From: Duncan Frissell <frissell@panix.com>
Date: Wed, 20 Aug 1997 06:09:05 +0800
To: Tim May <cypherpunks@toad.com
Subject: Re: The Real Bell Issue / Re: Bell, etc
In-Reply-To: <3.0.2.32.19970819111508.03721e8c@panix.com>
Message-ID: <3.0.2.32.19970819175653.03657300@panix.com>
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At 11:21 AM 8/19/97 -0700, Tim May wrote:

>So, I disagree with Duncan's apparent point that it's too bad the Bell case
>didn't go to trial. I'm convinced Bell would have been convicted on most or
>all charges. Hardly a test case for anything important.

But the charges were minor stuff.  Under the Federal sentencing guidelines he 
wouldn't have gotten much if convicted.  And I think that he had a good 
defense to some of the charges.  Selective prosecution and no crime for 
example.  The collecting of the names and addresses of government employees 
is not clearly illegal.  In some cases, it is public information and he could 
argue that he intended to organize demonstrations against them.  It is also 
not clear how they found out about the stink bomb.  That could possibly have 
been challanged.  

The charges were fuzzy and minor.  Those sorts of things make them easy for a 
strong advocate to ridicule in court.  Clearly a waste of the taxpayer's 
money.  Their nature smells of political prosecution.  Another line of 
defense.    

He could have been aggressive and fought instead of wimping out.  Lots of 
people have faced much more serious crimes and won.  It's not like Jim had 
anything better to do.

In such cases, an aggressive show of strength of character is best.  Weakness 
invites oppression.  A rule that you - Tim - seem to follow in general too.

DCF    

"Shit Happens" -- Slogan on the Cat Hat worn by the lead defendant in the 
Princeton Partners Insider Trading case during negotiations with the Feds.  
Court of appeals threw out his conviction.
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