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Newsweek: Palin's lawyer already questioning witnesses who potentially could testify against her!

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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 12:56 PM
Original message
Newsweek: Palin's lawyer already questioning witnesses who potentially could testify against her!
Edited on Fri Sep-05-08 01:02 PM by kpete
Palin's lawyer has already questioned 2 witnesses
Palin's lawyer questioning witnesses who potentially could testify against her in Trooper case

By STEVE QUINN | AP
Sep 5, 2008

...........

With the country's attention focused on Palin the national candidate, lawyer Thomas Van Flein has worked aggressively to undermine an Alaskan legislative inquiry and has started questioning potentially damaging witnesses against the governor.

.......................

The legal tactic of pre-emptive questioning gives the governor a distinct advantage in the controversy because it means that she already knows at the outset the detailed accounts of potential witnesses against her. The procedure also locks important witnesses into the accounts they give. If the witnesses provide statements now that are favorable to Palin, the witnesses' credibility could be called into question if they make statements in the future that are unfavorable to her.

http://www.newsweek.com/id/157257

Sounds like a bullying tactic to me. Scare the witnesses into making sure they cross every 't' and dot every 'i', or risk being called a liar on the stand. Brilliant.

Couple this with the news that the Troopergate investigation is being moved up, I'd say this does not look good at all.

http://www.dailykos.com/storyonly/2008/9/5/134419/8555/870/587975

more at:
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hughee99 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 01:05 PM
Response to Original message
1. Isn't this, in general, what competent lawyers do? n/t
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 01:09 PM
Response to Reply #1
5. This is like a defense lawyer questioning prosecution witnesses before a trial
VERY prejudicial and threatening.

If this were a court case, the judge might disallow testimony from those witnesses.
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 01:57 PM
Response to Reply #5
7. they have said they require subpeonas to testify and it probably
is to protect themselves. Such a place. I would refuse to talk to the shithead.
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hughee99 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 04:17 PM
Response to Reply #5
10. I thought as part of "discovery" the prosecution
was required to list all of their potential witness IN ADVANCE of the trial to allow the defense attorney to question them and prepare an adequate defense. Maybe I'm misunderstanding your argument, but are you saying the defense is or should not be allowed to talk to prosecution witnesses until they take the stand during the trial?
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 10:48 PM
Response to Reply #10
11. Not without an agreed-upon discovery process
This isn't a court of law. This is a legislative investigation without all the nice, neat rules that govern a judicial trial.
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 01:06 PM
Response to Original message
2. Is that legal? Can they compel people to answer questions like that?
I'd tell the lawyer to get bent or I'd bring my own lawyer with me.
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K8-EEE Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 01:07 PM
Response to Original message
3. what is the rule about tampering with/intimidating witnesses?
I really don't think you are supposed to go about it that way -- there's processes of "discovery" and certain procedures, you can't go around "fixing" things.
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ericgtr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 01:09 PM
Response to Original message
4. I don't think it's legal unless it's a deposition (sp?) where both parties are represented
in fact I am certain this isn't legal.
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yodermon Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 01:54 PM
Response to Original message
6. obstruction of justice. n/t
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Bernardo de La Paz Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 02:00 PM
Response to Original message
8. Keywords from the summary: Aggressive, Undermine
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-05-08 02:01 PM
Response to Original message
9. cnn reported earlier that some witnesses who were prepared to talk, now won't
so they will have to issue subpoenas
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krkaufman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-06-08 11:35 AM
Response to Original message
12. . . . O B S T R U C T I O N . . . palin and simple n/t
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