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Comment by smoldesu | Hacker News Reader

I guess all of that somehow culminated in an unlawful warrant. You don't just get to hand-wave unconstitutional conduct; a DUI is small fries, but accusations of impunitive power abuse is something else entirely. The backlash isn't for the DUI or even really the attempted cover-up. The problem (and reason why this made national news) is that they used this relatively minor contrivance as an excuse to abuse their extremely important position for personal power.

If we don't prosecute this kind of behavior, there can be no faith in the rule of law. It is a sad situation that devolved to an inexcusable abuse of power, and that needs to be scrutinized.

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I still haven't seen any evidence that the warrant was actually unlawful. So far this is all supposition by those reporting on it.

You can absolutely issue hey warrant against the journalist with the appropriate probable cause.

> You can absolutely issue hey warrant against

The Privacy Protection Act requires a subpoena be issued, and the bar for executing a warrant against journalist or news organization is exceedingly high and was clearly not met in this instance.

Subpoenas are only required if you want to search a journalist in relation to a crime committed by a third party.

If a journalist is suspected of committing a crime themselves, they get treated to basically the same standards as everyone else.

The 4th Amendment protects any US citizen from unjust search and seizure. The only judge who attested to the warrant's lawfulness was personally attached to the case.

It will take longer for the actual verdict to be reached. Considering the evidence we have though, I see no reason to assume their warrant was legitimately motivated.

> The 4th Amendment protects any US citizen from unjust search and seizure.

It protects any person within the jurisdiction of the United States from unreasonable search and seizure at the hands of the US for state [0] government.

[0] Strictly speaking, only the former, the latter is a result of the same rules that the 4th applies to the US being applied to the states under the 14th, but its common to ignore that with the amendments whose provisions are held to be incorporated against the states by the 14th, and just refer to the amendment that directly applies only to the feds as applying to both.

What was the personal attachment?

I think a lot of the disconnect in these discussions is around confidence. I don't think anyone should assume anything they don't have to.

If you were to gamble, what odds would you place on the idea that there was no evidence evidence for the warrant?

Maybe y'all bootlickers should inform yourself about the basics of this case before running your mouthes?

There's a direct line between her, the court attorney, the owner of the hotel, and Keri Newell.

And I'm willing to bet a small fortune of pick-your-favorite-crypto that she backdated the affidavits that the court openly said didn't exist the day after the raid.

God imagine defending a raid on journalists without bothering to do a modicum of research. Couldn't fucking be me.

Can you articulate the personal attachment and motivation? Were they lovers? Was money paid? Some sort of quid pro quo exchange of favors? Do you have anything?

> On Friday The Star reported Marion County Attorney Joel Ensey, the prosecutor who will decide whether to bring criminal charges in the investigation, is also the brother-in-law of the business owner whose expiring liquor license helped kick off the firestorm.

Judge Viar served as the County Attorney until she was appointed into her judgeship position. (It would be interesting to know if she disclosed the two DUIs, I have my bets considering one of them is mysteriously missing court records.)

> It’s unclear whether a judicial nominating commission that selected Viar for the magistrate position knew about her arrests and diversion. Members of the commission did not return calls from Eagle and Kansas City Star reporters. She would have been required to disclose both arrests in her application.

>She was never sanctioned by the state’s attorney discipline board and won reelection multiple times as a Republican candidate for Morris County attorney.

Looks like the Mayor just missed the first City Council meeting, in 3.5 years. Surely another coincidence.

God I can't wait for more reporting to come out, it's gonna be so good.

And just in case since this thread seems to be full of people needing things spoon-fed, the cops also raided the single city council person who voted against giving a liquor license, illegally, to someone convicted of DUI.

Oh, and the initial meeting, at Keri Newell's restaurant, that preceded all of this, was illegally conducted:

>The meeting was illegal anyway because, if you’ll refer back to the Police Department’s Facebook post, three members of the Marion County Commission were in attendance. That represents a majority of the five commissioners, which makes it an open meeting. Government meetings in Kansas are governed by what is whimsically called the Kansas Open Meetings Act. It’s a bit ironic because its mostly about when government can close a meeting.

>There's a direct line between her, the court attorney, the owner of the hotel, and Keri Newell.

So the _direction_ connection between the individuals is:

1) The judge was a lawyer before becoming judge, and elected to office.

2) The mayor missed a meeting.

3_ Keri Newell met with the county commissioners.

Dude, learn to read. I highlighted the important bits to make it real easy.

She wasn't even elected into her magistrate position. Holy fuck, I'm done with this useless conversation.

Go back to designing fjords. Law isn't your thing, slartibartfast.

>If you were to gamble, what odds would you place on the idea that there was no evidence evidence for the warrant?

I'm getting trolled anyway. The affidavits have been released, they're a joke. Which is why Joel Ensley (recognize that name) revoked the search warrants. Seriously, you don't even seem to know the basics.

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