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Barrett Brown Can't Talk About Why the Government Wants to Jail Him

182 pointsby ferdoover 11 years ago

8 comments

clavalleover 11 years ago
The Barrett Brown case scares the crud out of me.<p>He linked to a cache of 5 million documents, some of which had CC information in them. Boom, identity theft. All of the other charges flow from that.<p>If the court is not careful we are setting ourselves up for a future where sensitive information is sprinkled in a trove of documents as a trap for unsuspecting journalists or other parties that want to make that information available for the public good.
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dansoover 11 years ago
It&#x27;s curious that the OP links to the David Carr&#x2F;NYT article on Brown, but does not cite the reason why Barrett Brown is under a gag order:<p><a href="http://www.nytimes.com/2013/09/09/business/media/a-journalist-agitator-facing-prison-over-a-link.html?pagewanted=all" rel="nofollow">http:&#x2F;&#x2F;www.nytimes.com&#x2F;2013&#x2F;09&#x2F;09&#x2F;business&#x2F;media&#x2F;a-journalis...</a><p>&gt; <i>Last week, Mr. Brown and his lawyers agreed to an order that allows him to continue to work on articles, but not say anything about his case that is not in the public record.</i><p>I&#x27;m not sure what the alternative was, whether Mr. Brown had the option to say all he wants but only behind bars without access to a computer. But the point is that there was an agreement made and I&#x27;d be more interested in hearing the details and give-and-take behind that.
chris_mahanover 11 years ago
Evidently, since people in government feel the US Constitution is no longer the law, we end up with this sort of thing. Get used to it: there&#x27;s no going back now, as they&#x27;ve tasted the awesome guava-flavored Kool-aid and they like it.
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j_bakerover 11 years ago
The DOJ has gotten exceedingly good at blatantly trumping up charges against innocent people on the flimsiest of excuses. The saddest part of it all is that in many cases even if the defendant is found not guilty, their career may be over.
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mpyneover 11 years ago
Isn&#x27;t this the same exact type of gag order that is normally levied on both sides for trials? As far as I can tell this is the same type of gag order that causes defendants to say &quot;No comment until after the trial&quot; and the prosecution to declare to the media that &quot;details will be laid out at the trial&quot;.
eliover 11 years ago
Rolling Stone published a long profile of Brown and the case against him: <a href="http://www.rollingstone.com/culture/news/barrett-brown-faces-105-years-in-jail-20130905" rel="nofollow">http:&#x2F;&#x2F;www.rollingstone.com&#x2F;culture&#x2F;news&#x2F;barrett-brown-faces...</a><p>Aside from the bogus headline (even if found guilty on all counts, he will not actually get &quot;105 years&quot; in prison), it&#x27;s a good read and it mentions the gag order.
homeomorphicover 11 years ago
&quot;You still don&#x27;t seem to have much general idea of what the court&#x27;s about&quot;, said the painter, who had stretched his legs wide apart and was tapping loudly on the floor with the tip of his foot. &quot;But as you&#x27;re innocent you won&#x27;t need it anyway. I&#x27;ll get you out of this by myself.&quot; &quot;How do you intend to do that?&quot; asked K. &quot;You did say yourself not long ago that it&#x27;s quite impossible to go to the court with reasons and proofs.&quot; &quot;Only impossible for reasons and proofs you take to the court yourself&quot; said the painter, raising his forefinger as if K. had failed to notice a fine distinction. &quot;It goes differently if you try to do something behind the public court, that&#x27;s to say in the consultation rooms, in the corridors or here, for instance, in my studio.&quot;<p>[...]<p>&quot;I inherited these contacts. My father was court painter before me. It&#x27;s a position that&#x27;s always inherited. They can&#x27;t use new people for it, the rules governing how the various grades of officials are painted are so many and varied, and, above all, so secret that no- one outside of certain families even knows them. In the drawer there, for instance, I&#x27;ve got my father&#x27;s notes, which I don&#x27;t show to anyone. But you&#x27;re only able to paint judges if you know what they say. Although, even if I lost them no-one could ever dispute my position because of all the rules I just carry round in my head. All the judges want to be painted like the old, great judges were, and I&#x27;m the only one who can do that.&quot;<p>[...]<p>&quot;We&#x27;re talking about two different things here, there&#x27;s what it says in the law and there&#x27;s what I know from my own experience, you shouldn&#x27;t get the two confused. I&#x27;ve never seen it in writing, but the law does, of course, say on the one hand that the innocent will be set free, but on the other hand it doesn&#x27;t say that the judges can be influenced. But in my experience it&#x27;s the other way round. I don&#x27;t know of any absolute acquittals but I do know of many times when a judge has been influenced. It&#x27;s possible, of course, that there was no innocence in any of the cases I know about. But is that likely? Not a single innocent defendant in so many cases? When I was a boy I used to listen closely to my father when he told us about court cases at home, and the judges that came to his studio talked about the court, in our circles nobody talks about anything else; I hardly ever got the chance to go to court myself but always made use of it when I could, I&#x27;ve listened to countless trials at important stages in their development, I&#x27;ve followed them closely as far as they could be followed, and I have to say that I&#x27;ve never seen a single acquittal.&quot; &quot;So. Not a single acquittal,&quot; said K., as if talking to himself and his hopes. &quot;That confirms the impression I already have of the court. So there&#x27;s no point in it from this side either. They could replace the whole court with a single hangman.&quot; &quot;You shouldn&#x27;t generalise,&quot; said the painter, dissatisfied, &quot;I&#x27;ve only been talking about my own experience.&quot; &quot;Well that&#x27;s enough,&quot; said K., &quot;or have you heard of any acquittals that happened earlier?&quot; &quot;They say there have been some acquittals earlier,&quot; the painter answered, &quot;but it&#x27;s very hard to be sure about it. The courts don&#x27;t make their final conclusions public, not even the judges are allowed to know about them, so that all we know about these earlier cases are just legends. But most of them did involve absolute acquittals, you can believe that, but they can&#x27;t be proved. On the other hand, you shouldn&#x27;t forget all about them either, I&#x27;m sure there is some truth to them, and they are very beautiful, I&#x27;ve painted a few pictures myself depicting these legends.&quot; &quot;My assessment will not be altered by mere legends,&quot; said K. &quot;I don&#x27;t suppose it&#x27;s possible to cite these legends in court, is it?&quot; The painter laughed. &quot;No, you can&#x27;t cite them in court,&quot; he said. &quot;Then there&#x27;s no point in talking about them,&quot; said K., he wanted, for the time being, to accept anything the painter told him, even if he thought it unlikely or contradicted what he had been told by others. He did not now have the time to examine the truth of everything the painter said or even to disprove it, he would have achieved as much as he could if the painter would help him in any way even if his help would not be decisive. As a result, he said, &quot;So let&#x27;s pay no more attention to absolute acquittal, but you mentioned two other possibilities.&quot; &quot;Apparent acquittal and deferment. They&#x27;re the only possibilities,&quot; said the painter.<p><i>End quote</i><p>I&#x27;m sorry for pasting so much. I had just laid behind me these very pages in <i>The Trial</i> when I put the book down and visited HN. This story made me wonder if I was still reading. It&#x27;s been said hundreds of times during the Summer of Surveillance, but I&#x27;ll say it again: K. seems to be living a low tech version of today or the near future. Viewed from afar it is a truly frighteting ordeal that feels physically straining even when the person involved isn&#x27;t even real, let alone a citizen of your country - far less yourself.<p>Even though it&#x27;s akin to shouting &quot;1984 isn&#x27;t a manual&quot; on Reddit, I wholeheartedly recommend that anybody who has not yet read The Trial should do so immediately [1]. Even if you don&#x27;t end up feeling the relevance, it&#x27;s such a short book that it&#x27;s worth a read even if you don&#x27;t like it.<p>[1] <a href="http://www.gutenberg.org/ebooks/7849" rel="nofollow">http:&#x2F;&#x2F;www.gutenberg.org&#x2F;ebooks&#x2F;7849</a>
jrockwayover 11 years ago
Isn&#x27;t this the guy that posted a YouTube video threatening to kill some FBI agent? Perhaps that&#x27;s why the government wants to jail him.