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)
I’ve no doubt that Brian Williams and whoever is running the nightly news at the other two networks this week will lead off with this story tonight. What? No?
Fry ‘im.
Since when is a hacker getting convicted a lead news story anywhere?
Sooooo- the authorities are supposed to ‘warn’ the alleged perp with enough time that the perp can dispose of all the evidence against him???
Ha Ha Ha Ha........
If you can’t do the time—don’t do the crime, sucker.
Sarah Palin hate on display. Pretty funny when you spend the rest of your time supposedly protecting us from the evil bloggers....
So hacking her mail is more important than another person's mail?
Why? Is she "more equal than others"?
Could they not tack on another year or two please, for being a wise guy?
“son of a Democratic state legislator in Tennessee,”
Who ALSO happened to be Obama’s 2008 Tennessee campaign chair.
Funny how the article ‘Forgets’ to mention that, isn’t it?
It took you a while to get around to finally admitting your hate for Sarah. Initially it was bashing her supporters, but finally the 'truth' came out. But since we are not suppose to drag from threads I won't violate that 'rule'. So I suppose you would not be bothered in the least if somebody hacked your e-mail. Equality?
“son of a Democratic state legislator in Tennessee,”
Who ALSO happened to be Obama’s 2008 Tennessee campaign chair.
Funny how the article ‘Forgets’ to mention that, isn’t it?
worth repeating.
Er.. no. I don't like her. I don't hate her but I sure don't like her. Never said different.
So I suppose you would not be bothered in the least if somebody hacked your e-mail. Equality?
I wouldn't like it, but I wouldn't expect it to be a lead news story.
That’s because you’re a grumpy old fart that very few people like. In fact I’m sure the only people who do like you are grumpy old farts.
That comes close to being tagline material right there.
Er.. no. I don't like her. I don't hate her but I sure don't like her. Never said different.
Hon you are not being honest, because initially you bashed anyone who supported her, but finally, recently you exposed the 'truth' that you did NOT like her. Bully for you. Talk about some being more equal than the rest, fits you like a glove.
So I suppose you would not be bothered in the least if somebody hacked your e-mail. Equality?
I wouldn't like it, but I wouldn't expect it to be a lead news story.
Sorry, but, as lame an answer as there can be found. Eventually reality presents itself.
initially you bashed anyone who supported her
No, I bashed over-the-top worship of someone I don't like.
Wouldn't you? How about Obama worshipers? Bash them much?
Maybe bash 'em a bit for thinking he's a messiah? Same same.
Sorry, I don't think her Yahoo! account getting hacked is
particularly earth-shattering news. You are free to do so.
Why is the fact that I fail to revere her such a problem for you?
Picture someone hacking Candidate Obama’s account and see what the response would be.
I think the kid should appeal a few more times just to make sure his Democrat daddy’s bank account is good and empty.
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