaker was a justice.



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Online Maj. Bill Martin

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #38 on: January 23, 2023, 01:05:01 pm »
The fact that the investigation is closed without a scapegoat tells me with 100 percent certainty that the leaker was a justice.

A "scapegoat"?  That usually refers to someone who is blamed for something they didn't do.

So you think Roberts would have just picked some random clerk and blamed them if he knew it wasn't a justice?
« Last Edit: January 23, 2023, 01:21:59 pm by Maj. Bill Martin »

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #39 on: January 23, 2023, 01:29:21 pm »
A "scapegoat"?  That usually refers to someone who is blamed for something they didn't do.

So you think Roberts would have just picked some random clerk and blamed them if he knew it wasn't a justice.

Obviously, not, or he would have done it. Others in his place may have.
 
But not a random clerk. Typically, there is some underling who did something wrong and you can blame the whole thing on that person.


Online Maj. Bill Martin

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #40 on: January 23, 2023, 02:25:19 pm »
Obviously, not, or he would have done it. Others in his place may have.
 
But not a random clerk. Typically, there is some underling who did something wrong and you can blame the whole thing on that person.

The problem with that is that these people aren't your usual "underlings".  Supreme Court clerkships are the most competitive jobs in the entire legal industry.  Every single one of them is going to be smart as hell, more than well enough aware of their legal rights and options, and would have access to massive amounts of free representation from some of the best lawyers in the country.  Some of them began lawyering up as soon as they were asked to turn over cell phone records

This is an accusation that would massively derail someone's career and may even lead to disbarment.  A defamation claim coming from one of them would be expensive, and a massive black eye for the Supreme Court if they were unable to prove the accusation.

Trying to railroad one of them would blow up right in the face of whomever tried it.  That's why it is important that the statement specifically mentioned that they could not "by a preponderance of the evidence" confirm who did it.  They may strongly suspect, but if they don't have the objective facts to prove it, they can't do anything about it without creating a much worse problem.



« Last Edit: January 23, 2023, 02:47:05 pm by Maj. Bill Martin »

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Re: STATEMENT OF THE COURT CONCERNING THE LEAK INVESTIGATION
« Reply #41 on: January 23, 2023, 04:16:10 pm »
The problem with that is that these people aren't your usual "underlings".  Supreme Court clerkships are the most competitive jobs in the entire legal industry.  Every single one of them is going to be smart as hell, more than well enough aware of their legal rights and options, and would have access to massive amounts of free representation from some of the best lawyers in the country.  Some of them began lawyering up as soon as they were asked to turn over cell phone records

This is an accusation that would massively derail someone's career and may even lead to disbarment.  A defamation claim coming from one of them would be expensive, and a massive black eye for the Supreme Court if they were unable to prove the accusation.

Trying to railroad one of them would blow up right in the face of whomever tried it.  That's why it is important that the statement specifically mentioned that they could not "by a preponderance of the evidence" confirm who did it.  They may strongly suspect, but if they don't have the objective facts to prove it, they can't do anything about it without creating a much worse problem.

There is nothing here I disagree with.