Teri Kanefield Profile picture
Aug 11, 2018 13 tweets 4 min read Twitter logo Read on Twitter
(Thread) Did Roger Stone conspire to commit computer fraud?

The Computer Fraud Act makes it illegal to transmit stolen materials with the intention of causing damage.

1/ The latest Mueller indictment alleged that Russian military officials hacked into the DNC (and others) and then transmitted the stolen material with the intent to cause damage to HRC’s candidacy for president.

More info on Mueller's indictments here: russia-investigation-summary.com
2/ Conspiracy to commit computer fraud (18 U.S. Code 1030(b)) has 5 elements:

(1) 2 or more persons
(2) Intentionally
(3) make an agreement
(4) to violate the computer fraud statute, and
(5) commit some overt act in furtherance of the agreement.
3/ (the “overt act” is so people aren’t criminalized for thinking about committing a crime.)

For reliability, let's limit to 2 kinds of facts: Those in the Mueller indictments & public statements by Stone himself.

A prosecutor must prove each element beyond a reasonable doubt.
4/ Next we apply the facts to the law. According to the indictment “a person who was in regular contact with senior members” of the Trump campaign began communicating with the Russian hackers.

Roger Stone has admitted this person is probably him.
5/ Let’s assume it’s true that on 8-3-16 Stone dined with Assange as he wrote in an email:

On 8-21-16, Stone tweeted: “It will soon be Podesta’s time in the barrel.” cnn.com/2017/03/20/pol…
6/ In October, Wikileaks began releasing emails stolen from HRC's campaign chair, Podesta.

Let’s see if we have facts to prove each element:

Element (1) two or more people:☑️
Element (2) Intentional:☑️ (to make sure someone wasn’t unwittingly caught up in something.
Element (3) make an agreement: ☑️ (unless, of course, Stone said ‘No Don’t Do It!’)
Element (4) to violate a federal law: ☑️ (the computer fraud act)
Element (5) commit some act in furtherance:☑️ (meetings, and in this case, the crime was actually committed)
8/ Now we analyze: YES (well, as far as we can see from facts at hand without benefit of a court of law)

Conclusion: It’s soon to be Stone’s time in the barrel.

Co-conspirators are punished the same as the person who commits the underlying crime.
9/ From the Computer Fraud statute:

Whoever CONSPIRES to commit an offense under this statute is punished the same as someone who actually did the work: a fine or imprisonment for not more than 10 years.
10/ For everyone studying for the Twitter Bar Exam (and preparing for more indictments) what we just did is known to law students everywhere as IRAC:

I: ISSUE (Did Stone conspire to commit computer fraud)
R: RULE (list the elements)
A: ANALYZE (apply facts)
11/ Next, we can try:

Issue: Did Stone Aid and Abet a crime?
Issue: Was Stone an Accomplice After the Fact?
Issue: Did Stone conspire to defraud the US?

Spoilers: Yes, yes, and yes.

(All of these are activities popularly known as “colluding”)
12/ Adding: Did Stone make false statements to Congress? etc.

Remember we don't know what Mueller will do.

Prosecutors decide what to charge partly on how sure they are that they can prove each element.

That's partly why fed. prosecutors have better than 95% conviction rate.

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Teri Kanefield

Teri Kanefield Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @Teri_Kanefield

Oct 9, 2018
(Thread) Recap: Back to the 1920s

Let’s keep our current situation in perspective.

Two things are happening.

First, we're in the midsts of a slow-motion constitutional crisis prompted by Congress failing to act as a check on presidential power.
1/ As a result, we have a president with authoritarian impulses whose instincts are not being contained.

We also have a president who has lived a life of crime being shielded from criminal liability by Congress.
2/ Second, we have an administration doing everything it can to roll back the clock to the 1920s, before social security, before minimum wage, before the 40 hour work week, before rights for blacks and women.

Read 12 tweets
Oct 8, 2018
(Thread) Can a sitting president be indicted?

Spoiler: Most likely yes—even with Kavanaugh’s vote.

But it’s not a game-changing issue.

(It's complicated—so a long thread)

Indictment means there's basis for a criminal charge;
Guilt is found at trial.
1/ The reason some of you are worried about whether a sitting president can be indicted is because you’re worried Trump will get away with his crimes, or be placed above the law.

The Constitution outlines a procedure for when a president is suspected of criminal behavior:
2/ The House investigates, and if there’s basis, impeaches the president. (Impeach is like indict) Impeachment requires a majority of the house.

Impeachment is followed by a Senate trial. If the Senators believe the president is guilty, they remove him from office with 2/3 vote.
Read 27 tweets
Oct 7, 2018
(Thread) Sunday recap.

Hi, everyone. I wrote 4 threads this week plus a Slate article.

INCUMI any, here they are:

#1: Trump and his lies:
#2: Why nobody is paying attention to the NYT Trump tax fraud story:
#3: How we can get through this and save liberal democracy:

Read 6 tweets
Oct 6, 2018
(Thread) Trump and his lies

[First 8 tweets are some notes from the Snyder Speaks series/ YouTube]

Fascism always begins with clearing the horizon of factuality.

The fascist clears away facts & starts with myth—usually the nation’s mythic past and future destiny of greatness.
1/ Trump naturally and gracefully inhabits a world of fiction.

When Trump had to grapple with reality, he never actually succeeded. He was a business failure.

He has, however, been successful when pretending to be something he isn’t.
2/ For example, he was good at pretending to be a successful business man.

He doesn’t understand the rules of reality. When he has to deal with reality, he fails.

But he understands the rules of fiction. He knows how to create a compelling story.
Read 15 tweets
Oct 5, 2018

Tony Schwartz wants to know why nobody is paying attention to the NYT Trump tax fraud story.

I can think of a few reasons🙋‍♀️🙋‍♀️🙋‍♀️

By now Trump’s critics know he was never a “successful businessman” and that he committed a boatload of crimes.
1/ What’s more important, the GOP doesn’t care.

[If any MAGA people pop in and say, “What crimes?” click here: russia-investigation-summary.com

The drafters of the Constitution considered the possibility that a president would be elected who was guilty of high crimes and misdemeanors.
2/ That’s why they included a remedy in the Constitution: Congress acts as a check on presidential power.

At the first sign of fraud or foreign influence, Congress SHOULD have stopped everything and conducted a meaningful investigation.
Read 14 tweets
Oct 4, 2018
(short thread) I'll give you a quick list of my top four recommendations for understanding what is happening right now.
First on the list: The Road to Unfreedom (Timothy Snyder)
The next three, in no particular order: How Democracies Die, How Fascism Works, Can It Happen Here?
1/ My top four recommendations 👇

Snyder's book is complex. He has a series of lectures on YouTube. If you spend a day or two and listen to his lectures, then read the book, it's easier.
You'll then have almost a graduate education in how Trump happened.
Snyder is brilliant.
2/ My favorite essay in the collection Can It Happen Here is this one 👇.

I did a thread on it. My thread are like cliff notes; or rather Teri's Notes. Better to read the original, but not everyone has the time.

Read 6 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!