Media request to unseal docs in Gizmodo iPhone case rejected

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Comments

  • Reply 41 of 119
    Quote:
    Originally Posted by Bleeny View Post


    Harley, nice A-Team reference (I assume so, anyway as I never really watched the show).



    You should take a break from being either stupid or high (or are you multitasking) and really read through all of the pseudo-eloquent contradictory nonsense that seems to give you that phony sense of self importance you seemingly thrive on. While you do that, I'll go to bed.



    No need to apologize for what you said or who you are, I'm sure you can't help it. We forgive you. That being said, it's easier to forgive you when you keep your mouth shut.



    Can't a guy dream?



    Goodnight!



    self delusion?



    You really should see someone about that. It usually leads to psychosis and anti-psychotic drugs if not caught early.



    If you decide to do anything about it, I will ask my mother if she can suggest someone.



    She IS a published psychologist.



    She may be able to get you a referral and a discount.



    Me? I outsmarted my psychiatrist when I was 16. His name was doctor Tsitos. He was on 20/20 years ago for MPD.



    I was just suffering from teenage angst, but hell, when your psychiatrist comes to the conclusion that you no longer need to see him AFTER having visited you in the hospital for an intentional OD on the very same meds he had prescribed to you (saved them for that very purpose. 3 bottles of high level anti-depressants. most people don't know those can kill you. A PDR is a great resource), and knows that your smile to him was that you knew this all along, there's really nothing YOU may THINK is intelligent that YOU could say to me.



    This was in 1990.



    Now I'm an accountant for an IT Firm specializing in government contracting in the DC area. Haven't seen a Psychiatrist since. Even did a stint in the Navy.



    Why am I telling you this?



    How old are YOU again?



    Come back when you have matured, survived 2 flat lines and seen the real world and THEN you MIGHT be able to play on MY level.



    Right now, I can only look down on you. You have pretty far to climb.
  • Reply 42 of 119
    mdriftmeyermdriftmeyer Posts: 7,503member
    Quote:
    Originally Posted by Harleigh Quinn View Post


    self delusion?



    You really should see someone about that. It usually leads to psychosis and anti-psychotic drugs if not caught early.



    If you decide to do anything about it, I will ask my mother if she can suggest someone.



    She IS a published psychologist.



    She may be able to get you a referral and a discount.



    Me? I outsmarted my psychiatrist when I was 16. His name was doctor Tsitos. He was on 20/20 years ago for MPD.



    I was just suffering from teenage angst, but hell, when your psychiatrist comes to the conclusion that you no longer need to see him AFTER having visited you in the hospital for an intentional OD on the very same meds he had prescribed to you (saved them for that very purpose. 3 bottles of high level anti-depressants. most people don't know those can kill you. A PDR is a great resource), and knows that your smile to him was that you knew this all along, there's really nothing YOU may THINK is intelligent that YOU could say to me.



    This was in 1990.



    Now I'm an accountant for an IT Firm specializing in government contracting in the DC area. Haven't seen a Psychiatrist since. Even did a stint in the Navy.



    Why am I telling you this?



    How old are YOU again?



    Come back when you have matured, survived 2 flat lines and seen the real world and THEN you MIGHT be able to play on MY level.



    Right now, I can only look down on you. You have pretty far to climb.



    Save your praeturnatural ramblings for a forum that questions the existence of existence.



    This is thread is about Human Laws, their creation and enforcement.
  • Reply 43 of 119
    hill60hill60 Posts: 6,992member
    The shield laws seem to be in place to prevent journalists being charged with contempt of court when not revealing their sources.



    Chen very publicly bought property which did not belong to the person selling it, while documenting it on Gizmodo's site, basically he published what amounts to a confession to a felony.



    Now any lawyer will tell you that the strongest evidence that the police have when building a case comes from what the person being prosecuted says.



    It is why one of the most important of your rights under Miranda is the right to remain silent, so you don't dig yourself a deeper hole with your words, which as is further stated may be used against you.



    Chen dug himself a pretty deep hole with his published words, words which were posted and changed numerous times as the course of events unfolded publicly on Gizmodo.



    The Police are quite within their rights to forensically examine Chen's computers in order to unravel his public confessions in order to arrive at the truth, and Chen's part in writing up a "confession".



    I don't see how Chen can defend himself without trying to make out that the story he was publishing was a pack of lies, which brings out questions of his journalistic integrity.
  • Reply 44 of 119
    ouraganouragan Posts: 437member
    Quote:

    Media request to unseal docs in Gizmodo iPhone case rejected



    A request filed by the Associated Press and other media organization to obtain the sealed affidavit used to obtain the search warrant for the raid on Gizmodo blogger Jason Chen's home has been denied.



    Judge Stephen Hall of San Mateo County refused to consider the request, instead deferring the case to the judge who granted the search warrant, who will hear arguments on the matter next week, according to a report filed by CNET.





    The title is wrong as the media request was not rejected, just deferred, i.e. assigned to another judge, the judge who signed the search and seizure warrant.



    The media request is opposed by the San Mateo County Prosecutors as the Police investigation is still ongoing. Next week, the judge who signed the warrant will hear both parties and decide if the contents of the warrant and affidavits can be made public, possibly giving policemen enough time to complete their investigation before the warrant and affidavits are unsealed.





    \\\
  • Reply 45 of 119
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by Harleigh Quinn View Post


    The pint missed is they are skating by the question as to whether Chen has the rights of a journalist. They say as much in their statement.



    They are aware that they may have skirted (read: broken) one of their own laws via raiding Chen's home, and therefore are attempting to avoid it completely, attempting to utilize the "theft" issue in the forefront, hoping no one will notice they raided whom they also believe (by omission) a journalist's home.



    This is, of course, nonsense. It has nothing to do with whether Chen is a journalist. They are investigating a crime. IF a court later determines that Journalist Shield applies, then the evidence they gained will be inadmissible, but that doesn't mean that the search is illegal. They have a warrant signed by a judge (who presumably knows more about the case than you) and a SECOND judge who refused to unseal the documents. Why in the world would anyone think that your inane comments are more valid than TWO judges?



    Again, I'll start a blog on driving prototype and rare cares. I'll offer a reward for someone to bring me a car (and later say I was just joking, wink, wink). Someone 'finds' a Ferrari sitting in a parking garage and the owner isn't around, so they bring it to me. I give him $5,000. I ask my local mechanic if he knows who it belongs to. Then I drive it around for a while, and take it apart so I have pictures of the inside of the car for my blog. When the owner contacts me, I tell them I need firm proof that it's their car. Then, when the police come, I tell them they can't take the car because it's in my garage and my home is covered by Journalist Shield laws - and I'll sue them if they try.



    That's about as close to the Gizmodo incident as it can be. Why would I be allowed to do that?



    Quote:
    Originally Posted by Harleigh Quinn View Post


    You are parsing the law in your fanatical favor.



    You should give it a rest.



    There, again, is no proof of "purchasing" stolen property, and the moment you recognize that this is Apple's war against the press and bloggers and leaks and not about the item itself, the moment you will be enlightened. :rolls eyes:



    Actually, there is. Chen confessed publicly. Chen's blog is about 98% of what the police need to convict him, but they're being careful to make sure everything's done by the book because they knew it would turn into a media circus.



    Quote:
    Originally Posted by Harleigh Quinn View Post


    Translation:



    "We don't want to acknowledge he may have the status and protections of a journalist and therefore would like to make that a non-issue as of now."



    I live in DC. I KNOW spin when I hear (read) it.



    I cannot believe the density of some of these responses.....



    Also, they state "investigation" meaning no charges have been filed yet, and with no charges there is no summation a crime has been committed.



    See how that works?



    Chen confessed to a crime, so we know a crime has been committed. Furthermore, the police stated publicly that they're still investigating. It is not uncommon for the investigation to take some time.



    You're also wrong in claiming that they police are doing all of this to get around Journalist Shield law. First, their statements deny that. Second, TWO different judges have denied it. AND, there's absolutely no evidence that it occurred the way you claim - except for your own delusions.



    Quote:
    Originally Posted by Milford View Post


    Lots of argument via the authority of typeface here today.



    This request is motivated by the fact that he is a journalist, but the grounds for it have nothing to do with that -- nor with whether he is guilty or not.



    The request reads in part:



    The records ... "shall be open to the public as ajudicial record" once the warrant has been executed or 10 days after issuance. (Penal Code § 1534.) But despite this clear right of access, allrecords relating to the warrant have been sealed - and the clerk's office will not even release the order sealing the records or the warrant number. As far as the press can determine, these "judicial records" were sealed without satisfying either the procedural or substantive requirements for sealing judicial records mandated by the Supreme Court in NBC Subsidiary vs ... etc



    And it then continues for three more pages of examples and precedent about why it is important to unseal warrants quickly. Whether you think Jason Chen is a crook or not,* there's no good argument for why the investigation needs an exceptional level of opacity. The prosecutor's arguments are no different from the ones they make whenever there is a request for openness, and mostly these arguments are shot down in the name of an open society and a huge body of precedent. Though it appears it may take a few more days.





    [* For my money, he's guilty -- guilty of paying $5,000 for a clearly stolen good that he equally clearly intended to return shortly after purchasing and using a bit. A crime, no doubt -- but a petty crime.]



    Sorry, but purchase of a prototype worth millions of dollars and publication of such which can cost Apple many millions of dollars in lost sales is not a petty crime.



    As for the rest, the laws allow for records to be sealed while the investigation is ongoing - as it is in this case. TWO judges have confirmed that it's OK, so unless you're sitting on the Supreme Court, your word is worthless against theirs.
  • Reply 46 of 119
    steviestevie Posts: 956member
    Quote:
    Originally Posted by AppleInsider View Post


    A request filed by the Associated Press and other media organization to obtain the sealed affidavit used to obtain the search warrant for the raid on Gizmodo blogger Jason Chen's home has been denied.



    Judge Stephen Hall of San Mateo County refused to consider the request, instead deferring the case to the judge who granted the search warrant, who will hear arguments on the matter next week, according to a report filed by CNET.



    .







    Yet another misleading headline.



    The request was NOT denied. It has not yet even been considered.
  • Reply 47 of 119
    the cool gutthe cool gut Posts: 1,714member
    Quote:
    Originally Posted by Harleigh Quinn View Post


    You are parsing the law in your fanatical favor.



    You should give it a rest.



    There, again, is no proof of "purchasing" stolen property, and the moment you recognize that this is Apple's war against the press and bloggers and leaks and not about the item itself, the moment you will be enlightened. :rolls eyes:



    someone needs to get back on their medication ASAp.
  • Reply 48 of 119
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by Stevie View Post


    Yet another misleading headline.



    The request was NOT denied. It has not yet even been considered.



    Sort of.



    They went around the judge who issued the search warrant in the hopes that they could get another judge to order the documents to be released. The second judge said, in effect, "it's inappropriate for me to overrule the first judge at this point - take the issue up with him".



    Since the first judge issued the warrant in the first place, he's unlikely to overrule himself, so the plaintiffs effectively lost. Their only hope was to have the second judge step in.



    Of course, as time goes by, the police will eventually finish their investigation and the documents may be released without action from the press. The media will publicize that they 'won' and forced the courts to unseal the documents, but from the DA's arguments, it's clear that they would have eventually been unsealed, anyway.
  • Reply 49 of 119
    dkwalsh4dkwalsh4 Posts: 178member
    Quote:
    Originally Posted by Harleigh Quinn View Post


    self delusion?



    You really should see someone about that. It usually leads to psychosis and anti-psychotic drugs if not caught early.



    If you decide to do anything about it, I will ask my mother if she can suggest someone.



    She IS a published psychologist.



    She may be able to get you a referral and a discount.



    Me? I outsmarted my psychiatrist when I was 16. His name was doctor Tsitos. He was on 20/20 years ago for MPD.



    I was just suffering from teenage angst, but hell, when your psychiatrist comes to the conclusion that you no longer need to see him AFTER having visited you in the hospital for an intentional OD on the very same meds he had prescribed to you (saved them for that very purpose. 3 bottles of high level anti-depressants. most people don't know those can kill you. A PDR is a great resource), and knows that your smile to him was that you knew this all along, there's really nothing YOU may THINK is intelligent that YOU could say to me.



    This was in 1990.



    Now I'm an accountant for an IT Firm specializing in government contracting in the DC area. Haven't seen a Psychiatrist since. Even did a stint in the Navy.



    Why am I telling you this?



    How old are YOU again?



    Come back when you have matured, survived 2 flat lines and seen the real world and THEN you MIGHT be able to play on MY level.



    Right now, I can only look down on you. You have pretty far to climb.



    I'm just curious



    why



    every one of your posts



    is formatted



    like



    this.
  • Reply 50 of 119
    Quote:
    Originally Posted by DaHarder View Post


    Waaa Waaa Waaa...



    The thing was lost, was then leaked, and life will (and should) go on.



    You're right in that it shouldn't be a big deal to us, but anything involving Apple is.

    You're wrong that committing a felony is not a big deal.
  • Reply 51 of 119
    maestro64maestro64 Posts: 5,043member
    Quote:
    Originally Posted by OC4Theo View Post


    These idiots who call themselves journalists, should be reporting on illegal war in Afghanistan, illegal occupation of Iraq, preemptive attack on Iran, dictatorship in Egypt, mistreatment of women in Saudi Arabia, illegal drone terrorism on Pakistan, illegal occupation of Palestine by Israel.

    These are and more are what journalists all over the world report on everyday, except in the United States of Amnesia, where gossips are portrayed as news.



    These idiots have nothing else to do except go to court to find out about nothing. Shame on you bastards. WHERE were you when Bush destroyed our constitutional rights?



    And do not forget about your illegal occupation of the land you live on since it did belong the the American Indian at one time but the US ancestors felt compelled to kill and take their land by force.
  • Reply 52 of 119
    stlbluesfanstlbluesfan Posts: 353member
    Quote:
    Originally Posted by sennen View Post


    perhaps you missed this part:



    "The request was opposed by the District Attorney's office, which argued in a legal brief that prosecutors needed to "maintain the security of an ongoing investigation, which may well be compromised by the disclosure of the search warrant affidavit."



    At issue in the affidavit are the names of "two individuals of interest, whom police do not want to alert," the report said, citing comments from an attorney for the media coalition filling the brief who spoke with chief deputy district attorney Stephen Wagstaffe."



    I didn't miss it. But thatnks for helping make my point. The fact that an investigation is on going is not enough by itself. There must be additional issues to make the case for sealing an affidavit. The DA's office says it's because they don't want to alert others that are being investigated. Smokescreen or not, that is the additional cause for the sealing of the affidavit.
  • Reply 53 of 119
    Quote:
    Originally Posted by DKWalsh4 View Post


    I'm just curious



    why



    every one of your posts



    is formatted



    like



    this.



    I'm done with this.



    You all live in fantasy.



    Chen CONFESSED to nothing. The Shield law IS in place to stop contempt but also to keep police and judges from doing exactly what they did.



    But somehow we can all read the same information and from that EVERYONE here can get that Chen and Gizmodo somehow did and said thing that have not been reported.



    What the hell is wrong with you people?



    Wen did we move to England and become guilty until proven innocent.



    None of you know the ins and outs of criminal procedure.



    Guess what? Scooter Libby supposedly committed perjury under orders from Cheney and Rove. The documentation was there to support this and they offered up Libby as the sacrificial lamb.



    Why did this work?



    POWER, STATUS, POSITION and INFLUENCE.



    Apple doesn't have that to that extreme in this case but felt they did.



    They raided the house of the person that hid nothing.



    What is the point of raiding the house of someone that told you everything you needed to know?



    POWER, INFLUENCE, POSTION and STATUS.



    I have ;avoided name calling anyone here, but I feel like I am teaching an inner city kindergarten and the laws keep me from practicing corporal punishment.



    All of you are nothing but a bunch of bad kids laughing at the good kid that told the truth.



    I really do understand why people drive cars in to restaurants and open fire on the patrons with assault rifles after dealing with all of you. I honestly and truly do.



    After all of this, anyone would want to eliminate as much idiocy as they could from the world before they eventually went themselves.



    And the only time I have dealt with this much idiocy is trying to avoid missionaries and talking to right wing christian fundamentalists.
  • Reply 54 of 119
    Quote:
    Originally Posted by StLBluesFan View Post


    I didn't miss it. But thatnks for helping make my point. The fact that an investigation is on going is not enough by itself. There must be additional issues to make the case for sealing an affidavit. The DA's office says it's because they don't want to alert others that are being investigated. Smokescreen or not, that is the additional cause for the sealing of the affidavit.



    So each line is clear and legible.



    It's called formatting.



    NOW I'm done.
  • Reply 55 of 119
    ireality85ireality85 Posts: 316member
    Quote:
    Originally Posted by AppleInsider View Post


    "Media request to unseal docs in Gizmodo iPhone case rejected."



    Quote:
    Originally Posted by AppleInsider View Post


    A request filed by the Associated Press and other media organization to obtain the sealed affidavit used to obtain the search warrant for the raid on Gizmodo blogger Jason Chen's home has been denied.



    Judge Stephen Hall of San Mateo County refused to consider the request, instead deferring the case to the judge who granted the search warrant, who will hear arguments on the matter next week, according to a report filed by CNET.



    C'mon AI, your article title is horribly misleading. The request was not rejected in its entirety (as inferred in the title), simply deferred to another judge for consideration, presumably one more knowledgeable about the circumstances surrounding the issuance of the affidavit and search warrant. Big difference. I roll my eyes at sensationalist titles like these.



    You're better than this.
  • Reply 56 of 119
    robin huberrobin huber Posts: 3,960member
    Fanboys 1

    Haters 0
  • Reply 57 of 119
    Quote:
    Originally Posted by Robin Huber View Post


    Fanboys 1

    Haters 0



    Apple went down once. The shareholders took over and Jobs was relegated to planning employee functions.



    He quit and created Nxt.



    Remember that history?



    I am now beginning to see WHY the shareholders took over and gave the Job to that Nut case Amelio.



    Because in their view Lenin was better than Stalin.



    I'm not saying that will happen again, but at this rate it might.



    Think about that.
  • Reply 58 of 119
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by Harleigh Quinn View Post


    Apple went down once. The shareholders took over and Jobs was relegated to planning employee functions.



    He quit and created Nxt.



    Remember that history?



    I am now beginning to see WHY the shareholders took over and gave the Job to that Nut case Amelio.



    Because in their view Lenin was better than Stalin.



    I'm not saying that will happen again, but at this rate it might.



    Think about that.



    You know, very little of what you post ever makes sense, but this one is bizarre even for you. Care to explain what you're trying to say?



    And you might want to go back to 3rd grade English where they teach about paragraphs. You see, you don't need to separate sentences with carriage returns because it's normal for several sentences to make up a paragraph. The paragraph is about one theme and several sentences that make up that theme are lumped together. You write like Allen Ginsberg.
  • Reply 59 of 119
    Quote:
    Originally Posted by jragosta View Post


    You know, very little of what you post ever makes sense, but this one is bizarre even for you. Care to explain what you're trying to say?



    And you might want to go back to 3rd grade English where they teach about paragraphs. You see, you don't need to separate sentences with carriage returns because it's normal for several sentences to make up a paragraph. The paragraph is about one theme and several sentences that make up that theme are lumped together. You write like Allen Ginsberg.



    Shut up.



    There, I said it.



    You know nothing but what's in front of you and post it to the world as gospel and when the facts are shown you are wrong you try another tact to try to be right.



    That's public record and you disputed it anyway, trying to forget the era of mac clones.



    Just stop talking.
  • Reply 60 of 119
    deapeajaydeapeajay Posts: 909member
    Quote:
    Originally Posted by harleighquinn View Post


    And the only time I have dealt with this much idiocy is trying to avoid missionaries and talking to right wing christian fundamentalists.



    You may in fact be right about this case with Jason Chen. But does that really matter? Is being right so important? I would encourage you to humble yourself and make yourself the least of everyone else here. Regard others' thoughts and opinions as more important than your own. Yeah, they may be wrong and you're right, but do you want to go through life proving to everyone how awesome and great you are and how stupid they are? Where is the joy in belittling others and lifting yourself up? Humble yourself and serve those who hate you. Recognize that you're not better than anybody else. I implore you.



    I'm an arrogant, self-righteous, pompous jerk. [ok, religious talk coming up, I'm sorry everyone, no other way of saying it] I was humbled by the message that God's son came to Earth and died in my place and suffered the wrath of God that was meant for me. Because he died, I can live. And each day I draw breath, I want to live a life of humility and grace.



    Grace and Peace to you harleighquinn
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