Posted on 01/31/2012 12:16:27 PM PST by SmithL
A federal appeals court has rejected a former University of Tennessee college student's appeal against being convicted for hacking former Republican vice presidential candidate Sarah Palin's personal e-mail account during the 2008 campaign.
Lawyers for the ex-student, David Kernell, said the felony obstruction of justice statute he was convicted under was so vague as to be unconstitutional.
In particular, they argued, Kernell had no obvious notice that a federal investigation was underway before he deleted files from his computer and defragmented his hard disk.
However, according to Politico, in an opinion Monday, a three-judge panel of the U.S. Court of Appeals for the 6th Circuit said the law was clear enough to be enforced and it covered the kind of conduct Kernell allegedly engaged in.
Defense lawyers told a jury that Kernell was engaged in a foolish prank and not a malevolent crime in September 2008 when he used a "lost password" feature on Yahoo to gain control of Palin's e-mail account and post screenshots of her messages and at least one family photo.
After the jury convicted him in 2010 on the obstruction charge and a misdemeanor of computer intrustion (and acquitted him or deadlocked on two other charges), Kernell was sentenced to a year and a day in jail.
Kernell, an economics student and son of a Democratic state legislator in Tennessee, appealed the obstruction conviction, but not the computer intrusion one.
In the meantime, he reported to jail last January and was released in November, according to the Bureau of Prisons web site.
Federal sentences of more than a year are usually reduced 15 percent for so-called "good time."
A lawyer for Kernell said he plans to ask the full bench of the 6th Circuit to review the case. (ANI)
However, I find it somewhat worrisome that they can nail this jerk on an "obstruction" charge for modifying his own hard drive, unless he did it after a court order barred him from doing so.
This seems to me a fifth amendment issue, the right not to testify against yourself. And it's implied corollary the right to not retain evidence against yourself.
There is an increasing trend of busting people not on the crime itself, but on vague indirect behaviors not directly part of the crime.
Of course, any conviction of FReepers would be posthumous, after they pry our "arsenals" and Bibles from our cold dead fingers.
'revere' is your word, I 'revere' no flesh being. Sarah to some of US was a breath of fresh air that said what some of US had no opportunity to say because of bullies whose sole purpose in life is to ridicule.
Well, now you're getting into how the media would respond.
I have no control over that. Do you? No? Then what's the point of speculating?
Fact is I just don't see Palin's Yahoo! account being hacked (how long ago?)
as being any kind of major news. Sorry if that chafes you. She isn't the Pope.
Apparently you view any slight to Palin to be high treason.
The right to destroy evidence?
Don’t think so, obsruction of justice would be unenforceable. The common law is clear that no one has the right to destroy evidence simply because it’s incriminating to an accused.
The malice in his actions is as clear as day. So nor “prank.” It was an effort to defame her and obstruct her right to free speech.
Well perhaps obstruction of justice charges should be limited to the severity of the root crime.
It's just ridiculous to me that if you cover your tracks after committing a misdemeanor, that you become a felon for covering your tracks when you were only trying to cover up a misdemeanor.
The flip side of this is that we now know that we should never say anything to law enforcement. Because if they can construe something you said as false, they they can get you for obstruction of justice, whether or not you are guilty of any crime. (ex Martha Stewart)
ZOT!
WHY? For liking Sarah?
Not you.
The other guy - he's gone....!
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