Comment Re:Its a search warrant! (Score 2, Interesting) 1185
It is not just a search warrant. It is also a guilty plea. When a guilty plea is taken in federal court, the judge is required to determine that there is a factual basis for accepting the plea. The defendant is sworn in and takes the stand. The judge asks the defendant various questions to ensure that he has been competently represented by counsel, understands his rights, and understands the elements of the offense with which he has been charged.
Then, typically, the prosecutor summarizes the evidence that would be presented at trial. The judge then asks the defendant, who is still under oath, if the summary is accurate and if he committed the charged offense.
So, in this case, Sherman Austin swore, under oath, in a court of law, before a federal judge, that he not only told people how to make explosives, but that he did so either (a) intending that his "student(s)" use that information to commit one or more crimes of violence; or (b) knowing that his "student(s)" intended to commit one or more crimes of violence.
So, unless Austin lied, he basically tried to help someone commit a crime of violence with an explosive device.
Explain to me again why this should be protected behavior.
Then, typically, the prosecutor summarizes the evidence that would be presented at trial. The judge then asks the defendant, who is still under oath, if the summary is accurate and if he committed the charged offense.
So, in this case, Sherman Austin swore, under oath, in a court of law, before a federal judge, that he not only told people how to make explosives, but that he did so either (a) intending that his "student(s)" use that information to commit one or more crimes of violence; or (b) knowing that his "student(s)" intended to commit one or more crimes of violence.
So, unless Austin lied, he basically tried to help someone commit a crime of violence with an explosive device.
Explain to me again why this should be protected behavior.
