Sarah Palin hacking suspect disputes charge

[struggle4progress]

Source: Scripps Howard News Service

November 12, 2008
BY JAMIE SATTERFIELD

KNOXVILLE, Tenn. -- ... Kernell .. allegedly used the Internet to dig up answers to security questions that allowed him to change Palin's Yahoo! Mail account. He posted the e-mail and the new password to the forum www.4chan.org under the username rubico10(at)yahoo.com on Sept. 16, the indictment alleges ...

The legalese is a tad confusing but, in essence, Davies' motion to dismiss the indictment contends federal prosecutors are stacking the misdemeanor crime of illegally accessing a computer and the misdemeanor crime of accessing an electronic "facility" such as Yahoo! Mail together to create a felony.

Davies argues the two alleged crimes are identical. If Kernell committed one, he committed the other and can't be punished for both, Davies argued.

"The Department of Justice's own manual on prosecuting computer crimes confirms that the criminal act used to enhance a (misdemeanor) penalty (to a felony) must be a separate act, Davies contends ...

Read more: http://www.suntimes.com/news/nation/1275627,sarah-palin-hacker11208.article

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Accused Palin e-mail intruder argues for misdemeanor instead of felony

... Davies also argued the government misconstrued statutes to charge him with a felony instead of a misdemeanor.

The unauthorized access for which Kernell has been indicted is a misdemeanor unless it is done in the furtherance of another crime, in which case the crime can be enhanced to a felony.

Davies argued the government's indictment is circular in that it enhances itself, with the unauthorized access being performed in furtherance of the unauthorized access ...

http://www.wbir.com/news/local/story.aspx?storyid=68872&catid=2

[machI]

1. Kernell is a hero for getting the truth out

He deserves a medal, not a court appearance

[Ian David]

2. Agreed! In the absence of actual law enforcement, vigalentes become Free Market Justice. n/t

[grannie4peace]

3. i'll third that motion!!!!