Posted on 09/07/2013 11:59:11 AM PDT by oxcart
Under state law, blackmail can involve a written communication that threatens to expose information about someone “which would in any way subject such person to the ridicule or contempt of society.”
Sounds to me like a prosecutor has gone a bit overboard, if this is the "blackmail" being alleged.
I don't know the specifics, and sometimes I do believe zealots of both sides can really go a bit overboard attacking politicians, but is this a real case of "blackmail"? Aren't there some REAL criminal acts out there that the prosecutor can be bringing to trial?
Just wondering...
How is supporting the UN on energy policy a tea party position?
How is your question relevant to whether charges should be brought to the guy?
This is protected free speech. In fact, a politician has no protection against accusations or the threats to expose things. When you run for office you’re putting yourself out in the public for approval. That’s my take.
One more thing, typical republican can’t take the heat.
It’s rough language, but how is this blackmail?
Have looked at the TP Sooner takedown of Gerhart. Sounds like he is a bad apple in the Tea Party basket.
Your legal opinions would be welcome
Had to re-read that one line 3x to see if I missed something.
This is probably the flimsiest blackmail case I’ve ever heard of. Yes, the letter/email was a bit over the top, but I would guess that legislators get similar emails fairly often. Digging up dirt on political opponents is SOP, and running for political office carries with it the implicit threat that any dirt in your past will be exposed. And, of course, newspapers LOVE to expose the dirt in politicians’ lives, especially if they are conservatives.
If “making a laughingstock” of someone is a crime in Oklahoma, I guess all political satire is against the law, and all editorial cartoons, and any editorials which heap scorn upon a politician. The law sounds unconstitutionally vague and overbroad.
” Aren’t there some REAL criminal acts out there that the prosecutor can be bringing to trial?”
But the prosecutor tailgates with Branan and has a need to cover his @ss. /sarc
He is in trouble. Oklahoma has a generous law about blackmail, which makes it easy to prosecute.
“Blackmail is verbally or by written or printed communication and with intent to extort or gain any thing of value from another or to compel another to do an act against his or her will:
“Accusing or threatening to accuse any person of a crime or conduct which would tend to degrade and disgrace the person accused;
“Exposing or threatening to expose any fact, report or information concerning any person which would in any way subject such person to the ridicule or contempt of society”.
(The other parts of the statute do not apply.)
Yeah. that one caught my eye as well.
So did they check every name in the Rolodex?
How is he defining “crazy?”
Is “crazy” actually “conservative?”
Perhaps it is just “republican.”
OSBI dropped a LOT of points on this one right there.
.
I’d be worried if I was in that Rolodex... the OSBI has them targeted for a number of reasons, now.
Sounds to me like the statute is unconstitutionally broad in that. If this isn’t political speech I don’t know what would qualify.
Thanks, I thought that Gerhart was in trouble let alone being affiliated with the dreaded “Tea Party”./s
Go ahead with your plan, you have nothing to lose now do you?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.