Attn Justices: Atlasia v. Benconstine

[Meeker]

I believe The Populist would make an excellent jury member.

[Sam Spade]

Thanks, EarlAW.  That will be acceptable.

[minionofmidas]

Thanks, EarlAW.  That will be acceptable.

Could you be both judge and jury?

[Peter]

I motion for a dismissal of charges - the prosecutor has been dismissed from his position, and therefore the case cannot continue until a new AG is appointed, which will take some time, thus denying my client his right to a speedy trial guaranteed in the Constitution.

[minionofmidas]

Hearings take just three days. Plus the vote, plus how long it takes the President to find a nominee.
Compared to the length of trials, that's hardly lengthy.

[Sam Spade]

I need to think for a few moments about the impact of these revelations.  I will post my ruling later today.

[Sam Spade]

Ruling.  The bolded parts are the important ones...

Since it is only 5 days since charges have been brought, I don't feel as if the time limit is our problem here if the President can name a new Attorney General and that person can be appointed and sworn in by January 1, 2009.

Therefore, that is my first finding - the government has until January 1, 2009 at 11:59 PM to appoint/confirm/swear in a new Attorney General.  If this has not happened at that point or if it happens even one second after - the charges against benconstine will be dismissed.

However, I am very tempted to dismiss the charges against benconstine on other grounds not mentioned by Defendant's counsel, namely prosecutorial misconduct.  It concerns me greatly that the chief law enforcer of Atlasia himself hacked into the accused's account at some point or another.  Quite frankly, this leaves the basis of the government's case on quite weak grounds in my view, because who knows his involvement with the issues surrounding the creation of "The Populist" account.

But, considering that there appears to possibly be a wave of criminal activity or quasi-criminal activity afoot in Atlasia, my concerns must give way to the determination of justice and the rule of law.

As such, the case against benconstine will continue if the new Attorney General has sworn in by the date.  However, no later than 72 hours after the new Attorney General is sworn in, he must give me an opinion as to the merits of the case and whether he wishes to continue prosecution.  If he does not, I will dismiss the case.

That is all for now.

(bangs gavel)

[Filuwaúrdjan]

Good ruling

[Marokai Backbeat]

Wow the justice system fails here. This game is a joke.

[MaxQue]

Wow the justice system fails here. This game is a joke.

I don't see any failures.

[Marokai Backbeat]

Wow the justice system fails here. This game is a joke.

I don't see any failures.

Xahar is a moron for hacking into someone's account to say the least, but dropping the charges against someone who has admitted to his crimes and to someone we have very clear evidence committed voter fraud because of the Xahar ordeal is ridiculous to say the least.

Equally ridiculous is just up and dismissing the easiest case to prosecute in the history of law enforcement simply because someone doesn't want to.

[Filuwaúrdjan]

The charges haven't been dropped. They will be if there's no new AG by the 1st of 2009. They will be if the new AG wants them dropped.

[Lunar]

Wow the justice system fails here. This game is a joke.

I don't see any failures.

Xahar is a moron for hacking into someone's account to say the least, but dropping the charges against someone who has admitted to his crimes and to someone we have very clear evidence committed voter fraud because of the Xahar ordeal is ridiculous to say the least.

Equally ridiculous is just up and dismissing the easiest case to prosecute in the history of law enforcement simply because someone doesn't want to.

The charges against Ben were not dismissed, simply delayed until Jan. 3rd at the very latest.

[MaxQue]

Wow the justice system fails here. This game is a joke.

I don't see any failures.

Xahar is a moron for hacking into someone's account to say the least, but dropping the charges against someone who has admitted to his crimes and to someone we have very clear evidence committed voter fraud because of the Xahar ordeal is ridiculous to say the least.

Equally ridiculous is just up and dismissing the easiest case to prosecute in the history of law enforcement simply because someone doesn't want to.

Charges aren't dropped yet. They only have to find another AG for January 1st, to respect the right of a speedy trial.

[Marokai Backbeat]

I'm not suggesting that they've been dropped yet. I dont know how all three of you could have misunderstood that.

[AndrewTX]

I'm not suggesting that they've been dropped yet. I dont know how all three of you could have misunderstood that.

Wow the justice system fails here. This game is a joke.

I don't see any failures.

Xahar is a moron for hacking into someone's account to say the least, but dropping the charges against someone who has admitted to his crimes and to someone we have very clear evidence committed voter fraud because of the Xahar ordeal is ridiculous to say the least.
Equally ridiculous is just up and dismissing the easiest case to prosecute in the history of law enforcement simply because someone doesn't want to.

Come again?

[Marokai Backbeat]

I'm not suggesting that they've been dropped yet. I dont know how all three of you could have misunderstood that.

Wow the justice system fails here. This game is a joke.

I don't see any failures.

Xahar is a moron for hacking into someone's account to say the least, but dropping the charges against someone who has admitted to his crimes and to someone we have very clear evidence committed voter fraud because of the Xahar ordeal is ridiculous to say the least.
Equally ridiculous is just up and dismissing the easiest case to prosecute in the history of law enforcement simply because someone doesn't want to.

Come again?

Xahar ordeal = Him no longer being AG
Someone doesn't want to = New AG may not choose to

[AndrewTX]

Right, Xahar is no longer AG for a good reason.  As for what the new AG would do, who knows. I'm sure thats going to be something the President will be weighing on, and it's something that myself and my other fellow Senators will be asking when someone is nominated.

 

[Marokai Backbeat]

Right, Xahar is no longer AG for a good reason.  As for what the new AG would do, who knows. I'm sure thats going to be something the President will be weighing on, and it's something that myself and my other fellow Senators will be asking when someone is nominated.

I agree, I'm ashamed I stood as a defender of his for so long. But I implore the President, whoever the new AG will be, and anyone else involved to go after ben as much as they do (and should) Xahar.

[Sam Spade]

As a bit of explanation, since the ruling may seem slightly unclear on this front:  I want the AG to reexamine the evidence Xahar may have compiled to determine whether there has been any prosecutorial tampering worthy of the next AG determining to not pursue the case. 

I am not asking for specifics, because I see no reason to believe the next AG will fail to make a review of the facts and circumstances in order to determine whether the case is to be pursued.  If I believe the next AG hasn't properly done this, I may determine his opinion to be inadequate and dismiss the case.

9 days is plenty of time to get a new nominee and confirm him.  And a trial can be done in under 10 days.

[minionofmidas]

As the PPT happened not to be online on Christmas Eve or Christmas Day, getting the new AG sworn in by that date is not impossible but a bit unlikely.

[Associate Justice PiT]

As the PPT happened not to be online on Christmas Eve or Christmas Day, getting the new AG sworn in by that date is not impossible but a bit unlikely.

     We could get a majority of Senators to agree to vote right after the vote opens.

[Franzl]

I hope we can get this moving pretty quickly.

[Peter]

Your honour, if it may please the Court:

I would like the Court to rule that all prosecutorial evidence and statements be vetted by yourself and myself before presentation to the jury because I fear that much of the evidence the prosecution could introduce in this Court would be tainted by tampering/criminal activity by the previous AG.

My client will formally enter a plea soon.

[Sam Spade]

Ugh, I just lost my ruling because I signed in under the 60 minute thingy and it logged me out.

I'm going to need a few minutes (at least) to reconstruct.