Friday, July 07, 2006

wake up

* a little while ago, WakeUp said:
"I doubt Cheney faces anything more than perhaps some unpleasant testimony , but if he is indicted for anything it would more likely be for his role in the cover-up.

IIPA is not merely a specific intent crime; it has a heightened intent requirement compared to most specific intent statutes.

If it could be shown he encouraged Libby (or someone else) to lie to investigators or before the GJ or concealed/destroyed evidence, etc., he coould be charged for that.

The investigation is ongoing, and you never know for sure what libby or someone else might do under pressure."

i then asked:
"if Cheney does get charged with any cover-up offences, can that cover-up then be used to infer the 'heightened intent'?"

WakeUp replied:
"Possibly. That would require a very fact specific inquiry. Under some circumstances post hoc efforts to conceal an act could be considered relevant as to state of mind at the prior time of the act. "
and WakeUp elaborated at length if you are interested.

(thnx wakeup)

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